Yale UoiyBrsil)' Library 39002014034962 VERMONT BEING A COLLECTION OF RECORDS AND DOCUMENTS, CONI^KCTED WITH THE ASSUMPTION AND ESTABLISHMENT OF GOVERNMENT BY THE PEOPLE OP TOGETHER WITH THE Sournal of the ©ounctl or Safetg, THE FIRST CONSTITUTION, THE EARLY JOURNALS OF THE GENERAL ASSEMBLY, AND THE LAWS PROM THE YEAR 1779 TO 17865 INCLUSIVE. To WHICH AEE ADDED THE PROCEEDINGS OF THE FIRST AND SECOND COUNCILS OF CENSORS. COMPILBD AND FVBI.ISBED BT WILLIAM SLADE, Jun. Secretaet of Stat«. MIDDLE8URY : J- W. COPELAND, PMNTKB. 1823. DISTRICT OF VERMONT, To wit. |-H— a!!i "DE IT REMEIMBERED, that on the third day of February, in the *i T c [! JD forty-seventh year of the Indepei.Jeiice of tlie United Pta'ts of Ameri- I ^-'' *J. II „„ w c- t. :-- ' .' *!.-* — ;-i .!:.,«.,;„* i? :.... i.,.t, j.. :^ — i :_ I ' * j! *^3i William Sladz, Junior, oi the .^aid district. Esquire, Iia'h deposited in liii'i^— I this office, the titl" ol* a book, the right whereof he claims as proprietor, in the words following, to wit : — "Vermont State Papers ; being a collection of records and documents counected with the assumption and establishment of government hy the people of Vermont ; together with the journal cf the Council of Safety, the first Consti tution, the early journals of the Genera! Assembly, and the laws from the year 1779, to 1786, inclusive To which are added the proceeclings of the first and second Councils of Censors. Compiled and published by Whuam iSlade, Jun Secretary of State." In conformity to the act of the Congress of the United States, entitled "an act for the en couragement of learning, by securing the copies of maps, charts, and books, to the au thors and proprietors of such copies, during the times therein mentioned." JESSE GOVE, Clerk of ihe District of Fermtnt. A true copy of record, examined and sealed by J. GOVE. Cla^. ^oTLAO CONTENTS. ' Page. Documents relating to the controversy with New- York and New- Hampshire, and the admission of \' ermont into the Union, - 8 Journal of the Council of Safety, - - - - - 197 Extracts from the early journal of the Governor and Council, 237 First Constitution, - - - - ... 241 Journal of the General Assembly, — March Session, 1778, - 257 June Session, 1778, - 268 , October Session, 1778, - 275 Laws, passed Feb. session, 1779, 2.87 June session, •• ..... 389 Oct. session, •• - - - - 391 March session, 1780, '395 Oct. session, •• . . . . 398 Feb. session, 1781, - - - - 421 April session, ••...- . 424 June session, •• .... . 430 Oct. session, •• .... 439 Feb. session, 1782, ..... 444 June session, ••..... 449 Oct. session, ¦• . . . . 456 Feb. session, 1783, .... 467 Oct. session, •• ...» . 472 Feb. session, 1784, ..... 483 Oct. session, •• ..... 491 June session, 1785, - .... 497 Oct. session, ••_.._. . 500 Oct. session, 1786, - - - - 504 Resolutions of the first Council of Censors, - - - 511 Constitution, as revised by the first Council of Censors, - 516 Address of the first Council of Censors, to the freemen, - - 531 Proceedings of the second Council of Censors, - - - 545 Records of the Supreme Court, ..... 549 Proclamation of pardon, June 177 9j - - - 556 ^ Governor's speech, Oct. 1779, 558 Commission of Confiscation, ..._¦. 56O Order of Court of Confiscation, ..... 562 Writ of seizin, issued by Court of Confiscation, - - 562 ¦¦ Ethan's Allen's complaint to Court of Confiscation, - . 563 List of Governors of Vermont, from 1778 to 1822, - - 564 List of Judges of Supreme Court, from 1778 to 1822, - - 564 List of Senators in the Congress of the U. S. from 1791 to 1822, 566 List of Representatives to Congress, from 1791 to 1822, 566 Ancient inscription, ---.--. 568 INDEX TO THB DOCITMENTS RELATING TO THE CONTROVERST WITH NEW-YOKK AND NEW-HAMPSHIRE, AND THE ADMISSION OP VERJIONT INTO THE UNION. Fage. Correspondence between the Governors of New-Hampshire and New-York, relative to the jurisdiction of those provinces, com mencing - . . . . November, 1749, 10 List of grants made by the Governor of New-Plampshire, west of Connecticut river, previous to the year 1765, - - 13 Grant from Charles II to the Duke of York, by virtue of which the territory called the New-Hampshire grants, was originally claimed by the province of New- York-, - - - - 16 Proclamation of the Governor of New-Hampshire, asserting the claim of that province to the grants, west of Connecticut river, March, 1764, 17 Order of the King in Council, establishing the west bank of Con necticut river as tlie boundary between the provinces of JNew- York and New-Hampshire, - - July, 1764, 19 Order of the King in Council, prohibiting the Governor of New- York from making grants of land in the disputed terri tory, July, 1767, 20 Continuance of grants by the Governor of New- York, and vio lent proceedings, thereupon, - - - - - 21 Communication from the Governor of New- York to the inhabi tants of Bennington and its vicinity, - - May, 1772, 22 Answer of the inhabitants of Bennington, &c. to the foregoing communication, June, 1772, 23 Communication of Ethan Allen, Seth Warner, Remember Baker and R. Cochran, to the Governor of New- York, June, 1772, 24 Order of Governor of New- York, suspending prosecutions in be half of the crown, against the inhabitants of the New-Hamp shire grants, '----...09 Communication of the Governor of New- York to the inhabi tants of Bennington and the adjacent country, relative to their dispossessing certain settlers in the vicinity of Otter Creek, claiming under grants from New- York, - - Augt. 1772, 29 Answer to the foregoing communication, - - - Augt. 1772, 30 Report of the Lords of trade to his Majesty's Privy Council, on the subject of this controversy, ... Dec. 1772, 33 Review of the controversy, — violent proceedings on the New- Hampshire grants, - - - - - -,-35 Violent proceedings of the General Assembly of New- York, February, 1774, 37 Meetings and resolutions of committees from sundry towns on the New-Hampshire grants, - , - April, 1774, 38 INDEX. Act of the Legislature ctf New- York, " for preventing tumultuous and riotous assemblies" on the New-Hampshire grants, " and for the more speedy and effectual punishing the rioters" p: passed, - March, 1774, 42 ¦ Spirited remonstrance of Ethan Allen, Seth Warner and others, against the proceedings of New- York, - April, 1774, 49 Proceedings in the county of Cumberland, and massacre at the Court House, in Westminster, - - March, 1775, 55 Proceedings at a meeting of committees from sundry towns, on the east side of the mountains, held at Westminster, evincing their determination to resist the administration of New- York, April, 1775, Co Petition and remonstrance to the Continental Congress, of Repre sentatives from the towns on the New-Hampshire grants, a- gainst the proceedings of New- York, praying for permission to do duty in the continental service, independent of New- York, January, 1776, 6l Resolutions of Congress on the subject of the foregoing petition, 64 Proceedings of the Convention which declared' the independence of the New- Hampshire grants, at their sessions at Dorset, Sept. 25, 1776, and Westminster, January 15, 1777, together with that declaration, ... - . * gg Declaration and petition of the inhabitants of the New-Hamp shire grants, to the Continental Congress, announcing the dis trict to be a free and independent State, - . . 70 Letters frora the President of the Convention of New-York, to the President of Congress, relative to the assumed indepen dence of Vermont, - January ;and March, 1777, 73 Address of Thomas Youngof Philadelphia, to the inhabitants of Vermont, recommending the formation of a Constitution and the election of Delegates to Congress, April, 1777, 76 Resolution of the Continental Congress recommending the as sumption and establishment of government in certain cases, fY Letter from the President of the Council of Safety of New- York, to the President of Congress, relative to the proceedings of Vermont, May, 1777, 77 Resolutions of Congress, on the subject of the assumed indepen dence of Vermont, .... June, 1777, 78 ; Constitution of Vermont formed, ... July, 1777, 79 Correspondence between the Council of Safety of Vermont and the Governor of New-Hampshire, relative to the surrender of the fortress at Tyconderoga, and the exposed state of the frontier, - - ., - - - - July, 1777, 79 Address of the Council of Safety, to the people of Vermont, re- ' lative to the Constitution, - - February, 1778, 81 Proclamation of the Governor of New- York, containing certain overtures to the inhabitants of \' ermont, February, 1778, 8$ '! Answer of E. Allen to the foregoing proclamation, Augt. 1778, 85 Admission of sixteep towns, east of Connecticut river, into union with Vermont, .... June, 1778, 90 ri ' INDEX. Communications of the President of New-Hampshire to the De legates of that State in Congress, and to the Governor of Ver mont, on the subject of the above union, , Augt. 1778, 90 Appointment of Ethan Allen to repair to Philadelphia to ascer tain the views of Con^cess relative to Vermont ; and his report to the Legr^lature, - - - - Oct. 1778, 92 Important proceedings of the Legislature of Vermont relative to the union, - .... Oct. 1778, 94 Protest of sundry members of the Legislature against the above proceedings, in which they renounce all political connection with the State. Oct. 1778, 100 Proceedings of a convention of Delegates from sundry towns in the vicinity of Connecticut river, at Cornish, Dec. 1778, 102 Dissolution of the union with the sixteen towns, east of Connec ticut river, ' - - - - - February, 1779, 102 Application of sundry inhabitants in the vicinity of Connecticut river to the Legislature of New-Hampshire, projjosing a union of Vet-mont with the Slate of New-Hampshire, March, 1779, 104 Proceedings of the Legislature of New-Hampshire, on the above application,— claiming jurisdiction over the whole of Ver mont, - ... April and .fnne, 1779, 105 Petition of sundry mhabitants of Cumberland (now Windham) county, to the Governor of New- York, praying for protection against the authority of Vermont, - - May, 1779, 106 Communication of the Governor of New- York to the President of Congress, soliciting the interposition of Congress, in quieting the disputes relative to the New-Hampshire grants, - ---.¦-. ^'^^y> ^•"79, 108 Appointment by Congress, of a committee to repair to the New- Hampshire grants for the purpose of effecting a settlement of the controversy, June, 1779 108 Certain officers acting under the authority of New-York in the county of Cumberland, made prisoners, by a forceunder Ethan Allen, - - - - ', - - - - - 109 Proceedings of Congress, thereupon, - - June, 1779, 109 Resolutions of Congress, recommending to the States of New- York, New-Hampshire aod Massachusetts to pass laws, refer- ing to the decision of Congress all controversies, relative to ju risdiction over the " Newr-IIampshire gjfants," and appointing a time for hearing the same, &c. - - Sept. 1 779, no Proceedings of the Legislature of Vermont on the-«ubject of the foregoing resolutions, .... Oct. 1779, 113 Communication of the Governor of Vermont tjfctbe President of the Council of Massachusetts, relative to the claitn of that State, to part of the territory of Vermont, - Ocj^. 1779, 114 Abstract of " an appeal to the candid and irapaitial world" by the Governor and Councif of Vermont, - Dec. 177iJ, 116 Further proceedings of Congress relative to ' the proposed reference of the controversy to the arbitrament of that body, June, 1780, 117 indeS. vn Ineresting communication of the Governor of Vermont to the President ef Congress, asserting the right of the State to inde pendence, and protesting against the authority of Congress to arbitrate upon the controversy, - - July, 1780, IIS Congress proceed to a hearing of the controversy, and postpone indefinitely, a decision thereon, - - Sept. 1780, 122 Remonstrance of Ira Allen and Stephen R. Bradley, agents of Vt. against the proceediflgs of Congress, - Sept. 1780, 124 Application to the Legislature of Vermont, frora a convention holden at Charleston, for a union of the grants on both sides of Connecticut river, . - - . January 1781, 128 Proceedings of the Legislature of Vermont on the subject of the above application, which result<}d in the assertion of a juris dictional claim, indefinitely, east of Connecticut river, Feb. '81, 128 Negociation, and articles of union agreed upon, between the Le gislature of Vermont, and the Convention holden at Cornish, by which the New-Hampshire grants, east of Connecticut ri ver and west of the " Mason line," were taken into union with Vermont, February 1781, 132 • List of towns, east of Connecticut river, which acceded to the above union, ---.-... x37 Proceedings of the Legislature of Vermont relative to a union with a part of the State of New- York, including the articles of said union, and the names of members from certain towns in New- York, who thereupon took their seats in the Legislature of Vermont, May, 1781, 138 * Reflections on the existing state of things, - - - - 141 Important «nd interesting negociation with the enemy in Canada, 1781 and 1782, 142 Appointment of Agents to repair to the American Congress, to negociate the admission of Vermont into the American union, - ...... June 1781, 156 Resolutions of Congress appointing a committee to confer with the agents of Vermont, ... August 7th, 1781, 157 Conference between the Committee of Congress and the Agents of Vermont, ........ 155 Resolution of Congress, prescribing as a preliminary to the re cognition of the independence of Vermont, the relinquishment of her claims of jurisdiction over New-Hampshire and part of New- York, .... August 20th, 1781. 159 Proceedings of the Legislature of Vermont, refusing to relinquish - her extended claims of jurisdiction, - - Oct. 1781, I60 Proceedin||^f the Legislature of New- York, protestuig against the foregoing resolutions of Congress of the 7th and 20th of August, - Nov. 1781, 163 Correspondence between the Governor of Vermont and General Washington, relative to the situation of Vermimt, Dec. 1781 and 7 January 1782, 167 VUl INDEX. Proceedings of the Legislature of Vermont, complying with the condition prescribed oy Congress for her admission into the union, - - .... . February, 1782, l68 Instructions to the Agents of Vermont, at Congress, Feb. 1782, l69 Proceedings of Congress, resulting in an indefinite postpone ment of the question arising from the application of Vermont for admission into the union, ... April, 1782, 170 Communication from the Agents of Vermont to the President of Congress, 172 Act of the Legislature of N. Y., " for pardoning certain offences committed in the northeastern part of the State," April 1782, 173 Act of the Legislature of N. Y. , " for quieting the minds of the inhabitants in the northeastern part of the State," Ap. 1782, 173 Violent proceedings in the southeastern part of Vermont, and im portant resolutions of Congress, thereupon, - 1782, 176 Spirited remonstrance of the Governor and-Council of Vermont against said resolutions, addressed to the President of Con gress, .... . January, 1783, 178 Remonstrance of the General Assembly of Vermont, on the same subject, - - - - . February, 1783, 185 Extract from Williams' history, embracing the period from the commencement of the year 1783 to the year 1791, when Ver- iiijont was admitted into the union, - - - - - 187 Act of the Legislature of Vermont, appointing commissioners to negociate with commissioners of the State of New- York for * the purpose of settUng the line of jurisdiction between the two States, Oct. 1789, 192 Act of the Legislature of Vermont, directing the pajTnent of $30,000 to the State of New- York, and declaring the boun dary line between the two States, &c. - - Oct. 1790, 193 Act of the Convention of Vermont, approving and ratifying the Constitution of the United States, including the names of the members of that Convention, - January 10th, 1791, 194 Act of Congress, admitting the State of Vermont into the nnion, ... - February 18th, 1791. 195 ERRATA. Page 167, 2d line from bottom, for exhibits, read exhibit. 488, bottom line, for attentive, read authentic. INDEX TO THE LAWS. Page. ABATEMENT and amendment of writs,' judgments &c., act concerning ......... 289 Adultery, acts for the punishment of ... 290 — 473 Attornies, act for appointing and regulating .... 330 Arson, how punished - - - ... . 355 Actions, civil, act directing and regulating .... 333 Authority not derived from Vermont, act prohibiting the exercise of 389 Attendance of members of Assembly, act to compel - - 446 Auditors and actions of account, act relating to ... 45g Acknowledgment of deeds, act providing for compelling - 453 Actions civil, act in addition to an act regulating ... 435 BOATS and canoes, taking without leave, prohibited - - 292 Briefs soliciting charitable contributions, circulation of prohibited 3i6 Blsisphemy, how punished ---.... ggg Barratry and common barrators, act against ... 35^ Bastards and bastardy, act concerning - - - - . 354 Brands, town, fixed, and branding horses regulated - . 355 Burglary, how punished ........ ggg Breaking the peace, act {igainst ...... g^g Bills of credit, act providing Ibr emitting .... 424 Betterment act, 1781 -.-.... 442 Betterment act, 1785 ........ 5qq Betterments, act authorising D. Marsh to file declaration for, in a certain case - - - - - -- . 499 COMMON LAWof England adopted ... 287—450 Constitution declared to be law ..... 287 449 County lines established .--..- . 294 County surveyors, a ppointment and duty directed and regulated <- 324 Constables directed in their office and duty - - . . 332 Coiinterfeiting bills of public credit, and emitting notes on private credit, |p)hibited ........ 533 Conveyances, acts relative to authenticating - - 334^ 458 Costs in criminal prosecutions, in certain cases, by whom paid 356 423 Conveyances, fraudulent, prohibited - - - - ^, 373 Currency regulated ' - - - - . ' . 398^503 Currency, scales of depreciation of, in other States, adopted for the settlement of debts contracted in those States - - - 488 X INDEX TO THE LAWS. .Confiscated estates, act appointing and empowering commissioners to sell 406 Confiscated estates, act to provide for libelling - - 420 Counties of Windsor and Orange, bounds of extended east of Con necticut river .......--* 427 Court, Superior, established ..-..- 298 act directing and regulating choice of - - 391 — — — constituted a Court of equity ... 394 Courts, County, directed in their office and duty ... 428 Courts in Counties of Washington and Orange empowered to take cognizance of cases in Cheshire and Grafton Counties in New- Hampshire .-.....-- 427 Courts, several, act defining and limiting the powers of - - 450 Continentalbillsof credit, scale of depreciation of ... 429 Conspiracies against the State, act for punishment of - - 454 Collector of Manchester discharged from part of tax, on account of taking counterfeit bills which he could not swear back - - 462 Contracts, act to compel the fulfilment of, according to intent of parties ...-.---.. 50S Coining copper, right of granted to Reuben Harmon - - 509 DRUNKENNESS, act for punishing 331 Deer, act for preservation of - - - - - . 346 Delinquents, acts concerning ..... 355 433 Dowry of widows, act concerning - - . - . ggo Divorce, act regulating ----... 364 Depositions (afladavits) act regulating the taking ... 379 Defamation, act for punishment of -' - . . . 382 Disaffected persons, act for removing from the frontiers of the State 414 Depreciationof continentalbillsof credit, scale of ... 429 Depreciation of do. act to make up to Col. Warner's reet. &c. 437 Deed to Zacheus Malleroy, act empowering J. Strong to execute 436 Deed of certain premises vacated - • . . . . 440 Desertion, act for detecting and discouraging - - . . 437 Dartmouth College, act granting 2300 acres of land to trustees of 497 ELECTION of Governor, Council, &c. regulated - - _ 325 Elections, County, regulated . . .,_ . , ^2i Election of members of Assembly, resolution relating to . . 434 Estates, testate and intestate, act for settlement of - . . 330 Executions, act regulating the levying and serving - . 352 act in addition to an act directing the levying, &c. 455 Execution, acts to stay in certain cases ... -1*^45 430 Executions, in certain cases, act to regulate the satisfying - . 495 Embargo laid on raw hides - -----382 on provisions ---... 395 432 Equity powers of Gov., Council and Gen. Assembly, terminated 50s FEES, acts regulatjne .... 3l6-3Q0-.«!Qi^.^QR_4fi9_j^'7r_>;f)g index to the laws. x,i Fees, fines and penalties, payment and disposal of regulated 319 Fines, acts enhancing ...... 390 — 391 Fines and premiums in the several laws, regulated and stated . .402 Ferries and ferriages regulated 329 Forgery, how punished 373 Fraudulent conveyances prohibited . . ¦ . . • 373 Fence, act directing what shall be deemed lawful Fences, division, act regulating .... Fornication, act against .... 405 412473 GAOLS and goalers, acts regulating .... 320 — 458 Gaol breaking, how pimished ...... 300 Guardians, act relating to the appointment of . . . 321 Gaming, act to prohibit : 361 Grand Jurors, choice of, and duty 368 HIGHWAYS, act for laying and altering . . . .328 act for making and repairing . . . 329 act to prevent encroachments on . . . 366 ; — act 10 settle and establish .... 422 Heiresses, act to prevent the sale of the real estates of . . 368 Heirshipof the estate of Col. Wm. Syms, act directing . . 445 INCEST, acts for the punishment of ... . 291 — 484 Impeding authority, how punished .... . 300 Idiots, and impotent, distracted and idle persons, act for relieving and ordering ......... 302 Impresses for public service, act regulating . , . 321 Inimical gonduct, act for the punishment of ... . 413 Insolvency, act of, in favor of T. Chandler .... 497 JUSTICES ofthepeace, act directing in their office and duty 288 two or three empowered to try causes of iilOO 390 Justice Courts, act defining jurisdiction of, and regulating proceed ings in 506 Jurors, grand and pettit, act regulating .... 351 Jurors, pettit, choice of regulated 357 Judgments, act directing in what money they shall be given . 405 Judgments, acts nullifying in certain cases . . . 499 — 500 LASCIVIOUS CARRIAGE, &c. act for punishment of . 290 Listers, act directing in their office and duty 295 Lands, common and undivided, act to prevent encroachments on 366 Lands, unappropriated, act to prevent unlawful settlement on . 395 Landed property, acts for quieting disputes respecting . 424 — 500 Land, act confirming a right of, to R. Bloomer . . , 455 Land titles (see titles of lands) Limitation of criminal prosecutions in certain cases . . , . 369 Ljingjactforpunishraentof 369 XU INDEX TO THE LAWS. S74 Lotteries, act for preventing and suppressing . • • 'Joe Laws of February session, 1779, declared temporary •' • ^^^, .. ' . . . , ? *^ 391-397- 421-439-444 Laws, acts reviving and continuing in lorce > 457_49f-504-.''lO Legislature constituted a Court of equity in certain cases . • 39 Law-suits, act for preventing multiplicity of . • • • Laws, act directing the form of passing . • • • ¦ MARRIAGES, acts regulating ^^^~~tot Militia, act forming and regulating . • • • ' ^ i k articles, rules and regulations for the discipline of . 415 act, making draft of, for campaign of 1782 . • • 440 Military officers, field and staff, act regulating choi(;e of . . 397 Mills and millers, act regulating ^^^ Mayhem, how punished . . . . • • 355 Marking cattle, swine and sheep, act directing .... 366 Manslaughter, act for the punishment of .... 374 Murder, act for punishment of 375 Ministers of the Gospel, act enabling towns to tax themselves for support of ......... 4^2 Medical society, act incorporating 493 NUISANCES in highways, act to prevent . . . 359 Night walking, &c. act to prevent and punish .... S59 Notes, negociable, act to enable assignees of to maintain action thereon 411 Notes, State, act directing Treasurer to issue . . . . 468 New trials granted . ... 435-444-460-471 New-York, act restraining the privileges of the inhabitants of, ip Vt. 475 New-York, act appointing commissioners to seize and sell lands of citizens of, by way of reprisal 491 New- York, (see union) Negroes and mulattos, transportation of from State, prohibited . 505 OFFSETTS, allowed and regulated . . . 423—457 Order assessing damages on account of laying a certain road, set aside and declared void . . . . . . .488 POLYGAMY, acts for punishment of ... . 290 — 473 Probate of wills and settlement of estates, act relating to . .339 Perjury, acts for punishment of . . . . . 355 — 377 Pleas and pleadings regulated ¦•.... 378 Poor, act for maintaining and supporting . - . . . 378 Proclamation of Governor, requiring obedience to the laws . . 388 Provision tax for supply of troops, acts assessing, &c. . . 407 — 440 act exempting a certain town from payment of . . 438 Pardon, acts granting .... 467-470-490^494-495 Post offices, act establishing 489 INDEX TO THE LAWS. xiir QUAKERS' affirmation, act admitting gig , Quieting acts 424— ^5f)0 RAPE, act for punishment of 291 Riots and rioters, act for preventing and punishidg . . 346 Rebellion, how punished .... . . JJ54 Return to the State of certain persons having joined the enemies thereof, act to prevent and punish ... . . 355 Replevin, act concerning 362 Robbery, how punished ...... . 366 Redemption of certain lands sold at vendue, prolonged . 470 Record of a certain deed vacated 504 Recovery of debts due the citizens of other States, prohibited in cer tain cases, ......... 505 SABBATH, act to enforce the observance of . . . . 313 Securities to the State, to whom to be taken . . . 316 Swine, act to restrain from going at large .... 323 Swearing and cursing, act against ..... 331 Sheriffs, act for appointing, and regulating in execution of their office 348 Sheep, act for ordering and preserving ..... 334 Sodomy, how punished ....... 354 Stocks and sign posts, act providing for .... . 359 Stallions, act to restrain the running at large . . . 381 Suspension of all civil process, acts relating to . . . 388-390-397 Suspension of process against I. Tichenor and J. Farnsworth 43 8-494 Streams of water, act to prevent turning from their natural courses 435 Sale of real estate of persons deceased, acts authorising for certain purposes. 439-460 Secretary of State, act pointing out office and duty of . . 444 Settlement of New lands, act relating to ... 475-505 Sureties aud scire facias, act concerning ..... 48S TOWNS aud other communities authorised to sue and defend 293 Treason, acts relating to 293-413-483 Taxes, act authorising and regulating the collection of . . 312 towns empowered to assess, for certain purposes . 396 on lands, towns authorised to levy, for building houses of worship, school houses and bridges ..... 440 Tax for purpose of making and repairing roads, &c. select-men empowered to levy 509 Transient persons, act for the orderipg and disposing of . . 315 Town and society meetings, act for preserving order therein . 323 Theft, act for punishing . 334 Town clerks directed in their office and duty .... 327 Trespasses, act for punishing in divers cases . . . 338 Town officers, choice of regulated 357 Trials and appeals, act regulating 387 Taverns, act for licensing and regulating ..... 370 !Sif ' INDEX TO THE LAWS. Titles of lands, acts suspending trials of . . 388-405-488-494 — — act appointing commissioners for regulating . 392 ———— act for ascertaining, in certain cases, . . 411 act empowering Courts to try, in a certain case . 426 - act repealing laws prohibiting trial' of . . 443 Title of certain land confirmed to John Ashley . . . 476 Trial of persons standing mute, regulated . . . . 395 Trover and conversion, act for better regulating process in actions of 4' '5 Tender of real estate on execution, act authorising . . . 406 Tender of specifick articles on executions, acts authorising > (in4_')08 Tender of paper currency, act for taking off ... . 446 Troops, acts to supply with provisions . . 407-429-440 Trade to and through the province of Quebeck, act for the purpose of opening ....... 496 UNION of part of New-York with Vermont, acts connected with ...... 430-431-434 Usury, excessive, act to restrain the taking of . . . . 459 WOLVES and panthers, act to encourage the destruction of 322 Worship, publick, acts empowering towns to levy taxes for build ing houses for 440-472 Will and testament of Rufus Rude, confirmed . . . . 469 Windham County, act for raising militia to enforce the laws in . 476 AN ACT for collecting and perpetuating tbe records, relative to tbe assumption and ej- tablishmeut of government, in this Slate, and such acts of the Legislature, as are not in print. Section I /( is hereby eruzcteii by the General Assembly of the State of Vermont. That Daniel Chipman, of Middlebury, in the county of Addison, be, and h( her>fby is appointl ed an agent, to examine and collect all the records of the Council of safely, by wliich the people, in the then New Hampshire grants, were governed and to make a contract for printing and publishing a volume, containing not less than 450 pages ; and to couiam the first Constitution of this State, and such of the acts of the Legislature, passed pieviou= to the year, 1787, as said agent shall judge proper, and all the records of said Touncil of safety, which can be found, and such of the early journals of the Council, and House o*" Representatives, as such agent shall iudge«worthy cf publication Proiiided, that the whole expense to be incurred under this act, shall not exceed the sum of three hundred dollars: — And 'provided a2so, that said agent shall deliver to the Seen tary of State at Montpelier, fifty full bound volumes of such records and laws, at the next session ol the Legislature. And the person, with whom said agent may r.rntract to print such edition. shall be entitled to the remaining part of the same, after deducting said fifty volumes • and Rhall be entitled to the copy right of the book, by him printed ' Sec. 2. It is hereby further enacted, that the Treasurer of tbis State, be, and he here by is directed to pay to said agent, out of any monies in the Treasury not otherwise ap propriated, any sum, not exceeding three hundred dollars.— [Passtd Nov. 15, 1821 .] INTRODUCTION. The general diffusion of intelligence constitutes the life of a free gov- «rnment. Upon every department of such a government the people exert X an unremitted influence, and stamp on all its measures the impress of their own character. Called upon to act, they shoiild become accustomed to think ; and though they cannot, ordinarily, possess extended and com. prehensive views of other systems of government, they should, at least, understand their own. The whole science of government consists in a knowledge of \he practical operation of principles. With the science, thus understood, the citizens of every free government owe it to themselves and their posterity to become familiarly acquainted. The preservation of their political institutions depends, under Divine Providence, on them selves. Those institutions therefore, — their origin, their nature, their practical operation, and their whole history, should be studied and un derstood. The man who contemplates the subject in this light, will sit down to the examination of the successive constitutions and laws of a gov ernment, with a far higher aim than the gratification of an idle curiosity. By tracing them to their origin, and pursuing them through their various modifications, he will furnish himself with the best means of understanding the nature and practical tendency of existing institutions. Every govern ment, therefore, should possess, and should place within the reach of the people, a complete history of its own legislation. Without the possession of such a history, and a practical regard to the lessons it inculcates, legis lation will be, at best, but a succession of experiments, and, as a necessary consequence, every operation of government will be characterised with in stability and want of wisdom. The early institutions of a government are peculiarly liable to be lost sight of, in the progress of improvement. Superceded by new systems, they are supposed to have lost their value, and are permitted to pass into oblivion. This has been, in a peculiar sense, true of the original consti tution and laws of Vermont. The circumstances under which the gov ernment was formed, were eminently calculated to give to its institutions an imperfect, unsettled character. At the expiration of seven years, tbe constitution was revised and altered ; and at the end of the next septenary, was again revised, and adopted in the form which it still retains. In the -XVI INTRODUCTION. year 1787, the whole system of laws was revised, and formed into a new code, and the statutes passed previous to that timc-a few only excepted- were repealed. Thirty five years only, have elapsed, since that revision, and not a single entire copy of the laws passed previous to that time, is to be found. Even the office of the Secretary of State has not preserved the laws passed during the first year after the organization of the govern ment. Whether we regard the ancient constitution' and statutes of the State as among the best sources of its early history, or consider them as the parent stock, from which the existing constitution and laws have sprung,- In either view, they assume an importance of no ordinary character. It is matter of astonishment that this importeuice should have been so long unheeded by the statesmen of Vermont, and that legislative provision for this object, should have been defered to so late a period. Influenced by the considerations which have been suggested, the Le gislature, at their session in October, 1821, made provision " for collect ing and perpetuating the records relative to the assumption and establish ment of government in this State, and such acts of the Legislature as were not in print."* By the act making provision for this object it will be seen that the Ho norable Daniel Chipman was appointed an agent for the purposes there in contemplated. He accordingly commenced the collection of materials for the proposed compilation ; but in consequence of the interference of other duties, committed its further prosecution, to the present publisher, who has thus, unexpectedly, taken upon himself the labor and responsibil ity of compiling the work. It will be seen by a reference to the act, in pursuance of which this pub lication was undertaken, that little more was originally contemplated, than to collect such records as should perpetuate a history of the Legisla tion of the State, down to the year 1787. In prosecuting the collection, however, and particularly, in the effort to recover that portion of the jour nal of the Council of safety which was unrecorded in any publick office, a great number of valuable historical papers were discovered, connected with a period, anterior to the formation of a regular government, and com mencing previous to the existence of any kind of political organization in the State. On examining these papers, it was found that they were sus ceptible of an arrangement which would exhibit a connected view of the principal events which form the early history of Vermont. They commence with the controversy between the Governors of New. York and New- Hampshire, relative to the jurisdiction of the territory * See the act above alluded to, page xiv. < INTRODUCTION. XVU which now constitutes the State of Vermont. This controversy was con tinued from the year 1749, to the year 1764 ; when, by an order of the King in Council, the question was decided in favor of New- York, and the claim of that province, to jurisdiction, as far east as Connecticut river, was confirmed. To this order the government of New- York gave a con- i struction which involved the question of title, under the grants previously i made by the government of New-Hampshire. It was contended that his Majesty's order had a retrospective operation, and that the New-Hamp. shire grants were thereby rendered void. Upon this ground, the settlers were called on to surrender their charters, and re.purchase their lands, under grants from the governor of New- York. This demand they re sisted, and with this resistance commenced a controversy vt^ich was con ducted with singular violence, and continued, with little interruption, during a period of twenty six years. Connected with this controversy was that which arose in the year 1778, between the States of Vermont and New-Hampshire ; and witHTioth these, were closely interwoven the interesting events resulting from the ap plication of Vermont for admission into the union. All the papers, there fore, wliich the compiler could collect, throwing any light on either of these branches of the history of Vermont, have been preserved in this vol ume. The papers, thus collected, have been arranged in chronological order, and connected with each other by the occasional introduction of such facts, derived from other sources, and such reflections, suggested by the current of events, as might tend to render the whole an intelligible, unbroken history of the State, from the very dawn of itis existence to the time when it was admitted as a member of the American confederacy. Taken in their connexion with each other, these documents exhibit, per haps, a more just and complete view of events, in their original charac ter, and in all their relations, than can be derived from any other source.* There is a view however, in which many of them possess a much higher * The materials from which this part of the collection has been formed, have been de rived, principally, from the following sources, viz : — " A vindication of the opposition of the inhabitants of Vermont to the government of New York, and of their right to form into an independent State"-written by Ethan Allen, and published under the sanction of the Governor and Council, in the year 1779-in which are found many of the most interesting documents relating to the controversy with New- York. A work of a similar character, published by the same author in the year 1774— [The former of these has been found in the possession of tbe Hon Stephen R. Bradley, and the latter in the possession of the Hon. David Fay ] A aeries of historical papers preserved in the Rural Magazine, published by Dr. Williams, in the year 1795. Williams' and Allen's histories of Vermont. Journals of t he Legislatuce of Vermont, and of the Congress of the United Slates ; — and sundry papers found in the office of the Secretary of State. 3 XVlH INTRODUCTION. interest than when regarded as a mere record o( events. They introduce us to an intimate acquaintance with the fathers of Vermont, and exhibit them in all the interesting peculiarhies of their character. The first settlers of the State consisted of a plain, industrious, hardy race of men, T\'ho emigrated to " the grants," not with the view of establishing an independent government, but to cultivate the soil, and procure a com petency for themselves and their children. Whether they were to be un der the government of New-Hampshire or New-York, was, to them, a matter of indifference, provided they were permitted to enjoy, ulmioles- ted, the hard earned fruits of their industry. With these views they in vested their estates-in lands, and proceeded in the cuhivation and improve ment of them, with a confident reliance on the security of titles derived from the crown. In this state of things, they were suddenly met by the claims of New-York, to their whole territory. Grants of their lands were made to citizens of that State-actions of ejectment were commenced- judgments obtained-writs of seizin issued, and the posse commitatus raised, to drive them from their possessions. To them, submission was ruin. Resistance, therefore,-determined resistance, was the only alternative. it is easy to perceive that the controversy, thus commenced, was of a character, calculated to rouse to their highest effort, the moral and intel lectual energies of our nature; and it is in this view, that many of the documents connected with it, assume an importance which they could not otherwise possess. In perusing them, we catch the living expression of the times. The actors in those eventful scenes which dis tinguish that period of our history, rise in fidl view before us, and we seem to converse, and become familiarly acquainted, with the Aliens and Warners and Chittendens of ancient days. In the view here taken, no thing can supply the want of these original papers. Like the human countenance, in all its peculiarities of expression, they mock the highest eflort at imitation or description. ^ The papers which form the first part of this collection have been se lected, principally, with a reference to the relations of Vermont with other powers, and therefore exhibit but an incidental view of the internal or- gaflization of the State. To the latter object the reipaining part of the collection is devoted ; and commences with the journal of the Council of safety. The history of the government of Vermont, previous to the adoption of the Constitution is involved in much obscurity. We frequently hegr of Committees, and Councils, of safety, and curiosity prompts to an enquiry into their origin and the nature and scope of the powers with which they were invested. It should be remembered, however, that the very nature of the subject forbids the hope of arriving at any definite conclusions. The truth is, there was no regular government in the State, Every thing INTRODUCTION. XIX was unsettled ; no social compact existed, nor any bond of union, save that which resulted from common wants and common dangers ; and every thing-that bore the semblance of organization, was the premature off spring of urgent necessity. But one sentiment prevailed in relation to the claims of New- York. On the full exhibition of their extent, every man's arm was instantly nerved for resistance. To give effect to this re-i sistance, town meetings were held-committees of safety were appointed- and general conventions of these committees were called, on important occasions.* Originating in the necessity of resistance to the claims of New- York, the proceedings of these conventions appear to have been confined to that object. Remonstrating with the Governor of that Pro vince-addressing the people-passing decrees, forbidingthe exercise of au thority, and the acceptance of grants, under New- Yorkt and ordering the application of the " beach seal" as a terror to evil doers, appear to have constituted the scope of their power. On the 2d of July, 1777, the Convention that formed the Constitution, appointed a Council of safety, to act until the government should be or ganized ;f and it is the journal of this Council which forms a part of this collection. This is the first Council of safety, of whose appointment or proceedings we have any distinct, satisfactory account. That such a body existed, previous to the time above mentioned, is certain ; yet, with respect to the date of its original institution, the number of which it Was composed, the method of electing its members, and the extent of the powers it exercised, we are left wholly to conjecture. The journal of the Co'unci! of safety, which we have preserved, exhi bits an .interesting and curious example of the combination of legislative J judicial and executive power, in a single body of men. The government'- was, in, principle, nothing short of absolute despotism ; and it evinces no ordinary devc>tedness to the common cause, that a people, as tenacious of their rights as were the people of Vermont, should, for a moment, have submitted to the administration of such a government. It is worthy of remark, however, that the exercise of this dangerous power, as the jour nal of that Council plainly evinces, seldom exceeded the limits prescribed by a just regard to the publick safety. The journal of the Councilofsafety closes the long period of misrule in Vermont, and introduces us to a new and important era. Under the Constitution, adopted in the year 1777, a government was organized, and commenced its Operations, on the 13th of March, 1778. A history of its legislation, up to the year 1787, may be found in the journals and laws embraced in this collection. These laws have been selected from the mass of statutes passed within the period embraced in that department * See proceedings of these Conventions, pages 33, 38,, 69» XX INTRODUCTION. of the work. In making this selection, the first object of the compiler has been to retain those statutes, which form the basis of the most important part of our present code. Although these statutes may, by many, be regarded as interesting, only on account of their antiquity, the enlightened civilian will understand and appreciate, their importance, not only as matter of history, but as furnishing, in many cases, an invalu able key to the just construction of existing laws. Many statutes have been retained in this collection, merely as historical papers ; and the value of all the ancient statutes is, in this respect, great- lyenhanced by the preambles with which they are generally introduced. The few acts of a private nature which have been preserved, have been introduced into the collection, for the purpose of showing, more fully, the extent of the powers ;exercised by the Legislature, during the period to ' which they belong. All the acts relating to proprietors meetings, the re gulation and establishment of town lines, and the levying of taxes, have been omitted. These acts, together with a number of others, omitted, are preserved in the appendix to the revised laws of 1797. The compiler could not, consistently with a just regard to the interests of the State, close this work without attempting to rescue from oblivion the important and interesting proceedings of the first Council of Censors. After witnessing the flagrant violations of the Constitution, and, indeed, of all just: principles of legislation, which appear in many acts of the Le. gislature, during the first septenary, it is peculiarly gratifying to be intro duced to a body of men, so distinguished for correct, elevated views, sound wisdom, and dignified firmness, as were the members of that Council. Their address to the freemen is, in many points of view, the most impor tant document to be found in this collection ; and will never cease to be interesting to the people of Vermont, until they cease to be under a gov ernment of laws. It has been thought proper to preserve in this collection, the Constitu tion as revised by the first Council of Censors, and proposed for the con sideration of the people ; and also to present a summary view of the a. mendnaents proposed by the second Council, in the year ,1792,-thus pre serving, in connection with the original Constitution, all the proposed a. mendments of that instrument, previous to its adoption, in the form in which it now exists. The compiler owes it to himself to state, that the iselection, arrangement, and preparation, of the materials wjiich compose this work, have been made under circumstances of great embarrassment, arising from ill health, and the constant pressure of official duties,-an embarrassment which has been/eft, in a degree proportionate to the severe labor, incessant care and high responsibility connected with the execution of such a work. MlDPIiEBURY, Fe RECORDS AND DOCUMENTS, &c; THE first Settlement, within the Territory, now known by the name of Vermont, was made at Fort Dummer, (in the present County of Wind ham,) in the year 1724, under a grant from the Provincial Government of Massachusetts. Previous to this grant, a controversy had existed bee tween the Provinces of Massachusetts and New-Hampshire, relative to their line of Jurisdiction. This controversy continued until the year 1740, whenihfi King in CcnmciLdecided ; « that the northern boundary of the Province of Massachusetts be a similar curve line, pursuing the course of Merrimack river, at three miles distanCT^on the north side thereof, beginning at the Atlantic Ocean, and ending at a point due north of Patucket falls; and a straight line drawn from thence, due west, till it meets with his Majesty's other Governments." This determination established the line which now separates the ju risdiction of Massachusetts and Vermont, and brought within the juris diction of N. Hampshire, the Settlements which had been made at Fort Dummer. In the year 1741, Benning Wentworth was commissioned as Governor t)f N. Hampshire. By the Settlement of the boundary between N. Hamp. shire and Massachusetts, as well as by other Acts of the British Govern ment, it was understood that the Jurisdiction of the former Province was festablished as far west as Massachusetts had claimed and exercised ; that is, to a line twenty miles east of Hudson's river. Accordingly, on the 3d of January 1749, the Governor of N. Hampshire, « made a grant of a Township, six miles square, situated twenty miles east of Hudson's river j which, in allusion to liis own name, was called Bennington."* JVumerous applications being made for grants of lands in the vicinity of the Provmce of N. York, Governor Wentworth, with a view of ascer taining and settling the western line of his Jurisdiction, opened the follow ing correspondence with the Governor of that Province. * Williams biatory. 3 10 COITTROVERSY WITH NEW-YORK. Letter from the Governor of New-Hampshire to the Governor of Neie-Yorh Portsmouth, Nov. 17, 1749- SIR, I have it in command from his Majesty, to make grants of the unim proved lands within my government, to such of the inhabitants and others as shall apply for grants for the same, as will oblige themselves to settle and improve, agreeable to his Majesty's instructions. The war hitherto has prevented me from making so great a progress as I hoped for, on my first appointment ; but as there is a prospect of a .|asting peace with the Indians, in which your Excellency has had a great ishare, people are daily applying for grants of land in adl quarters of this government, and particularly some for townships to be laid out in the western part thereof, which will fall in the neighbourhood of your govern ment. I think it my duty to apprise you thereof, and to transmit to your Excellency the description of New-Hampshire, as tbe king has determin ed it in the words of my commission, which, after you have considered, X shaU be glad you will be pleased to give me ^our sentiments in what manner it will affect the grants made by you pr preceding governors ; it . being my intention to avoid, as much as I can, consistent with his Maj^- ty's instructions, interfering with your government. In consequence of his Majesty's determination of the boundaries be tween New-Hampshire and Moeeachuactts, ^ siu-veyor and proper chainmen were appointed to run the western line from three miles north of Patucket Falls; and the surveyor, upon oath, has declared, that it strikes Hudson's River, about eighty poles north of where Mohawk's Ri ver comes into Hudson's River, which I presume is north of the City of JVlhanyl for which reason it will be necessary for me to be informed how far north of Albany the government of NeW-York extends by his Majes ty's commission to your Excellency, and how many miles to the east ward of Hudson's River, to the northward of the Massachusetts line that I may govern myself accordingly. And if, in the execution of the king's commands with respect to the lands, I can oblige any of your Excellen cy's friends, I am always at your service.- — ^I am, with the greatest re spect, Sir, your Excellency's most obedient humble servant, B. WENTWORTH. Minutes of ihe Council of Nem-York. Codncil-Chamber, City op New-York^ April 3d 1750. His Excellency communicated to the board a letter from the Hon Benning Wentworth, Esq. governor of New-Hampshire, dated the 17th November last, acquaiijting his Excellency, that he has it in command from his Majesty, to make grants of the unimproved lands in New-Hamn- shire government, and therefore desiring iiiformation, how far north of Albany this province extends, and how many miles to the eastward of Hudson's River, to the northward of the Massachusetts line, that he mav govern himself accordingly. Also an extract of his Majesty's letter qONTROVERSV WITH NEW-TORK. 11 patent to governor Wentworth, respecting the boimdaries of New-Hamp shire. And his Excellency having required the advice of the board thereupon, the council hmnbly advised his Excellency to acquaiqf: gov ernor Wentworth, in answer to his said.letter, that this province is bound ed eastward by Connecticut River; the letters-patent from King Charle«> II. to the Duke of Ydrk, expressly granting, ' all the lands from the west side of Connecticut River to the east side of Delaware Bay.' N. B. The above resolve was communicated to governor Wentworth, in a letter, dated April 9tb, 1750, by G. Clmton, governor of New- Yorfc Letter from Governor Wentworth. Portsmouth, April 25, 1750. sm, I have the honour of your Excellency's letter of the 9th instant before me, in which you are pleased to give me the opinion of his Majesty's council of your government, that Connecticut River is the eastern boun dary of New- Ywk government, which would have been entirely satis factory to me on the subject of my letter, had not the two charter-govern ments of Connecticut and the Massachusetts-Bay extended their bounds manj^'ffliles to the westward of said river; and it being ' the opinion of his Majesty's council of this government, whose advice I am to take on these occasions, that New-Hampshire had, an equal right to claim the same extent of western boundaries with those cKarter-govemraents, I had, in consequence of their advice, before your letter came to my hands, granted one township due north of the Massachusetts line, of the contents of six miles square, and by measurement twenty-four miles east of the City of Albany ; presuming that this government was bounded by the same north and south line with Connecticut and the Massachusetts-Bay, before it met with his Majesty's other governments. Although I am prohibited by his Majesty's commission to interfere with his other governments, yet it is presumed that I should strictly adhere to the limits prescribed therein ; and I assure you, that I am Very far firom desiring to make the least encroachment, or set on foot any dispute on these points. It will therefore give me great satisfaction, if, at your leisure, you can inform me, by what authority Connecticut and the Massachusetts governments claim ed so far to the westward as they have settled ; and m the mean time I shall desist from making any farther grants on the western frontier of my government, that may have the least probability of interfering with your government. 1 am, with great respect, Sir, your Excellency's most obedient himible servant, B. WENTWORTH. Letter from Governor Clinton, June, 6th, 175Q. SIR, I have received your letter of the 25th April last, in answer to mine ctf the 9tli of the &ame month, respecting the eastern boundary of this pro- 12 CONTROVERSY WITH NEW-YORK. ¦dhce, wherein you desire to be informed by what authority Connecticut and the Massachusetts governments claim so far to the westward as they have settled. As'to Connecticut, their claim is founded upon an agreement with this government, in or about the 3rear 1684, afterwards confirmed by King William, in consequence of which the lines between the two govern ments were run, and the boimdaries marked in the year 1725, as appears by the commissioners and surveyors proceedings, of record here. But it is presumed the Massachusetts government, at first, possessed themselves of those lands by intrusion, and through the negligence of this government have hitherto continued their possession, the lands not being private property. From the information I have, there is reason to apprehend that the lands within the township you have lately granted, or part of them, have been granted here : And as my answer to your letter might probably have furnished you with objections ^against any grant which might inter fere with this province, I am surprised you did not wait till it came to hand, before you proceeded therein. If it is still in your power to recal the grant, your-doing so will be but a piece of justice to this government j otherwise I shall think myself obliged to send a representation of the matter to be laid before bis Majesty. ^I am, &c. Letter from Governor Wentworth, Portsmouth, June 22d. 1750. SIR, As soon as your letter of the 6th inst. came to my hands, I thought it proper to have the sense of his Majesty's council thereon, who were unan imously of the opinion, not to commence a dispute with your Excellen cy's government respecting the extent of the western boundary to New- Hampshire, until his Majesty's pleasure should be further known • ac cordingly the council have advised, that I shall, on the part of New-Hamp shire, make a representation of the matter to his Majesty, relying that your Excellency will do the same on the part of New-York ; and that whatever shall be determined thereon, this government will esteem it their duty to acquiesce in, without any farther dispute, which I am hoping will be satisfactory on that point. When I first wrote you on this subject, I thought I had given sufficient time to receive an answer to my letter, before I had fixed the day for passing the grant referred to in your letter ; and as the persons concerned therein lived at a great distance, it was inconvenient for them to be de layed beyond the appointed time : I was not apprehensive any difficulty could arise by confining myself to the western boundaries of the two charter-governments ; accordingly I passed the patent about ten days be- fore your favour of the 9th of April, 1750, came to hand. There is no possibility of vacatmg the grant, as you desire ; but if it falls by his Majesty's determination in the government of New- York, it will be void of course. I shall be glad the method I have proposed may be agreeable to your province; and if submitting the affair to his Majesty meets with CONTROVERSY WITH SEW-YORK- 13 your approbation, I shall, upon receiving an answer, lose no time in tran smitting what concerns this province to the proper offices ^liim, with the greatest respect, Sir, your Excellency's most obedient humble servant, B. WENTWORTH. Letter from Govemtth. Clinton. New-York, July 25th, 1750. SIR, I have taken the sense of his Majesty's council on your Excellency's Jetter of the 22d ult. respecting the extent of the western boundary of your government, who think it highly expecdent I should lay before his Ma jesty a representation of the matter on the part of this province ; and as you propose to do the like on the part of New-Hampshire^ they are of opinion it will be for the mutual advantage of both governments, if we exchange copies of each others representation on this head. If you ap prove of this, I will send you a copy of mine accordmgly. 1 am, fee- Notwithstanding the interfering claim of the province of New- York, governor Wentworth proceeded to make further grants, west of Connec ticut River ; as will appear by the following list of grants made up to the year 1764, inclusive, viz :* JVa»«fi« of TaumshipB. Date of the Grants^ Bennington, Jan. 3, 1749 Halifax, May 11, 1750 Marlborough, now New-Marlborough, I .^^^"q\1' Jlgi Draper, formerly Wilmington, - ^ April 2^, 1751 Westminster, Nov. 9, 1752 Rockingham, ...... Dec. 28, 1752 Woodford, Mar. 6, 1753 New Stampford, formerly Stampford, - - Mar. 6, 1753 Townsend, June 20, 1753 Hmsdale, . - - . . . Sept. 5, 1753 Brattleborough, .... Dec. 26, 1753 Fulham, - - . . * . Dec, 26, 1753 Putney, Dec. 26, 1753 ^ Feb 22 1754- Hampstead,a?iag Chester, . C tNov/ 3 1761 Guilford, April 2, 1764 'T''-'^-' 54S t: lilt Pownall, - Jan. 8, 1760 Hartford, July 4, 1761 * This list is here gi^ea, as found in the Rural Magazine for 1795, published by Or. "tlTilllsjpji, — .-f Re-granted, 14 CONTROVERSY WITH NEW-YORK* r of Ttiwnships. Date qfthe'Gra/Kte. Norwich, July 4, irei Saltash, July 6, 1761 Reading, My 6, 1761 Windsor, " ' i ... July 6, 1761 KiUington, - - ? - - . . July 7, 176I PoBifret, July 8, 1761 Hertford, July 10, 176I Woodstock, July 10, 1761 Bridgewater, July 10, 1761 Bernard, July 17, 176I Stockbridge, July 21, 176I ArlingtMi, July 28, 1761 Sunderland, ...... July 29, 1761 Manchester, Aug. 11,1761 Sandgate, Aug. 11, 1761 Thetford, .-...- Aug. 12, 1761 Strafford, Aug. 12, 1761 Sharon, -..-.. Aug. 17, 1761 Springfield, - - - - ' . . Aug. 20, I76l Weathersfield, Aug. 20, 1761 Dorset, Aug.-SfO, 1761 ST^'?' Aug. 20, 1761 Shaltsbury, ^ Aug. 20, I76l Glassenburg, Aug. 20, 176I Pawlet, --.._... Aug. 26, 176I g™by» Aug. 27, 1761 Harwicke, -,.... Aug. 28, 176I Tunbridge, Sept. 3, 176l Shrewsbury, Sept. 4, 17SI Clarendon, Sept. 5, 176i 5""^'*' Sept. 7, 1761 *!,«irf«y' ,_ - Sept. 9, 1761 Tinmouth, Sept. 15, 176I Z'f'^^' Sept. 15, 1761 f^^^ Sept. 15, 1761 ^"*«°^' ^ Sept. 16, 1761 ^"•^^fy- Sept. 21 1761 Castleton, Sept. 22, 1761 Nioreham, Oct. 8, 176I Guildhall, ..,-... Oct. 10 1761 ®'^^y?. - Oct. 10 1761 ^^^"'^^''' Oct. 12 1761 f^^*o»^, Oct. 18^1761 Ferdinand, Oct. 13^ 1761 Brunswick, - . . , _ . Qct. 13^ 1761 ^^o^K Oct. 13, 1761 CONTROVERSY WITH NEW-YORK. 15 mmeg qf Tomships. J5ate ^^^ Qyants. f'^f^yy Oct. 13, mi A'jdpyer, - Oct. IS 1761 Addison, Oct. 14 1761 p.™^5 Oct. 14I76J M^^Tf ' ¦ u Oct. 20 1761 Middleborough, Nov. 2, 1761 New-Haven, Nov. 2 1761 Sf'^bury, , Nov. s 1761 Weybridg^ Nov. S 1761 Fane, now New-Fane, .... Nov. S, 1761 WaUingford,^ Nov. 27 1761 Hmdsborough, June 21, 1762 fensbowg, June 24, 1762 Moncktqn, June ^4, 1762 Charlotte, ...... June 24, 1762 X;^°t'A June 26, 1762 ^'n!'»e«<^» June 29' 1762 ^^t June 29, 1762 iSf"^ June 29, 1763 Sote . June 29, 1762 S* . ' Oct 20, 1762 !*7^'"y' May 18 1763 Colchester, jj;^^'^ ^^^ ^ ,^ June 7, 1763 Waterbury, j^^ j ^^^ S^^f °»' June 7 1763 WdUstoi, - . . , . . j^^ 7. NewHrnitington, . . . . June 7, 176$ £"*»"«y» • June 7, 1763 Moreton, ---... June 7, 1763 f^™' June 7, 1763 ^ndio, - . . . . . June », 1763 Middlesex, ....... June 8, I768. ™"°?' June 8, 1763 Westford, June 8, 1763 UnderhiU, ^une 8,., 1763 Mansfield, June 8, 1763 Stow, ...... June 8, 1763 Worster, June 8, 176S Topshann, .... . . June 17, 1763 Lunenburgh, July 5, 1763 Sudbury, - Aug. 6, 176* ^^•"g' Aug. 6, 1763 Orwell, * . ... Aug. 8, l76ff St- Albans, Aug. 17, 1763 ' Obliterated in copy. 16 fiONTBOVEBSY WITH NEW-YORK> Names of TwmUps. Date of ihe Grariti. Swanton, - - - - - - Aug. 17, 1763 Highgate, Aug. 17, 176S Geor^a, .-...-- Aug. 17, 1763 Fairfax, , Aug. 18, 1763 Fairfield, Aug. 18, 1763 Smithfield, Aug. 18, 1763 Hungerford, Aug. 18, 1763 St. George, Aug. 18, 1763 Shelbume, Aug. 18, 1763 Ryegate, Sept. 8, 1763 Barnet, Sept. 1 6, 1763 Peacham, Dec. 31, 1763 Corinth, Feb. 4, 1764 Dunbar, June 15, 1764 Hubberton, June 15, 1764 Pittsford, - June 15, 1764 Panton, Nov. 3, 1764 Lintfield, Aug. 4, 1763 Grants to the following oflScers, agreeable to his Majesty's proclajna> tion of the 7th October, 1763. Capt. Rob. Rogers, - - 3000 Acres. July 4, 1764 Lieut. Jas. Tate, - - 2000 July 4, 1764 Lieut. P. Brown, - - 2000 July 4, 1764 Lieut. Step. Holland, - 2000 July 4, 1764 Lieut. And. PhiUps, - - 2000 Aug. 11, 1764 Capt. Nath. Whiting, - 3000 To arrest the proceedings of New-Hampshire, Mr. Golden, Lieutenant Governor of New- York, on the 28th of December, 1763, issued a Pro clamation, " commanding the Sheriff of the Coimty of Albany to make aretamofthe names of all persons who had taken possession of lands under New-Hampshire grants, and claiming jurisdiction as far east as Connecticut River," * by virtue of a grant to the Duke of York, of which the foUowing is an extract. « CHARLES the Second, by the Grace of God, King of England, Scot land, France and Ireland, Defender of- the Faith, &c. To aH to whom, these presents shall come, Greeting : Know ye,, that we, for divers goodi' causes and considerations, have, of our especial grace, certain knowledge and mere motion, given and granted, and by Inese presents, for us, our heirs and successors, do give and grant unto our dearest brother, James, Duke of York, his heirs and assigns, all that part of the main land of New-England, beginning at a certain place, called or known by the name of St. Croix, next ajdjoming to New-ScotlaTid, ia America ; and from thence extending along the sea coast, unto a cert^iin place called * Williams' history. CONTROVERSY WITH NEW-YORK. 17 Petuaguineor Pemaqind, and so up the river thereof to the furtherest head of the same, as it tendeth northwards ; and extendiug fr°fflt the riverofKmebeque, andso upwards, by- the shortest course of the river Canada, northwards : And all that island or islands, commonly caied by the several name or names of Matowacks or Long-Island, situate,' and being fowards the west of Cape Cod, and the Narrow Bigfigansettg abuttii^' upon the main land, between the two rivers there, called or knowifby the several names of Connecticut and Hudson's JRwer, together ako with the said river called Hudson's, and all the lands from the west side of. Cownec|ajesty taking the said report [a report of the board of trade] into consideration, was pleased, with the advice of his privatejtouricil, to approve thereof, and doth hereby strictly charge, require andcommand, that the Governor or Commander fai Chief of his Majesty's Province of New-York, for the tune bemg, do not, upon pain of his Majesty's highest displeasure, presume to make any grant whatsoever, of any part of the lands described in the said report, until his Majesty's further pleasure shall be known, concerning the same. A True Copy, WILLIAM SHARPE, Attest, GEO. BANYAR, Dep. Se'cet,;^ Notwithstanding this explicit prohibition, the Governor of New-York continued to make grants; and writs of ejectment continued to be issued, returnable to the Supreme Court at Albany. . On trial of these actions, it was decided that duly authenticated copies of the royal orders to the Governor of New-Hampshire, and of the grants made in pursuance of those orders, should not be read in evidence.* Thus, compelled to abandon a legal defence, the settlers were driven to the last resort. A convention of the people assembled at Beqjiingtini, shid ;^* Resolved, to support their rights "and property under the New-Hamp shire grants, agmnst the usurpation and unjust claims of the Governor \ and Council |Of.New-York, by force, as law and justice were denied I them."|| A spirited and determined resistance to the civil officers from New- York, followed the adoption of this resolution. Several of the in habitants were indicted as rioters.^ ^The officers sent to apprehend them, " were seized by the people, and severely cheistised with twigs of the Vtildemess." "^ A military association was formed, of which Ethan Allen was appointed" Colonel Commandant, and Seth W!amer, Remember Baker, Robert Cockran, Gideon Warner and some others were appointed Captains. Committees of safety were, likewise, appointed in several towns west of the Green Mountains."]] On the other hand, the Sheriff of Albany County was directed to raise the posse commitatus to assist in the execution of his offiii;e ; and a "Pro clamation was issued by tlie Governor of New- York, offering a reward of one hundred and fifty pounds fat the apprehension of Ethan Allqn,' and fifty pounds each for Warner and five others. Alien and the other proscribed persons, in their turn, issued a Proqlamation, offering five pounds for the apprehending, and delivering to any officer of the green mountain boys, the Attorney General of the Colony of New- York."]] * Allan's history.— 8 Allen's hiatory, 22 CONTROVERSY WITH NEW-YORK, '¦¦'tl In this State of the controversy, the Governor of Nefw- York made the following communication to the Rev. Win. Dewey and others. . ¦¦' ¦-,'!,;, i ',¦¦} New-York, May 19th, 1772. ON HIS MAJESTY'S, SEByjCE, To the Rev. Mr. DBwEif, cind tieiflhfg^tcaits of Bpnnington, and the a^acenf country, on fh^easi side of Hudson's River. Gentlemen, t V . The many violent and illegal acts you" have lately committed against' the peace and good order of this Province, of which I have had frequent proofs and informations, at the same time that they are not only a reproach to yourselves, but dangerous and injurious to your families and interests, cannot fail of being highly offensive to your Sovereign. You may de pend, a perseverance in your disobedience to, and violations of, the Laws of your country, must soon draw forth against you the exertions of the Powers of Government. However, being sincerely desirous on my part, to avoid compulsive measures, while lenient methods may prove success ful 5 I esteem it my duty to invite you to lay before this government the causes of your illegal proceedings; and it is with the concurrence and advice oflas Majesty's Council, that I send you this invitation, who, witb me, are'^i^iSShed to examine into the grounds of your behaviour and dis content, with deliberation and candor, and as far as in us lies, to give such relief aiS the nature of your situation and circumstances will justify. That there may be no obstruction to your laying before me in council, as soon as possible, a fair representation of your conduct, I do herdjy en gage full securifer and protection to any persons whom you shjill choose to send on this mtsinem to New-York, from the time they leave their homes to the timeiof their return, eicee^ Robert Cockran, as also AUen, Baker and Sevil, mentioned in my Proclamation of the 9th of December last, and Seth Imrner, whose audacious behaviour to a Civil Magistrate, has subjected hin^Jto the penaMes of the laws of his countnr. ipam told Mr. William DeU^, aMipister of the Gospel, James Breal&nridge, and Mr. Fay, are persons m whose judgment yoii have much,confidence • I should, thereforfe, think they would be your proper messengers on a bifeiness, in which you are so deeply concerned ; especially Mr. Dewey who has been favourably repiresented here since my appointment to this Government. His Majesty's Secretaiy of State has signified to me, that the King has finally fixed Connecticut River to be the established j^is- djction between the Government of New-York and New Hampshire. This circiunstance I menticm that you may not be naiskd or deceived by J-pwsuasion, that that part of the country you inhabit* will ever be amfexed to the Government qf New-Hampshire. I hav^ this farther mo tive for mentioning the King's finaldeci^joii, thsit, by ygilir receiving this authority, .of yow beuiginthe government of New1roi^k,Iam hopefiil your future conduct will justify me, in assm-irig hb Majesty of your duti ful obedience to his royal determination. I flatter myself you will che^ fully improve this final offer of reconciling yourselves to this Govern ment. I am your friend, W. TRYON. CONTROVERSY WITH NEW-YORK. 23 To tfieforegeing letter the fallowing answer was ffitunwd, .,tt , Bennington, Junb 5th, 1772. TO HIS EXCELLENCY, WILLIAM TRYON, Esquire, &c. May it please yoiJr Excellency, We, his Majesty's liege and loyal subjects of the Provmce Of iVew York, having received your particular favour of the 19th day of May last, requesting the inhabitants of Bennington, and the adjacent country on the east side of Hudson's River, to lay before 3rour ¦ Excellency and Council, the cause of our discontent and behaviour, do now express our satisfactkin in having this very opportunity to acquaint your Excellency, . " First, That we hold the fee and property of the lands we are settled on, and in possession of, by virtue of grants from their Majesties George the Second and Third^ &c. whichlandfijMtitl4 for human nature, under English Constitution, to grope under, for those unparrallelled instances struck, an infinitely more terrible idea, than that c^ the exertion of the Powers of Government. . Laws and society compacts were mafle to protect and secure the subjects, in their peateable possessions and properties, suid not to subvert them. No person or community of persons can be supposed to be under any particular compact or Law, except it pre-supposeth, that that Law will protect such person or community, of persons in his or their properties ; for otherways, the subject would, by Law, be bound to be accessary to his own ruin and destruction, which is inconsistant with the La\^ of self preservation; but.this Law being natural as well as eternal, can never be abrogated by the Law of men. We would acquaint your Excellency, that since our misfortune of being annexed to the Province of iVewrForA:, Law. has been rather used as a tool (than a rule of equity) to cheat us out of the country, we have made vastly valuable by labour and expence of our fortunes. — We con-, elude, ; these things are yet unknown, or in a great measure so, to yout Excellency, as your Excellency's commencement to the administration, hath not been long, and a.set of artful, wicked men, concealing the truth from your Excellency, purposing to make a booty of us, characterizing us, (speaking of our inhabitants , in general) as so many rioters, if not rebels ; and we being a poor people, at a great distance from your Ex- ealency's place of iiggidence, fatigued in settling a wilderness country, hWe little or no opportunity of acquainting youj Excellency of our grie- 26 CONTROVERSY WItH NEW-YOfeli. •»9hces, except by one short fietitian delivered to your Excelfehcy, soob after your firat t^dng the administratToh — ^and as our cause is i«iMresentett before his BJajesty and CouncH, we did nottJxpeet your Excellency to detern^ine the controversy, nor 'do we yet expect it. WeareaensiWe, those men that seek our ruin, tfiereby, to enrich themselves, €oj by straj- tagelhs of eyery kind, represent us to yoUjr Excellency as-brieafcers of the ¦p^ce-, and ebemies -tothe government ; and utadpr this pretence, they niope to catch a nuinber of the boldest of Our iiihabitaiits, and pUnisk fiieiin ih'the New-York Inquisition, with that sevaify that the residue Ittay^e frightened out of both liberty and property 5 for Otherways, ihey Would sdoihbe indi be a malicious and'^loody enemy, not only to Mr. Safer, but also to all those men, on ourgi^ants, who, irianfully, adhere to maintaining liberty and property ; and inasmuch as the murderous villajri is alive, he has no cause of complaint— for, after his iissault upbti Mr. Raker, He made an other assauk uponMr.Seift Warner; but, not having so strong a p«ty of ruffians with him, as in bis other expedition, it was pot attended wrtb the like consequences, for Mr. Witmer struck his bead with a dull cur CONTROVERSY WITH NEW-YORK. 37 lass, and levelled him, to the ground; but the blow proved, not mortal; aSid after this, for hiss^tisfectioa for the wound, threatened the Uves of a number (^the New-Hampshire setders. — Your Excellency will, undoub tedly, consider,, as our opponents have had the manufactory of the civij laws, so much under their power, that tins merciless man could ^ot ha ]xat^^ to Justice, nor coold others, among us, be safe, any other way^ bo^by usii^. him in his own play j he set the example, an4 enraged th^ people to mimlck Mm from thi^t natural principle of justice, in every man's ovim brea^. Astotfans perfidious and treacherous £!^« fir>2fc>^My, he ahi^« pre tended to be a friend of the said Baker's, and Baker had ever been trtdy a friend of his-^tbis hypocrite, two days before Baker was taken, imade % frivolous excuse of business, went to said JBa/fcer's house, viewed the strength of it, perceived Baker was, scnnewhs^t, careless and secure, and made report to the said Munro. In fine, WiUoghby was the planner and instigator of that savage cruelty, exercised to said fiaJier,' which was per petrated and brought into action by the detestible said M'unra. But to desist : as to the history of our late transaGtion^, whether they be all r^ht qr not, we, on our part, have a few arguments and consideratioiiis more tohkiy before y«ur Excellency, as to the cause of our discontent, as well as to the cause of our late actions your Excelteney denominifi^tes iflegal. ,, The alteration of jwisdiction, in 17'64, could not effect private proper ly* Scprely hia Majesty^ by this alteration, did not purpose to take away the p^sonal property of a large niirnbe)' of his loyal sul^ects^, and transfer it to other subjects ; the Enghsh Constitution will, by no means, admit etfthK, for the trwsferring or alienation of property is a sacred preroga tive of the true owner .^ — Rings and Governors cannot intermeddle there with. ]f urtfaermere, your EiuieUency and Coinicil must needs be ac quainted that we have a petition ^ing besfore hii^ Majesty and Council, for redress of our ^aevaitee^ Th^^tisan impartial board; pray why Bfiay it not be det^mined there I For the very indentical matters in dis pute, are now, and for ^veral years past, have been, lying before that iiaartf except the accusations of i^iotousness, disorderly^ &c. which is im- pr«Mred as a handle to subvert property, and that only, FurthfrHlore, in-thetim^ of Sir Henry Moor's administration, hjis Ma^ jesty was pleajsed to lay the Government of Neio-Fojp^, under absQl^te ptbhibition not to grant or patent any of the lands, antecedently granted tuad^ the great seal of the Province of New-Hampshire ; and further- inore forbid the gqv^nment to disturb or naiolest the settlers. This, righ% understood, sunounts to a supercedeas over the authority of Com' jpaon Law, and absolutely controuls. the e^gni^fuiee thereol". As to the pu^ic^tas matters, in the prohibition set forth, ormatters lying before his Majesty,' by petition, the import of the prohibition must nee^s be thuSj, "namely, th# his Majesty, by it, informs the Government ^ New-York^ that he kt» %akm the contrwersy, to him made known by (ietition^ und^ bis royal consideration, and that, after due info|tn^tion and evidenee of the state of the case, determines to settle the controversy ; consequently fqfliidsthe government .taking cognizance thereof; and common sense iet^hesi us Ito under 'StVphi pr^ibition, if a judgntent, at Qommon Law, 28 CONTROVERSY WITH NEW-YORtC. be supposed to be valid, it would invalidate the authority of the crown, and subvert and overthrow the authority of the kingdom, as it would render the prohibitions of the croivn perfectly impertinent. Therefore, Common Law, in the case before us, is not cloathed with cognizance of this case, much less with authority to dispossess us ; consequently, every party of men, that have, with officers or otherwise, come into these parts to dispossess us, came in open defiance, and direct opposition to bis Ma jesty's orders and authority : and, though they stile us rioters, for oppo sing themy and seek to catch and punish us as such, yet, in reality, them>- selves are the rioters, the tumultuous, disorderly, stim'ulating faction, or, in fine, the land-robbers ; and every violent act they have done to com pass their designs, though ever so much under pretence of law, is, in reali ty a violation of law, and an insult on the constitution, and authority of the crown, as well as to many of us, in person, who have been great sufferers by such inhuman exertions of pretended legality of laWi — ^Right, and wrong, are eternally the same, to all periods of time, places and na tions ; and colouring a crime .with a specious pretence of law, only adds to the criminality of it ; for, it subverts the very design of law, prostitut ing it to the vilest purposes. Can any man, in the exeicise of reason, make himself believe that a number of Attorneys and other genflemen, with all their tackle of ornaments, and compliments, and French finesse, together with their boasted legality of law ; that these gentlemen have just right to the lands, labours and fortunes of the New-HampsMre set tlers ? Cei-tainly they cannot. Yet, this is the object in view, by that mercenary fraternity. .-.. , We do not suppose, may it please your Excellency, we are making op position to a goverhirient, as such ; it is nothing more than a party, chiefly carried on by a number of gentlemen Attdrneys,' (if it be not an abuse to gentlemen of merit to call them so) who manifest a surpizing and enterprizing thirst of avarice, after our country : but, for a collection of such intreaguers, to plan matters of influence of a party, so as eventually to become judges in their own case, and, thereby, theat us out of our country, appears to us so audaciously unreasonable and tyrannical, that we view it with the utmost detestation and indignation, and our breasts glow with a martiaLfury to defend our persons and fortunes from the ra vages of those that would destroy us ; but not against your Excellency's person or government. We are fully persuaded, your Excellency's ears Jiave been mUch abused by subtle and designing men ; for, we are informed, from credible au thority, your Excellency has, lately^ made application to your Assembly, to raise an armed force to subdue us, but that the motion was negatived. We apprehend, your Excellency views us as opposing your Excellency's jurkdiction, and that the violent acts, by us done, was in rebellion to his Majesty's authority, or your Excellency had never proposed the subduing of us ; we are morally certain, we can convince your Excellency, that it is not so ; but that on the other hand. Messieurs Duane, Kemp, and their associates, are the aggressors*- , We have chosen two men from among Us, viz. Capt. Stephen Fay, and Mr. Jonas Fay, to treat with your Excellency, in person ; who, we CONTROVERSY WITH NEW-YORK. 2^ hope, will answer such queries, and give your Exc'elle'ncy'the Sfttisfactioii you hope for.' . We view your Excellency as our Governor and political father, and hope and expect, from the sincerity and candor of your Excellency's letter, you will be friendly and favourably disposed towards us, when your Excellency,' by these lines, perceive the grounds of our discontent ; for, we are conscious that our cause is good, and that it was oppression, which has been the" ^ound of our discontent, and that self-preservation hath, hithertoj utged ns to the measures lately taken. And we now earnestly intreaiyour Excelleney's aid and assistance to quiet us in our possessions and properties, till his Majesty, in his royal wisdom, settle the Controversy. If your Excellency should do this, there would be an end of riots, so called, and our tongues unable to express our gratitude to your Excellency for such protection. THerefore, relying on your Excellency's great wisdom and goodness, as Members of your Government; his Majesty's loyal and liege subjects, we subscribe ourselves your Excellency's ever faithful and humble servants, ETHAN ALLEN, SETH WARNER, REMEMBER BAKER, ROBERT COCHRAN. The foregoing communications were transmitted to his Excellency, Governor Tryon, by the Agents appointed for that purpose. Ths Agents were received by his Excellency, and the communications laid before his Council, who, after mature consideration, advised as follows. " The Committee are desirous your Excellency should,afford the in habitants of those townships, all the relief in your power, by suspending, till his Majesty's pleasure shall be known, aljl prosecutions, m behalf of the crown, on account of the qwws with whic^i they stand charged, by depositions before us ; and to recommendit to the owners of the contest ed, lands, under grants from this, Province, to put a stop, during the same period, to aU civil suits concerning the lan«Js in question." The foregoing was approved by the Governor, and communicated to the inhabitants in Bennmgton and the vicinity. While this negociation was pending, th? green mountain boys pro ceeded to dispossess, certain settlers upon 0tter Creek, claiming title under New-York ; in consequence of which, Governor Tryon addressed the following letter to the inhabitants of Bennington and the ai^acent country. ', . " Albaijiv, AuGpsT 1,1 TH, 1772. , ,, , ., Gentlemen, " vff. ¦ -'' 'At the same time I express to you- my satisfactionyby the opportunity of Mr. Fay, on the|rateful manner in which you received and accepted the lenient measure? prescribed by this government, for your peaceable C9nduct, until his Majesty's pleasure should be knojvn, respecting the ^ CONTROVERSY WITH NEW-YORK. disputed claim to lan4^ within this gavemment, I cannot conceal ft(Mi(i you my high displeasure at the breach of faith and honor, made by a body of your pec^ple, in disposses^sii^. several setders on Otter Creek,. wad its neighbnunhaa^ «f their possessioq^ during the very time the Com« missionersyou appointed to attend on me at ^^^-Yonk, were waiting the determination of gavemment on y^ur petitu^m, that you might remain. unmolested in your possessions,, until die King's pleasure be obtained; Sufsh disingenuous and dishonourable proceedings, I view with ^eat con cern, eonsidering them as daring insults to government, a violation of public l^thj, and the conditions granted to you on petition. To prevent, tiierefore, the fatal consequence that must folLw so manifest a breach of imblic confidence, I am to require your assistance, in putting, forthwith^ those families, who. have been tluis dispossessed, into re-possession o^ their lands and tenements, in the same manner^ in which they were, at the time Mr. Fay and his son, waited on me at New-York. Such a con duct on your part, will not feiil «»f recommending your situation te> hi*^ Maiestv, and insure a continuance of my friendly inteutioris towards you. Wm. TRYON. To the Inhabitants of Bennington, andthe adjacent Country. ANSWEJi. TO THE POKEGOING. gBH*iiNG!ro«^ August 35t»? 1772. TO HIS EXCELLENCY, WILLIAM TRYON, EsqumE, &e. Mat it please your ExeELLENCv, We, hisi Mstjesty's Uege and loyal subjects, inhabitants of Bennington, andthe adjacent" countiy, have receiv^ yo«r ExfedteiM?f's letter, of the llth of August inst. by which, we are iiMibrmed of your EjceelleBcy'S high displeasure towards us, by reason of a body of our peopled dispos sessing sev^raf settlers on Offer- Cree^, and its neighbowrhoodj of their possessions, during the- very time our Messeiigers attended on yoea-EjE- cellency, at iVewFw^, and were wm^ftg the* determination r, unloiownj (as we suppose,) te your Excellency and Council, by tiie -contrrvance, aid ea^ emplojr of certain monopolising adverseuies ©f our's, toek a tour to tine northerly parts of the New-HoMp^iire grants, to survey, and make locatioBS on our land. Sttd^Iocating we view as a maniiest plan^ and intention ef %i- vading our property — iStie same as uttir^chfaig round the dty, porteaits a siege thereof. Our people, havtngnotioe ef J^r. K-oe&iwrte** intrUsitMi on our borders, faHied a small party, and pursued, and overtook him and Ms party ; and tn their pursuit, passed te towns of 'Pa«th. Nay. apcprffing to our conception of the matter, , more so ; as he made the first movement towards the m-' vasion of o.ur property. , , Soon after our. Messengers returned, from New-York, and read the Afinutes of Coiincil, apd your.Exceiiency's letter of cpmpliancethere* with, to a, large auditory, convened at Bennington for that purpose, com< posed ,pf jhe inhabitants of that place, the adjacent country, and sundry respectable gentlemen from the neighbouring Provinces ; your Excel lency's gracious, wise, and benevolent proposals for; settling unity apd concord, in our part of the Province, were, by thos^, present, unanimous-, lyrapplauded, and conpededijtq,; and.^11 possible public ], testimonies of" honour and respect, paid to your Excellency and Council,, by sundry discharges of cannon and, small arms ; youf^Excellency's health, long life, and prosperity, as well as that ,(jf the honourable Council's, was the toast; your najne commanded reverence and esteem, andyour'Ex- cellency?s person in p3^i^ular,ttec3'raie precious in our eyes. ' -' - * And, we do'humbly assure your Excellency we have no disposition of alienation pf,affections, towar^.you, or, knowingly, break any article of public faith. : , There are two propositions, which are the ojijects of our attention. Firstly ; The protection and maintaining, our^property. And, secondly; to use the sgrpatjesi, care and "prudence, not to break the aiticles of, public f8J^,.priinsuhgoxer^mental authority. > These two propositions, we mean stjcictly an^d religiously to adhere to? And„for,the,more explicitjknowledge of the preliipinaries and conditions* of public faith and trust, we would inform your Excellency and* Council, that our acceptation of those conditions pn i^liejpart of iyew- For /t, is, that they make no further settiements or Ideations' On oUr lands, granted under the great seal of the ProviiHiie of NeW-HOmpshire, until his Ma jesty's pleasure be obtained, as to the validity tjf the grants. Although this was not so fully expressed, yet we suppose it was implied jn the ab stract of the Minutes^f Couppil; if it wasnot,weprayj(^ypur Exce}l§ncy agd. Council would undeceive us in that particular ; for if we are deceived in this, then, on this hypothesis, jyc^n- ExcellenFJ and Council's lenient ^ and fnendlj disposition, . towaf 4s tJS, 'will not, for th.e future, ^by us") be' viewed as supH J for such locations ancl, settlements on our lands, would^ be incompatible with friend^^ipj apd a manifest infringement on our pro-" perty, which has, all along, been the bone of contention; ¦ 'The last part of your Excellency's letter ,to us, contains a requirement ofour immediate assistance in repossessing Col. itperf's tenants of said CONTROVERSY WITH NEW-YORK. 33 tenements. As to this particular, had your Excellency have known by what means Col. Reed obtained possession of them lands and tenements, undoubtedly ybur Excellency would not have required our assistance in repossessing him ; or have viewed with concern, our dispossessing him, as a daring insult to government : for, the case rightly understood, it ap pears, that his conduct was a daring insult to government, and continued violation for more than three years, of the laws, restrictions, regulations, and oeconomy, both of God, and man ; a notorious breach of the tenth command of the decalogue, which says, " Thou shalt not comet, Sfc." He, coveting, did take the saw-mill-logs, boards, and also, the lands, labours, possessions, farms, tenements, &c. &c. from the rightful owners, pro prietors, and first occupants thereof, without a process at law, as afore said, to their exclusion from the premises more than three years ; all which time, he has been enriching himself, by the improvement of their estates ; and, should we repossess him of the premises again, we should become co-partners with him, in his wickedness. Such an act we could not reconcile to our ovm consciences ; it being apparently immoral, and most flagrantly cruel and unjust. When your Excellency and Council views these facts, and arguments, we humbly conceive we shall not be required to repossess Col. Reed of the premises : nor do we expect your Excellency and Council will ad judge us to be violators of the late articles of public faith : all which, with due submission, we refer to your Excellency and Council. And, we do now, with due reverence, ask the favour of a few lines, which may certify to us, the determination of government, relative to the particulars litigated in this paper ;* and remain your ever faithful and most obedient humble servants. At a general meeting, held at Manchester, on the 27th day of August, 1772, by the Committee of the towns of Bennington, Sunderland, Man chester, Dosseth, Rupoft, PoUet, Wells, Poultney, Castleton, Pitsford and Rutland ; the foregoing answer to his Excellency's letter of the 1 1th inst. was read to the said Committees, and the vote was called by Mr. Nathan Clark, Chairman, whether the said answer be approved Of, by the said Committees ? and it was voted in the affirmative. Test, ETHAN ALLEN, Clerk for said Committees. The subject of this controversy, it seems, still engaged the attention of the British Cabinet ; as appears by the following extract frora a report of the Lords of trade to the Committee of his Majesty's most honorable privy Council, for plantation affairs, dated December 3d, 1772. « Upon the fullest examination into all the circumstances which, at present, constitute the state of that District between the rivers Hudson and Connecticut ; out of which, the greatest disorders and confusion have arisen ; it seemeth to us, that the principal objects of attention in the consideration ofany measures that can be suggested for restoring public tranquility, and quieting possessions, are, • We have been unable io find any answer to this commilQicatioD, Jt is probable that tlie Degocifttioii here tenniiiatert, L 34 CONTROVERSY WITH NEW-YORK. First, those townships, which, having been originally settled and esta* blished under grants 'from the government of the Massachusetts-Bay, fell within this District, by the determination of the northefti boundary of that Provmce, in the year 1740. Secondly, those grants of land, made within this District, by the go vernment of iVe«p-ForA, previous to the establishment of the townships laid out by the governor of New-Hampshire, after the conclusion of thei peace ; and which land now lies within the limits of some one or other of those townships. Thirdly, those townships, which, havmg been originally laid out by the governor of New'HampsMrcj either continue in the same state, or have been confirmed by grants from Netv-York ; and also, those which have since originated under grants from the latter of those colonies. With regard to those towriships, which fall under the first of the above mentioned descriptions ; when we consider their nature and origin, and the numberless difficulties to which the original proprietors of them must have been subjected in the settlement of lands, exposed to the incursions of the savages, and to. every distress, which the neighbourhood of the French, in time of war, could bring upon them ; and, when we add to these considerations, the great reason there is to believe that the grants were made upon the ground of military services against the enemy ; we do not hesitate to submit to your Lordships our opinion, that the present proprietors of these townships, ought, both in justice and equity, to be quieted in their possessions : and, that all grants whatsoever, made by the government of New-York, ofany landsy within the limits ofthose tow nships,. whether the degree of improvement, under the original grant, had been more or less, are, in every light, which they can be viewed, op pressive arid unjust. But, as we are sensible that such subsequent grants made by the government of New-York, however unwarrantable, cannot be set aside by any authority from his Majesty, in case the grantees shall insist on their title ; we submit to your Lordships, whether it might not be expedient, in order to quiet the original proprietors in their possess- ipns, to propose that all such persons whoVnay claim possession of lands within the limits of such townships, under New-York grants, should, upon condition of their quiting sudi claim, receive a grant under theseal of New-York upon the like terms, and free of all expences, of an equal number of acres, in some other part of the District lying between the rivers Hudson and Connecticut; and in case, where any actual settle- ipent or improvement has been made by such claimants, that they shouW, in such case, receive fifty acres of waste land for every three acres, they may have improved. , - With regard to those grants made by the government of 2Vew- For;!:, which fall within the second description, and upon which any actual im provement has been made ; they do appear to us to deserve die same consideration ; and that the proprietors thereof ought not to be disturbed in their possessions, whether that improvement be to a greater or lesser extent. But we beg leave to . observe to your Lordships, that, in both these cases, no consideration'^ ought to be had to any claim, where it shaU appear that no regular, possession has ever been taken, and no actual settlement ever been made. CONTROVERSY WITH NEW-YORK. 33 A^ith regard to those townships, which fall within the last mentioned description, we Submit to your Lordships our opinion ; — That, provided such townships do not include land witiiin the limits of some antecedent grant, upon which actual improvement has, at any time, been made, it would be adviseable they should be confirmed as to^vnships, according to the limits expressed in the grants thereof ; and that all persons having possession of any shares in the said townships, eitiier a« original grantees, or by purchase or conveyance, and upon which shares any actual im provement or settlement has been made, ought not, in justice, to have been, or to be, in future, disturbed in the possession of such shares ; nor ought they to be boupd to any other conditions, whether of quit rent or otherwise, than, what is contained in the grant." We now approach an interesting period in the history of this contro, versy. It will be re(;ollected that the whole property of the settlers, on the New-Hampshire grants, had been long put at hazard, by the claims of New- York. In face of the royal prohibition of the 24th of July, 1767, the government of that Province had proceeded to convey the lands, oc cupied under grants from the same royal authority. The Courts at Al bany had, uniforjnly, decided in favor of the New- York grantees. Writs of possession had been issued ; the execution of which was regEirded by the settlers as nothing less than legalized robbery. They therefore re sisted ; and, for uniting in this resistance, had been indicted as rioters, and subjected to heavy penalties. Notwithstanding the attempt which had .been made to arrest the progress of the controversy, it does not ap pear that the government of New- York had, at any time, taken measures to restrain the location and settlement of lands under New-York titles. The bone of contention, therefore, still remained ; and the failm-e of an attempted reconciliation had served to embitter the resentment of the contending parties, and produce a state of hostility, more decided and alarming. The mass of the settlers, on the New-Hampshire grants, consisted of a' brave, hardy race of men. Their minds, naturally strong and active, had been roused to the exercise of their highest energies, in a controversy, in volving every thing that was .dear to them. Though unskilled in the rules of logick, they, nevertheless, reasowet? conclusively ; and having once come to a decision, they wanted not the courage or conduct neces. sary to carry it into execution. ¦ Foremost among them, stood Ethan Allen. Bold, ardent, and un. yielding ; possessing a vigorous intellect, and an uncommon share of self- Pipnfidence, he was peculiarly fitted to become a successful leader of the opposition. In the progress of this controversy, several pamphlets were written lay him, exhibiting, in a manner peculiar to himself, and well suited to the state of publick feeling, the injustice of the New- York claims. 36 COTTTROVERSY WITH NEW-YORK. ^hese pamphlets were extensively circulated, and contributed much tc inform the minds, arouse the zeal, and unite the efforts, of the settlers. So far as the documents belonging to this period, shed any light on the subject, it appears that the inhabitants residing in the present Counties Of Bennington and Rutland, had formed a convention, by Committees from the several towns-; which met, if not statedly, at least, on extraordinary dfccasions, to adopt such measures, as the publick exigencies requu-ed- Among other acts of this body, it had been decreed — " that no person should take grants, or confirmation of grants, under the government of New York." — An order had also been made, " forbidding all inhabitants in the District of the New-Hampshire grants, to hold, take, or accept, any office of honor or profit under the Colony of New- York ; and all ci-vil and military officers, who had acted under the authority of the Governor or Legislature of New-York, were required to suspend their functions on pain of being Diewerf."* These decrees were frequently enforced with exemplary severity. Among the various modes of punishment, the more common, was the ap plication of the " beach seal"f to the naked back, and banishment from the grants ! One instance of punishment, in a case which seems not to have come- within any special decree of the convention, deserves, , for its ingenuity, to be recorded. Dr. A. of Arlmgton, had become a partizan of New- York. Having often spoken in reproachful terms of the green mountain boys, and their convention, and advised to the purchase of lands under the New- York titles, he was requested to desist. Disregarding this request, he was ar. rested and ".carried to the green mountain tavern, at Bennington, where the Committee heard his defence, and then ordered him to be tied in an .armed chair, and hoisted up to the sign fa catamount's skin, stuffed sitting upon the signpost, twenty-five feet from the ground, with large teeth, grinning towards New-York,) and there to hang two hours, in sight of the people, ¦ as a punishment merited by his enmity to the rights and li- berties of the inhabitants of the New-Hampshire grants. The judgment was executed to the no small merriment of a large concourse of people. The Doctor was let down, and dismissed by the Committee, with an ad monition to go and sin no more."| Enjoying, as we now do, the protection of just and equal laws, it is * Allen's history. t This iDstruuient of punishment was termed the " beach seal,'''' in allusion to the great seal of New Hampshire, affixed to the grants made by tlie Governor of that Province ; of vliicb, the buch rod. well laid onto the naked backs, of tbe "Yorkers" and tbeir adber ents, was humorously considered a confrmatioD ! > t Allen's history. CONTROVERSY WITH NEW-YORK. 37 I difficult to form a proper estimate of the measures we are reviewmg. Wc shall be less inclined to censure them as unnecessarily severe, if we re flect, that there was no choice left to the New-Hampshire grantees, be tween an entire surrender pf their • farms, rescued from the wildness of nature, and made valuable, by their industry ; and a determined and per severing resistance by force. Necessity drove, them to' resistance, and Sound policy dictated that it should be of a character to inspire a foil be lief that it would be made effectual. The government of New- York, however, regarded this conduct as treasonable and rebellious, and the actors in these scenes, as a lawless banditti. Confident in theiriown strength, and miSi:alculating the re sources which may be brought into requisition by men acting on the de fensive, in the last extremity, they proceeded to the adoption of measures, " the most minatory and despotick, (in the language of Dr. Williams) of any thing, which had ever appeared in the British Colonies." We commence the history, of these measures with the following extract from the votes and proceedings of the General Assembly of New-York. Die Sabati, 10 Ho. A. D. February 5th, 1774. Mb. Brush, inbebalf of Mr. Clinton, chairman, from the grand Com- nuttee, reported, that he was directed by the said Committee, to make the following report to the house, viz. That the said Committee, having taken into consideration the petition of Beryamin Hough,* in behalf of himself, and many of his Majesty's subjects, inhabiting the county of Charlotte, and the north-eastern district of the county of .^ftawy ,• com plaining of many acts of outrage, cruelty, and oppression, committed against their persons and properties, by the Bennington mob, and the dangers and injuries to which they are daily exposed, and imploring that this house will take them under their protection, and secure them against future violence ; and the said Committee, ha-ving also duly considered the several proofs and depositions presented in support of the truth of the said petition, do therefore resolve. It. That it appears to this Committee, that there, at present, prevails in part of the county of Charlotte, and in the north-eastern district of the county of Albany j a dangerous and destructive spuit of riot and licen tiousness, subversive of all order and good government; and that it is become an intolerable grievance, which requires immediate redress.| * It appears froih Allen's history, that Benjamin Hougli had accepted, and officiated in, the oflice of justicH of the peace, under the authority of New-York. Being arrested and brought before tbe Committee of safety at Sunderland, he .pleaded thejurisdiction and authority of New- York, biit was answerfed by the decree of the Coniiehiion, which forbid all persons holding any office, civil or military, under the Colony of New 'York. In the presence of a large concourse of people, the following judgmeht was proDounced, '^ That iht prisoner beiakenfrom ihe bar of this Committietf sqfety and lied toa tree, and . there, on his rmked back, to receive two hundred stripes ; his back being drtssed he should depart jiit '^ ike district, and on return, to mfftr deafk, unless by ."ipeciaUeave of Con- ^ vention,!' - ' 38 CONTROVERSY WITH NTEW-YORR. 2. Resolved,! That it appears to this Committee, that many acts of outrage, cruelty,, and oppression have been there perpetrated by a n-om- ber of lawless persons, calling themselves the Bennington mob, who have seized, insulted, arid terrified several ma^strates and other civil officers, so tha,t' they, dare not exercise their respective functions ; rescued prison ers for debt, assumed tb themselves military coihmandis, and judicial power ; ' burned and demolished the houses and property, and beat and ' abused the persons of many of his Majesty's subjects; expelled them, from their possessions, and put a period to the administration of justicCj and spread terror and destruction through that part of the cbiiritry which' is exposed to their oppressibnA 3. Resolved, That itis tfie opinion of this Committee, that the com plainants before this house, and othersj who inhabit part of that colony, and from respect to go-f ernment, will not countenance or be concerned, in the said riotous proceedings, are exposed, from the violence of the rioters, to iminent danger, both in persons and properties ; and that^- they stand in heed of immediate protection and succour. Jfi? Resolved, That it appears to this Committee, that Ethan AUenj seth Warner, Remember Baker, Robert Cochran, Peleg Sunderland, Silvanus Broton, James Breakenridge, a.nd John Smith, aire principal ring-leaders of, and actors in, the riots and disturbances aforesaid ; and that it is, therefore, the opinion of this Committee, that an humble ad dress, be presented to his Excellency, desiring that he would be pleased to issue a Proclamation, offering a reward of fifty pounds for apprehendr ing and securing any or either of the persons above named, in his Ma jesty's goal in Albmyi and commanding the magistrates, and other civil officers of the counties of Albany and Cliarlotte, to be active and vigilant in suppressing the said riots, and preserving the public peace and good order, as well as for bringing to justice the perpetrators and authors of said riots. 5. Resolved, That it is the opinion of this Committee, that a bill be brought in, more effectually to suppress the said riotous and disorderly proceedings, maintain the free course of justice, and for bringing the offenders to condign punishment. Which report he read in his place, and afterwards delivered it in at the table, where the said resolutions were severally read a second time, and it was resolved that this house doth agree with the Committee in their said resolutions. Ordered, That a bill be brought in, pursuant to the last resolution, and that Mr. Brush, and Col. Ten Broeck, prepare and bring in the same. Ordered, that Capt. Delancey, and Mr. Walton, wait on his Excellency the Governor with the foregoing address and resolutions of the house. The following proceedings will show in what manner the foregoing Resoli^tions were met by the people on the New-Hampshire grants. "At a General Meeting of the Committees for the several townships on the west side of the range of green mountains, granted under the great seal of the Province of New-Hampshire, held at the house of Mr. Eliakim WeUers, in Manchester, on the 1st day of March, A. D. 1774, and after wards, by adjournment, at the house of Capt. Jehiel Hawley, in Arlmg CONTROVERSY WITH NEW-YORK. '39 IDn, on the 3d Wednesday of the same month ; at which several times and places, the New- York Mercury, No. 1163, was produced, which contains an extract fi-om the votes and procceedings of the General As sembly of the Colony of New- York, which is as follows, viz. . [Here follow the Resolutions, as given above.] . Mk. Nathan Clark, chairman of the Committee of the New-Hanvp^ shire settlers aforesaid, ordered the clerk to read the resolves and votes aforesaid, to the general Committee, which was accordingly read, sundry times, and the following draught being presented in answer thereto, to the publick meeting ; seven persons were selected and chosen out of the said general Committee to exeimine the same, and report their opinion thereon, which here follows. When we consider the numberless troubles, and almost insurmount able difficulties which om- infant settlements have been forced to struggle -with, since its first beginning, which have been occasioned by an unequal and biassed administration of law, ever since our unhappy misfortune Pf being annexed to a government in which the interest of the greater part pf the leading gentlemen thereof, are in direct opposition to our's. The tyrannical measures they ' take to enslave us, (we hope) will not fail to justify us in the following arguments and resolves thereon ; for we think It an intolerable hardship, and piece of inhuman cruelty, that we cannot be said to give sufficient proof of our loyalty and obedience to govern ment, but at the resignation of our whole fortunes, in the purchase and improvement of which, we have suffered an infinity of hardship. While we view the spirit of the general assembly in their resolves, we cahnot but reflect with some regret, on what may, of consequence, prove the re sult (without an alteration) of their present opinion ; but there are scarce any circumstances that entirely exclude hope 3 therefore we are not yet in total despair; for this moment we happily call to mind, that the gene ral assembly of the same Province, about two years ago, did annex all that part of the Bay Province, west of Connecticut river, to that UNLI MITED county of ./4Z6awy ,• but their avaricious grappling iiot being of a sufficient.strength for such an unreasonable burthen, it failed, by which they lost their ideal booty. The reader will doubtless observe, that in the resolves of the assembly aforesaid, there is not a single word mentioned in regard to the title -of the land contested for, but that they level all their splfeen, and point all their malice at notorious rioters, as they call them, and make a pretended shew and figure, as though they were great sticklers for good order and government ; although, at the same time, every person of common sense, who has had any acquaintance and knowledge of the controversj', abso» lutely knows, that our goodly land, with the labour thereon, is the only subject matter, and grand object, of the whole controversy ; and give the New-Yorkers but that, and the matter would be accomplished to their eternal satisfaction; and it is presumed the words riotous, disorderly, licentious, &c. would not be printed again on account of the New-Hamp shire grantees and present occupants, for the whole course of the succeed- ine century. For, the truth of the case is, the executors of the law, are most, if not .all, of them the pretended claimants to the Ijind^ whereon the Neio- 40 CONTROVERSY WITH NEW-YORK.- Hampshire grantees and occupants dwell ; and their judgments on writs of ejectment, brought by the New-York patentees, have not hitherto failed to correspond with their imaginary interests ; but were they honest men, they would not undertake to be judges in their own case, or in any other wherein the resolution thereof would make a president for their own, especially m title of land, wherein judge and plaintiff are connerted in one common interest : such a distribution of law is contrary to the law of reason and nations. Therefore, our case stands thus ; if we submit to their executions of law, and become obedient and submissive subjects of their designing government, we must soon yield to be their tenants and slaves; and we cannot see reason to conform to any law which will apparently bring us and our posterity into bondage, or manifestly deprive us ofour property j but masmuch as we bpldly adhere to the maintainance of our property, which to us is very pr^ious, as it would be to the New-Yorkers, was it in their hands. We find it is immediately recommended to the Governor of the Province, by the general assembly, to issue his Proclamation, offering therein large sums of money to apprehend those notorious rioters, as they are pleased to stile them. It must, indeed, be shocking to com mon sense, when the reader comes to observe what notorious complaints, and most horrid accusations are set forth in the resolves of the general assembly of New-York, meatiaaed in the, fore part of this paper, against thousands of hard labouring, industrious, honest peasants, who are, in truth, loyal subjects of the crown of Great-Britain, for their violations of law and government ; when, at the same time, the following express orders from his most sacred Majesty to that litigious government of iVeai York, will plainly show, that they do not madie the least hesitation to rebel and act in toect opposition to the authority of the crown ; when (as in the present case) they shew a disposition to take advantage of the minor part ofthose under their government, and throw thera into con tention and disorder, and thereby build their fortunes on the ruin of the pretended aggressors, (and all under the specious pretence of good order and government) which is, in fact, what they eventually aim at, as will.ap* pear by the following order. At a Court at St, James's, the 3,4th day of July, 1767. PRESENT, THE KING'S MOST EXCELLENT MAJESTY, Archbishi^ of Canterbury, Earl of Shelbume, Lord Chancellor, Viscount Falmouth, Duke of Queensbury, Viscount Barrington, Duke of Ancestor, Viscount Clarke, Lord Chfindierlain, Bishop of London, Earl of Litchfield, Mr. Secretary Conway, Earl of Bristol, Hans Stanley, Esq. • The petition, and report thereon, by the Lords of trade and plantatioa affairs, is too prolix to be inserted in this paper ; tbe royal ordei ig there.- fore only transcribed, which is as foUows. «ONTR0V^RSY ^ITIf }i^y^-^<^.. 41 ,- His Majesty, taking the sai^ report , into consideration, was pleased, With the advice of his privy , cbiincil, to approve thereof, and.doth hf^eby strictly charge, require and command, that the Governor or Commander in Chief of his Majesty-'s Pravince of Nfw-York, for the time being, cjlp npt^ upon pain of his Majesty's highest displeasure, presume to.make any gran^-whaitsoever ji of any part of the lands, described in the said report, un^hisjy^j^sty's further pleasure shall be known, concerning the same. A True Copy, ,,„:...!. , WILLIAM SHARPE, AttBst GEO. BANYAR, Dep. Sec'ry. • Notwithstanding this jirohibition, and one or two more of the same ^erjeral import, and from the same authority, the government of iVew- 'vYork ha-ve lapped their patents on the New-Hampshire charters, and in consequence thereof, demand, at common lawy the land on which the iVe* HUnipshire grantees and occupants dwell ; and fr6m hence has arisen the numerous troubles and disturbances between the government of New- York and its discontented- subjects, the settlers under New-Hampshire. This has also been the source of all licentiousness and coniiision, riotous- ness, &c. colnplained ofby that government against the settlers aforesaid. 1 And whereas the true state of ouripants hath been already laid before the worthy lords of the board of trade and plantaticm, and they, having considered and wisely deliberated upon its several circumstances, did on •the third day of December, A. D. 1772, make their report in favor of the TfeivHampshire grantees,* to his most gracious Maj^ty, whose royal -confirmation we daily expect ; and onthe'crecMt and good faith of this report, many hundreds of industrious (and many of them wealthy) fami lies have purchased and moved upon the New-Htmiipslme grants^ nothing doubting of that title. ,i ..u,- i- i- We, therefere, humbly ''report ^to the said'? general Committee of the New-Hampshire grants, as our opinion, 1. That 8ts we ever have, so for the future we will remain loyal and dutiful subjects to our most rightful sovereign George the third, and de mean ourselves ^agreeable to^the good and wholesome laws of the realm, and fight for the dignity of his Majesty's crown and government, at all times, when .therje .m^y b^ a. call (pr it ; viewing him as our political fa>. ther, and relying on bim to be protected in our property. 2. That, as we purchased'our lands of one of his Majesty's Governors, and on tbegjood fei|h_pf the^cro-wn of Great-Britain, we are determined to mainfeiii' those grants, against all opposition, until his Majesty's royal pleasure shall be known in the premises.^, . , And whereas we have never made any further resistance to. govern- -Kient, than the law of self-jn(|pservation, which the law of God and nature enjoins on every intelligent wise and undeistanding being ; we, there fore, are fully of the opinion tp resolve, 3. That such of the ma^strates and governmental authority of the Province of NeibrYork, as have pursued, and have been accessary in the .scheme of indicting our friends aifd neighbours as rioters ; and have, by * See Page 33. F 42 <;0NTROVERSY WITH NEW-YORK. intrigue and stratagem, of various sorts, endeavored to take thera, anej punish them as crifnlnals ; thei-eby to dishearten and terrify the New- Hampshire settlers to that degree, that they may tamely be disinherited ; have acted'contrary to the spirit and design of the good and righteoUs laws of Great- Britain, which, under a just administration, never fail to secure the liberty and|)-roperty of the Subject ; and are thereby guilty of great in humanity to its respective subjects. We therefore resolve, I'hat as a country, we will stand by, and defend our friends and neighbours so in dicted, at the expence of our lives and fortunes. ' And we would recom mend it to the general assembly of the Prdvince of New- York, to wait the determination of his Majesty, relative to the title ofthose lands, and de sist from taking us as rioters, to prevent the imhappy consequences that may result from such an attempt. And fourthly, and lastly, resolved. That, for the future, every necessary preparation be made, and that our inhabitants hold themselves in readi ness, at a minu,te's warning, to aid and defend such friends of our's, who, for their merit to the great and general cause, are falsely denominated, riot-^ ers ; but that we will not act any thing more or less, but on the defensive, and always encourage due execution of law in civil cases, and also in cri minal prosecutions, that are so indeed ; arid that we will assist, to the ut most of .our power; the officers appointed for that purpose. The foregoing arguments, narrations and resolves, being laid before the general committee of the New-Hampshire grants, was read sundry times, and carefully examined ; and after mature deliberation, Mr. Clark, chair man, p,ut the votes to trial, whether the foregoing was approved of as an an swer to the resolves of the general assembly of the Province of New- York ? and it was passed in the affirmative. And it was furthermore the advice of this committee, that the foregoing be' forthwith exhibited in the public papers, to the intent that all officers, magistrates, and persons whatsoever, may know, that if they presume to take the rioters aforesaid, they do it on their peril. Certified by Bennington, April 14, 1774. NATHAN CLARK, Chairman, JONAS FAY, Clerk. While the convention of the New-Hampshire grsxits were preparing for the adoption of these resolutions, the General Assembly of New-York proceeded to catry into effect their resolutions of the 5th of February ; and, on the 9th of March, 1774, enacted the following extraordinary Law. An Act for preventing tumultuous and riotous Assemblies in the places therein mentioned, and for the more speedy and effectual punishing the rioters.' WHEREAS dispirit of riot tmd licentiousness has, of late, prevailed in some parts of the countiy of Charlotte anrf Albany,* and many acts '*. The County ol AlbiiViy, it isbelieved, extended to the north line of Manchester, in ?hi? present County of Bennington : tlie territory north of ihat, on the western side of tbe mountidns, was erected ipto !( .separate County, by the name uf Charlptts. CONTROVERSY WITH NEW-YORK. 4$ «/" outrage and cruelty have been perpetrated by a number of turbulent tnen, who, asse/nblingfrom time to tifae^ in arms, have seized, insulted andmenofied, severat magistrates, anid ofA^ eivil qfiicers, so thftt they dare not execute their functions — rescued prisoners for debt — assumed to themselves military commands, and judicial powers-turned and (fe, molished houses an^ nroper^y, and beat andabused the persons of many of his Majesty's sul^ects — -expeOed others from their possessions — and finally, have put a period to the administratian. of justice unthin, and spread terror and destruction throughout, that part of tlie country which is exposed to their oppression : Thprefore,for the preventing and suppressing such riots and tumults, and for the more speedy and effect ual punishing the offenders therein. I. Be it enacted, by his Excellency the Governor, the Council, and the General Assembly, and it Js hereby enacted, by tlie authority of the same, Th^t, if any persons, ,to.the. number of three, or more, being un lawfully , riotously, and tujnultuously .assembled, within eitiier of the said counties, to the disturbance pf the public peace, at any time after the passing of this act, and being required or commanded, by .any one or more justice or justices of the peace, or by .the high sheriff, or .his under sheriff, or by any one of the coroners of the county wher^ such assembly shall be, by proclamation to be made in the King's name, in the form herein after directed, to disperse themselves, and peaceably to depart tp theu: habitations, or to their lawful business, ^hall, to the number of three, or more, notwithstanding such projclamation made, unlawfully, riptously, and tumultuously remain or-continue together, to the number 'of three, or more, after, such command or request made by proclamation, shall, for every such offence, upon conviction, thereof, in due form of law, either in the supreme court of judicature of this colony, or at the courts pf oyer and terminer, and general goal delivery, or at the general sessions of the peace, to be held respectively in and for tbe said counties of Albany aiid^ Charlotte, or either of them, suffer twelvemonths imprisonment, without bail or mainprize, and such further corporal punishment as the respective courts before which he, she, ol- they, shall be convicted, shall judge fit, not extending to life Or limb ; and before his or her discharge, shall enter into recognizance with two sufficient sureties, in such sum as the said courts shall respectively direct, to be of good behaviour, and keep thf^peace towards his Majesty and all his subjects, for the tes-m of three years from such his, her, or their discharge out of prison. ¦- 2. And be it further enacted by the authority aforesaid, Thatthe order and form of the proclamation which shall be made by the authority of this act, shall be as hereafter follows, that is to say : The justice or other ^ person, authorized by this act to make the said proclamation, shall, a-' mbng the said rioters or as near to them as he can safely come, with a Ipud voice command, or cause to be commanded, silence to he kept while proclamation is making ; and shall then openly with a loud voice make, or cause to be made, proclamation in these word^^ or to the like effect : Our Sovereign Lord the King, chargeth and commandeth all persons being assembled, immediately to disperse themselves,, and peaceably to depart to their habitations, or tothdr lawful business, upon the pain 44 dJONTROVERSY WITH NEW-YORK-. contained in the act made in fHie fourteenth year of the reign of King Geokoe the third, to prevent tumultuous and riotous assemblies: And every such justice or justices of the peace, sheriff, under sheriff or coroner, within the limits of the respective counties, where they reside, are hereby authorised, irapowered, and required, on ndtice'or knowledge of any Su«^ unlawful, riotous and tumultuous assembly, forthwith to repan to the place where such unlawful," riotous and tumultuous assembly shall be, to the number ofthreeor more, and thereto make or cause to be made, proclamation in manner aforesaid. 3. And be it further enacted h^ the authority aforesaid. That if any person or persons do, or shall, with force and arms, wilfully and &ov^ng- ly oppose, obstruct, or in any manner, wilfully and knowingly let, hinder or hurt any person or persons, who shall begin to procfeim^ or go to pro claim, according to the proclamation hereby directed to be made, where by such proclamation shall not be made ; that then, every such opposing, letting, hindering, or hurting, such person or persons, so being or going to make, such proclamation as aforesaid, shall be at^udged felony, wi'thout benefit of clergy ; and that the offenders therein, shsdl be adjudged felons, and shall suffer death, ag in cases of felony without benefit of clergy : And that also, every such person or persons, so being unlawfully, riotous ly and tumultuously assembled to the number of three, as aforesaid, or more, to whom- proclamation should or ought to have been made, if the same had riot been hindred as aforesaid, shall, incase they, or any of them, to the number of three or more, shall continue together, and not forthwith disperse themselves, after such let or hindrance, having know ledge of such let or hindrance, shall, likewise, for every sudl offence, upon conviction thereof, in manner aforesaid, suffer the same pains and penalties as are hereby inflicted on those who shall continue together to the number of three or more', after they shall be commanded to depart to their habitations, or lawful' business, by proclamation as aforesaid. ' 4. And be it further enacted by the authority afciresaid. That if such persons so unlawfully, riotousljr arid tumultuously assembled, or any three or more of them, after proclamation made in manner aforesaid, shall con tinue together, and riot forthwith dispe:^se themselves, it shall and may be lawful to and for every such justice of the peace, sheriff", under sheriff, coroner, or constabje, of any county or township where such assembly shall be ; and tb and fbr sUch person or persons as shall be com manded to be assisting unto such justice of the peace, sheriff, under sheriff, coroner, oi! constable, '(jwho are -hereby authorised and 'im- powered to command all his Majesty's subjects of age and ability, to be aiding and assisting to them therein ;) to seize and apprehend, and they are hereby required to seize and apprehend such persons so unlawfully, riotously, and tumultiibtel'ijr assembled together, after proclamation made as aforesaid, and forthwith tp carry the persons so apprehended, before any one or more of his Majesty's justices of the peace of the said counties of Charlotte or Albany, in order to their being-proceeded against for such their offences according to law. And that, if the persons so unlawfully, riotously and tumukuouSly as- ¦sembled, or ari^ of them, shall happen to be killed, maimed, or hurt, jn CONTROVERSY WITH NEW-YORK. 45 ¦ilhe dispersing, seizing or apprehending them, by reason of their resisting the persons so dispersing, seizing, or apprehending, or endeavouring to .disperse, seize, or apprehend them ; that then, every such justice of the peace, sheriff, under sheriff, coroner or constable, and all and singular persons aiding and assisting to them, or any Of them, shall be freed, di?- - charged, and indemnified, as well against the King's Majesty,- his hefrs and successors, as against all and every other person or persons, of, for, . or concerning tiie killing, maiming, «r hurting of any such person or per sons, so unlawfully, riotously, and tiuBultuously assembled, that shall ^happen tp be so killed, maimed, or hurt as sforesaid. ¦ i5. And be it further eaacfe^by the authority aforesaid, That, if any person or persons, within the said counties, or either of them, not being lawfully authorized a judge, justice, or magistrate, shall assume judicM power, or shall try, fine, sentence or condemn any person who shall either be absent, or shall unlawfully or forcibly be seized, taken, or brought be- . fore him or them, for tacial or punishment ;, or if any perppn or persons shall.aid or assist in such illegal proceedings, or shall enforce, execute or , carry the same into effect ; or if any person or persons shall, unlawfully, seize, detain, or confine, or assault and beat any magistrate or civil offi cer, for, or in the respect ofany act or, proceeding in the due exercise of his fimction, or in order to compel him to resign, renounce, or surcease his commission or authority, or to terrify, hinder, or prevent hira from performing and discharging the, duties thereof ;., or if any person or per sons, either secretly or openly, shall, unlawfiiUy, wilfully and maliciously, • burn or destroy the grain, com or hay, ofany other person, being in any inclosure ; or if any persons, unlawfully, riotously, and tumultuously as sembled together, to the disturbance of the public peace, shall, unlawfully, and with force, demolish or pull down, or begin to demolish or pulj down, any dwelling-house, barn, stabley grist- mill, saw-mill, or out-house, with in either of the said counties; that then, each of the said offences, re spectively, shall be adjudged felony, without.benefit of clergy ; and the offenders therein shall be adjudged felons, and shall suffer death, as in cases of felony without benefit of clergy. 6. And whereas complaint and proofs have been made, as well before his Excellency the Governor in Council, as before the General As sembly, That Ethan AUen, sorae time of Salisbury, in the colony of Con necticut, but late of Bennington, in the county of Albany, yeoman ; Seth Warner j \a.te of Bennirigtofi,, ia the said county, -yeoxaan; Remember Baker ^ats of ArlingtO'n, in the said county, yeoman ; Robert Cochran, late of Ruport, in the county of Cliarhtte, yeoman ; Peleg Sunderland and Silvanus Brawn, late pf Sacialbpro!ugh, in the same county, yeoman ; James Brackenridge, iat^ of Wallumschack, in the county of Albany, yeoman; and John Smit^, late of Socialborough, yeoraan ; have been principal ring-leaders pf, and actors in, the riots, and disturbances afore said ; and the general assembly have, thereupon, addressed his Excel lency the Governor, to issue a proclamation offering certain rewards for apprehending and securing the said offenders, and for Bringing them and the other perpetrators and authors of the riots tb j ustice : And forasmuch as such disorderly practices are highly criminal jmd destructive to the 46 OONTROVERSY WITH NEW-YORK, peace and settlement of the country, and it is indispensably necessarj for want of process to outlawry (which is not used in this colony) that special provision be made for bringing such offenders, in future,}to jjcial and punishment, without exposing the colony to the expence of extraor dinary rewards and bounties for apprehending such offenders. Be it further enacted hy the authority aforesaid,' That it shall and may be lawful to, and for, his Excellency the Governor, or the Governor and Commander in Chief, for the time being, by, and with, the advice of the council, as often as either of the above named persons, or any other.per- son, shall be indicted in «itbra- of the counties aforesaid, for any offence perpetrated after the pas^g of this act, made capital by this or any other law, or where any person may stand indicted for any qf the offences above mentioned, not made felony by this act, to make his order in council, thereby requiring and commanding such offender or offenders to surrender themselves, respectively, within the space of se venty days next after the first publication thereof, in the New-York Gazette, and Weekly Mercury, to one of his Majesty's justices of the' peace, for either of the said counties respectively, who are hereby requir-^ ed, thereupon, to commit himorfhem, without bail or mainprize, to the goal of the City of New-York, or of the City and County^ of Albany, to ' the end that he or they may: be forth-comftig to answer the offence or ' offences, wherewith he or they shall stand charged, according to the or-; dinary course of the law; which order the clerk of his Majesty's Coun cil, or his deputy, shall cause, forthwith, to be printed and published, in eight successive papers, of the New-York Gazette and Weekly Mercury; ' the two first of which to be, forthwith, transmitted to the sheriffs of the counties of Albany and Cliarlotte; and the said sheriffs, respectively,' shall, within six days after the receipt thereof, cause the sarae printed or-" ders to be affixed upon the door of the court-house of the county of Al-^' bany, and upon the door of the dwell-house of Patrick Smith, Esq.,' where the courts are now usually held for the said coulrty of Charlotte,'^ and upon the doors of two other publie-hoUses in each of their respective counties. And in case the said offenders shall not respectively surrender ' themselves, pursuant to such orders of his Excellency the Governor, or ' of the Governor and Commander in Chief, for the time being, to be made in council as aforesaid ; he or they^ so neglecting or refusing to surrender* himself or themselves as aforesaid, shall, from the day to be appointed ' for his or their surrendry as aforesaid, be adjudged, deemed, ''and (if in- dieted for a capital offence hereafter to be perpetrated) to be convicted ' and attainted of felony, and shall suffer death, as in cases of persons con- ' victed and attainted of felony, by verdict and judgment, without benefit of clergy ; -and that it shall and may be lawful to and for the supreme court of judicature of this colony, or the courts of oyer and terminer, or gaieral goal delivery, for the respective counties aforesaid, to award ex ecution against such offender or offenders, so indicted for a capital offence "" perpetrated after the passing of this act, in such manner as if he or they had been convicted or attainted in the said supreme courts of judicature, or before such courts pf oyer and terminer, or general goal delivery re spectively. And if any offender, being indicted for a lesser ofi'ence, under eiONTROVERSY WITH NEW-lTORK. 47 the degree of felony, shall not surrender himself within thetime fixed by such order, and after such notice aforesaid, he shall thenceforth be deem ed guilty of the offence for Which he may be charged by such indictment ; and it shall be lawful for the court wherein such indictment is found, to proceed to pronounce such judgment against the offender, as might lawfiiUy be done if he Was present in court, and convicted in the ordinary course of the law, of the crime wherewith he shall so stand charged as ajbi-esaid. Provided always, 7- And be it further enacfet^by the same authority aforesaid. That, if any person, so neglecting to surrender himself as aforesaid, within the said seventy days, shall, at anytime after, surrender himself to- the sheriff eS^e City of New-York or Albany, or of the counties of Dutchess or West-Chester, (who are to receive, and safely keep such offenders) and being actually in custody, shall exhibit reasonable proof, to the satisfact ion of the judges of the supreme court of this colony, or either of them, that he was not within either of the said counties of Albany or Charlotte, or within either of the counties of Cumberland or Gloucester, at any time after the publication and notices above directed, and before such surren der of himself as aforesaid ; then such judge before whom such proof is made, shall, forthwith, notify the same in writing, to the sheriff to whom any warrant of execution for the executing such offender, or any other process for any lesser punishment hath been, or may be issued ; and thenceforth such prisoner or offender shall not be Uable to suffer death or any other punishment for not surrendering hunself— Provided also, that no thing in this act contained shall be construed to exempt any offender, so surrendering himself after the seventy days as aforesaid, from any punish ment to which he may be liable for any other crime than for not surren dering himself within the seventy days as aforesaid / nor to deprive any person who shall so surrender himself within the seventy days, from being bailed, in cases where he shall be bailable by law ; any thing herein contained to the contrary thereof, in any wise, nothwithstanding. p. And be it further enacted by the sarae authority aforesaid. That, al? and every person and persons who shall, after the expiration of the tinje to be appointed,, as aforesaid, for the surrender of the respective offenders herein before named, harbour, receive, conceal, abet, or succour ¦such offender, or offenders, knowing him or them to have been required tosurrender himor themselves by such order or orders as aforesaid, and not to have surrendered pursuant thereto, shall, upon conviction thereof, in due form of la,w, suffer the same pains and penalties as are, by this act, inflicted on tiiose whp-shail continue together to the number ofthreeor mprejafter they shall be commanded to depart to their habitation or law ful business, by proclamation as aforesaid. §. And whereas the said county of Charlotte, hath but lately been set pff^^m the said county of Albany, and there is yet no goal or court-house erected within the same ; and a great part of the said county being in volved in a state of anarchy and confusion, by reason of the violent pro ceedings of the aforesaid riotous and disorderly people, from Whence it mffst, at, present, be, extremely difficult, if not impracticaWe, to bring offgiders to, jii jjifce within the said county. 48 CONTROVERSY WITH NEW-YORK. Be it therefore further enacted by the authority aforesaid. That al3 treasons, felonies, crimes, iriisderiieanors and offences whatsoever, at any time heretofore committed or perpetrated, or hereafter to be committed or perpetrated within the said county of Charlotte, shall and may be pro ceeded against and presented by any grand jury forthe county of Albany, frora time to tune, to be impanelled and sworn at any court of criminal jurisdiction to be held in and for the said county of Albany ; who shall and uiay charge any of the said offences to have been committed in any part of the sa.id county of Charlotte ; and all indictments so found 1^ them,' shall be adjudged to be good and valid, notwithstanding that the place of perpetrating any of the said offences be in the said indictments ¦ailedged to be out of the said county of Albany ; and all such pfifences and offenders which shall be presented or indicted as aforesaid, shall' and may be tried within the county of Albany, and by a jui-y thereof, and there heard, determined, and punished in the same manner and form as if such treason, felony, crirae, raisderaeanor or offence, had arisen and been perpetrated within the said county of Albany. 10. Provided always, and be it further enacted. That if, at any time hereafter, the justices to be appointed for holding courts t)f oyer and ter miner, and general goal delivery, for the said county of Charlotte, Jn cases cognizable before them, or the justices of the general session of the peace for the said county of C7tarZo«e, in cases cognizable before them, ^all conceive that any prisoner or offender may be safely brought to jus tice within, and by a jury of, the said county of Charlotte; that then, it shall and may be lawful to and for each of the said courts respectively, to proceed against, and try, such prisoner or offender, having lawfid cog nizance of his cause, within, and by a jury of, the said county of CAar- lotte; and him there to acquit or to sentence, condemn, and punish, as the law directs ; any thing in this act to the contrary thereof notwith standing. 11. And be it further enacted by the authority aforesaid, That this act shall be publickly read in every court of general sessions of the peace, to be held in each of the said counties of Albany and Charlotte, re- ¦ spectively. 12. And. be it further enacted by the authority aforesaid. That this act shall remain and continue in full force and efil'ect, from the passing thereof, until the first day of January, which vrill be in the year ofour Lord, one thousand seven hundred and seventy-six." With the passage of this law, terminated every prospect «f peace, tiar , submission to the claims of New-York. The New-Hampshire grantees regarded it as originating, solely, in the avarice of a set of speculators, who coveted 4ieir lands with their valuable improvements ; and as de signed to terrify thera into subraission. They well knew that the great body of the people of New-York felt no interest in enforcing the claims involved in this controversy. On the contrary, the popular sentiment w^ favorable to the rights of the settlers; and former experience had CONTROVERSY WITH NEW-YORK. 49 pfovedthat die militia of that colony could not be brought to act against them, with any effect. Under such cfrcumstances, the threatenings of that government, so far from inspiring terror, were regarded witii utter contempt ; and instead of palsying, nerved the arm of resistance. Indeed, the idea of submission seems never, for a moraent, to have occupied the attention of the hand ful of brave men against whom these measures were directed. Educated in the school of adversity, and inured to hardship and danger, they met, and sustained the shock, with a firm, unbroken spirit. The following remonstrance, signed by Ethan Allen and others, pre sents, it is believed, a fair specimen of the views and feelings of the great body of the New-Hampshire grantees, at this trying period. "His Excellency, Governor Tryon,in conformity to the addresses of the general asserably of the colony of New-York, having, on the 9th day of March, 1774, with the advice of his Council, issued his proclamation, offering, therein, large sums of money forthe purpose of apprehending and imprisoning the following persons, viz. Ethan AUen, Seth Warner. Rejffiember Baker, Robert Cochran, Peleg Sunderland, Silvanus Broum, James Brackenridge, and James Smith. And whereas his Excellency the Governor, by the same proclamation hath, strictly, enjoined and commanded all nwigistrates, justices of the peace, sheriffs, and other civil officers of the counties of Albany and Charlotte, to be active and vigilant in apprehending and imprisoning the persons above-named ; and we, the aforesaid persons, who have here unto subscribed, being conscious that our cause is good and equitable in the sight of God, and all unprejudiced and honest men, are determined, at all events, to maintain and defend the same, till his Majesty's pleasure shall be known concerning the validity of the New-Hampshire grants And we now proclaim to the public, not only for ourselves but for the New-Hampshire grantees, and occupants in general, that the spring, and moving cause, ofour opposition to the government of New-York, was self- preservation, viz. Firstly, the preservation and maintaining of our pro perty : and secondly, since that government is so incensed against us, therefore it stands us in hand to defend our lives ; for, it appears, by 4 late set of laws passed by the legislature thereof, that the lives and pro perty of the New-Hampshire settlers are manifestly struck at ; but, that the publifctmay righlty understand the essence of the controversy, we now proclaim to those law-givers, and to the world, that if the New-York patentees will remove their patents that have been, subsequently, laped and laid on the New-Hampshire charters, and quietus in our possessions, agreeable to his Majesty's directions, and suspend those criminal prose^ cutions against us for being rioters (as we are unjustly denommated) then -will our settlers be orderly and submissive subjects to government ; but, be it kno-wn to that despotic fraternity of law-makers and law-breakers, that we will not be fooled or frighted out ofour property. They have broke over his Majesty's express prohibitions, in patenting those lands, and when they act in conformity to the regal autboritj^ of Great-Britain, G so CONTROVERSY WITH NEW-YORK. it will he soon enough for us to obey thelrt. It is well known by all wise and sensible persons in the neighbouring governments, (that have ani madverted on the controversy) that their pretended zeal for good order and government, is fallacious, and that they aim at the lands and labours of the grantees and settlers aforesaid ; and that they subvert the good and wholesome laws Of the realm, to corroborate With, and bring about their vile and mercenary purposes. And; inasmuch as the msdignity of their disposition towards us, hath flamed to an immeasurable and inurderbus degree, they have, in their new-fangled laws^ i^alculated for the meridian 'of the New-Hampshire grants, passed the 9th of March^ 1774, so calculated them, as to corres pond with the depravedness of their hiinds and morals ; — ^in them laws, they ha-v-e exhibited their genuine pictures. The emblems of their in satiable, avaricious; Overbearing, inhuman, barbarous, and blood-guilti ness of disposition and intention is therein portraited in that transparent image of themselves, which cannot fail to be a blot, and an infamous re proach to them, to JMSterity. We cannot suppose that every of his Majesty's Council, or that all the members of the general assembly were active in passing so bloody and unconstitutional a set of laws. Undoubt edly, some of them disapproved thereof; and it is altogether possible, that many that were active in making the law, were imposed upon by false representations, and acted under mistalien views of doing honor to government ; bnt be this as it will, it appears that there was a majority. And it has been too much the case with that government, for a number of designing schemers, and land-jockeys, to rule the same. Let us take a view of their former narrow and circumbscribed boimdaries, and how, that by legerdemain, bribery and deceptions pfone sort or other, they have extended their domain far and wide. They have wrangled with, and encroached on their neighbouring governments, ahd have used all manner of deceit and fraud to accomplish their designs : their tenants groan under their usury and oppression ; and they have gained, as well as merited, the disapprobation and abhorence of their neighbours ; and the innocent blood they have ah-eady shed, calls for heaven's vengeance on their guilty heads ; and if they should come forth in arms against US, thousands of their injured and dissatisfied neighbours in the several gov ernments, wiU join with us, to cut off, and extirpated such an execrable race from the face of the earth ! This piece is not supposed to contain a full answer to the new con structed laws aforesaid ; for such a large two year old, hath never before been seen in America, it being of an enorraous and raonstrous birth ; nor is it supposed to give the legislators their full characters : but so much may suffice for the present. To quote the laws, and malce remarks thereon, would be matter sufficient for a volume : however, We will yet make some short observations. 1st. Negatively, it is not a law for the Province of New- York in general, but, 2d. Positively, it is a law but for part of the counties of Cliarlotte and Albany, Vfz.' such parts thereof as arecovered with the New-Hampshire charters ; and itis well known those grants compose but a minor part of. CONTROVERSY WITH NEW-YORK- 51 the inhabitants of the said Province ; and we have no representative in that asserably. The first knowledge we had of said laws, was the com pletion of them ; which informed us, that if we assembled, three or more of us together, to oppose (that which they call legal) authority, we shall be adjudged felons, and suffer the pains of death ; and that same fra ternity of plotters knew, as well as we, and the generality of the people in the adjacent colonies, that they have, for a number of years last past, endeavored to exercise such a course of what they call law, that had they not been opposed by the people of these grants (called tiie mob) in the executing the same, tiiey would, before this time, have been in possession ofthat territory, for which the laws aforesaid are calculated. Therefore the case stands thus : If we oppose civil officers, in taking possession of our farms, we are, by these laws, denominated felons; or if we defend pur neighbours who have been indicted rioters, only for defending our property , we are likeyrise adjudged felons. In fine, every opposition to their raonarchical gpvernment is deemed felony, and at the end of pvery such sentence, there is the word death ! And the same laws fur ther impowered the respective judges, provided any persons, to the num ber of three, or more, that shall oppose any Magistrate, or ol^r ci-vil offi- per, and be not taken, that after a legal warning of seventy days, if they (do not come and yield themselves up to certain officers appointed for thie purpose of securing them ; then it shall be lawful for the judges aforesaid, to award execution of death, the same as though he or they had been con victed or attainted before a proper court of judicature, &c. The candid reader will, doubtiess, observe, that the diabolical design of this law, is to obtain possession' of tiie New-Hampshire grants, or to make the people that defend them, out-laws, and so kill them whenever thev can catch them. Those bloody law-givers know we are necessitated to oppose their ex ecution of law, where it points directly at our property, or give up the ^ame : but there is one thing is matter of consolation to us, viz. that print ed sentences of death will not kill us when we are at a distance ; and if the executioners approach us, they will be as likely to fall victims to death as we : and that person, or country of persons, are cowards jndeed, if they cannot, as manfully, fight for their liberty, property and life, as villains can do to deprive them thereof. The Neio-York schemers accuse us with many things ; part of which are true, and part not. With respect to rescuing prisoners for debt, it is false. As to assuming judicial pcfWers, we have not, except a well-re gulated combination of the people to defend their just rights, may be called so. As to forming ourselves into railitary order, and assuming military commands, the New-ForA; possies, and military preparations, oppressions, ,&c. obliged us to it. Probably Messieurs Duane, Kemp, and Bandar, of New-York, will not discommerid us for so expedient a preparation ; more especially since the decrees of the 9th of March, are'yet to be put in execution : and we flatter ourselves, upon occasion, we can muster as good a regiment of raark's-men and scalpers, as America can afford ; and we now give the gentlemen above-named, together with Mr. Brush, and .Gql. Ten Broeck, and in fine, all the land-jobbers of Neio-York, an invi- 52 CONTROVERSY WITH NEW-YORIiv tation to come and view the dexterity ofour regiment; andwecanntit think 0^ a better time for that purpose, than when the executioners come to kill us, by virtue of the authority their judges have lately received to award and sentence us to death in our absence. There is still one more notable complaint against us, viz. That we have insulted and menaced several magistrates, and other civil officers, so that they dare not execute their respective functions. This is true, so far as it relates to the magis trates. But the public should be informed, what the functions of those magistrates are : — they are commissioned for the sole purpose of doing us all the harm and mischief they possibly can, through their administrar tion and influence ; and that they might be subservient to the wicked de signs of the New-York schemers. These are their functions ; and the public need Ho further proof than the consideration that they are the tools of those extravagant law-makers ; and it must be owned, they acted with great judgment, in choosing the most infernal instruments for their purpose. Draco, the Athenian law-giver, caused a nuraber of laws, (in many respects analogous to those we have been speaking of,) to be written in blood. But our modern Draco's determine to have their's verified in blood. They well know we shall, more than three, nay, raore than three times three hundred, assemble together, if need be, to maintain our com mon cause, till his Majesty determines who shall be and remain the own ers of the land in contest. " Wilt not thou possess that which Chemoth, thy God, giveth thee to possess ?" So will we possess that which the Lord our God (and King) giveth us to possess. And lastly, we address ourselves to the people of the counties of Albany and Charlotte, which inhabit to the westward of, and are situated conti guous to, the New-Hampshire grants. Gentlemen, Friends and Neighbours, Providence having alloted and fixed the bounds of our habitations in the same vicinity, which, together with the intercourse of trade and com merce, hath formed an almost universal acquaintance and tie of friend ship between us, and hath laid such a foundation of knowledge, that your people, in general, ea,nnot but be sensible that the title ofour land is, in reality, the bone of contention ; and that, as a people, we behave ourselves orderly; and are industrious, and honestly disposed; and pay just de ference to order and good government ; and that we mean no more by that which is called the mob, but to defend our just rights and properties. We appeal to the gentlemen merchants, to inform whether our people in general, do not exert themselves to pay their just debts ; and whether ever they have been hindered by the country's mob, in the collection of their dues. But as the magistrates, sheriffs, under sheriffs, coroners, and constables, of the respective coimties, that hold their posts of honor and profit under our bitter enemies, we have a jealousy, that sorae of them may be induced (to recommend themselves to those on whora they are dependant, .and for the wages of unrighteousness, offered by proclamation) to presume to apprehend some of us, or our friends: We therefore, ad vertise such officers, and all persons whatsoever, that we^ire resolved to inflict immediate death on whomsoever may attempt the sarae. And provided any of us or oiu: party shall be taken, and we have not notjce CONTROVERSY WITH NEW-YORK. 63 sufficient to relieve them, or whether we relieve them or not, we are re solved to surround such person or persons, whether at his or their own house.or houses, or any where that we can find him or them, and shoot such person or persons dead. And furtheirriiore, that we will fe7Z and destroy any person or persons whomsoever, that shall presume to be ac cessary, aiding or assisting in taking any of us as aforesaid ; for by these presents we give any such disposed person or persons to understand, that, although they have a licence by the law aforesaid, to kill us ; and an "in demnification" for such murder from the sarae authority ; yet they have no . indemnification for so doing, from the g-reew mountain boys ; for our lives, Uberties and properties, are as verily precious to us, as to any of the King's subjects ; and we are as loyal to his Majesty or his government, as any subjects in the Province : but, if the governmental authority of New-York will judge in their own case, and act in opposition to that of Great-Britain, a,nd insistupon Mllingus, to take possession ofour "vine yards"— come on, we are ready for a game of scalping with them ; for our martial spirits glow with bitter indignation, and consuraate fury, to blast then- infernal projections. It may be, the reader, not having seen the law referred to in this piece, and not being thoroughly acquainted with the long and spirited conflict that hath subsisted between the claimants under New-Hampshire and Neio-York, nor of the progressive, arbitrary, and monopolizing disposi tion of the court party of the latter of those Provinces; may be apt to imagine that the spirit of this writing is too severe, inasmuch as it destines whoever presumes to take us as felons or rioters, to iraraediate death ; but let the wise consider the state of the cause. 1. Provided we on our part be taken, we have by them laws the sen tence of death already pronounced against us, on proviso more than three of us assemble together to maintain and defend our property, till his Ma jesty determines the controversy. And, 2. May it be considered, that the legislative authority of the Province of New-York had no constitutional right or power to make such laws ; and consequently, that they are null and void, from the nature'and ener gy of the English constitution ; therefore as they merit no place among the laws of the realm of Great-Britain, but are the arbhrary league and combination of our bitter and raerciless enemies, who, to obtain our pro perty, have inhumanly, barbEirously, and maliciously, under the specious and hypocritical pretence of legal authority, and veneration for order and government, laid a snare for our lives ; can the pubUc <;ensure us for ex erting ourselves nervously to preserve our lives, in so critical a situation ? For by the laws of the Province, into which we are unfortunately fallen, we cannot be protected in either property or life, except we give up the former to secure the latter ; so we are resolved to maintain both, or to hazard or loose both. Frora hence follows a necessary inference. That inasmuch as our pro perty, nay, our lives, cannot be protected (but manifestly struck at) by the highest authority in the Province to which we, at present, belong ; therefore, in the interun, while his Majesty is determining the controversy, ai^d till he shall interpose his royal authority, and subject the authority 54 CONTROVERSY WITH NE'«'(f-YORK» aforesaid to their duty, or re-annex the district of disputed lands to the Province of New-Hampshire, or some wa.y, in his great wisdom, and fatherly clemency, put the distressd settlers under New-Hampshire, on an equal footing with our brother subjects in his realm ; we are under ne cessity of resisting, even unto blopd, every person who rofty attempt tp take us as felons or rioters as aforesaid ; for in this case it is not resist ing law, but only opposing force by force ; therefore, inasmuch as by the oppresssions aforesaid, the New-Ho^mpshire settlers are reduced to the disagreeable state of anarchy and confusion ; in which state we hope for wisdom, patience and fortitude, till the happy hour hjs Majesty shall graciously be pleased to restore us to the privileges of Englishmen, Signed by ETHAN ALLEN, SETH WARNER, REMEMBER BAKER, ROBERT COCKRAN, PELEG SUNDERLAND, JOHN SMITH, SILVANVS ?RPWN. Bennington, April %6, 177-4. The following lines, composed by Thomas Rowley, distinguished, in those days, for wit and poetry, appear to have been annexed to the fore- gomg. " When Ccesar reigned Kmg at Rome St. Paul was sent to hear his doom ; But Roman laws, in a criminal case, Must have the accuser face to face, Or Ccesar gives a flat denial. - . But here's a law made now of late, Which destines men to awful fate, And hangs and damns without a triaj. Which made me view all nature through. To find a law where men were ti'd. By legal act which doth exact Men's lives before they're try'd. Then down I took the sacred book, And turn'd the pages o'er. But could not find one of this kind, By God or man before." While this controversy was thus advancing, with fearful progress, to a state of general war, the contest between Great-Britain and her American Colonies, was approaching an alarming erisis. So threatening had be come its aspect, that measures were taken for convening a continental Congress ; and, accordingly. Delegates from twelve of the Colonies met at Philadelphia, on the 5th of September, 1774. The meeting of this Congress was followed by an almost universal suspension of the royal authority in the Colonies; and "4he courts of CONTROVERSY WITH NEW-YORK. 55 justice were either shut up, or adjourned, without doing any business."* The first interruption of this kind, in the Colony of New- York, happened in the County of Cumberland,t on the New-Hampshire grants. « The stated session of tiie Court, for that Countyj was to have been holden at Westminster, on the 13th of March, 1775."| The day arrived the Court convened, and the populace assembled. The scene that followed is described in the following document. " A relation of the proceedings of the people of the County of Cumberland, and Province of New-York. In June, 1774, there were sorae letters carae to the supervisors of said county, from the committee of correspondence at New- York, signed by their chairman, Mr. Low; which letters said supervisors, through ignorance ¦, or intention, kept until September, when they had another meeting ; and it ^ is supposed that they intended always to have kept them, and the good people would have remained in ignorance about them until this time, had it not been by accident that it was whispered abroad, so that Dr. Reuben Jones of Rockinghcim, and Capt. Azariah Wright of Westminister heard of it, and took proper care to notify those towns. A meeting was called in the two towns aforesaid, and a committee was chosen by each town, to wait on the supervisors, at their meeting in September, to see if there were any papers that should be laid before the severaJ towns in the *ounty ; and they found that there were papers come from the committee of correspondence, that should have been laid before the towns in June. The supervisors made many excuses for their conduct : some plead ignor ance, atid some one thing, and some another : but the most of thera did Seem to think, that they could send a return to the committee at New- York, without ever lajdng them before their constituents ; which prin- tiple, at this day, so much prevails, that it is the undoing of the people. Men, at this day, are so tainted with the principles of tyranny, that they %^ould fain believe, that as they are chosen by the people to any kind'bf office, for any particular thing, that they have the sole power ofthat people by whom they are chosen, and can act in the name ofthat people in any matter or thing, though it is not in any connection with what they 'were chosen for. But the committees would not consent to have a return hiade, until every town in the county, had Mr. Low's letters laid before them ; which was done, and a county congress was called ; return was made, a committee was chosen to see that it was put in print ; but, through interest, or otherwise, it never was published in any erf the papers. Iramediately after, the people of the county aforesaid received the re- solves of the continental congress. They called a county congress, and did adopt all the resolves of the continental congress as their resblves, proftiiSing religiously to adhere to that agreement or association. There was a committee of inspection moved for, to be chosen by the county, * Williams' history. f The government of New-Yorl: had divided the grani< on the east side of the Moani tain, into two Counties -CumberlancI, at the south, and Gloucester, at the north, -•J WUlianls' history. , 56 CONTROVERSY WiTfl NEW-YORK- according to the second resolve of the association aforesaid: bnf being much spoken against by ajustice and an attorney, and looked upon by them as a childish, impertinent thing, the delegates dared not choose one. At this time there were tory parties forming, although they were under disguise ; and had laid a plan to bring the lower sort of the people into a state of bondage and slavery. They saw that there was no cash stirring, and they took that opportunity to collect debts, knowing that men had no other way to pay thera, than by having their estates taken by execution, and sold at vendue. There were but v,ery few men among us that were able to buy ; and those men were so disposed, that they would take all the world into their own hands, without paying any thing for it, if they could, by law ; which would soon bring the whole country into slavery. Most, or all of our men in authority, and all that wanted court favours, seemed much enraged, and stirred up many vexatious law-suits, and imprisoned many, contrary to the laws of this province, and the statutes of the crown. One man they put into close prison for high /treason; and all that they proved against hira, was, that he said if the \King had signed the Quebec bill, it was his opinion that he had broke )' his coronation-oath. But the good people went smd opened the prison / door and let him go, and did no violence to any man's person or property. Our men in office would say that they did like the resolutions of,the continental congress, and they ought to be strictly adhered to, until our general assembly voted against thera. Then they said, that this would do for the Bay-Province, but it was childish for us to pay any regard to them. Some ofour court would boldly say, that the King had a just right to make the revenue-acts, for he had a supreme power ; and he that said otherwise was guilty of high treason, and they did hope that they would be executed accordingly. The people were of opinion that such men were not suitable to rule over them : and, as the general asserably of this Province would not accede to the association of the continental congress^ the good people were of opinion, that if they did accede to any power frora or under thera, they should be guilty of the breach of the 1 4tfa article ofthat association, and may justly be dealt with, accordingly, by all America. When the good people considered that the general assem- bly were for bringing them into a state of slavery, (which did appear ^lain by their not acceding to the best method to procure their liberties, and the executive power so strongly acquiescing in all that they did, whether it was right or wrong ;) the good people of said county thought it time to look to themselves. And they thought that it was dangerous to trust their lives and fortunes in the hands of such enemies to American liberty ; but more particularly unreasonable that there should be any court held ; since, thereby, we must accede to what our general assem bly had done, in not acceding to what the whole continent had recom- mended; and that all America would break off all dealings and com merce with us, and bring us into a state of slavery at once. Therefore in duty to God, ourselves, and posterity, we thought ourselves under the strongest obligations to resist and to oppose all authority that would not accede to the resolves of the continental - congress. But knowing that many of our court were men that neither feared pr regarded men, we CONTROVERSY WITH NEW^YORIC. 0? thought that it was most prudent to go and persuade the judges to stay at home. Accordingly there were '"about forty good true men went frora Rockingham to Chester, to dissuade Col. Chandler, the chief judge, from attending court. He said he believed it would be for the good of the county not to have any court, as things were : but there was one case of raurder that they must see to, and if it was not agreeable to the people, they would not have any other case. One of the committee told him that the sheriff would raise a nuraber with arms, and that there would be bloodshed. The' Colonel said that he would give his word and honour that there should not be any arms brought against us ; and he would go down to court on Monday the 13th Of March inst., which was the day that the court was to be opened. ,We told him that we would wait on him, if it was his will. He said, that our company would be very agree able ; likewise he returned us his hearty thanks for our civility, and so we parted -with him. We heard from the southern part of the state, that Judge Sabin was very earnest to have the law go on, as well as many petty officers. There were but two judges in the county at that time. Col. Wells being gone to New- York. There was a great deal of talk in what manner to stop the court ; and at length it was agreed on to let the court come together, and lay the reasons we had again.st their proceeding, before thera, thinking they were raen of such sense that they would heai- them. But on Friday, we heard that the court was going to take the possession of the house on the 13th inst., and to keep a strong guard at the doors of said house, that ' we could not come in. We being justly alarmed by the deceit of our court, though it was not strange, therefore we thought proper to get to court before the armed guards were placed ; for, we were determined that our grievances should be laid before the court, before it was opened, On Monday, the 13th of March inst., there were about 100 of us entered the court-house, about four o'clock in the afternoon. But we had but just entered, before we were alarmed by a large number of men, armed with guns, swords, and pistols. But we, in the house, had not any weapons of war among us, and were determined that they should not come in with their weapons of war, except by the force of them. Esq. Patterson came up at the head of his armed company, within about five yards of the doof, and coramanded us to disperse ; to which he got no answer. He then caused the King's Proclamation to be read, qtnd told us, that if we did not disperse in fifteen minutes, by G — d he would blow a lane through us. We told him that we would not disperse. We told them that they might come in, if they would unarm themselves, but not without. One of our men went out at the door, and asked them if they were come for war ; told them that we were come for peace, and that we should be glad to hold a parley with them. At that, Mr. Gale, the clerk of the court, drew a pistol, held it up, and said, d — n the parley with such d d rascals as you are ; I will hold no parley with such d — —d rascals, but by this,— holding up his pistol. They gave us very harsh language, told Us we should be in hell before morning ; but, after a ¦while, they drew a little off from the house, and seemed to be in a consul tation. Three of us went out to treat with tbem ; but the most, or all^ H 58 CONTROVERSY WITH NEW-YORK. that we could get from thera, was, that they would not talk with sucli d d rascals-as we were ; and we soon returned to the house, and they soon went off. Col. Chandler came in, and we laid the case before him, and told him that we had his word that there should not be any arms brought against us. He said that the arms were brought without his consent, but he would go and take them away from them, and we should enjoy the house undisturbed until morning ; and that the court should come in the morn-r ing without arras, and should hear what we had to lay before them ; and then he went away. We then went out of the house and chose a com mittee, which drew up articles to stand for, and read them to the com pany ; and they were voted nem. con. dis. and some of our men went to ih^ neighbours, and as raany as the court and their party saw, they bound. / About raidnight, or a little before, the sentry, at the door, espyed some men with guns, and he gave the word to man the doors, and the walli was crowded. Immediately, the sheriff and his company marched up fast, within about ten rods of the door, and then the word was given, take care, and then, fire. Three fired immediately. The word fire was re peated ; G — d d — n you fire, send thera to hell, was raost or all the words that were to be heard for some tirae : on which, there were several raen wounded ; one was shot with four bullets, one of which went through his brain, of which wound he died next day. Then they rushed in with their guns, swords, and clubs, and did most cruelly maramoc several raore • and took some that were not wounded, and those that were, and crowded them all into close prison together, and told them that they should all be in hell before the next night, and that they did wish that there weye forty more in the same case with that dying man. When they put hira into prison, they took and dragged him as one would a dog ; and would mock him as he lay gasping, and make sport for themselves, at his dying mo tions. The people that escaped took prudent care to notify the people in the county, and also in the government of New-Hampshire, andthe Bay ; which being justly alarmed at such an unheard of and aggravated piece of raurder, did kindly interpose in our favour. On Tuesday the 14th inst. about 1 2 o'clock, nearly 200 men well armed, came frora New-Hampshire government ; and before night there were several of the people of Cumberland county returned, and took up all they knew of, that were in the horrid massacre, and confined them un der a strong guard ; and afterwards they confined as many as they coul4 get evidence against, except several that did escape for their Uves. On the 15th inst. the body formed, chose a moderator and clerk, and chose a committee to see that the coroner's jury of inquest were just, impartial men ; which jury on their oath did bring in, that W. Patterson, &c. &c. did, on the 13th March inst., by force and arms, make an assault on the body of William French, then and there lying dead, and shot him through the head with a bullet, of which wound he died, and not otherwise. Then the criminals were confined in close prison, and, on tiie evening of the same day, and early the next morning, a large number came from the southern part of the county of Cumberiand, and the Bay Province. It is computed, that Ul the whole, there were 500 good martial soldiers, weU CONTROVERSY WITH NEW-YORK. 59 equipped for war, that had gathered. On the i6th inst. the body assem bled ; but being so numerous that they could not do business^ there was a vote passed, to choose a large committee to represent the whole, and that this committee should consist of men who did not belong to the county of Cumberland, as well as ofthose that did belong thereto ; which was done. After the most critical and impartial examination of evidence, voted, that the heads of them should be confined in Northampton jail, till they could have a fair trial ; and those that did not appear so guilty, should be under bonds, holden to answer at the next court of oyer and terminer in the county aforesaid ; which was agreed to. On the 17th inst. bonds were taken for those that were to be bound, and,the rest set out under a strong guard fbr Northampton. We, the committee aforesaid, embrace this opportunity to return our most grateful acknowledgments and sincere thanks to our truly wise and patriotic friends in the government of New-Hampshire and the Massa chusetts-Bay, for their Idnd and benevolent interposition in our favour, at such a tirae of distress and confusion aforesaid; strongly assuring them, that we shall be always ready for their aid and assistance, if by the dispensations of divine providence, we are called thereto. Signed by order of the Committee. REUBEN JONES, Clerk. Cumberland County, March 23d, 1775. Hitherto, the opposition to the claims of New- York had been confined, principally, to the inhabitants on the western side of the mountains. Many of the NeW-Hampshire grantees, in the vicinity of Cbnnecticut River, had surrendered their original charters, and taken new grants under the authority of New- York ; and had, not only submitted, quietly, to the jurisdiction ofthat colony, but stood unconcerned spectators of the controversy in which the settlers, on the western grants, were so deeply involved. They were not, however, indifferent to the policy pursued by Great Britam towards ' her American Colonies. Most of the settlers, on the New-Hampshire grants, were emigrants frora Massachusetts and Connec ticut'; and readily sympathised in the feelings which pervaded those Col onies ; and which, at this period, were spreading, with an astonishing rapidity, through every part of the country. The Provincial Assemblyj of New-York had withholden its approbation of the measures recom-i mended by the Continental Congress ; while those measures had received^- the sanction of every other Colony. These causes, as has been seen in the document just recorded, led the way to an event, which roused a spirit of opposition to New- York, on the eastern side of the mountains. The massacre (as it was called) of the 13th of March, electrified the whole county .of Curaberland : and, as if ¦to give a new impulse to the opposition in tfiat quarter, ,« the principal 60 CONTROVERSY WITH NEW-YORK, persons engaged in that massacre, and who had been confined in the jail at Northampton, were released, on ' application to the chief justice of New- York."* This train of events produced, at length, a general disposition to resist the administration of the government of New-York ;— as will appear by thefoUowing proceedings. At a meeting of Committees appointed by a large body of inhabitants on the east side of the range of Green Mountains, held at Westrain- ster, on the llth day of April, 1775. 1. Voted, That Major Abijah Lovejoy be the Moderator of this meeting. 2. Voted, That Dr. Reuben Jones be the Clerk. 3. Voted, as our opinion. That our inhabitants are in great danger of having their property unjustly, cruelly, and unconstitutionally taken from thera, by the arbitrary and designing administration of the govern ment of New- York ; sundry instances having already taken place. 4. Voted, as our opinion, thatthe lives ofthose inhabitants are in the utraost hazard and imminent danger, under the present administration. Witness the malicious and horrid mcissacre of the night of the 13th ult. 5. Voted, as our opinion. That it is the duty of said inhabitants, as predicated on the eternal and i'nwJti^ito'NfcjOf self-preservation, to wholly renounce and resist the administra!!6ri wl^^overnment of New- York, till such time as the lives and property of those inhabitants may be secured by it ; or till such time as they,, can. have opportunity to lay tiieir grievances before his raost gracious Majesty in Council, together with a proper remonstrance against the unjustifiable conduct ofthat government : with an humble petition, to be taken out of so oppressive" a jurisdiction, and, either annexed to some other government, or erected and incorporated into a new one, as may appear best to. the said inhabitants, to the royal wisdom and clemency, and till such time as his Majesty shall settle this controversy. , , 6. Voted, That Colonel John Hazeltine, Charles Phelps, Esq. and Colonel Ethan Allen, be a Cpmraittee to prepare such (temonstranceand petition for the purpose aforesaid. / It is difficult to conjecture what would have been the issue of this con troversy, had not its progress been suddenly arresffed by the commence ment of the revolutionary war. The events of trae memorable 19th of April, 1775, produced a shock, which was felt tfCi every extremity of the (colonies : and " local and provincial contests wg're,'at once, swallowed up by the novelty, the grandeur, and the importarfce of the contest thus open. ed between Great-Britain and Araerica."t The coraraencement of the war, at this period, led to a train of causes intimately connected with the final independence of Vermont. The at- * Williams' history. t WiUiams' history. CONTROVERSY WITH NEW-YORK. 61 •Tention of New-York was suddenly diverted from the subject of its partic ular controversy, to the liigherone, involving the independence of the whole American coraraunity ; while the final result of the former was necessarily thrown forward to a more distant period. The New-Hamp" shire grantees did not fail to profit by this delay. While they never, for a moment, lost sight of the object for which they had so long contended,- they improved the delay, in the cultivation of a more perfect union, and in a better organization of their strength; while a violent, irritable state of publick feeling, ill calculated to sustain a long conflict, gradually settled down into a more deliberate, but not less decided, hostility to the claims ofNew-York. In this state of things, the inhabitants on the grants soon began to feel their iraportance ; and this flfeling was not a little strengthened by the signal exploit,* which has given the brave Allen and his companions in arms, so distinguished a place in the annals of the revolution. Their frontier situation peculiarly exposed them to the depredations of the enemy. Their own immediate safety, therefore, as well as a strong sym pathy, in the general hostility to the mother country, led thera to take an early, and a distinguished part in the common cause. With New- York, however, they were determined to have no imme diate connection, even in the common defence. Accordingly, on the 17th of January, 1776, the following petition was forwarded to the Con tinental Congress. To the Honourable John Hancock, Esq. President of the Honourable Continental Congress, &c. &c. now assembled at Philadelphia. The humble petition, address, and remonstrance of that part of America, being situate south of Canada line, west of Connecticut River, north of the Massachusetts-Bay, and east ofa twenty mile line from Hudson's River ; commonly called and known by the name of the New-Hamp shire grants, ' . Humbly Sheweth, That your honours petitioners, being fully sensible and deeply affected with the very alarming situation in which the United Colonies are in volved, by raeans of a designing rainistry, who have flagrantly used, and are still using their utraost efforts to bring the inhabitants of'the very ex tensive continent of America into a base and servile subjection to arbi trary power, contrary to all the most sacred ties of obligation by covenant, and the well known constitution by which the British empire ought to be governed. Your petitioners, not to be prolix or waste time, when the whole continent are in so disagreeable a situation, would, however, beg leave to reraonstrate, in as short terras as possible, the very peculiar sit uation in which your petitioners have, for a series of years, been ex ercised, and are still struggling under. Perhaps your honours, or, at *Thc surprise and capture of the Fort at Tyconderoga, on the 9th of May, I77S, 62 ' CONTROVEIISY WITH NEW^YORK, 1 least, some of you, are not unacquainted, that at the conclusion of the last war, the above described pf'emises which your petitioners now inhabit, was deeraed and reputed to be in the province of New -Hampshire, and consequently, within the jurisdiction of the same; whereupon, applica tions were freely- made to Benning Wentv^forth, Esq. then governor of the province of New-Hampshire, who, with the advice of his council, granted, under the great seal of said province, to yoitr honours petitioners, a large nuraber of townships of the contents of six miles square, each ; in conse quence of which, a great number of your petitioners, who were men of considerable substance, disposed of their interest in their native places, and, with their numerous families, proceeded, raany of them, two hun dred miles, encountering many dangers, fatigues, and great hardships, to inhabit a desolate wilderness, which is now become a well settled fronrter to three governments. This was not at all our trouble ; for, soon after the commericement ofthose settleraents, the monopolizing land-traders, of - New- York, being apprised that the province of New-Hampshire had gtahted the said lands, and that settlements were actually making, did present a petition, as we have often heard, and verily believe, in your pe titioners names, praying, that the same lands, granted by New-Hamp shire, might be annexed to the province of New- York, on account of its local and other circumstances, for the benefit of the inhabitants. Your petitioners, nPt being apprised of the intrigue, m this case, were mute. Therefore, as no- objection was made why the prayer of the petition should not be granted, his Majesty was pleased, with advice of council, on the 24th day of July, 1764, to grant the sarae. Iramediately after, the land-traders of New- York petitioned the then governor of that pro vince for grants of lands, sorae part of which had been previously granted" to your petitioners, by the governor and council of New-Harapshire. The dispute then became serious. Your petitioners then petitioned his Ma jesty for relief in the premises. His Majesty was pleased to appoint a Coraraittee, who reported to his Majesty in the premises, and his Ma jesty was pleased to pass order in the following words : At a Court at St. James's, the 24th day of July, 1767. PRESENT, THE KING'S MOST EXCELLENT MAJESTY, Archbishop qf Canterbury, Earl of Shelbume,'' t'^ Lord Chancellor, Viscount Falmouth, Duke of Q^eemshury, Viscount Barrington, Duke ofAncaster, . Viscount Clarke, Lord Chamberlain, Bishop of London, Earl of Litchfield, Mr. Secretary Comeay, Earl of Bristol, Hans Stanly, Esq. His Majestyj taking the said report into consideration, was pleased. with the advice of his privy-council, to approve thereof j and doth here by strictly cha,rge, require, and command, that the governor, or com mander in chief, of his Majesty's province of New- York, for the time being, do not, upon pain of his Majesty's highest displeasure, presume to CONTROVERSY WITH NEW-YORK. 63 make any grant whatsoever, of any part of the lands described in the said report, until his Majesty's further pleasure should be known concerning the same. WILLIAM SHARP. A True Copy, (attest.) GEO, BANYAR, Dep. Sec''ry. The many intervening and unhappy disputes which have since happen ed between those land-traders of New- York and your petitionersj would take up too ranch tirae, under the present situation of public affairs, to re cite ; as Capt. Heman Allen and Dr. Jonas Fay, who we have appointed to present this to your honours, will be furnished therewith, shoiild they find your honours admittance, and such particulars be thought necessary. Let it suffice here, only to mention, that the oppressions from these over grown land-traders of New- York were so- grievous, that your petitioners were again induced, at a great expence, to petition his Majesty ; in con sequence of which, a committee was appointed, and made a report in favour of your petitioners, which is too prolix to be inserted here.* We are called on, this moment, by the Coraraittee of safety for the county of Albany, to suppress a dangerous insurrection in Tryon county. Upwards of ninety soldiers were on their raarch, within twelve hours after their receiving the news ; all inhabitants of one town, inhabited by your peti tioners, and all furnished with arms, ammunition, accoutrements, amj provisions, &c. Again, we are alarmed by express from gen. Wooster, commanding at Montreal, with the disagreeable news of the unfortunate attack on Quebec, (unfortunate indeed, to lose so' brave a commander) requiring our immediate assistance by troops ; in consquence of which a considerable number iraraediately raarched for Quebec, and raore are daily following their example. ..,- Yet, while we, your petitioners, are thus earnestly engaged, we beg leave to say we are entirely willing to do all in our power in the general cause, under the continental congress, and have been, ever since the taking Tyconderoga, &c. in which your petitioners were principally acti-jfe, un- der Col. Ethan Allen ; but are not willing to put ourselves under the 1 honourable provincial congress of NewrYork, in such a manner as might, in future, be detrimental to our private property ; as the oath to be ad-r | ministered to those who are, or shall be, entrusted with comraissions from said congress, and the association agreed upon by the same authority, together with some particular restrictions and orders for regulating the militia of said province, if conformed to by the inhabitants of said New- Harnpshire grants, will, as we apprehend, be detrimental to your petition ers, in the determination of the dispute now subsisting between said in habitants and certain claimants under said province of New- York j and that your petitioners' ardent desires of exerting themselves in the present struggle for freedom jnay not be restrained, and that we might engage in the glorious c&use, without fear of giving our opponents any advantage in the said land dispute now subsisting, which we would wish should lie dormant, until a general restoration of tranquility shall allow us the op portunity for an equitable decision of the same. Another reason that much hinders ourjoining hand and hand with New-Xork; pvernmentj * Fcr this report, see page 38. #4 CONTROVERSY WITH NEfW-YORK. in the general Cfiuse, is, they will not own ns in our property ; but, oi' the contrary, the judges of the suprerae court for said province have ex- pressely declared the charters of our'lands, deeds, &c. to be null and void. Therefore,iwe, your honours burable petitioners, most earnestly pray ypur.honpurs to take our case into your wise consideration, and order^ that, for the future, your petitioners shall do duty in the continental ser vice, if required, as inhabitants of said New-Harapshire grants, and not as inhabitants of the province of New- York, or subject to the limitations, restrictions, or regulations of the raiUtia of said province ; and that cora- missions, as yoiur honours shall judge raeet, be granted accordingly : — andjas in duty bound, your honours petitioners shall ever pray. At a meeting of the representatives of the different towns on the New- Hampshire grants, legally warned and convened, at the house of Cephas Kents, inn-holder in Dorset, on the 1 6th day of January, 1776; Capt. Joseph Woodward, chairman. Dr. Jonas Fay, clerk.^ ^This meeting, after due consideration, agreed to prefer to the honourable continental congress a humble petition, setting forth the peculiar circumstances of this part of the country. Accordingly a Committee was appointed to draw up the same, who drew up the foregoing, and reported to the house in the evening. The clerk read the sarae in his place, and afterwards delivered it in at the table. The house adjourned till to-morrow, nine of the clock, 17th Januai-y. Met according to adjournment; the said petition being a second time read, was agreed to by the whole house. Then Lieut. James Brakenridge and Capt. Heman Allen were nominated to prefer the said petition: the vote was called; passed in the affirma tive nem. com. Then Dr. Jonas Fay was norainated ; the vote called, passed in the affirmative nem. con. JOSEPH WOODWARD, Chairman. (A True Copy) JONAS FAY, Clerk. The following are the resolutions of Congress, on the subject of the foregoing petition. "The Committee, to whom the petition, address, and remonstrance of persons inhabiting that part of America, which is commonly called and known by the name of the New-Hampshire grants, was referred, have ex amined the matter thereof, and come to the following resolution there upon : Resolved, That it is the opinion of this Committee, that it be recom mended to the petitioners, for the present, to submit to the government of ^ew'Ybrk, arid contribute their assistance, with their countrymen, in the contest between Great-Britain and the United Colonies ; but that such s-jbmission ought not to prejudice the right of them or others to the lands in controversy, or any part of them ; nor be construed to affirm or admit the jurisdiction of New- York in and over that country ; and when the present troubles are at an end, the final deterramation of their right may be mutually referred to proper judges. In Congress, June 4th, 1776. Resolved, That Heman Allen have leave to withdraw the petition by him deUvered inbebalf of the inhabitants of the New-Hampshire CONTROVERSY WITH NEW-YORK, 65 -gi-ants, he representing that he has left at home some papers and vouchers, necessary to support the allegations therein contained. , Extracts from the minutes, THO. EDISON,/or .- CHAS. THOMPSON, Sei^y^ Hitherto, the settlers, on the New-Hampshire grants, not having been recognized by the crown as holding a separate jurisdiction, nor invested with separate powers, had not enjoyed the benefit ofa regular organiza tion, under which they could act with system and effect. They, there fore, had no rallying point, and no bond of union, save acomraon interest to resist the claims of New- York. The same necessity, however, which drove them to resistance, operated tp give the effect of law, to the recom mendations of their committees and conventions ; while a few bold, daring spirits, as if formed for this very occasion, gave impulse and ener gy and system to their operations. A better organization was obviously needed, to sustain a protracted conflict. Thus situated were the people on the grants, when Congress, on the 4th of July, 1776, published to the world, the memorable declaration of American Independence. By the sudden change thus produced in the relations between Great-Britain and her Colonies, the New-Hampshire grantees were left in a situation, somewhat peculiar. They had, as we have seen, originally purchased their lands under royal grants from the Governor of New-Hampshire. New- York claimed the jurisdiction, and the right of soil. The settlers had petitioned the crown for redress ; and while they were encouraged with indications of a decision favorable to their claims, the connexion between the crown and the contending parties was suddenly dissolved. There no longer remained, therefore, any earthly power, recognized by the parties as a. superior, possessmgthe right of deciding the controversy. TWs state of things could not fail to suggest to the settlers, the right and expediency of declaring themselves independent. Having never submitted to the claims of New- York, and no longer acknowledging allegiance to the crown, they considered that the time had arrived when a regard to theu- own safety required, and justice sanctioned, their as sumption of the powers of self-government. To ascertain the state of publick sentiment on this subject, measures were taken for calling a convention. Circular letters were addressed to the different towns, and delegates were appointed ; who raet at Dorset^ on the 24th of July, 1776. There are no documents to be found, which foraish a particular account of tbe proceedings at this meeting. Jt was 1 66 CONTROVERSY WITH NEW-YORKj a^otimedtb the 25tli of i^ptember foUowhig ; when it again met, at the same place. The following document furnishes an account of the pro-- ceedings. NEW-HAMPSHIRE GRANTS. Cephas Kent's, Dorset, September 25, 1776,. At a general 'convention of the several delegates frora the towns on the west side of the range of Green Moiratains, the 24th day of July last, consisting of fifty one members, representing thirty-five to-wns, and holden this day by adjournment, by the representatives on the west and east side of the range of Green Mountains ; the following members being present at the opening of the meeting, viz. Capt. Joseph Bowker, in the Chair — Dr. Jonas Fay, Clerk. ' Towns. Pownall, Penning ton, Shafts- bury, Sunder land^ Manches ter, Dorset, JRupert, Pawlet, • Wells, Towns. Delegates. T, ,. f Mr. Nehemiah How, . ^""''"^^'^Mr.-Wm.Ward. Castleton, Capt. Jos. Woodward. Bridport, Mr. Samuel Benton. Addison, Mr. David -Vallance. ' Stanford, Mr. Tho. Morgan. Williston, Col. Tho. Chittenden. Colchester, Lieut. Ira Allen. Middlebury, Mr. Gamaliel Painter. , Burlington, Mr. Lemuel Bradley. ''-"=. I sniZ'aS'fi.. WaUingford, Mr. Abm. Ives. ~ Capt. Eben. AUen, Maj. Tho. Rice. Capt. Micah Veal, Mr. Wm. Gage. Panton, Mr. John Gale. Bromley, Capt. Wm. iJlly. Col. Seth Warner and Capt. man Allen, present. Delegates. ? Capt. Samuel Wright, \ Dr. Obadiah Dunham. Mr. Sim. Hatheway, Dr. Jonas Fay, Capt. John Burnhara, 'Nathan Clark, Esq. Maj. Sara. Safford, I Col. Moses Robinson. ~ Maj. 'Jeremiah Claik, John Burnhara, sen. Lieut. JoS. Bradley, Col. Tim. Brownson, Col. Wm. Marsh, Lieut, Martin Powell, Lieut. Gid. Orrasby. Mr. John Manley, Mr. Abm. Underbill. Mr. Reub. Harmon, Mr. Amos Curtis. Capt. Wm. Fitch, Maj. lloger Rose. Zaccheus Mallery, Ogden Mallery. Members from ihe East side of the Green Mountain. Tinmouth, j Danby, Hei Towns. ^Delegates. Marlboro', Capt. F. Whittemore. "• Col. Benj. Carpenter, \ Maj. Jn. Shepherdson, Mti Eben. Hoisington I Mr. Edward Aikens, I Ci)l. James Rogers. Towns. Delegates. Rockingham, Dr. Reuben Jones. -, Dummer^ 1 Mr. Joseph Hildrick, ston, ^ Lt. Leonard Spalding. Wesimin- V Mr. Joshua Webb, ster, 5 ^*than Robinson, Esq. Hallifax, Col. Benj. Carpenter. Wilminglbh tad Cumberland were represented by letters from some of the principsd inhabitants. Guilford, Windsor, Kent, CONTROVERSY WITH NEW-YORK. 67 Voted, That the association, heretofore, entered into, and subscribed by the members of this convention, copies of which have been distributed jn order to obtain signers to the same, should be returned to the clerk of this convention by the delegacies to attend from each town, at their next session. It was also resolved by this convention, to take suitable mea sures, as soon as may be, to declare the New-Harapshire grants a free and separate district This vote passed without a dissenting voice. On the report of a sub-committee from this convention, consisting of seven members, amongst whom were Col. Thomas Chittenden, Dr. Jonas Fay, Ira Allen, and others, and which report was accepted by tho convention, the following covenant or compact being drawn up by a committee, and exhibited in the following words, was unanimously agreed to by the con vention, viz. Whereas this convention has, for ,a series of years last past, had under their particular consideration the disingenuous conduct of the colony (^now state) of New- York, towards the inhabitants ofthat district of land, com monly called and known by the name of the New Hampshire grants, and the several illegal, unjustifiable, as well as unreasonable measures they have pursued, to deprive, by fraud, violence and oppression, the said inhabitants of their property, and in particular their landed interest : and whei-eas this convention have reason to expect a con-.inuance of the same kind of disingenuity, unless some effectual measures be pm-sued to form the said district int^ a separate one from that of New- York. And whereas it appears to this convention, that, for the foregoing rea sons, together with the distance of road wiiich lies between this district and New- York, that it will be very inconvenient for those inhabitants to associate or connect with New- York for the tirae being,'either directly or indirectly. Therefore this convention being fully convinced, that it is absolutely necessary that every individual in the United States of America should exert themselves to the utmost of their abilities in the defence of the liber ties thereof ; therefore, that this convention may the better satisfy the public of their punctual attachment to the said common cause at pre sent, as well as heretofore, we do make and subscribe the following covenant, viz. We, the subscribers, inhabitants ofthat district of land commonly called and known by the name of New-Hampshire grants, being legally delegated and authorised to transact the public and political affairs of the aforesaid district for ourselves and constituents, dp solemnly covenant and engage, that, for the time being, we will strictly and religiously ad here to the several resolves of this or a future convention, constituted on said district by the free voice of the friends to American liberties, which shall not be repugnant to the resolves of the honourable the Continental Congress relative to the cause of America." On the 1 5th of January, 1777, the Convention again met, at Westmin ster ; and after ranch dehberation, carae to the important resolution to declare the New-Hampshire grants a free and independent State. The following is a journal of the proceedingsj 68 CONTROVERSY WITH NEW-YOR& NEW-HAMPSHIRE GRANTS, Westminstek ComtT-Hovst!, January 15th, 1777. Convention opened according to adjournment. Present the followingf members : Captain Joseph Bowker, in the Chair. 1st. Voted Doctor Reuben Jones, Clerk pro tempore. Townshend, Capt. Sam. Fletcher, Chester, Col. Thomas Chandler, Rocking- ? Dr. Reuben Jones, ham, 5 Lieut. Moses Wright, Windsor, Mr. Eben. Hosington, Hartford, Mr. Stephen Tilden, Woodstock, Mr. Benj. Emriionds, ,T • r ? Mai. Tho. Moredock, Norwich, J-n/f-'i uTJ..„ • ' y, Mr. Jacob Burton, Pom- ? By a letter from said town, fret, 5 voting for a new state. Barnard, By ditto and ditto. Royalton, By ditto and ditto. « . J Nathaniel Clark, Esq. Benning- f Capt. John Burnham, '"'*' ) Mr. Nathan Clark, jun. Manchester, Lieut. Martin Powell, Castleton, Captain John Hall, Williston, Col. Tho. Chittenden, Colchester, Captain Ira Allen, T, ., J ? Capt. Joseph Bowker, Rutland, I (.g^^^j^ jjgj^^„ ^yg„^ Dummer- 7 Lt. Leonard Spalding, ston, 5 Lt. Dennis Lockland^ Westmin- 1 Nathan. Robinson Esq. ster, 5 Mr. Joshua Webb, 2d. Voted to adjourn this convention to eight o'clock to morrow morn ing, at this place. Thursday eight o'clock, convention opened according to adjournment. Major Joseph Williams, and lieutenant Nathaniel Selley, from Pownal, took their seats, Sd. Voted, That Doct. Reuben Jones, be an assistant clerk to Capt. Jra Allen, at this time being present. 4th. Voted, That Liedt. Leonard Spalding, Mr. Ebenezer Hosington, and Major Thomas Moredock, be a committee to examine into the num bers that have voted for the district of the New-Hampshire grants to be a separate state from New- York, and how many are known to be against it ; and make report to this convention as soon as may be. Report of said committee : — " We find by examination, that more than three fourths of the people in Cumberland and Gloucester counties that have acted, are for a new state ; the rest we view as neuters. By order of Committee, EBENEZER HOSINGTON, Chairman." 5th. Voted to adjourn this convention one hour, at this place. Con vention opened at tirae and place. 6th. Voted, N. C. D. That the district of land coramonly called and known by the name of New-Hampshire grants, be a new and separate state ; and for the future conduct themselves as such. 7th. Voted, That Nathan Clark, Esq. Mr. Ebenezer Hosington, Capt." John Burnhara, Mr. Jacob Burton, and Col. Thomas Chittenden, be a committee to prepare a draught for a declaration, for a new and separate state ; and report to this convention as soon as may be. 8th. Voted, That Captain Ira Allen, Col. Thomas Chandler, Doctor Reuben Jones, Mr. Stephen Tilden, and Mr. Nathan Clark, jun. be a committee to draw a plan for further proceedings ; and report to tins convention as soon as may be. CONTROVERSY WITH NEW-YORBf. 69 9tn. Voted to adjourn this convention to eight o'clock to-morrow morning, at this place. Friday morning, convention opened according to adjoummefttj, )¦ The committee appointed to bring in a draught of a declaration, setting forth the right the inhabitants ofthat district of land, commonly called and known by the name of the New-Hampshire grants, have, to form them selves into a state or independent government, do make the following re port to the honorable convention convened at Westminster, January 15th, A. D. 1777, viz. " To the honorable convention of representatives frora the several towns on the west and east side of the range of Green Mountains, within the New-Hampshire grants, in convention assembled. Your committee to whom was referred the form ofa declaration, setting forth the right the inhabitants of said New-Hampshire grants have, to form themselves into a separate and independent state, or government, beg leave to report, viz.' Right 1. That whenever protection is withheld, no allegiance is due,, or can of right be demanded. 2d. That whenever the lives and properties ofa part of a coraraunity, have been raanifestly aimed at by either the legislative or executive au thority of such community, necessity requires a separation. Your com mittee are of opinion that the foregoing has, for raany years past, been the conduct of the raonopolizing land claimers of the colony of New- York ; and that they have been not only countenanced, but encouraged, by both the legislative and executive authorities of the said state or colony. Many overt acts in evidence of this truth, are so fresh in the minds of the merabers, that it would be needless to name them. And whereas the Congress of the several states, did, in said Congress, on the fifteenth day of May, A. D. 1776, in a similar case, pass the follow ing resolution, viz. ." Resolved, That it be recomraended to the respect ive assemblies and conventions of the United Colonies, where no govern ment, sufficient to the exigencies of their affairs, has been, heretofore, established, to adopt such government as shall, in the opinion of the repre sentatives of the people, best conduce to the happiness and safety of their constituents in particular, and of America in general."^— Your committee, having duly deliberated on the continued conduct of the authority of New- York, before recited, and on the equitableness on which the aforesaid re solution of Congress was founded, and considering that a just right exists in this people to adopt measures for their own security, not only to enable them.to secure their rights against the usurpations of Great-Britain, but also against that of New- York, and the several other governraents claim- ingjurisdiction in this territory, do offer the following declaration, viz. " This convention, whose merabers are duly chosen by the free voice of their constituents in the several towns, on the New^Hampshire grants, in public meeting assembled, in our own names, and in behalf of our con stituents, do hereby proclaim and publicly declare, that the district of territory, comprehending and usually known by the name and description of the New Hampshire grants, of right ought tobe, and is hereby declared forever hereafter to be considered, as a free and independent jurisdiction, or state; by the name, and forever hereafter tobe called, known, and 70 CONTROVERSY WITH NEW-YORK. ^stinguished by the name of New-Connecticut, alias Vermont : AnS that the inhabitants that at present are, or that may hereafter become resident, either by procreation or emigration, within said territory, shall be entitled to the sarae privileges, immimities, and enfranchiseraents, as are allowed ; and on such condition, and in the same manner, as the present inhabitants, in future, shall or raay enjoy ; which are, and forever shall be considered to be such pri-viliges and immunities to the free citizens and denizens, as are, or, at any time hereafter, may be allowed, to any such inhabitants of any of the free and independent states of Araerica : And that such privi leges and iraraunities shall be regulated in a bill of rights, and by a form of government, to be established at the next adjourned session of this convention," 10th, VotedjN. C. D. to accept of the above declaration. " To the honorable the chairman and gentlemen of the convention, your committee appointed to take into consideration what is further ne cessary to be transacted at the present convention, beg leave to report, viz. That proper inforraation be given to the honorable Continental Con gress of the United States of Araerica, of the reasons, why the New- Hampshire grants have been declared a free state, and pray the said Coi^ress to grant said state a representation in Congress ; and that agents be appointed to transfer the same to Congress, or the committeee be filled up that are already appointed, and that a coraraittee be appointed to draw the draught : That a committee of war be appointed on the east side of the mountains, to be in conjunction with the committee of war on the west side of the raountains, to act on all proper occasions : That some suitable raeasures be taken to govern our internal police for the time being, until more suitable measures can be taken : that some suitable way be taken to raise a sum of money, to defray the expences of the agents that are to go to Congress ; and for printing the proceedings of the convention, which, we are of opinion, ought to be printed. All whiehis humbly sub mitted to the convention, by your committee. By order of Committee, THOMAS CHANDLER, Chairman." llth. Voted, N, C, D, to accept the above report. Having made some other regulations, on January 22d,the convention adj ourned to Windsor, to meet on the first Wednesday in June. J7ie Dedaration and Petition of the Inhabitants of the New- Hampshire Grants, to Congress, announcing the District to be a Free and Independent State. To the honorable the Continental Congress. The declaration and petition ofthat part of North America, situate south of Canada line, west of Connecticut river, north of the Massachusetts Bay, and east of a twenty mile line from Hudson's river, containing about one hundred and forty four townships, of the contents of six miles square, each, granted your petitioners by the authority of New-Hampshire, be sides several grants made by the authority of New-York, and a quantity of vacant land, humbly sheweth, CONTROVERSY WITH NEW-YORK. 7 I That your petitioners, by vutue of several grants made them by the authority aforesaid, have, many years since, with their families,, becorae actual settlers and inhabitants of the said described premises ; by which it is now become a respectable frontier to three neighboring states, and is of great importance to our comraon barrier Tyconderoga ; as it has fur nished the array there with much pro-visions, and can muster more than five thousand hardy soldiers, capable of bearing arms in defence of Ame rican liberty : That shortly after your petitioners began their settlements, a party of land-jobbers in the city and state of New- York, began to claim the lands, and took measures to have them declared to be within that jurisdiction : That on the fourth day of July,. 1764, the king of Great-Britain did pass an order in council,, extending thejurisdiction of New-York govern ment to Connecticut river, in consequence of a representation made by the late lieutenant governor Colden, that for the convenience of trade, and administration of justice, the inhabitants were desirous of being an nexed to that state : That on this alteration of jurisdiction, the said lieutenant governor Colden did grant several tracts of land in the above described limits, to cer tain persons living in the state of New- York, which were, at that time, in the actual possession of your petitioners ; and under color of the lawful authority of said state, did proceed against your petitioners, as lawless in truders upon the crown lands in their pro-vince. This produced an ap plication to the king of Great- Britain from your petitioners, setting forth their claims under the government of New-Hampshire, and the d&turb- ance and interruption they had suffered from said post claimants, under New- York. And on the 24tb day of July', 1767, an order was passed at St. James's, prohibiting the governors of New- York, for the tirae being, from granting any part of the described preraises, on pain of incwring his Majesty's highest displeasure. Nevertheless the same lieutenant governor Colden, governors Dunmore and Tryon, have, each and every of them, in their respective turns of administration, presumed to violate the said royal order, by making several grants of the prohibited premises, and countenancing an actual invasion of your petitioners, by force of arms, to drive them off from their possessions. The violent proceedings, (with the solemn declaration of the supreme court of New- York, that the charters, conveyances, &c. of your petition ers' lands, were utterly null and void) on which they were founded, re duced your petitioners to the dsagreeable necessity of taking up arms, as the only means left for the security of their possessions. The conse quence of this step was the passing twelve acts of outlawry, by the legis- iatute of New-York, on the ninth day of March, 1774 ; which were not intended for the state in general, but only for part of the counties of Al bany and Charlotte, viz. such parts thereof as are covered by the New- Hampshire charters. Your petitioners having had no representative in that assembly, when these acts were passed, they first came to the knowledge of thera by pub lic papers, in which they were inserted. By these, they were informed, that if thret of taare of theoa assemhled together tp oppose what said as- t2 Controversy with new-york. sembly called legal authority, that such as should be found Sissembledj Jo the number of,thr£P or more, should be adjudged felons : And that, in case they or any of them, should not surrender himself or themselves to certain officers appointed forthe purpose of securing them, after a warn- ingof seventy days, that then it should be lawful for the respective judges of the supreme court of the province of New- York, to award execution of Death, the same as though he or they had been attainted before a proper court of judicatory. These laws were evidently calculated to intimidate your petitioners into a tame surrender of their rights, and such a state of vassalage, as would entail misery on their latest posterity. It appears to your petitioners, that an infringement on their rights, is still meditated by the state of New-York ; as we find that in their general convention at Harlem, the second day of August last, it was unanimously voted, "That all quit rents, forraerly due and owing to the crown of Great-Britain within this state, are now due and owing to this conven tion, or such future government as may hereafter be established in this state." By a submission to the claims of New- York, your petitioners would be subjected to the payment of two shillings and six pence sterling on every hundred acres annually ; which, compared with the quit-rents , of Livingston's PhilUps's, and Ransalear's manors, and many otiier enormous tracts in the best situations in thestate, would lay the most disproportion ate share of the public expense «> your petitioners, in all respects the least able to bear it. < , ' ^ The convention of New- York have now nearly completed a code of laws, for the future governraent" of that state ; which, should they be at- terapted to be put in execution, will subject your petitioners to me fatal necessity of opposing thera by eve^ means in their power. When the 'declaration of the honorable the Continental Congress, of the fourth of July last p'Eist,' reached your petitioners, they communicated it throughout the whole of their .'district ; and being properly apprized of the proposed meeting, delegates from the several counties and towns in the district, described in the preamble to this petition, did meet at Westminster in said district, and after several adjournments forthe pm-- pose of formirig themselves ' into a distinct and separate state, did make and pubUsh a declaration, " that they would, at all times thereafter, con sider themselves as a free and independent state, capable of regulating their own internal police, in all and every respect whatsoever ; and that the people, in the said described district, have the sole, exclusive right of governing themselves in such a manner and form, as they, in their wis dom, should choose ; not repugnant to any resolves of the honorable the Continental CongresSt " And for the mutual support of each other in the maintenance of the freedom and independence of said district or separate state, the said delegates did jointly and severally pledge themselves to each other, by all the ties that are held sacred among men, and resolve and declare that they were at all times ready, in conjunction with their brethren of the United States, to contribute their full proportion towards maintaming the present just war against the fleets and armies of Grea*;- Britajn. controversy WITH NEW-YORK. 73 To convey this declaration and resolution to your honorable body, the -grand representative of the United States, were we (your more iraraediate petitioners) delegated by the united and unanimous voices of the repre sentatives of the whole body of the settlers on the described premises, in whose name and behalf, we humbly pray, that the said declaration raay be received, and the district described therein be ranked by your honors^ among the free and independent American states, and delegates there from adraitted to seats in the grand Continental Congress ; - and your pe titioners as in duty bound shall ever pray, New-Hampshire Grants, Westminster, Jan. I5th, 1777. 1 JONAS FAY, Signed by order, and in be- I THOMAS CHITTENDEN, half of said inhabitants, ( HEMAN ALLEN, 3 REUBEN JONES. Vermont, at this period, possessed statesmen of no ordinary character : and to their wisdom and decision and firmness, at this moraentous crisis, ¦Js she indebted for her independence. No measure could have been more wisely chosen, than the one we have just recorded. It placed Vermont on high and commanding ground ; and, by a manly, able exposition of her ri^ts, inspired the confidence of others, while it increased her con fidence in herself. The appeal was too powerful, and accorded too well with the prevailing sphit of the times, not to meet the approbation of the neighboring colonies. New-Yoric was indignant at these proceedings. Considering her juris diction as rightfully extending over the New-Hampshire grants, she view ed the inhabitants as her subjects, a.nd their conduct as treason and re- hellion. With these views, the convention ofthat state proceeded to lay flie case before Congress ; as appears by the following communications. Letter from A. Ten Broeck, President of the Convention of New-York, to the President of Congress, Jan. 20, 1777. sm, I am dfrected by the committee of safety of New- York, to inform Con gress, that by the arts and influence of certain designing men, a pait of this state hath been prevailed on to revolt, and disavow the authority of its legislature. It is our raisfortune to be wounded so soon, sensibly, while we are making our utmost exertions in the comraon cause. The -various evi dences and inforraations we have received, would lead us to believe, that persons of great influence in some of our sister states, have fostered and fomented these divisions, in order to dismember this state at a time when, by the inroads of our common enemy, we were supposed to be incapaci tated from defending our just claims : but as these informations tend to -accuse some members of your honourable body of being concerned M^^fe scheme, de cency obli.ge6 us to suspend owr b^ef. 74 controversy wn*H new-york. The Congress will, doubtless, remember, that so long ago as in th^ month of July last, we complained of the great injury done us by appoint ing officers within this state, without our consent or approbation. We could not then, nor can we now, perceive the reason of such disadvantage ous discrimination between this state and its neighbours. We have been taught to believe, that each of the United States is entitled to equal rights : in what manner the rights of New- York have been forfeited, we are at a loss to discover. Although we have never received an answer to our last letter on this subject, yet did hope that no fresh ground of complaint would have been offered us. The convention are sorry to observe, that by conferring a commission upon Col. Warner, with authority to name the officers of a regiment to be raised independent of the legiskrture of this state, and within that part which hath lately declared an independence upon it, congress hath given but too much weight to the insinuations of those who pretend, that your honourable body are determined to support these insurgents ; especially as this Col, Warner hath been constantly and invariably opposed to the legislature of this state, and hath been outiawed by the late government thereof. However, confiding in the honour and justice of the great coun cil of America, hope that you have been surprised into this measure. By order of the house, Sir, I inclose you fheir resolution upon the im portant subject of this letter ; and I'm fiirtiierto observe, that it is abso lutely necessary to i-ec4l the commissions given to Col. Warner and the officers under him ; as nothing else will do justice to us, and convince these deluded people, that Congress have not been prevailed on to assist in dismembering a state, which, of all others, has sufiered most in the comraon cause. The King of Great-Britain hath, by force of arms, taken from us five counties ; and an attempt is made, in the midst of our dis tresses, to purloin frora us three other counties. We must consider the persons concerned in such designs, as open enemies of this state, and, in consequence, of all America. To maintain our jurisdiction over our own subjects, is become indispensibly necessary to the authority of the con vention ; nor will any thing less, silence the plausible arguments, by which the disaffected delude our constituents, and alienate them from the comraon cause. On the success ofour efforts in this respect, depends, too probably, even the power of the convention. It is' become a comraon remarit in the mouths of our most zealous friends, that if the state is to be rent asun der, and its jurisdiction subverted, to gratify its deluded and disoMerly subjects, it is a folly to hazard their lives and fortunes in a contest which, in every event, must terminate in their ruin. 1 have the honour tobe, with great respect, your most obedient and very humble servant, (By order,) „ ^ A. TEN BROECK, P- Hon. John Hancock, Esq.Fresident,^c. CONTROVERSY WITH NEW-YORK. 75 Letter from A. Ten Broeck, Esq. President of the Convention of New-York, to tlie President of Congress., March 1, 1777' SIR, » The inclosed letters and resolutions were proposed some time since ; but for reasons with which you need not be troubled, were delayed^ — some late proceedings of die disaffected within this state, occasions their now being transmitted, I am directed to inforra you, that the convention are engaged in estab lishing a firra and perraanent system of government. When this ira- portant business is accomplished, they will dispatch a satisfactory state of their boundaries, and the principles on which they are founded, for the inforraation of Congress. In the meantime, they depend upon the justice of your honourable house, in adopting every wise and salutary ex pedient to suppress the mischiefs which raust ensue to this state and the general confederacy, from the unjust and pernicious project of such of the inhabitants of New- York as, merely, from selfish and interested mo tives, have fomented this dangerous insurrection. The Congress may be assured, that the spirit of defection, notwithstanding all the arts and violence of the seducers, is, by no means, general. The county of Glou cester, and a very great part of Cumberland and Charlotte counties, con tinue stedfast m their allegiance to this government. Brigadier Gen. Bayley's letter, a copy of which is inclosed, will be a sufficient proof of the temper of the people of Gloucester county. Charlotte and Cumber land continue to be represented in convention ; and, from very late in formation, we learn, that out of eighty merabers which were expected to have attended the raock convention of the deluded subjects "of this state, twenty only attended. We are informed by good authority, that Col. Warner was directed by the general, to send forward his men, as he should enlist them, to Tycon deroga ; notwithstanding which, it appeared, by a return from thence, not long since, that only twenty four privates had reached that post ; nor is there the least prospect of his raising a number of men which can be an object of public concern — though, instead pf confining himself to the Green Mountain, as we understand, was the intention of the honourable Congi-ess, he has had the advantages of recruiting in Albany and other places. The convention beg to know what pay tiie honourable Congress have allowed' for the officers and privates of the troops of horse, who were era- ployed the last camgaign, in the service of the United States. 1 have the honour to be, with great respect. Sir, your raost obedient servant, (By order,) A. TEN BROECK, P. Hon. John Hancock, Esq. President, S{c. "The proceedings of Vermont had now assumed a regular form and becorae an object of general attention."* To encourage the people to maintain the ground they had taken, and proceed to the organization of »•¦ Wi)li-dm!. 76 GONTRbVERlY WITH NE'V^'-YORX; a government, Thoraas Young, a distinguished citizen of Phifadelphift.,, published an address to the people of Vermont ; of which the following is an extract. To the Inhabitants of Vermont, a Free and Independent State^ bounding on the River Connecticut and Lake Champlain. Philadelphia, April 11, 1777- Gentlemen, Numbers of you are knowing to the zeal with which I have exerted myself in your behalf, from the benning of your struggle with the New- York monopolizers. As the Supreme Arbiter of right has smiled on the just cause of North Americaatlarge, you, in a peculiar manner, have been highly favoured. God has done by you the best thing, commonly done for our species. He has put it fairly in your power to help yourelves. I have taken the rainds of several leading raembers in the honourable the Continental Congress, and can assure you, that you have nothing to do, but send attested copies of the recoramendation to take up govern ment, to every township in your district, and invite all your freeholders and inhabitants to meet in their respective townships, and choose mem bers for a general convention, to meet at an early day, to choose dele gates for the general congress, a coraraittee of safety, and to form a con stitution for your state. Your friends here tell me, that sorae are in doubt whether delegates from your district would be admitted into Congress. I tell you to organ ize fairly, and make the experiment, and I will ensure you success, at the risk of my reputation, as a man of honour or common sense. Indeed, they can, by no means, refuse you ! You have as good a right to choose how you will be governed, and by whom, as they had. May Almighty God smile upon your arduous and important under taking, and inspire you with that wisdora, virtue, public spirit and una nimity, which ensures success in the raost hazardous enterprizes ! 1 am, Gentlemen, your sincere friend and humble servant, THOMAS YOUNG. April 12,1777. Your committee have obtmned for you a copy of the recomraendation of Congress, to all such bodies of men as looked upon themselves returned to a,statej)f nature, to adopt such governraent as should, in the opinion of ¦ the representatives of the people, best conduce to the happiness and safe ly of their constituents in particular, and Araerica in general. You may, perhaps, think strange, that nothing further is done for you, at this time, .than to send you this extract : but if you consider, that till you incorporate and actually announce to Congress your having becorae a body politic, they cannot treat with you as a free state. While New- York ckiras you as subjects ofthat government, ray hurable opinion is, your own good sense will suggest to you, that no time is to be lost in availing yourselves of the same opportunity ybur assuming mistress is im proving to establish a dominion for herself and you too. A word to the wise is sufficient. THOMAS YOUNG, CONTROVERSY WITH JrtlW-YOfiK. " Resolution of Congress, referred to in the above letter. In Congress, May 15, 1776. Whereas his Britannic Majesty, in conjunction with the Lords and Commons of Great-Britain, has, by a late act of Parliament, excluded the inhabitants of these United Colonies from the protection of his crown : and whereas no answer whatever to the hurable petitions pf the colonies for redress of grievances and reconciliation with Great-Britain, has been, or is likely to be given ; but the whole force of that kingdpm, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies : And whereas it appears absolutely irrecbncileable to reason and good conscience, for the people of these colonies now to take the oaths and affiirmations necessary for the support of any government under the crown of Great-Britain, and it is necessary that the exercise of every kind pf authority under the said crown should be totally suppressed, and all the powers of government exerted under the people of the colon ies, for the preservation of internal peace, virtue, and good order, as well as for the defence of their lives, liberties, and properties against the hos tile invasions and cruel depredations of their enemies : — Resolved therefore. That it be recommended to the respective assem- blies and conventions of the United Colonies, \yhere no government suffi cient to the exigencies of their affairs, has been hitherto established, to ' adopt such government as shall, in the opinion of the representatives of the people,, best conduce to the happiness and safety of their constituents in particular, and America in general. Extractfrom the minutes, CIJ. THOMSON, Sec'ry. Alarmed at the suggestions in the fcsregoing commmunication of Thomas Young, the council of safety of New- York proceeded to make a further effort to arrest the progress of Vermont ; as appears by the following document. Letter from Pierre Van Cortlandt. President of the Council of setfety of New-York, to the President of Congress, dated May 28, 1777. At a time when the councils and arras of America should be directed to the defence of all the United States against a foreign invasion, it gives us pain to find it our duty to call the attention of Congress to the domestic concerns of this state. A faction in the north-eastern part of this state aim at separation frora it, and have declared themselves independent. Although we apprehend no great difficulties ui reducing these factious spirits to obedience and good order, by the justice and vigour of the gov ernment of this state, without the aid of Congress, yet as a report prevails, and daily gains credit, that they are privately countenanced in their de- "signs by certain members of your honourable house, we esteem it our duty to give you this information, that by a proper resolution on that Subject, the reputation of Congress raay cease to be injured by imputations so dis graceful and dishonourable. However unwilling we raay be, to entertain suspicions so disreput able to any member of Congress, yet the truth is, that no inconsiderable !& CONTROVERSY WITH NEW-YORK. numbers of the people of this state do believe the report to be well-found ed and, of course, their confidence in the justice, and their respect for the determmation of Congress, will, we fear, be diminished ; nor can it be difficult to perceive what an unhappy influence such reports and ap prehensions will have on the minds of the best whigs of this state, espe cially at this critical juncture. 1 have the honour to be, with great re spect, Sir, your most obedient and very hurable servant, (By order,) PIERRE VAN CORTLANDT, P. Hon. John Hancock, Esq. President, Sfc. To bring Congress to a decision upon the subject of this iiontroversy,. one of the delegates of New- York, on the 23d of June, laid before that body the printed letter and publication of Thoraas Young, This letter, together with the comraunications from the conventions of New-York and the New-Hampshire grants, were referred to a committee of the whole ; and on the 30th of June, Congress passed die following resolves.* " Resolved, That Congress is composed of delegates chosen by, and representing, the communities respectively, inhabiting the territories of New-Hampshire, Massachusetts Bay, Rhode-Island, and Providence Plantations, Connecticut, New- York, New-Jersey, Pennsylvania, De laware, Maryland, Virginia, North-Carolina, South-Carolina, and Geor gia, as they respectively stood at thetime of its first institution ; that it was instituted for the purpose of securing and defending the communities aforesaid, against the usurpations, oppressions, and hostile invasions of Great-Britain ; and, therefore, it cannot be intended that Congress, by any of its proceedings, would do, or recommend, or countenance, any thing injurious to the rights and jurisdiction of the several communities, which it represents. " Resolved, That the independent government attempted to be estab lished by the people, stiling themselves inhabitants of the New-Harap- Shire grants, can derive no countenance or justification from the act of Congress, declaring the united colonies to be independent of the crown of Great-Britain, nor from any other act or resolution of Congress. " Resolved, That the petition of Jonas Fay, Thomas Chittenden, Heraan Allen, and Reuben Jones, in the name and behalf of the people, stiling theraselves as aforesaid, praying that ' their declaration, that they would consider themselves as a free and independent State, may be re ceived ; that the district in the said petition described, may be ranked among the free and independent States ; and that delegates therefrom may be admitted to seats in Congress,' be dismissed. " Resolved, That Congress, by raising and officering the regiment, comraanded by Col. Warner, never raeant to give any encouragement tO the claim of the people aforesaid, to be considered as an independent State ; but that the reason which induced Congress to form that corps,' [ was, that many officers of different states, who had served in Canada, and ailedged that they could soon raise a regiment, but were then unpro>- * Williams. GOl«TROVERSY WITIt WEW-YORIC, 79 Videdfor, nright be reinstated m the service of the United^States." Having recited sundry patapraphes in the letter from Thomas Young, they next resolve, "That the contents of the said paragraphs are derog atory to the honor of Congress, are a gross misrepresentation of the reso lution of Congress therein referred to, and tend to deceive and mislead the people to whom they are addressed." While Congress were resolving to dismiss the petition of the inhabit ants ofVerraont, and that " the independent government attempted to be established by its people, could derive no countenance or justification from any act or resolution of that body," the people of Vermont were engaged in forming a constitution of civil government. The convention which declared the independence of Vermont, met, according to adjourn ment, at Windsor, on the first Wednesday of June. At this raeeting, a committee was appointed to make a draft of a constitution ; and a reso lution was adopted, recommending to each town to elect delegates to meet in convention, at Windsor, on the 2d day of July following.* On the 2d of July, the convention raet at Windsor. " The draft ofa constitution was presented and read. The business being new, and of great importance, required serious deliberation. The convention had it under consideration, when the news of the evacuation of Tyconderoga arrived; which occasioned great alarm, as, thereby, the frontiers of the state were exposed to the inroads of the enemy. The family of the Pre sident of the convention, as well as those of raany other members, were exposed. In this awful crisis, the convention was for leaving Windsor J but a severe thunder storm came on, and gave them time to reflect ; while some members, less alarmed at the news, called the attention of the convention to finish the constitution, which was then reading, para graph by paragraph, for the last time. This was done, and the conven tion appointed a council of safety t to act during the recess, and ad- joumed.'?J *''Allen's history. f It may be proper here to record the correspondence between the Council of safety of Vermont and the Governor of New-Hampshire, which resulted in the march, and arrival at Benoington, ol the troops audet G«n. Stark, and in the memorable victory of the I6th o! August, 1777, by which the first checli was given to the invading army under Gen. Burgoyne. Address RK. Previous to the adjournment, it was ordered that the first election, un»^ der the constitution, should be holden in December, 1777 ; and that the general assembly, thus elected, should meet at Bennington, in Januar^ 1778. The publick attention, however, being arrested by the evacua. tion of Tyconderoga, and the progress of the enemy under general Bui^ goyne ; the constitution was not printed, seasonably, to have the election holden in December. The convention was, therefore, summoned, by the Council of safety, t^ meet, at Windsor, on the 24th of December, 1777. They met ;* revised the constitution;) and postponed the day of election until the first Tuesday of March, 1778, and the sitting of the As sembly until the second Thiursday of the same month.! effects, are, therefore, induced to accept such protections as are offered them by the en emy By thii means, those towns who are most contiguous to them, are under the ne- ce.?sity of taVing such protection ; by which the next town or towns . becomes equally a frontier as the former towns, before such protection ; and unless we can have the assist ance cf our frieods, so as to put it immediately in cur power to make a sufficient stand against such strength as tliey may send, it appears that it will soon be out of the power of this state to nlaintain its territory. This country, notwithstanding its infancy, seems to be as well supplied with provisions for victualing anaimy, as any on the continent; so that on that account We cannot see, why a stiind may not as well be made in this state, as in tlie Massachusetts ; and more especially, as tbe inhabitants are heartily disposed to defend their liberties You, gentlemen, will be at once sensible, that every such town as accepts protection, is rendered at tbat instant incnpnble of affordinj; any further assistance ; and what is in finitely worse, as some disaffected persons eternally lurk ib almost every inhabited town, such becorae doubly fortified to injure their country, our good dispositioii to defend our selves, and. make a frontier for your state with our own. which cannot be carried into eK» ecutioo without your assistance Should you send immediate assistance, we can help you ; and should you neuject till wc are put to the necessity of taking protection, you know it is in a moment out of our powei to assist you. Your laying 'hese circumstances together will, I hope, inducf your honours to take the same into cnosideratioo, and imme diately send us your determination in the premises 1 have the satisfaction to be,- your- honours most obedient and very humble servant, by order of council - IRA ALl,EN, Sec'rs. hetterfrom Meschech H'eare President of Ihe Stale of If ew Hampshire, to Iea Allen, Secretary of the State of Vermont. SIB, ExETEB, Jnit 19, 1777. t was favoured with your's of the litb inst. yesterday by express, and laid the same before our general court, who are sitting We had, previous thereto, detei-mined to send assistance to your state. They have now determuied. that a quarter part of the militia of twelve regiments shal' be imme diately draughted, formed into three battalions, under the command of B ig Gen John Stark, and forthwith sent intoyrur state, to oppose the ravages and coming forward of ths enemy i and orders are now issuing, and will all go out in a few hours, to the several Colonels for that purpose. Dependence is made that they will be supplied with provi sions in your state ; and I am to desire your convention will send some proper person or person? to Number Four, by Thursday next, to meet Gen Stark there, and advice wilh him relative to the route and disposition ofour tfoops, and to give him such information as you may then have, relative to the manoeuvres of the enemy. Inbebalf of the cotiqpil and assembly, I am. Sir. your most obedient humble servant. MESCHECIJ WEARE, rresident. Ik A Allen, Esq. Secretary of the State of Vermont. * The journals of the several sittings of the convention, are not td be found + The assembly met at Windsor, on the second Thursday of March, 1778. The con- atitution, under which the government was then organized, and the early jotimals oftbfe liPgiBlature, will be touird ij) ^subsequent part of this volume. CONTROVERSY WITH NEW-YORK. 81 On the 6th of February, 1778, the Council of safety addressed the in habitants of Vermont, as follows. In CotTNciL OP Safety, Bennington, Feb. 6th, 1778. To the Inhabitants of the State q/" Vermont. Gentlemen, The united and joint representatives of this state, in their general con vention, held at Windsor, on the 2d day of July last, did compose, and agree, unanimously, on a constitution for the future governraent and rau- tual advantage of its inhabitants. It was then proposed by the joint agree ment of the said representatives, that such constitution should be printed, so as to have had them circulated among the inhabitants, seasonably, to have had the general election of representatives to compose the general assem bly, in December last ; who, by agrement, was to have raet at Benning ton, within this state, in the raonth of January last. But finding, by re peated experience, that the troubles of the war, and encroachraents of the eneray, would, of necessity, render it impossible, this council did think fit to again call on the members of the general convention, to meet ; who, accordingly, raet at Windsor, on the 24th day of December last, and did, unaniraously, agree to postpone the day of election until the first Tuesday of March next, and the sitting of the assembly to be at Windsor, on the second Thursday of March next. The constitution is now printed, and will be distributed among the inhabitants of the several towns in this state, so early, that they inay be perused before the day of election ; which, this council hope, -will, sufficiently, recommend the most safe and just method of choosing of representatives to compose the general assem bly. Nothmg but a real zeal for the fiiture well being of the United States of Araerica, in general, and this, in particular, could have induced this council to have undertaken the arduous task of sitting, so raany months successively, to provide for the safety of its inhabitants. They, therefore, flatter themselves that their services will iaeet the approbation of their employers. The Council are fully of opinion that nothing but the want of a firm attachment and joint connection of the inhabitants of this state^ can frustrate, or prevent their being what they so reasonably wish to be. I am. Gentlemen, by order of Council, Your most obedient humble servant, THOMAS CHITTENDEN, President, The deliberate determination to raaintain their independence, evinced by the people of Verraont, in the organization ofa constitutional govern. ment; though it did not reconcile New-York to a relinquishraent of her claim of jurisdiction over the contested territory, evidently contributed to produce a change in her policy j as will appear by the following Pro clamation. , " ' L "' '¦" 82 CONTROVERSY WITH NEW-VORK. « By his Excellency George Clinton, Esq. Governor of the State of New-York, General of all the Militia, and Admiral of the Navy of the same. A PROCLAMATION. , „ , Whereas the Senate and Assembly of this state, did, by their ? * several resolutions, passed the twenty-first day of this instant month of February, declare and resolve. That the disaffection of raany persons, inhabiting the north eastern parts of the county of Albany, and certain parts of the counties of Charlotte, Cumberland and Gloucester, clearly included within the ancient, original, true and lately established bounds of this state, arose frora a contest, about the property of the soil of many tracts of land, within those parts of the said counties respectively : That the said contest was occasioned, partly by the issuing of divers interfering patents or grants, by the respective governments of New-York, on the one part, and those of M«ssacAwse«« J5ay and New-Hampshire, on the other, antecedent to the late establishment of the eastern boundai-y of this state ; partly by an higher quit-rent reserved on the said lands, when re-granted under New-York, than were reserved in the original grants under New- Hampshire or Massachusetts-Bay, and the exorbitant fees of office acci-uing thereon ; and partly by a number of grants raade by the late government of New-York, after the establishraent of the said eastern boundary, for lands which bail been before granted by the govern ments of New-Hampshire and Massach§setts-Bay, respectively, or one of them ; in which last mentioned grants by the late governraent of New- York, the interest of the servants of the crown, and of new adventurers, was, in raany instances, contrary to justice and policy, preferred to the equitable claims for confirmation, of those who had patented the lands under New-Hampshire or Massachusetts-Bay : — That the aforesaid disaffection has been greatly increased, by an act passed by the Legislature of the late Colony of JVew-For/ir, on the ninth day of March, in the year of our Lord, one thousand seven hundred and seventy four, entitled, " An Act for preventing tumultous and riotous as semblies in the places therein raentioned, and for the more speedy and effectual punishing the rioters: — That many of the aforesaid disaffected persons, though unjustifiable in their opposition to the authority of this state, labour under grievances, arising from the causes above mentioned which, in some measure, extenuate their offence, and which ought to be redressed : — That, therefore, the Legislature of this state, while on the one hand they will vigorously maintain their rightful supremacy over the persons and property ofthose disaffected subjects, will, on the otiier hand, make overtures to induce the voluntary submission of the delinquents : That an absolute and unconditional discharge, and remission of all prosecutions, penalties and forfeitures, under the above-mentioned act shall be an established prelimmary to such overtures ; which overtures are^s follows, viz. Ustj. Th,at all persons actually possessing and improvingiands, by title unaei' grants from New-Hampshire or Massachusetts-Bay, and not grant ed under iVett'-YorA, shall be confirmed in tbeir respective posieiilSnl: -- CONTROVERSY WiTH NEW-YORK. 83 I 2d.; That all persons actually possessing and improving lands, not Ranted by either of the three governraents, shall be confirmed in their respective possessions, together with such additional quantity of vacant land^ lying contiguous to each respective possession, as may be necessary to form the same into a convenient farm ; so as the quantity to be con firmed to each respective person, including his possession, shall not ex ceed three hundred acres. Sd) That where lands have heretofore been granted by New-Hamp shire and Massachusetts-Bay, or either of thera, and actually possessed in consequence thereof, and being so possessed, were, afterwards, granted by New-York, such possessions shall be confirmed ; the posterior grant under New-York, notwithstanding. Provided always. That nothing in the above regulations contained, shall be construed to determine any question of title or possession, that may arise between different persons Claiming under New-Hampshire or Massachusetts-Bay, or between persons claiming under New-Hampshire on the one, and under Massachusetts-Bay onthe other part, independent ofany right oi- claim under New-York. 4th. That, with respect to all such cases, concerning the aforesaid con troverted IcUidS, as cannot be decided by the rules exibited in tbe afore going articles, dr some one of them, the Legislature of the state of New- York, will provide for the deterraination of the same, according to the rules of justice and equity, arising out of such cases respectively, without adhering to the strict rules of law. 5th. That, in all cases, where grants or confirmations shall become ne cessary, on acceptance of the above overtm-es, such grants or confirma tions, shall issue to the grantees, at, and after,' the rate of five pounds for a grantor confirmation of three hundred acres or under ; and for every additional hundred acres, the additioneil sum of sixteen shillings ; except in cases, where lands shall be granted or confirmed to divers persons in one entire tract ; in which case, the grants shall issue, respectively, for fifteen pounds each ; which allowances shall be%i lieu of all other fees or -perquisites whatsoever. 6th. That whenever, agreeable to tbe above regulations, new grants or confirmations shall becorae necessary under this state, for lands hereto fore granted by New-Hamphire or Massachusetts-Bay, the same quit- rent only shall be reserved, which was reserved in the original grants un der New-Hampshire or Massachusetts-Bay. 7th. That where lands, heretofore granted by New- Hampshire or Mas sachusetts-Bay, have been, since, confirmed to such grantees by new grants under New-York, the quit-rents on such lands, shall be reduced to what they were in the original grants, under Neio-Hampsldre or Massa- chusetts-Bcty. * 8th. That, in order to encourage the settlement of the aforesaid disputed lands, in a peaceable subjection to the authority' and jurisdiction of -this state, and also of all other lands held within and under this state, the fol lowing commutation for the quit-rents, shall be allowed, viz ; — That, on payment, at the rate of two shillings and six pence, lawfiU mo tley of this state, into the treasury of this state, for every penny sterling of 84 CONTROVERSY WITH NEW-YORk. quit-rent reserved ; or, on delivery into the same, of seventeen times the quantity of grain, or other commodity, reserved for such quit-rent, the same shall thence forward be utterly discharged, and for ever cease and be extinguished. That these overtures should be offered with a view, not Only to induce the aforesaid discontented inhabitants of the counties of Albany, Charlotte^ Cumberland and Gloucester, to return to a lawful and rightful obedience to the authority and jurisdiction of this state ; but also in favor of all others whom the same raay concern ; and to be of no avail to any person or persons whatsoever, who shall, after the first day of May next, yield or acknowledge, any allegiance or subjection to the pretended state of Fer- monf, the pretended government thereof, or to any power or authority, pretended to be held or exercised thereimder. That the aforegoing overtures, on the condition above expressed, be tendered for acceptance to all persons, to whose case the same, or any or either of them, do, or shall apply, upon the public faith and assurance of the legislature and government of the state of New-York, pledged to such person and persons for the purpose. That the several branches of the Legislature of the state of New-York, will concur in the necessary raeasures for protecting the loyal inhabitants of this state, residing in the counties of Albany, Charlotte, Cumberland and Gloucester, in their persons and estates, and for compelling all per sons, residing within this state, and refusing obedience to the governraent and legislature thereof, to yield that obedience and allegiance, which, by law and of right, they owe to this state. And whereas, The said Senate and Assembly of this state of New-York, have also, by their resolution, requested me to issue my Proclamation, under the privy seal of this state, reciting their aforesaid declsu-ations and resolutions, and strictly charging and commanding all manner of persons, in the name of the people of the state of New- York, to take due notice thereof, at their peril, and govern themselves accordingly. I DO THEREFORE hereby, in the name of the people of the state of New-York, publish and proclaim the aforesaid declarations and reso lutions ; and I do hereby, strictly charge and comraand all manner of persons within this state, at their peril, to take due notice of this Procla mation, and of every article, clause, matter and thing therein recited and contained, and to govern themselves accordingly. Given under my hand, and the privy seal of the State qf New-York, at Poughkeepsie, in the County «/" Dutchess, the twenty-third day ©/"February, in the year ofour Lord, one thousand seven hundred and seventy eight. GEO. CLINTON. God save the People. There is a semblance of fairness in these overtures, which might have misled a people, less discerning, and less jealous of their rights, than the people of Vermont. But they had too long been accustomed to a thorough investigationofevery point in the controversy, not to perceive thatthe overtures held out'no ~>7as-£zt cf s;;b°+'?,'->t'''l relief: and were designed CONTROVERSY WITH NEW-YORK. 85 to effect, by the arts of policy, what had, in vain, been attempted by threats and force. At every step of the controversy, they had gained ad ditional strength to the con-viction that the claims of New- York wer^ utterly groundless. Acting under this conviction, they had announced their independence, and proceeded to organize a government. Thus si tuated, they were not in a condition to listen patiently to overtures, ac companied vrith an explicit avowal of the " rightful supremacy of New- York, o^r their persons and property, as disaffected subjects." In Augtist, 1778, the following answer to the foregoing Proclamation, was published by Ethan Allen. It was, subsequently, incorporated into his" vindication of Vermont," published, under the sanction of the Gov-^, ernor and Council, in 1779 j from which we have extracted it. " This Proclamation," says Allen, " after mentioning a disaffection of many persons, inhabiting the north-east parts of the county of Albany, and certain parts of the counties of Charlotte, Cumberland and Glouces ter, proceeds to affirm that these tracts of country were clearly included within the ancient, original, true, and lately established bounds of the state of New-York. That many, nay, alraost the whole of the inhabitants in those counties, aZios, the state of Vermont, are disaffected to the government ofiVew- York, will not be disputed. This is a fact. But it is not a fact, that the ancient, original and true bounds of iVeso-For^, included those lands. The first intimation that ever saluted the ears of the public, asserting this doctrine, was, from a Proclamation of governor Tryon's, dated the llth day of December, 1771 j which begins thus : " Whereas, it is the ancient and incontestible rights of this colony, to extend to Connecticut river, as its eastern boundary." This assertion hath been answered, at large, in my treatise on the conduct of this government, towards the New Hamp shire settlers ; to which I refer the reader, and at present observe, that as the quoted assertions in these Proclamations, are wholly without founda tion, they need only to be as positively denied as they are asserted. The fact is, that the tract of land, which now comprehends the state of Ver mont, was, universally, known to be in the governraent of New-Hamp shire. Thus it was placed by all Geographers in their maps, 'till the year 1764, when the now English King, for certain political reasons, which I shall mention, extended the jurisdiction of New-York over the premises, by his special royal authority. At the time of the alteration of this jurisdiction, jealousies had fired the minds of King and Parliament against the, growth and rising power of America, and at this time, they began to advance men and governraents into power, with a political de sign to crush the liberties of America. New-York had ever been their favorite governraent. They could almost vie with Great-Britain in the art of vassalaging comraon people, and in erasing every idea of liberty from the human mind, by making and keeping them poor and servile. This, Great-Britain well knew, and therefore fleeced a large territor}' from New-Hampshire, and added it to New-York, to depress the power 86 CONTROVERSY WITH NUW-YORK. of the one, and enlarge and extend the other. A well concerted plan : "but the green mountain boys disconcerted it, by throwing their weight into the scale of congress, which, thank God, has fairly preponderated. Thus may be seen the design, as well as date, of the original, ancient and true bounds of the state of New-York being extended over the state of Ver- mont '; and for the same reason it was thus extended by Great-Britain, it will undoubtedly be curtailed by congress. As to the acts of outlawry, mentioned in the Proclamation, they died a natural death, the first day of JfflMMary, 1776, as may be seen from the act Itself, here qiioted : " And be it further enacted by the authority a- foresaid, that this act shall remain and continue in full force and effect, from the passing thereof, until the first day of January, which will be in the year ofour Lord, one thousand seven hundred and seventy six." The subjects of the state of Vermont, were under no apprehensions from these old lifeless acts. Nor do I conceive, that the present legisla ture of the state of JVeto- For^ have laid thera under any obligation, in granting them a pardon. It was a matter which formerly respected gov ernor Tryon, the old Legislature of iVew-ForA;, and the green mountain hoys ; and the party last mentioned, choose to settle that old quarrel with Mr. TryOn ; and resent it, that the Legislature of the state of New- York have, so late in the (jay, undertook to give an " Unconditional dis charge and remission of all penalties and forfeitures incurred," under an act which had been long dead ; and which, when alive, served only to discover to the world, the wickedness and depravity of that legislative body which enacted them. In the lifetime of this act, I was called by the Yorkers an outlaw, and afterwards, by the British, was called a re bel ; and I humbly conceive, that there was as much propriety in the one name as the other ; and I verily believe, that the King's coramission- ers would now be as willing to pardon rae for the sin of rebellion, provided I would, afterwards, be subject to Britain, as the Legislature above mentioned, provided I would be subject to Neio-York ; and, I must confess, I had as leave be a subject to the one as the other ; and, it is well known, I have had great experience with thera both. Next, I propose to consider that part of the Proclaraation, called over tures, which are contained in the three first articles. Article 1st. " That all persons, actually possessing and improving lands, by title under grants frora New-Hampshire or Massachusetts Bay, and not granted under New-York, shdl be confirraed in their respective possessions." This first article cannot be considered of any raaterial consequence, in- asrauch as, among almost the whole possessions referred to in the article, there are but very few, if any, but what are covered with New-York grants. The second article is as follows : " That ill persons possessing and improving lands, not granted by either of the three governments, shall be confirmed in their, respective possessions, together with such additional quantity of vacant land, lying contiguous to each respective possession, as may be .necessary to form the same into a convenient farm, so as the quantity of land to be confirmed to each respective possession, shall not exceed three himdred acres." CONTBOVERSY WITH NEW-YORK. 87 Neither of these two first articles, called overtures, affect the conti-o- versy, except in some very few instances ; inasmuch as all, or in a man ner, all the possessions spoken of, were first granted by New-Hampshire, except some few which were granted by Massachusetts-Bay ; and then, Isistly, almost the whole of those possessions were re-granted by New- York. This being the case, what has been hitherto proposed, does not reach the essence of the controversy, as the iVejtf-Forfer* very well know; besides, it is not in the power of the government to confirm any of those possessions, which have been already granted, and therefore become the property of the grantees, as will be more fully discussed in its proper place. I proceed to the third article of the much boasted overtures. " That where lands have been heretofore granted by New-Hampshire and Massachusetts-Bay, or either of them, and actually possessed in consequence thereof, and being so possessed, were afterwards granted by New-York ; such possession shall be confirmed, — the posterior grant under IVe?^)- Forfc, notwithstandmg." Though it is absolutely outof the power of the 'said legislative authority, to confirm the possessions mentioned ; yet, to discover their want of ge nerosity in their proposal, I shall, in the first place, consider what a trifling proportion of those possessions could be confirmed upon their own stating, inasmuch as the confirming clause in the article, only confirms the pos sessor,' who being so possessed at the time that the New-York grant was laid ; and has no respect to any additional possession carried on after the grant took place. The identical words are, " And being so possessed, were afterwards granted by New-York ;" viz. After such possession was actually made, and the possessor being so in possession, at the time the grant took place, such possession shall be coni(|iined ; but any later possession cannot be. included in the condition of " heing so possessed ;" for, a later possession was no possession at all, at the time the condition of possession took place ; and, consequently, every possession which has been begun in the state of Vermont, since the lands were granted by New ForA:, must be lost to the possessor, and fall into the handsof the iVeJo- York grEmtees, with all other uncultivated lands in the state ; and all our purchases of those lands from New-Hampshire and Massachusetts-Bay, fall to the ground, together with our possessions, which have been in creased an hundred fold. These overtures have hitherto been considered only in a grammatical and logical sense, allowing them their own construction. I now proceed to consider thera in a law sense. A legislative authority, within its own jurisdiction, may confirm a possession on vacant land, by making a grant of the same to the possessor. But, for the legislative authority of the state of New-York, to pretend, as they do in their Proclamation, to vacate any grants made by their own authority, in favor ofany possession, and to confirm such possessions, by nullifying and defeating their own grants, is the height of folly and stupidity : for, the lands being once granted, the property passeth to the grantee ; who is become the sole proprietor of the same ; and he is as mdependent of that legislative autliority, which granted it, as any person may be supposed to be', who purchaseth a farm of land of jneby deed of conveyauce : and it is as much out of the power 88 CONTROVERSY WITH NEW-YORK. of that Legislature to vacate a grant made by thera, or the same authortt}'. in favor of any possessor, as it is out of my power to vacate my deed of donveyance in favor of some second person. It is contrary to common sense to suppose, that the property of the subject is at the arbitrary dis posal of the Legislature : if it was, they might give a grant to day, and vacate it to-morrow, and so on, ad irifinitum. This would destroy the very nature and existance of personal property, as the whole would de pend on the sovereign will and last act of the Legislature. But the truth of the matter is, the first conveyance will, and ought to hold good; and this defeats all subsequent conveyances. From what has been said on this subject, it appears, that the overtures in the Proclamation set forth, are either romantic, or caJculated to deceive woods people, who, in general, raay not be supposed to understand law, or the power of a legislative authority. I have further to evince ray arguments on this subject, by the concur ring opinion of the Lords of the Board of Trade, on complaint made to them from those very persons, possessing the land we are speaking of. That clause of their report which is similar to what I have argued, is in these words : " Such subsequent grants made by the governraent of New York, however unwarrantable, cannot be set aside by any authority firom his Majesty, in case the grantees shall insist on their title-" Thus it appears, in a trial (of the sarae case we are treating of) before the board of trade, that the King, under whose authority the government of New-York had, in an oppressive manner, granted those very lands, could not, by his royal authority, vacate or set aside the grants : yet, the present legislative, authority of the state of New-York, proclaira to the world, and pledge tUf faith of governraent, that tiiey will doit. But enough has been said on the impossibility of it, as well as on the ungene- rousness of the proposal : and as to the quit-rents, the general asserably of the state of Vermont will deterimne their expediency, and probably release them all. What has been observed, answers every part of the proclamation worth notice, as the five last articles had an entire reference to the three first ; though it may be worth observing, that the time of compliance with those overtures are run out ; and it is ray opinion, that but few of the sub jects of the state of Fermorat have closed with thera. The main induce ment I had in answering them was, to draw a full and convincing proof frora the same, that the shortest, best, and most eligible, I had alraost said, the only possible, way of vacating those New-York interfering grants, is, to maintain inviolable the supremacy of the legislative autiior- ity of the independent state of Vermont. This, at one stroke, overturns every New-York scherae, which may be calculated for our ruin; makes us free men, confirms our property, " and puts it fairly in our power to help ourselves" to the enjoyment of the great blessings ofa free, uncor* rupted and virtuous civil government. JSennington, August 9, 1778. CONTROVERST WITH NEW-HAMPSHIRE. 89 ttitherto, we have viewed the people of Vermont, only in their rela tion to the governraent of New- York ; and, from a feeble infancy, have seen them gradually advance to the maturity of manhood, and commence a career in the character oCan independent State. The declaration of their independence, however, furnished occasion fdV new difficulties. The original territory of New-Hampshire, consisted of sundry grants from the Council pf New-England* to John Mason, made between the years 1621 and 1635 ; and was bounded on the west, by a line sixty miles from the sea. The territory between the Mason grant, as it was called, and Connecticut river, was, subsequently, granted, in vurtue of royal commissions to the governors of New-Hampshure, Vermont had no sooner organized a government, than a strong dispo sition was manifested by many of the inhabitants, on the territory last mentioned, to dissolve their connexion with New-Hampshire, and unite with the people of Vermont. To justify the separation, it was contend ed " that all the lands, west of the Mason line, being royal grants, had been held in subjection to the government of New-Hampshire by force of the royal commissions, which were vacated by the assumed independ- [ enceofthe American Colonies; and, therefore, the inhabitants ofthose | grants had reverted to a state of nature," and were a!t liberty to form a { separate government, or connect themselves with sucH as would consent to a union.t Accordingly, on the 12th of March^ 1778, a petition from sixteen townsj on the east side of Connecticut river, \faa presented to the Legis lature of Verraont, praymg to be adraitted into its union. The Legislature was greatly embarrassed by this application 5 andj finally, referred the decision of the question to the people ; as appears by the following extract from the journals. "Wednesday March iSth 1778. Voted thatthe proposals and preliminaries exhibited to this house, by a committee, representing a number of towns on the New Hampshire grants, east of Connecticut river, relative to forming a union between said gfants and this State, be laid before the people of this State, at large, for their consideration and determination." * Several of the principal nobility of Great. Britain ; to whom, by. the name of the Council of New-England, had been granted " all the land in America, lying between the degree of 40 and 48, north latitude," by the name of New England —I Belknap, 301. t Belknap's history, of N B. j Cornish, Orlbrd, Lyman, Cardigan, Lebanon Piennont, Apthorp, Landaff. Dresden,' Haverhill, EnBeld, Gunthwaite, Ume^ Bath, Canaan, Morristown.— Belknap's hmtoiy. M ^0 CONTROVERSY WITH KeW-HAMPSHIRB. At the following session, in June, it appeared that a majority of the towns had voted for the union. Accordingly, the General Assembly ad mitted into union, the sixteen towns, as appears by the following extract from the journals. — ;— ^ , , ,^„„ "Thursday June 1 1th, 1778. Voted that the union take place— thirty seven in the affirmative, and twelve in the negative." " Having thus effected their purpose, the sixteen towns announced to the government of New-Hampshire, that they had withdrawn from their jurisdiction, and wished to have a divisional line established, and a friendly correspondence kept up."* Justly alarmed and incensed at these proceedings, the government of New-Harapshire , raade the following coraraunications on the subject, to the delegates of that state, in Congress, and to the Governor of Vermont. From President Weare, to the New-Hampshire Delegates at Congress, ¦ Exeter, August 19, 1778. Gentlemen, ' ' ' By order of the council and assembly of this state, I am to inform you, that the pretended state of Vermont, not content with the liraits of the New-Hampshire grants (so called) on the western side of Connecticut river, have extended their pretended jurisdiction over the river, and taken into union (as -they phrase it) .sixteen towns on the east side of Connec ticut river,.part of this state, and who can have no more pretence for their defection than any other towns in this state ; the circumstances of which you are well acquaintetl with ; and great pains are taking to persuade other towns to follow their example. By the best information I have from that country, nearly one half of the people, in the revolted towns, are averse to the proceedings of the majority, who threaten to confiscate their estates, if they do not join with them ; and I am very much afraid that the affair \yi\[ end in the shedding of blood. Justices of the peace have been appointed and sworn into oflice in those towns, under the pretended authority of said Vermont ; and persons sent to represent thera there. I must not omit to let you know, that Col-, Timothy Bedel, who has received great sums of money frora congress, and their generals, under pretence of keeping some com panies, last winter, and now a regiment, for the defence ofthat northern frontier, or to he jn readiness for marching into Canada, (though very little service has been done, as I am informed) by influence of the money and his command, has occasioned a great share in the disorders in those towns. 'Tis wished by the more sober, soUd people in that quarter, he Could be removed for some gther commaiid, if he must be kept ip pay and employed. * Williams. CONTROVERSY WITH WEW-HAMPSHIRt. 91 I am directed to desire you, on the receipt of this, to advise with sorae df the members of congress on this affair, and proceed, as you may judge expedient ; and, after advising as aforesaid, to endeavour to obtain aid of congress, if you think they can, with propriety, take up the matter. Indeed, unless congress interfere, (whose admonitions, I believe, will be obeyed) I know not what cdiisequences will follow. It is very probable the sword will decide it, as the minority, in those towns, are claiming protection frora this state, and they think theraselves bound, by every tie, to afford it ; and you know that every condescending measure has been us,ed from the beginning of the schism, and-rejected. From President Weare, to Governor Chittenden. SIR, Exeter, August 22, 1778. Although I have had information that the people, settled on the New- Hai»pshire grants, (so called) west of Connecticut river, had formed a plan for their fiiture government, and elected you their first magistrate ; yet, as they have not been admitted into the confederacy of the United States, as a separate, distinct body, I have omitted to address you, in your magistratical style, and not out of disrespect to you, or the people over whom you' preside ; which, in these circumstances, I doubt not, your candour will excuse, and that you will attend to the important subject of this address. A paper has been laid before the general assembly, attested by Tho mas Chandler, jun. as. secretary of the state of Vermont, dated June 11, 1778, purporting aresolution of the general assembly of the state of Ver mont, to receive into union with said state, sixteen towns on the east side of Connecticut river ; and leave, or rather an invitation, to any towns, contiguous to those sixteen, to enter into the same union. On'whichlam directed to represent to you, and to desire it may be laid before the representatives of your people, the intimation in said re solve, that the said sixteen towns ' are not connected with any state, with respect to their internal police,' is an idle phantom, a mere chimera, with out the least shadow of reason for its support. The town of Boston, in Massachusetts, or Hartford, in Connecticut, (if disposed) might, as rationally, evince their being unconnected with their respective states, as those sixteen towns their not being connected with New-Hampshire. Were not those towns settled and cultivated, under the grant of the governor of New-Hampshire ? Are they not within the lines thereof, as settled by the King of Great-Britain, prior to the present aera ? Is there any ascertaining the boundaries between any of the United States of A- merica, but by -the lines formerly established by the authority of Great Britain? I am sure there is not. Did not the raost of those towns send delegates to the convention of this state, in the year 1775 ? Have they not, from the commenceraent of the present war, applied to the state of New-Harapshire, for assistance and protection ? It is well known, they did — and that New-HEunpshire, at their own expence, hath supplied them with arms, ammunition, &c. to a very great amount, as well as paid Soldiers for their peui:icular defence j and all at their request, as memberf: 92 CONTROVERSY WITH NEW-HAMFSHIRE. of this state — 'Whence then, could this new doctrine, that they were not connected ^-K^h us, originate ? I earnestly desire that this matter may be seriousjy attended to ; and I am persuaded the tendency thereof, will be to anarchy and confusion. When I consider the circumstances of the people, west of CcaMiecticut river, the difficulties they encountered in their first.settlement, their late endeavom-s to organize governraent among themselves; and the uncer tainty of their being admitted, as a separate state, into the confederacy of the United States, I am astonished that they should supply their enemies with arguments against thera, by their connecting theraselves with peo ple, whose circumstances are wholly different from their own, and who are actually, merabers of the state of New Hampshire.— ^A considerable number of inhabitants ofthose sixteeen towns (I am well informed) are entirely averse to a disunion with the state of New-Hampshire, and are about to apply to this state for protection ; indeed, sorae have already ap plied. And are not the people in this state under every obligation, civil and sacred, to grant their brethren the needed defence ? I beseech you. Sir, for the sake of the people you preside over, and the said people, for the sake of their future peace and tranquility, to relinquish every cormection, as a political body, with the towns on the east side of Connecticut river, who are members of the state of New-Hampshire, en titled to the sarae privileges as the other people of said state, from which there has never been any attempt to restrict them. I am, Sir, with due respect, , Your obedient humble servant, MESHECH WEARE, President of the Council of the state ofN. H. Hon. Thomas Chittenden, Esq. On the receipt of this letter. Governor Chittenden convened the Coun- . cil ; and Gen. Ethan Allen was requested to repair to Philadelphia, to ascertain, in what light the proceedings of Vermont were -viewed by Congress. On his return, Gen. Allen made the following report. " To his Excellency the Governor, the Honourable the Council, and to the Representatives of the freemen of the State of Vermont, in ¦ General Assembly, met.* Gentlemen, The subscriber hereto, begs leave to make the folio-wing report, -viz. By the desire of his -Excellency, and at the request of several of the Members of the honourable the Council, to rae made in September last, I have taken a journey to Philadelphia, in order to gain knowledge how the political situation of the State of Verraont stood, in the view of Congress j which I here exhibit. On the l6th dayof Septeraber last, I ara informed by members of con gress, that the delegates from thestate of New-Hampshire exhibited to * At this session of the Legislature, representatives from ten of tbe sinteen towns on I . ..j_ -fr. j..^ j^^j^ jjj^.^ ^^^ .^ ^^^ General AsBeBibly.— Williasoa. CONTROVERSY WITH NEW-HAMPSHIRE. 93 congress a remonstrance (which they had, previously, received from the council and assembly of said state) against the proceedings of the state of Vermont, with respect to their taldng into union a nuraber of towns, on the east side of Connecticut river, and in their inviting other towns to revolt from New-Hampshire; a copy of which I, herewith, exhibit : a matter which, they alledge, was incompatible with the right of New- Hampshire, and an infringement on the confederacy of the United States of America ; and, therefore, desired the congress to take the matter un der consideration, and grant sorae order thereon, to prevent the effusion of blood, and the confusion and disorders which would, otherwise, inev itably ensue. The delegates from New-York, at the same tirae, exhibited to congress sundry papers, containing allegations against the state of Verraont, which, after some altercations, were adraitted ; and it was agreed that the sarae, together witkthe remonstrance from the s'tate of New-Hampshire, should be taken under consideration, on the afternoon of the 18th, by a corarait tee of the whole house: at which tirae it was raoved to be brought for ward, but urgent business occasioned its being deferred to the 19th ; at w;hich time I arrived at Philadelphia, and being, iijiraediately, informed of the business by some ofthemembeis of congress, I used my influence against its being hastily determined ex parte ; and particularly objected to the complaints from the states of New-Hampshire and New- York, their being both considered at the same time, alledging that they were of a very different nature. And, in consequence of this, together with my earnest request and application, I obtained assurance that the raatter should not be brought to a decision, before I could have an opportunity to lay the matter before this people ; as I had, previously, let the raembers of con gress know, that the asserably of this state was to sit at this tirae ; and I engaged to transmit the proceedings of this assembly to congress, as soon as they transpired, at their request. The allegations, thrown by New- York, received a raost severe shock on the perusal of my late pamphlet in answer to his Excellency Governor Clinton's proclaraation, dated in February last, containing certain over tures to the inhabitants of this state ; as well as frora ray large treatise on the nature and raerit of the New- York claira, and their treatment to the inhabitants of this now state of Verraont. In fine, the New-York com plaints \^^ll "never prove of sufficient force in congress, to prevent the . establishment of this state. , But, from what I have heard and seen of the j disapprobation, at congress, of the union with sundry towns, east of Con- I necticut river, I am sufficiently authorised to offer it as my opinion, that, , except this state recede from such union, iraraediately, the whole power ' of the confederacy of the United States of Araerica will join to annihilate ! the state of Vermont, and to vindicate the right of NewiHampshire, and ; to raaintain, inviolate, the articles of confederation, which guarantee to 'i each state their privileges and iraraunities. "^ Thus, gentlemen, I have given you a short representation of the political situation of this state, as it now stands in the general congress of the United-States of Araerica, upon which I stake ray honour. Given under my hand, at Windsor; this lOth'day of Oct. A. D. 1778. ETHAN ALLEN." 94 CONTROVERSY WITH NEW-HAMPSHIRE. Immediately after the foregoing report was made, the Legislature of Vermont took up the subject of the union ; and the following proceedings were had thereon. "* State op ? i^'General Assembly, at Windsor, Tuesday, Oct. 13, 1778. Vermont, 5 •" • 7^1 Resolved, That this assembly now join his Excellency the Governor, arid the honourable council, in the committee of the whole ; to take into consideration the matters contained in the letter of the 22d of August last, frora the honourable Meshech Weare, Esq. President of the Council of New-Hampshire to his Excellency Governor Chittenden ; and every matter which may relate to the subject therein contained ; and that they report, thereon, to this assembly. State op I Windsor, October 13th, A. D- 1778. VERMONT, 5 .- ¦ _ In a committee of the Governor, Lieutenant Governor, Council and ISepresentatives of the general assembly of said state ; to take into consi deration the matters contained in a letter of the 22d of August last, from the honourable Meshech Weare, Esq. President of the Council of New- Hampshire, to his Excellency Governor Chittenden ; and every matter, wljich may relate to the subject therein contained. His Excellency Thomas Chittenden, Esq. in the Chair. Bezaleel Woodward, Esq. Clerk. Sundry papers were laid before the coraraittee, viz. A letter from President Weare to Governor Chittenden, dated August 22d last. Answer from Governor Chittenikn to President Weare, dated Sept. 3d. Copy of a letter frora President Weare, in behalf of the council and as sembly of New-Hampshire, to their merabers at the Continental Congress, dated August 19th, 1778. Report of Col. Ethan Allen, frora members of congress of the 10th inst. Protest from Hinsdale, Brattleborough, &c. dated April 15th. And a copy of a letter frora Governor Clinton to Pelatiah Fitch, Esq. dated July 7th, 1778. ¦ A verbal representation was also made by Col. Ethan Allen, of the situation of affairs relative to this state, at the honorable Continental Con gress : after which, the matters, relative to the union of sundry towns, east of Connecticut river, with this state, were largely discussed. Committee then adjourned till to-raorrow raorning, eight o'clock : and continued, by various adjournraenfs, to the.l6th. October l6ili, — Coraraittee met, according to adjournment — when the following question was put, viz. Whether this committee will enter on such measures as raay, in their opinion, have a tendency to support the union with the towns, east of Connecticut river ? which was voted in the affirmative. Committee adjourned till to-morrow morning, eight o'clock. October 17 th. — Coraraittee met, according to adjournment : at which time Ms Excellency Governor Chittenden, his honor Lieutenant Governor Marsh, Cgl Elisha Payne, the honorable Jonas Fay and Beaaleel Woodi CONTROVERSY WItH flEW-HAMPSHlRE. 95 ward, Esq. were appointed a committee to draw the out-lines ofa plan to be pursued, for the further establishment of the state ; and to lay a founda tion for an answer to President Weare's letter to Governor Chittenden. Committee adjourned till Monday next, two o'clock, P. M. Monday, October 19th. — Committee raet, according to adjournment. The committee, appointed on the 17th instant, made their report, as on file ; which was repeatedly read, and approved. And thereupon Voted, That this committee, ha-ving taken into their consideration the matters contained in the letter from the honorable Meshech Weare, Esq. President of the Council of . New-Hampshire, to his Excellency Governor Chittenden, &c. agree to report to the general assembly the measures proposed by their sub-committee, as having, in their opinion, the most effectual tendency for the further establishment of this state.— Which were reported accordingly : and are as follows, viz. State op Vermont, Windsor, October I9th, A. D. 1778. To the committee, consisting of the Governor, Deputy Governors Council and House Of Representatives. Your committee, appointed to draw the out-lines ofa plan to be pur sued for the establishment of the state, beg leave to propose as follows, viz. First. That a declaration be drawn up, setting forth the political state of the grants, on both sides of Connecticut river, from the time of their being granted — viz. that the grants were taken as being under jurisdiction of the governraent of New-Hampshire; where the grantees expected to have remamed : — ^that the King of Great-Britain, under the influence of false and ex-parte representation, passed a decree in Council, A. D 1764, that part of the grants should be under the control of the government of New- York : — ^that said decree was, ill its nature, void, from the begin ning, on account of the undue influence, under which it was obtained : and that the whole of said grants were, consequently, of right, under the same jurisdiction, as before said decree took place — ^but the (Jovernor of New-Harapshire, not exercising jurisdiction over those, west of the river, they remained, part under the jurisdiction of the government of New- York, but the greater part in opposition thereto, till near the time of the declaration of independence of the United States, by which the whole of the grants became unconnected with any state ; and had an opportunity to assert, and enter on, measures to support their just rights, and were at liberty to unite together, or with any other state, which might agree to re ceive them. In Ibis situation, the inhabitants on the grants, west of the river, (already determined, by the cruel treatment they received from New- York, not to be under the control ofthat state,) entered on measures for establishing government among themselves ; and a considerable number of towns on the grants, east of the river, after various ineffectual endeavors to unite with New-Hampshire, on such principles as they esteemed just and equitable, united with the grants, west of the river on the plan of government, which they had adopted; and with them have solemnly covenailted to support eadi other in said government. And as, by their situation and agreement, in manners, habits, &c. they conceive they are called upon, and w^ranted, to set up and maintain civil govern- 96 CONTROVITRSY WITH NEW-HAMPSHIRE. tnent in a distinct state ; and as those grants ought not to be divided be' tween New- York and New-Hampshire, or any other way, merely to serve interested views; they are . unanimously determined, in every prudent and lawful way, to maintain and support, entire, the state as it now stands. Second. That proposals be made to New-Hampshire, that those towns only, which lie west of the Mason claim, and which shall accede to a union with this state, agreeable to a resolve of assembly at their session, at Bennington, the eleventh day of June last, be admitted to a union with this state. And, in case New-Hampshire shall not agree thereto, or to sorae line that shall be agreed on, as an equivilent, that they agree to a submission of all matters of complaint and dispute in the premises, to congress, for a decision; the grants being allowed equal privileges as the state of New-Hampshire, in supporting their cause — or that they submit the matter to any court, that may be agreed on, and constituted by the parties, for a decision ; saving to theraselves, in the trial, all right, pri vilege and advantage, which they had, of might have, by any forraer grant, jurisdiction, power and privilege, on account of any former sit uation or connection with any province or state, heretofore had ; and notwithstanding any subsequent transactions. Third. That a committee be appointed to draw these proposals at large, and report them to this assembly ; that they raay be transmitted to the council and assembly of New-Harapshire, desiring their answer ; and that copies thereof be transmitted to congress, and to other states for their information, and forthe vindication of our conduct ; also to all the towns on the said grants. Fourth. That the general assembly proceed to erect courts, and enact laws and regulations for the support of government ; as far as the circum stances of the state will admit. By order, THOMAS CHITTENDEN, Chairman. The joint coraraittee, then, dissolved. Attest, . BEZALEEL WOODWARD, Cferi. In General Assembly, Monday, October 19th. The joint coraraittee of Governor, Lieutenant Governor, Council and Assembly, riiade their report, as before mentioned, and the consideration thereof, was deferred till to-morrow. Tuesday, October 20th. The report of the joint committee of Governor, Lieutenant Govmior, Council and Representatives, made yesterday to this assembly, was read, and approved ; and thereupon. Resolved, That the first and second articles, in the report of measures proposed by the joint committee, be transmitted to the President of the honorable Continental Congress, and to the President of the Council of New-Harapshire, with proper letters accompanying them. Resolved, That Col. Payne, Mr. Jones and Mr. Woodward, be a com mittee, to join a committee from the council, to make a dyaft of the a- bove raentioned letters, to be laid before this assembly. Resolved, That a commi^ee be chosen, by ballot, to draw up the pro* posed declaration at large, to be laid before this assewblj^. CONTROVERSY WITH NEW-HAMPSHIRE. 197 Chose Col. Allen, Col. Payne, Dr. Fay, Mr. Woodward and General Sayley, a committee for the above raentioned purpose. Resolved, That the two first articles, in the report of measures propo sed to be pursued, for the establishment of the state, be printed in hand bills, and transmitted to all the towns on the New-Hampshire grants. Resolved, That Mr. Nathaniel Robinson, Col. Payne, Mr. Woodward, Capt. John Fassett, jun. Mr. Post, Capt. Throop, Capt. Ebenezer Cur- tiss, Maj. Bayley and Mr. Wellit, be a committee, to join a committee from the council to draw a bill to be laid beforfe this assembly, for divi. ding the state into four counties. Wednesday, October 21st. The following questions were proposed, and answered, as herein stated, Qwesft'on 1st. Whether the counties, in this state, shall reraain as they were established by this assembly, at their sessions in March last ? Yeas 35, viz. Capt. Noble, Capt. John Fassett, Mr. Millington, Capt. John Fassett, jun. Mr. Thomas, Mr. Bradley, Capt. Gideon Ormsbee, Mr. Powell, Capt. Underbill, Mr. Moses Robinson, Mr. Adams, Mr. Rowley, Mr. Ward, Mn Lewis, Mr. Post, Mr. Belknap, Capt. Jonathan Fassett, Capt. Powers, Mr. Foot, Capt. Starr, Mr. Wells, Mr. Hamilton, Capt. Knight, Col. Fletcher, Mr. Nathamel Robinson. Mr. Webb, "* Mr. Scott, Capt. E. CurfisSj Mr. Gallup, Capt. Williams, Capt. Throop, Capt. Hodges^' Mr. Harris, Mr. Miles, Mr. Cooper, Nays 26, viz. Col. Walbridge, Mr. Jackson, Mr. Alvord, Mr. Aikeii, Mr. Tilden, Mr. BsUthoIomew, Mr. Smith, Mr. Benjamin Baldwin, Mr. Nutting, Mr. Foster, Mr. Estabrook, Capt. Wheatley, Capt. Turner, Mr. Freeman, Capt. Woodward, Mr. Thomas Baldwin Col. Payne, Mr. Chandler, Maj. Bayley, Capt. Young;, Mr. Curtiss, Capt. Hatch, Mr. Parkhurst, Mr. Harvey, Maj. Chandler, Mr. Woodward. N 98 eoNTROVERSV W^TH NEW-HAMlPSHlRE. The following reasons were assigned by those on the negative of the foregoing question, and inserted by their desire, viz. We, whose names are hereunto annexed, bteing entered as nays, en the foregoing question, hereby assign our reasons for thus -v'oting. First. Because the whole State of Vermont was, (by the establishment referred to in the question) in March last, divided into two counties only ; whieh was previous to the union of the towns, east of Connecticut river, with this state 5 and, consequently, they never have been annexed to any county in thestate; and;, therefore, will thereby, be put out of any pro tection or privileges of said state ; which we conceive to be inconsistent with the 6th section of the bill of rights, established as part of the Con stitution. Second. Because the affirmative of the question is in direct opposition to the report of the committee of both houses (of the 19th inst.) on the subject; which was confirmed by a resolve of Assembly yesterday ; as may appear by the report of said committee, and resdves of the house thereon ; reference thereto, being had. Bezaleel Woodward, John Wheatiey, Jonathan Freeman, John Young, Abel Curtiss, Ebenezer Walbridge, John Nutting, Frederick Smith, Question 2d. Whether the towns, east of Connecticut river, included in the union with this state, «hall be included in the county of Curaberland ? Question 3d. Whether the towns on the east side of Connecticut river, who are included, by union, within this state, shall be erected into a dis tinct county by theraselves ? Elisha Paynip, Stephen Tilden,- Bela Turner, Thomas BaWwln, Benjamin Baldwin, Abraham Jackson, Tim. Bartholomew, Abner Chandler^ James Bayley, Alexander Harvey, David Woodward, Edward Aiken, Nehemiah Estabrool^ Joseph Hatch, Joseph Parkhurst, Reuben Foster. Yeas28,viz. Col. Walbridge, Mr. Jackson," Mr. .^Ivord, Mr. Aiken, Mr. Tilden, Mr. Parkhurst, Mr. Bartholomew, Mr. Smith, Mr. Benjarain Baldwin^ Mr. Nuttirig, Mr. Foster, Mr. Estabrook, Capt. Wheatiey, Capt. Turner, Mr. Lewis, Mr. Freeman, Capt. Woodwwd^^ Nays 33, viz. Capt. Noble, Capt. John Fassett, Mr. Millington, Capt. John Fassett, jun. Mr. Thomas, Mr. Bradley, Capt. G. Ormsbee, Mr. Powell, Capt. Underbill, Mr. Rowley, Mr. Moses Robinson, Mr. AdaittS, Mr. Belknap, Mr. Wai-d, Mr. Post, Capt. Jonathan F?issett, Capt. Powers, CONTROVERSY WITH NEW-HAMPHSIRE. S9 Mr. Thomas Baldwin, Capt Young, Mr. Abel Curtiss, Capt. Hatch, Col. Payne, Mr. Harvey, Mr. Chandler, Mr. Woodward, Maj. Bayley, Col. Morey, Capt. Ormsbee. Mr. Foot, Capt. Starr, Mr. Wells, Mr. Hamilton, Capt. Knight, Col. Fletcher, Mr. N. Robinson, Mr. Webb, Mr. Scott, Cap. E. Curtiss, Capt. Williams, Capt. Throop, Capt. Hodges, Mr. Harris, Mr. Miles, Mr. Cooper. We, whose names are under -written, were on the affirmative of the two last foregoing questions, because, the negative being passed, the towns on the east side of Connecticut river, who are included, by union, with this state, are thereby effectually debared from all benefit, protection and security of the comraon wealth of ^erwionf, in violation tif the sixth ar ticle in the bill of rights, which is established as part of the constitution of said state ; and in violation of the public faith of said state, pledged by their general assembly, at Bennington, June llth, 1778 ; and also a re solve of this assembly passed yesterday, whereby the towns, east of the river, which were received into union with said state, were entitled to all the privileges and immunities, vested in any town in said state ; as by said resolutions may appear, reference thereto being had. Bezaleel Woodward, John Wheatiey, Jonathan Freeman, John Young, Abel Curtiss, Ebenezer Walbridge, Joseph Parkhurst, Ichabod Orsmbee, James Bayley, Alexander Harvey, David Woodward, Edward Aiken, Nehemiah Estabrook, Joseph Hatch, Israel Morey^* Elijah Alvord. Elisha Payne, Stephen Tilden, Bela Turner, ThomEis Baldwin, Benjamin Baldwin, Abraham Jackson, John Nutting, Abner Chandler, Abn«'r Lewis, Resolved, That the following matters be printed, for the perusal of the several towns represented in this asserably. i}iz. A list of the naraes of representatives, who have attended this assem- >ly, with their, towns annexed. The resolution of the house by which the joint committee was formed. The report of the joint coraraittee on the 19th inst. The proceedings of assembly thereon, yesterday. The resolution passed yesterday, respecting division of counties. And the whole of the proceedings of Assembly, passed this day, toge- -Sier with the reasons annexed by dissentients. Extracted from the Journals and compared. By BEZALEEL WOODWARD, Clerk. 100 CONTROVERSY WITH NEW-HAMPSHIRE, The unanswerable appeal contained in the communication of Presi^ dent Weare to Governor Chittenden, together with the report of Ethan Allen, seem, at length, to have brought the Legislature of Vermont to a stand, on the subject of the union. The votes, which we have recorded, plainly evinced a determination to proceed no further in the hazardous experiment. These proceedings, however, produced great excitement in the feelings of the rainority. This minority consisted of the merabers frora the towns east of Connecticut river, and sundry raembers from the vicinity of the river, in Vermont. Not contented with entering their reasons on the journals of the assembly, they drew up, and presented to that body, a raore formal protest ; in which they were joined by the Lieutenant Governor, and two of the Council. This protest is as follows. State op > Windsor, October 22d, A. D. 1778. Vermont, ss. 5 We, whose names are under written, raerabers of the Council and general assembly of said state, beg leave to lay beforp the assembly the following, -las our protest and declaration against their proceedings on Wednesday the twenty-first hist, in passing the three following votes or resolutions, viz. First. " That the counties, in this state, shall reraain as they were established by the Assembly of this state in March last." Second. " That the towns on the east side of the river, included in the union with this state, shall not be included in the county of Cumberland.'^ Third. " That the towns, onthe east side of the river, shall not be erected into a distinct county by themselves." As by said votes on the journals of the house may appear. Which votes are illegal, and in direct violation of the Constitution of this state, and the solemn engagements and public faith pledged by the resolutions of said asserably ; as by the following observations will plainly appear, viz. 1. That as the towns, on the east side of said river, were never annex ed to any county in said state, they are, consequently, by said votes, en tirely excluded the liberties, privileges, protection, laws and jurisdiction of said state ; all which were granted them by the state, by an act or re solve of assembly, passed at Bennington, in June last, containing the union and confederation of the state and said towns ; by which act or resolve of asserably, every town included in the union, received, by grant frora the then state of Verraont, all the rights, powers and privileges of any other town in said state ; which they cannot be deprived of, without their consent ; as it is a raaxim that the grantor or grantors cannot re-assume their grant, without the surrendry of the grantee or grantees. 2. That said votes are in direct opposition to a solemn resolution of this assembly, passed the 20th inst. establishing the report of the commit tee of both houses ; in which report the assembly have solemnly cove nanted to defend tiie whole of the state> entire, as it then was, including said towns. ''. CONTROVERSY VHTH NEW-HAMPSHIRE. 101 3. That, by the Constitution of the State, especially the sixth article 5n the bill of rights, government is instituted, or declared to be, a right of every part of the coraraunity, and not a part only^ Said votes, there fore, are a violation of the Constitution. 4. That, so far as the asserably have power, they have, by said votes, totally destroyed the confederation of the state, by depriving those towns, included in the union, of the exercise of any jurisdiction, power or privi lege, granted thera in the confederation, by which the towns in the state are corabined and held together as one body. And as no political body can exercise a partial jurisdiction, by virtue of a confederation or agreeraent of the people to exercise governraent over the whole ; it is, therefore, either void, or destroys both the confederation and Constitiition. We do, therefore, hereby publicly declare and raake known, that we cannot, consistent with our oaths and engageraents to the state, (so long as said votes stand and continue in force,) exercise any office or place, either legislative, executive, or judicial, in this state ; but look upon our selves as being thereby dischcurged from any, and every, forraer confede ration and association with the state. J. Marsh, D. Governor, Peter Olcott, Assistant, Thos. Moredock, Assist. Elisha Payne, Bezaleel Woodward, James Bayley, Stephen Tilden', John Wheatiey, Alexander Harvey, Bela Turner, Jonathan Freeman, David Woodward, Abner Chandler, Ichabod Ormsbee, Elijah Alvord, Benjarain Spaulding, Reuben Foster, Frederick Smith, John Nutting, Joseph Parkhurst, Israel Morey, Benjamin Baldwin, Abel Curtiss, Nehemiah Estabrook, Thomas Baldwin, John Young, Joseph Hatch. The protesting merabers immediately withdrew from the Legislature, leaving, in the Assembly, a number barely sufficient to constitute a quorum. This number proceeded to finish the business of the session, and adjourn ed, on the 24th of October, after having provided, by the following reso lution, for ascertaining the sense of the people onthe subject of the union. " In General Assembly, Windsor, October 23d, 1778. Resolved, That the raembers of this Assembly lay before their constit uents, the situation of the union subsisting between this state and sixteen towns, east of Connecticut river ; and be instructed how to proceed rela tive to said union, at the next session of this assembly. Whereas there are several inhabited towns in this state, that have not been represented in this assembly, according to constitution ; and others, whose representatives have withdrawn themselves, and refuse to take a seat in this house : Therefore, Resolved,' That the constable or constables of each respect ive town in this state, that is nut fully represented, according to constitu tion,, and of each, respective town whose representatives still refuse to take their ijeats, be, and are hereby directed, to warn all the freemen of J02 CONTROVERSY WITH NEW-HAMPSHIRE, then- respective towns to meet together at some convenient time and place, by tbem appointed, within such towns, before- the next adjourned session of asserably, and make choice of a representative or representa tives to attend the assembly, at their adjourned session, to be holden at Bennington, on the Second Thursday of February next." The excited feeling, which produced the secession of the protesting raembers, urged them to measures of a more alarming character. They immediately assembled, and raade arrangeraents for the meeting'of a con vention ; to which they invited all the towns, in the vicinity of Connecti cut river, to send delegates.* This convention met at Cornish, in the state of New-Hampshire, on the 9th of December, 1778. The only ac count of their proceedings, which we have been able to find, is contained in the following abstract of their proposals to the state of New-Hampshire. 1. "To agree upon and settle a dividing line between New-Hampshire and the grants, by committees from each party, or otherwise, as they may mutually agree. Or, 2. That the parties mutually agree in the appointment of a court of commissioners of disinterested, judicious men, of the three other New- England states, to hear and determine the dispute. Or, 3. That the whole dispute with New Hampshire be subraitted to the decision of Congress, in such way and raanner as Congress, in their wisdora, shall prescribe. Provided always. That the grants be allowed equal privileges with the other party, in espousing and conducting their cause. Or, 4. If the controversy cannot be settled on either of the foregoing ar ticles, and hi case we can agree with New-Harapshire upon a plan of gov ernment, uiclusive of extent of territory, that we unite with them, and be come with them one entire state, rejecting the arbitrary line drawn on the western bank of Connecticut river, by the King of Great-Britain, in 1 764." The people of Vermont were now fully awake to their danger. The im policy, as well as mjustice of aiding in the disraemberraent of New- Hampshire, became too apparent, to admit a doubt as to the course proper to be pursued. They were wise enough to retrace their steps, and rid themselves of a connexion which threatened their ruin. Accordingly, on the second day of the following session, the assembly of Vermont disr solved the union ; as will appear by the following extract from the journal of their proceedings. " In General Assembly, February 12th, 1779. Resumed the consideration of the union between this state and sixtfeen owns, east of Connecticut river; when, the instructions of the freemen of this^te to their representatives, concerning said union, being examined, * Williams. Controversy with ne"W-hampshire. 103 it appears that they are instructed to recede from such union. There fore, Resolved, that Mr, Hibbert and Mr. Wells be a committee to join a committee from the council, to prepare a draught relative to dissolving the union between the sixteen towns, before mentioned, and this state 5 and report thereon to this House. The coraraittee appointed to prepare a draught relative to dissolving the union with sixteen towns, east of Connecticut river, with this state, brought in the following report, viz. Whereas, in consequence ofa representation raade to the general assem bly of this state, at their session at Windsor, in March 1778, by a com mittee, consisting of seven persons, inhabiting several towns, lying contig uous to the east side of Connecticut river, that a number erf inhabited towns, east of said river, were then unconnected with any state, in regard to their internal police: and, on said comraittee's application- to the gen eral assembly, that the said towns raight be admitted into union with this state, orders were issued by the asserably to the representatives' constitu ents, for instructions in the premises : And whereas, in consequence of such instructions, the representatives of said constituents, when met, at their adjourned session, -at Bennington, on the eleventh day of June last, did receive into union with said state, sixteen towns, east of said Connecticut river, and grant leave for other towns t-o unite, if they should choose : And whereas, a dispute has arisen, in respect to the right New-Hamp shire have t-o exercise jurisdiction over those sixteen towns, as claimed in a letter to his Excellency Thomas Chittenden, Esq. by Meshech Weare, Esq. President of the HonourableCouncil of thestate of New- Hampshire, dated August 22d. 1778 : And whereas, the general assembly df this state did, at their session at Windsor, in October last, agree on certain methods (conta.ined in the re port of the grand committee of both houses) to settle and adjust the dis- putewith New-Hampshire' ; nevertheless, the measures to be pursued to effect tbose methods, were rendered impracticable by the raerabers, east of said river, withdrawing themselves frora the house, in an unconstitutional manlier, and forming a convention, in direct violation of the most solemn oaths and obligations into which they had entered, declaring themselves discharged from any aad every former confederation and association with this state : And wh^eas, your committee haVe just grounds to apprehend that the said sixteen towns are, of right, included within the jurisdiction of New- Hampshire ; tbey are, therefore, of opinion, that the said union ought to fee considered as being null, frora the beginning. JONAS FAY, Chairman of Committee. The above draught being read, was accepted, and this house do, there upon, resolve that the said union be, and is hereby dissolved, and made totally void, null and extinct; and that his Excellency the Governor be, .and he is hereby dire^d to communicate the foregoing draught, and re solve thereon, to the President af the Council of the state of New-Hamp- sbjre." 104 CONTROVERSY WITH NEW-HAMPSHIREr The foregoing report at^ resolution were transmitted to New Kainf^ shire, by Ira Allen, Esq. who presented the same to the President and Council ofthat state, on the 20th of March following. On his arrival, he found an effort was making to carry into effect the proposals of the Cor nish convention ; as appears by the following petition. "To the Honourable the President in Council, and the Representatives) of the State of New-Hampshire, in General Assembly convened — The subscribers hereto, beg leave to represent. That a large number of charters of incorporation of certain tracts of land, were formerly issued from their Excellencies Benning Wentworth and John Wentworth, Esqrs. in the name of the King of Great-Britain, lying and being west of the Mason grant, and east of a.north line, drawn frora the north-west corner of the now state of the Massachusetts-Bay, to Lake Champlam, and from thence to the latitude of forty-five degrees. — That in the year 1764, the aforesaid King of Great-Britain, in violation of his contract with the grantees, and in an arbitrary manner, passed » deei'ee, that there should be a division of the aforesaid grants between the then Province of New- York and New -Hampshire ; to which decree, the inhabitants of said grants were then, and have, ever since, been averse ; as they were, thereby, deprived of privileges which they, of right, claim ed, and, in their settlement, reasonably expected, within the jurisdiction of New-Hampshire. — That the inhabitants aforesaid, since the declara tion of independence, view theraselves at liberty to connect in one body politic, or unite with any other state.— Tbat they are now, in general, de sirous of an union with the state of New-Hampshire. That the represent atives of the people, in assembly, on thfi^20tk of October last, voted, that a defence of the rights of the people be stated by a committee appt ihted for that purpose^ and that answers to some letters, &c. be drafted by said committee. — Also, that offers be made to the state of New-Hampshire, either to settle a boundary line between said New-Hampshire and the grants,by a committee mutually chosen, or in such way as Congress may point out ; or to make an offer of the whole of said grants to New-Hamp shire. That on the 9th day of December last, by a convention of committees delegated by the inhabitants of said grants,* it was voted, that proposals of an union with said New-Hampshire be made to the assembly of said state. In consequence whereof, we, the subscribers, being duly authorised for that purpose, do now propose to this honourable court, that the whole of said grants be connected and confederated with said state of New-Hamp shire, receiving and enjoying equal privileges and immunities with the good people of said state. Dated at Newbury, this 17th day of March, 1779. JACOB BALLEY. DAVENPORT PHELPS, IVillisnis There were hut eight towns in Vermont, represented in this conventidD- CONTROVERSY WITH NEW-HAMPSHIRE, 105 The following are the proceedings of the Legislature of New-Harap- .shire, on the foi;egoing petition. STATE OF NEW-HAMPSHIRE In the House of Representatives, April 2d, 1779s The coraraittee onthe petition of Gen. Bailey and Mr. Phelps, relating to the New-Harapshire grants, so called, reported, "that this state should lay claim to the jurisdiction of the whole of the New-Hampshire grants, so called, lying to the westward of Connecticut river, setting forth the right this state has to the same : allowing and conceding, nevertheless, that if the honourable Continental Congress shall allow the said grants, to the west ward of Connecticut river, to be a separate state, as now claimed by some of the inhabitants thereof, by the name of Vermont, that in such case the state of New-Hampshire will acquiesce therein. — And that this state shall exercise jurisdiction as far west as the western bank of Connecticut river, and no further, until the dispute is settled by Congress. By order of the major part of the committee, (Signed) JOSIAH BARTLET, Ch. , Wliich report being read and considered — Voted, That it lie for further consideration, until the next session of the general assembly of this state. Sent up for concurrence, JOHN LANGDON, Speo/i;©-. In Council the same day, read, and concurred. E. THOMPSON, Sec'ry. STATE OF NEW-HAMPSHIRE. In the House of Representatives, June 24th, 1779. The house, by ¦vote, took under consideration the report of the com mittee of the second day of April last, which was, ' at that session, voted to lie for consideration until this session, relative to the New-Harapshire grants, &c. And the question being put, whether the report of the said committee be received and accepted, or not ? It pasised uj the affirmative Sent up for concurrence, JOHN LANGDON, Spealcer. In Council, the 25th of June, 1779, readttad concurred. E. THOMPSON, &q'?a^. O 106 CONTROVERSY WITH NEW-YORK. Between the claims of New-Yorlt, qn the one hand, and NewrHatnp- shire, on the other, Verraont was now reduced to a situation extremely embarrassing ; and, to add to the erabarrassrnent, Massachusetts also, laid claira to a part of her territory. At this critical moment, when the state was thus threatened with anni> hilation, events took place, in the county of Cumberland, which gave a ¦ n.ewi impulse to the controversy with NewrYork. A party h^-d always ei^isted in that county, opposed to the independence of Vermont ; and yielding, hitherto, but a reluctant submission to its ai^thority. A'con- vention was organized from the disaffected^ which raet at Brattleboro, on the 4th of May, 1779? and addressed the Governor of New-York in the following petition. To His ExceUency George Clinton, Esq. Governor of the State of New- York, General and Commander in Chief of all the Militia, and Ad- nji^aloft^Navy cfithe same. Tl}fi. Petition of tlie Committees cf the towns of Hinsdale, Guilford, Brattleborqvgh,Fulham,Putney, Westminster, Rockingham, Spring field, and Weathersfield, in Cumberland Coimty, chosen for tliepur- poficof opposing- ihe pretev^d State of Vermont, and convened at Brattleborough, the 4th May, 1779 ¦ Humbly ssewbth. That there being a numerous party, in avowed opposition to legal au thority, your petitionjers, and, others, \f&ve been compelled to submit, thoitghreluiCtantly, to live without the benefits arising from a well regula ted government. They have beendestitute of the regular raeans of pu nishing the most atrocious offenders, and of compelling the execution of private justice. In short, they are, and foi* a long time have been, in such anarchy, that even committees, where they do exist, are without power. in this distracted condition your petitioners have waited, -mth much impatience, the leisure of the grand council of the Araeriean empire, to whose authority alone, these deluded men pretend submission. We had no doubt, as we understood appBcation had been made for the purpose, but Congress would use the first moraent they could spare from more im portant concerns, to recommend to the revolted subjects of the state, a re turn to their allegiance. — We are encouraged to expect it ; not only as the revolt established a precedent which raight be dangerous in other states, and as the continent could derive no assistance, of consequence from the grants, either in men or raoney, while they remain under a dis puted government ; but because the states had confederated for their general and mutual welfare, and bound themselves to assist each other a- gainst all force offered to; or attacks made upon, any of them, on account of sovereignty, or any other pretence whatsoever. But, to our very great surprise and concern. Congress have not, as far as we can learn, done any thing since the year 1776, in a matter of so great moment to the peace juid harmony of the confederated states. CONTROVERSY WITH NEW-YbRK. 107 That the partizans for a new state, have confiscated and sold, and are selling many valuable real and personal estates. That they have attempted, repeatedly, to exercise judicial and railitary authority over those who continue loyal to the state of New- York ; and have, very lately, had the assurance to take the cattle ofthose who re fused to cotoply With their illfegal orders. They have also assessed, and endeavoured to collect money from those who do not admit the validity of their authority, and have been restrained only by force. In some in- stances, they have intimidated the stibj.ects of New- York state to give up their property, rather than to contend with them. They have also raade prisoner of a 'magistrate, acting under the author ity of the state of New- York, in a matter which no way concerned the subjects of the pretended state of Vermont, and compelled him to give bond iu the penalty of one thousand pounds, lawful money of New-En gland; conditionedfor his appearance before their superior court, in June next. In fine, from the general tenor of their conduct, they now appear determined, at all events, to enforce submission to their government. That the subjects of the state of New- York here, cannot long endure then present ufihappy situation, and ha-ve only the state to which they owe allegiance, to look up to, for succoUr,in this critical and calamitous hom-. The protection of individuals, and their property, we esteem the princi pal end of governraent ; that protection we have a right' to claim, in re turn for our allegiance. And, we have, besides, the solemn engagements of the Legislature, to concur in the necessary measures for protecting the loySil inhabitants of the state, residing in the counties of Albany, Char lotte, Cumberland and Gloucester, in their persons and estates. Your petitioners were in hopes, that the disaffected party would not have reduced them to the disagreeable necessity of applying for protec tion, during the continuance of the war with Great-Britain ; but our present circumstances loudly demand the speedy and effectual execution of the promise made by the Legislature. We shall, otherwise, be compelled to obey a government, which we view as an usurpation, and add our strength to oppose one, -which we conceive entitled to our dutiful obedience and support. Your petitioiiers, therefore, humbly, and in the most urgent and earnest manner, on behalf of themselves and their constituents, intreat, that your Excellency will take immediate and effectual raeasures for protecting the loyal subjects of this part of the state in their persons and properties^ and to convince the honourable Congress, of the impropriety of delaying a publication of their sentiments, in a raatter which so nearly concerns the pekce, welfare, and, probably, the lives of many of their firra adher ents. And your petitioners, as in duty bound, shall ever pray, &c. By order of the committee, SAMUEL MINOTT, GMrman, Brattleborough, May 4th, 1779. 108 CONTROVERSY WITH NEW-YORK, About this time, a military association appears to have been formed in the county of Cumberland, for the purpose of resisting the government of Vermont.- Ethan Allen was directed, by the Governor, to raise the mili tia for the purpose of suppressing it. Upon receiving intelligence of this» Col. Patterson, who held a commission in that county, under the author ity, of New- York, addressed Governor Clinton, onthe 5th of May, re questing directions how to proceed, and suggesting the necessity of send ing the militia of Albany county to his assistance.* The Governor of New- York answered this communication, and the foregoing petition, with assurances of protection ; recoraraending that the. authority of Vermont should, in no instance, be acknowledged, except in the alternative of subraission or inevitable ruin.* On the 18th of May, the Governor of New- York wrote to the Presi dent of Congress, " that matters were fast approaching a very serious crisis, which nothing but the immediate interposition of Congress could possibly prevent ; that he daily expected he should be obliged to order out a force for the defence of those who adhered to New- York ; that the wisdom of Congress would suggest to them what would be the conse quence of submitting the controversy, especially at that juncture, to the decision of the sword; butthat justice, the faith of government, andthe peace and safety of society, would not permit them to continue any longer, passive spectators of the violence committed on their fellow citizens."+ This letter, and sundry other papers, were laid before Congress ; and the following proceedings were had thereon. Tuesday, June 1,1779. According to the order of the day, Congress was resolved into a cora raittee of the whole, and, after , sorae tirae, the President resuraed the chair ; and Mr. Plater reported, that the committee of the whole have taken into consideration the letter' of the 18th of May, frora his Excellency Governor Clinton, the petition of the cotnmittee of Curaberland county, the letter of Col. Patterson to Governor Clinton, Governor Clinton's an swer, &Ci and have come to sundry (resolutions thereon, which he was or dered to report : , The report being read, Congress, thereupon, came to the following re solutions.* r Whereas divers applications have been made to Congress, on the part of the state of New-York, and of the state of New-Hampshire, relative to disturbances and animosities among inhabitants of a certain district, known by the name of " the New-Harapshire grants," praying their in terference for the quieting thereof ; Congress having taken the same into ¦ consideration. Resolved, That a coraraittee be appoinsed to repair to the inhabitants * Williams' history. •|- Abstract of Gov. Clinton'j letter, io Williams' history. '' CONTReVERSY WITH NEW-YORK. 109 ftf a certain district, }uiown by the name of the New-Hampshire grants, and enquire into the reasons why they refuse to continue citizens of the respective states, which, heretofore, exercised jurisdiction over the said district ; for that, as Congress are m duty bound, on the one hand, to preserve inviolate the rights of the several states, so on the other, they will always be careful to provide that;the justice due to the states, does not interfere with the justice, which may be due to individneds : ..That the said coraraittee confer with the said inhabitants, and that they take every prudent raeasure to proraote an araicable settleraent of all dif ferences, and prevent divisions and animosities, so prejudicial to the United States. Resolved, That the further consideration of this subject be postponed until the said coraraittee shall have raade report. Ordered, That they report specially and with all convenient speed. Resolved, That to-raorrow be assigned for electing the committee. Resolved urumimously. That the President inform the Governor of the state of New- Ybrk^ that a more early attention would have been paid to the pressing applications of that state, relating to the disturbances men tioned in his several letters, had it not been prevented by matters of the greatest importance ; and that Congress will continue to pay equal atten tion to the rights ofthat state with those of other states in the union. Wednesday, June 2d, 1779. Resolved, That the coraraittee to repair to the inhabitants of the New iiarapshire ' grants consist of five, any three of whom to be empowered to act : The merabers chosen, Mr. Ellsworth, Mr. Edwards,Mr. Witherspoon, }Av. Atlee and Mr. Root. While this subject was engaging the attention of Congress, Allen marched with an armed force, and made prisoners of the Colonel and militia bfficers, who were acting under the authority of New- York.* This fact was iraraediately made known to Governor Clinton, and by him com- mimicated to Congress, by letter of the 7th of June. The following are the proceedings of Congress thereon. Wednesday, June l6th, 1779. The committee, consisting of Mr. Jenifer, Mr. Armstrong and Mr. Sharpe, to whom was referred the letter of the 7th of June, frora governor Clinton^ brought in a report ; whereupon. Resolved unanimously. That the officers, acting under the state of New York, who were, lately, restrained of their liberty, by certain persons of a district, called th^ New-Hampshire grants, ought to be immediately liberated. Resolved unanimously, Thatthe committee appointed to repair to the inhabitants of a certain district, known by the name of the New-Hamp shire grants, be diiected to enquire into the matters and things contained in the letters of Governor Clinton of the 27th of May and of the 7th inst. * Ij^illiams' history; 110 CONTROVERSY WITH NEW-YORK, and that copies of the said letters be transraitted to the said committee, and that they be directed to report specially to Congress. ^ Resolved unanimously. That it was not the intfention of Congress, by their resolution of the 1st insti nor ought the sarae or any dther part thereof, to be construed to hold up principles subversive of, or unfav6rable to the internal policy of any or either 'of the United States : That as Congress expect very salutary effects frora the appointment of the said coraraittee, therefore, all further proceedings on Governor Clin ton's letter be postponed until they report. Of the Coraraissioners appointed by Congress to repair to Verinbht, two only attended-=— Dr. WitherSpoon and Mr. Atlee. We learn frora Williattis' history, that they i-epaired to Bennington in June, and after several conferences with the friends of Vermont and New- York, they returned, without accomplishing the purpose of their mission. Frora the journals of Congress, we, merely, leai-n the fact, that they made a report to that body, on the 13th of July, l779. The controversies, arising out of the various claims to the tetritory bf Vermont, had now became a subject of general attention. The import ant consequences in-volved in thera, induced Congress again to take the subject under consideration ; and on the 24th of September, the follow ing important resolutions were adopted. Friday, September 24th, 1779. Congress took into consideration resolutions reported from the com mittee of the whole, which were agreed to, as follows : Whereas, on the first day of June last. Congress, by a certain resolu tion, reciting " that whereas divers applications had been raade to Con gress, on the part of the state of New-York, and of the state of New- Harapshire, relative to disturbances and animosities among inabitafats of a certain district, known by the name of the New-Hampshire grants," praying their interference for quieting thereof, did resolve, " that a cora raittee be appointed to repair to the New-Hampshire grants, and enquire into the reasons why they refuse to continue citizens of the respective states, which, heretofore, exercised jurisdiction over the said district ; for that, as Congress are in duty bound, on the one hand, to preserve in violable the rights of the several states, so, on the other, they will always be careful to provide that the justice due to the states, does not interfere with the justice, which may be due t-o individuals : that the said commit tee confer with the said inhabitants, and that they take every prudent measure to promote an amicable settlement of all differences,*and prevent "divisions and animosities, so prejudicial to the United States :'' and did farther, resol-ye, ^' that the farther consideration of this subject be post poned until the said committee shall have made report." And whereas it so happened, that a majority of the committee appointed in pursuance of the aforementioned resolution, did hot meet ui tbe said MASSACHUSETTS AND NEW-HAMPSHIRE. Ill ^trict» and^ therefore, have never executed the business committed to thein, or raade a regular report, thereupon, to Congress : Ordered, That the said committee be discharged. And where^iS the animosities aforesaid have lately proceeded so fer and risen so high, as to endanger the internal peace of the United States- which renders it indispensably necessary for Congress, to interpose for the restoration of quiet and good order. And whereas one of die great objects of the union of the United States of America, is the rautual protection and security of their respective rights : and whereas it is of the last ioaportance to the said union, that all causes of j.eailousy s^pd discontent between the said states, should be re moved ; and therefore, that their several boundaries and jurisdictions be ascertained and settied : and whereas disputes, at present, sub^t between the states of New-Hampshire, Massachusetts-Bay and NewrYork, on the one part, and the people ofa district of country, cedled the New-Harapshire grants, on the other ; whoich people deny the jurisdietion of each of the said states over the said disitrict, and each of the said states claim the said district against each othev as well as against the said people, as apper- taMvuig, in the whole or ia part, to them, respectively : Resohed imanimiiufdy. That it he, and hereby is, most earnestly, re commended to the states of New-Hampshire, Massachusetts-Bay and New- York, forthwith to pass laws, expressly authorizing Congress to hear and determine all differences between them, relative to their respective; boundaries, in the modje prescribed by the articles of confederation, so that Congress may proceed thereon, by the fiirst day of February next, at the farthest : and further, that the said states of Nw-Haioipshire, Massa- chusetts-iBay and New-Yo»k, do, by express lawsj, for the purpose, refer to the decision of Congress, all djiierences or disputes relative to jurkidic- tioo, which they may, respectively, havei with the people of the district aforesEud, so that Coiogress may proceed thereoq, on the first day of Febr ruary next ; and also to authori^ei Congress to proceed to hear and de termine all disputes subsisting between the; gramtees of the several states aftx^aid, wiw^oae another or with either of the said states, respecting titb toi htnds, lyiog- in the said distitsie^ to be heard and determined in the mode prescribed for such cases, by the articles of confederation aforesaid: and further, to provide that no advantage be taken of the non-perform ance of the conditions of any of the grants o£ the said lands, but thai fur ther reasonable time be allo-wed for fulfilling such conditions. Resolved unanimously. That Congress will, and herdiKy do, pl«dge. their faith to carry into executioiit and.support their dedsionSfiand deter minations in the premises, in favour of whichsoever of the parties the same maybe ; to the end, that permanent concord and- harmony may be established between them, and all cause of uneasiness removed. Resolved unanimously, Thqi Congress wiUj on the said first day/ of February next, proceed, withoi^.d^lay, tC) hear- and eic;UU.iBe into the dis putes and differences relative^ to jurisdiction aforesaid, between the saiu three states respectively, or such of them as shall p*?s the laws before mentioned, on the one p^t, and the people of the district aforesaid, who ckuiniL t% t^ 3t sepa^at^ j,uri^]»o», on, the oth«-c ; aiad, after a full and fair 112 CONTROVERSY WITH NEW-YORfe, hearing, will decide, and determine the same according to equity ; and that neither of the said states shall vote on any question relative to the decision thereof. And Congress do, hereby, pledge their faith to execute and support their decisions and deterrainations in the premises. And whereas it is essential to the interest of the whole confederacy, that all intestine dissentions be carefuUy avoided, and domestic peace and good order maintained : Resolved unanimously. That it is the duty of the people of the district aforesaid, who deny the jurisdiction of all the afore-named states, to ab stain, in the raean tirae, from exercising any power over any of the inhab itants of the saiddistrict, who profess themselves to be citizens of, or to owe allegiance to, any, or either, of the said states : butthat none of the towns, either on the east or west side of Connecticut river, be considered as in cluded within the said district, but such as have, heretofore, actually joined in denying thejurisdiction of eith'er of the said states, and have as sumed a separate jurisdiction, which they call the state of Vermont. And further, that in the opinion of Congress, the said three states afore-named, ought, in the mean time, to suspend executing their laws over any of the inhabitants of the said district, except such of them as shall profess alle giance to, and confess the jurisdiction of, the same respectively. A'nd farther, that Congress will consider any -violences committed against the tenor, true intent and raeaning of this resolution; as a breach of the peace of the confederacy, which they are deterrained to keep and maintain. And to the end, that all such violences and breaches of the public peace may be the better avoided in the said district, it is, hereby, recommended to all the inhabitants thereof, to cultivate harmony and concord among themselves, to forbear vexing each other at law or otherwise, and to give as little occasion as possible to the interposition of magistrates. Resolved vnanimously, Thai, in the opinion of Congress, no unappro priated lands or estates which aiK, or may be, adjudged forfeited or con fiscated, lying in the said district, ought, until the final decision of Con gress in the premises, to be granted or sold. Ordered, That copies of the aforegoing resolutions be sent by express, to the states of New-'York, New-Hampshire and Massachusetts-Bay, and to the people of the district aforesaid, and that they be respectively de sired to lose no time in appointing their agent or agents, and otherwise preparing for the hearings aforesaid. The aforesaid resolutions being read over, and a question taken to agree to the whole. Resolved, unanimously in the affirmative." On the 2d of October, the first of the foregoing resolutions was amend ed, as follows. Whereas in the first resolution of Congress of the 24th ofSeptemba- last, relative to a district of country, called " New-Harapshire Grants," is the following clause, viz. " And also to authorize Congress to proceed to hear and deterraine all disputes subsisting between the grantees of the several states aforesaid, wititi one another, or with either of the sJijd states, respecting title tol^ds, MASSACHUSSETTS AND NEW-HAMPSHlRE. 113 lyingin the said district, to be heard and determined in the mode pre scribed for such cases by the articles of confederation aforesaid :" and whereas no provision is made in the said articles pf confederation for hearing and determining disputes between any state and the grantees of any other state : Resolved unanimously. That the clause, above recited, be repealed. Resolved unanimously. That it be, and hereby is recommended to the states of New-Harapshire, Massachusetts-Bay and New- York, to authorize Congress to proceed to heai and deterraine all disputes subsisting between the grantees of the several states aforesaid, with one another, or with either of the said states, respecting title to lands, lying in the saiti district, to be beard and determined by " coraraissioners or judges," to be appointed in the raode prescribed by the 9th article of the confederation aforesaid. Ordered, That a copy of the preceding resolves be transmitted to the said states of New-Hampshire, Massachusetts-Bay and New- York, and also to the inhabitants of the New-Hampshire grants. The foregoing resolutions were communicated, by express, to the Gov ernor of Vermont, and laid before the Legislature, then in session. The following extracts from the journals of the assembly, will show the meas ures adopted by Vermont, on this occasion. ^^Statf of '? r Vekmont, S General Assembly, October 16th, 1779. Resolved, That a committee of four be appointed, to join a coraraittee from the Council, to form the out-lines ofa plan to be pursued by this state for defence against the neighboring states, in consequence of the late acts of Congress, for that purpose. Committee chosen — Gen. Ethan Allen, Mr. Jones, Mr. N. Clark, and Mr. Fassett." « Ocifo5er 19«*, 1779. Resolved, That this asserably join with the Governor and Council, in 'acoraraitte of the whole, to-raorrow raorning, to take into consideration several acts of the honourable the Congress, of the 24th of September last, relating to a settleraent of all disputes between the states of New- Hampshire, Massachusetts-Bay and New- York, ok the one part, and the state of Vermont on the other.?'. « October 20th,. 1779. The Assembly, wilh the Council, according to their resolution of yes terday, resolved, into a coraraittee of the whole, to take into consideration several- acts of the honorable the Congress, of the 24th September last, •relating to a settlement of all disputes between the states of New-Harap shire,. Massachusetts-Bay and New- York, on the one part, and the state of Vermont, on the other, &c. The committee of the whole being dissolved, the speaker resumed the chair, and the house proceeded to business." " October 21, 1779- The committee of the whole brought in the following report, viz, ^Agreeable to the order of the day, big Excellency the Governor, the P 114 CONTROVERSY WITH NEW-YORK, Council and House of Representatives were resolved into a coraraittee c^ the whole, to take into consideration the letter of the 25th ult. from his Excellency John Jay, Esq. late President of the Congress of the United States of America, inclosing certain acts of Congress, for an equitable settleraent of all differences subsisting between the states of New-Hamp shire, Massachusetts-Bay and New-York, on the one part, and this state, on the other ; and, after some time spent thereon, the Governor resumed the chair, and the following resolutions, being read several times, were agreed to ; viz. Resolved unanimously. That it is the opinion of this committee, that this state ought to support their right to independence, at Congress, and to the world, in the character of a free and independent state. Resolved, That this committee recommend it to the general assembly to make grants of all, or any part of the unappropriated leinds within their jurisdiction, that does not interfere with any forraer grants, as their wis dora raay direct. Extractfrom the minutes, JOSEPH FAY, Clerk.' ¦. On motion made — Resolved unanimously, by this assembly, that they agree to the aforesaid report." " October 22d, 1779 Resolved, That five persons be chosen, by ballot, agents in behalf of the freeraen of this state, to appear at the Congress of the United States of Araerica, on the first day of February next ; and that they, or any three of thera, are, hereby, ftilly authorized and empowered, by the re presentatives of the freemen aforesaid, to vindicate their " right to inde pendence, at that honorable board. And furthermore, our said agents, or any three of them, are, hereby, amply empowered to agree upon, and fully settle, articles of union and confederation, in behalf of this state, with the United States ; which shall be binding on us, on our constituents, and our successors. And our said agents are hereby further empowered to transact all other political affairs of this state, at Congress, as a free and independent state ; and report their proceedings herein, to this assembly, as soon as may be. ^^ Agents chosen — Gen. Ethan .-Mien, the . honorable Jonas Fay, and Paul Spooner, Esquires, Stephen R. Bradley, Esq. andthe honorable, Moses Robinson, Esq." Massachusetts still persisting in her claim to a part of the territory of Verraont, his Excellency Governor Chittenden addressed the President of the Council of that state,as follows. ' Manchester, October 2Uhj 1779. SIR, I am directed by ray Council and the General Asserably of-this state,^ now sitting, to signify to your honor, that his Excellency, John Jay, Esq. the late President of'the Congress of the United States, has, by express, coronwnicated a letter tg me, bearing date the 25th ult. ehclgsing certain MASSACHUSETTS AND NEW-HAMPSHfRE. Il5 acts of Congress, for an equitable settlement of all differences subsisting between thestate of Massachusetts-Bay, New-Hampshire and New- York, on the one part, and this state, on the other ; by which I obtained the first intelligence of a claim being set up and continued, by Massachusetts state,- over any part of this. ./Tlae Gerieral Assembly have been pleased to appoint the bearer. Brig. Gen. Alien, to wait on your honorable Council and General Court, to leal-n over what part of this state you mean tb extend your claira, and how far you raean to carry such pretensions into execution, in the trial at Con» gress, on the first day of February next, agreeable to the acts of Congress, with which, I ara informed, you are served with a copy. Every necps- s^y step: shall be invariably pursued, on my part, to bring about an equitable accomraodation of all differences aforesaid, agreeable to the strict rules of justice and equity ; which cannot be attended to, in my opinion, without an explicit acknowledgraent of the independence of this state ; for . - First. Can any, even the least, reason be given for this state's being putunderthejurisdictionof New- York, contrary to their will ? Have not the inhabitants of Vermont suffered an infinity of evils, by New- York's pretending to exercise jurisdiction over them, when neglected by every friendly power on the continent, even the authority which gave them being, not excepted .'' Second. Have not Vermont, for many years before the late revolution took place between Great-Britain and America, been forced to the last alternative, the absolute necessity of having recourse to arms, to defend their interest, purchased at the dearest rate ; and of exhibiting that same spirit of patriotism, which has, so far, brought Ameriqa out of a state of threatened slavery, into the fruition of freedora and liberty ? Third. Poes not that same spirit of freedom now exist araong the free citizens of Vermont, which is absolutely necessary to be continued, by the United States of Araerica, in order to carry into execution the decla ration of Congress, on the 4th of July, 1776 f Surely it does. ' Fourth. Can such a people be draged, or flattered, into a subjection to any one of the United. States, or be divided to two or more of thera, merely to allow thera a stretch of jurisdiction, and thereby augraent their poxyer ?' Surely they cannot. ¦ If you will please to lay this before your honorable Council and Gen eral Court, and write me your answer, by the bearer, the favor shall be ever gratefully acknowledged by, ,1 > Sir, your honor's most obedient humble servant, , ,,.,_ . THOMAS CHITTENDEN. The honorable the President of the Council of Massachusetts State, '\/Jeimont was now, literally, struggling for existence ; a struggle re quiring the exercise of no ordinary wisdom and firmness. Happily for her; she possessed statesmen, whose resources were equal to any emer gency ; and who' would have done hbtibr to any age or any country. -They perfectly understood the ground on which rested the claim of Vpr^ }16 CONTROVERSY WITH NEW-YORIC, mont to independence ; and it is worthy of remark, that, even at the most trying periods, they were never betrayed into a single measure, evincing^ in the slightest degree, a disposition - to abandon It. Sensible that the prejent crisis deraanded an extraordinary effort, the Governor and Council, on the 10th of December, 1779, published " an appeal to the candid and impartial world."* In this appeal, they declare,, "that they could not view themselves as holden, either in the sight of God or man, to submit to the execution of a plan, which, they had reason to believe, was coraraenced by neighbouring States : — that the liberties and privileges of the State of Vermont, by said resolutions, are tobe suspend-; ed upon the arbitrament and final determination of Congress, when, in their opinion, they were things too sacred ever to be arbitrated upon at all ; and what they were bound to defend, at every risk : — that the Con gress of the United States had no right to intermeddle in the internal po lice and government of Verraont : — that the State existed independent of any of the thirteen United States, and was not accountable to thera, or to their representatives, for liberty, the gift of the beneficent Creator : — that the State of Vermont was not represented in Congress, and could not submit to resolutions passed without their consent, or even knowledge, and which put every thing that was valuable to them, at stake : — that there appeared a manifest inequality, not td say predeterraination, that Con gress should request of their constituents, power to judge and deterraine in the cause, and never ask the consent of thousands, whose all was at stake. They also declared that they were, and ever had been, ready to bear their proportion of the burden and expence of the war with Great Britain, frora its first commencement, whenever they were adraitted into the union with the other states : but they were not so lost to all sense, and honour, that, after four years war with Britain, in which they had ex pended so much blood and treasure, they should now give up every thing worth fighting foi: — ^the right of making their own laws, and choosing I their own form of governraent — to the arbitraraent and determination of any man, or body of men, under heaven." ContrEuy to the expectation of all parties, the subject was not raoved, ; in Congress, on the first of February, 1780. On the 21st of March, it ; was taken up, and the following order raade thereon. « Tuesday, March 21st, 1780. ,, On motion; to proceed to the order of the day for taking into consider- , ation the disputes and differences, relative to thejurisdiction of the states of New-York, Massachusetts- Bay and New-Harapshire, or such of thera, as have passed laws, agreeably to a recommendation of Congress of the - 24th of September last, on the one part, and the people ofa certain tract of country, called the New-Hai^pshire grants, who claim to be a sepa rate jurisdiction, on the other part. * This appeal was drawn up by the honoratile Stephen R Bradley. It waa the editor's inSentioii to iiave inserted it entire in this collection ; bat his utmost efforts to obain it, aided by the obliging attention of the author himself, liave failed of success. Far tbig^b- otractof it, which is here given, the editor is iadebi.ed to Williams' history. MASSACHUSETTS AND NEW-HAMPSHIRE. 11*? -. Ordered, That the same be postponed ; nine states, exclusive of those who are parties tp the question, not being represented in Congress." On the 2d of June, Congress resumed the consideration of the subject, . and thereupon, carae to the following resolutions. " Friday, June 2d, 1780; Congress resumed the consideration of the report of the committee on sundry papers respecting the New-Harapshire grants, and thereupon came to the folowing resolutions : . Whereas, it is represented to Congress, and by authentic evidence laid before them, it appears, that the people, inhabiting the district of country, comraonly known by the narae of the New-Hampshire grants, and claira- ing to be an independent state, have, notwithstanding the resolutions of Congress of the 24th of Septeraber, and 2d of October,' proceeded, as a separate governraent, to make grants of lands and sales of estates, by them declared forfeited and confiscated ; and have also, ¦ in divers in stances, exercised civil and railitary authority over the persons and effects of sundry inhabitants, within the said district, who profess theraselves to be citizens of, and to owe allegiance to, the state of New -York. Resolved, That the acts and proceedings of the people inhabiting the said district, and claiming to be an independent state as aforesaid, in con travening the good intentions of the said resolutions of the 24th of Sep tember and the 2d of October last, are highly unwarrantable, smd subver sive of the peace and welfare of the United States. That the people inhabiting the said district, and claiming to be an in dependent state, as aforesaid, be, and they hereby are, strictly required to forbear and abstain from all acts of authority, civil or military, over the inhabitants of any town or district, who hold themselves to be subjects of, and to owe allegiance to, any of the states, claiming the jurisdiction of the said territory, in whole or in part, until the decisions and determinations, in the resolution aforementioned, shall be raade. And whereas, the states of New-Hampshire and New- York have com plied with the said resolutions of the 24th of Septeraber and the 2d of Ooctober last, and, by their agents and delegates in Congress, declared themselves ready to proceed in supporting their respective rights' to the jurisdiction of the district aforesaid, in whole or in part, according to their, several claims, and in the mode prescribed in the said resolutions :, and- whereas. Congress, by their order of the 21st of March last, did postpone the consideration of the subject of the said resolutions, nine states, exclu sive of those who were parties to the question, not being represented ; and by their order of the 17th of May last, have directed that letters be written to the states not represented, requesting thera iraraediately, to send forward a representation. Resolved, That Congress will, as soon as nine states, exclusive of those who. are parties to the controversy, shall be represented, proceed to hear and exarame into, and finally determine, the disputes and differences, re lative to jurisdiction between the three states of New-rHampsbire, Massa- thusetts-Bay and New- York, respectively, or such of thera, as shall have passed such laws, as are mentioned in the said resolutions of the 24th of Septenaber and the 2d of October last, on the one part, and the people of 118 CONTROVERSY WITH NEW-YORK, the district aforesaid, who claim to be a separate jurisdiction, on the other, in the mode prescribed in and by the said resolutions." '' On the 9th of June, the subject was again called up, and the considera tion of it postponed; as appears by the following extract frora the journals. .« Frikay, June 9th, 1780. Nine states being represented, exclusive of New-Hdjnpshirs, Massa chusetts-Bay and New- York, A motion was raade by Mr. Livingston, seconded by Mr. Scott, agree ably to the resolution of the 2d instant, to proceed to hear and examine into, and finally deterraine, the disputes and dilferences, relative to jm-is- diction between the three states of New Hampshire, Massachusetts-Bay and New- York, respectively, or such of them, as shall have passed such laws, as are mentioned in the resolution of the 24th of September and 2d of October last, on. the one part, and the people of the district, comraonly known by the name of the New-^Hampshire grants, who claim to be a sep arate jurisdiction, on the other, in the mode prescribed in and by the said resolutions. But it being-represented, on the part of Nevy-Hampshire, that the agent specially appointed for that business, is not now present, and, from the great distance, cannot soon attend Congress ; On motion of Mr. Walton, seconded by -Mr. Folsom, Ordered, That the second Tuesday in September next, be assigned to proceed to hear, and examine into, and finally determine, the disputes and differences, relative to jurisdiction, between the three states of New- Hampshire, Massachusetts- Bay and Ne^y-York, respectivelj , or such of them, as shall have passed such laws, as are mentioned in the resolutions of the 24th of September and 2d of October last, on the one part, and the people of the district, coramonly hnown by the narae of the New-Hampr shire grants,; who claira to be a separate jurisdiction, on the other, in the mode prescribed in and by the said resolutions. Ordered, That copies of the aforegoing order be sent to the states of New-York, New-Hamp§hire and Massachusetts-Bay, and to the people of the district aforesaid." The foregoing resolutions were coramunicated to his Excellency Gov ernor Chittenden, who laid the sarae before his Council; and on the 25th of July, addressed the President of Congress, as follows. > Bennington, July 25th, 1780. SIR, 1, , Your Excellency's letter of the 10th ult. enclosing several acts of Con gress, of the 2d and 9th of the sarae raonth, I accidentally received, the 6th inst. have laid thera before my Council, and taken their advice thereon, and now beg your Excellency's indulgence, while I treat on a subject of such raoment in its nature, and which so nearly concerns the citizens of this state. V, However 1 Congress may view those resolutions,' they are considered by the people of this state, as being, in their nature,* subversive of the MASSACHUSETTS AND NEW-HAMPHSIRE. 119 natural rights, which they have to hberty and independence, as well as in compatible with the principles on which Congress ground their own right to independence ; and have a natural, and direct tendency to endanger the liberties of America, which have, hitherto, been defended at great ex- pence, both of blood and treasure. Vermont's right to independence has been sufficiently argued, andthe- good consequences resulting to the United States, from its first assuming government, clearly vindicated, in sundry paraphlets, which have been, officially, laid before Congress. I beg leave to refer your Excellency to " Vermont's appeal," &c. particularly from the thirty second to the forty second page ; in which, araong other things, is contained a particular an swer to the resolutions of the 24th of Septeraber, referred to in there- solves of the 2d of June last ; and a denial of the authority of Congress over this state, so far as relates to their existence as a free and independent government. I find, notwithstanding, by a resolution of the 9th ult. that Congress have assigned the second Tuesday of Septeraber next, to judge, absolute ly, of the independence of Vermont, as a separate jurisdiction. Can Con gress suppose this government are so void of reason, as not to discern that the resolves of the 2d and 9th of June aforesaid, so far as the authority of Cpngress' may be supposed to extend to this state, are levelbd directiy a- gainst their independence ? Vermont, as before raentioned, being a free and independent state, have denied the authority of Congress tojudge of their jurisdiction. Over the head of all this, it appears that Congress, by their resolutions of the 9th ult. have determined that they have power tojudge the cause ; which has, already, determined the essence of the dispute ; for, if Verraont does not belong to some one of the United States, Congress could have no such power, without ^heir consent ; so that, consequently, deterraining they have such a power, has deterrained that Verraont have no right to independence ; for, it is ujterly ifacorapatible with the rights and prerog atives of an independent state, to be under the control or arbitrament of any other power. ' Vermont have, therefore, no alternative ; they must either submit to the unwarrantable decree of Congress, or continue their appeal to heaven and to arms. There may, in future, be a trial at Congress, which of the United States shall possess this territory, or how it shall be divided among them : but this does not concern Verraont. And it is altogether probable that there have been proposals for dividing it between the state of New- Hampshire and New- York, the sarae as the King of Prussia, the Empress of Russia, and the Empress of Hungary divided Poland between those three powers ; with this difference only, that the former are not in pos session of Vermont. The cloud that has hovered over Vermont, since the ungenerous claims of New-Hampshire.and Massachusetts- Bay, has been seen, and its mo tions carefully observed by this government ; who expected that Con gress would have averted the storm : but, disappointed in this, and un justly treated as the people, over whom I preside, on the most serious and candid dejiheration, conceive theinselve^ to he, in this affair, yet, 120 CONTROVlERSY WI'IlJ NEW-YORK, ' blessed by heaven, with constancy of mind,- and connexions abroad, as( an honest, valiant and brave people, are necessitated to declare to your' Excellency, to Congress, and to the world, that, as life, liberty and the rights of the people, intrusted them by God, are inseparable, so they do not expect to be justified in the eye of Heaven, or that posterity would call thera blessed, if they should, tamely, surrender any part. Without doubt. Congress ha-ve, previous to this, been acquainted, that this state has maintained several posts on its frontiers, at its own expence ; which are well known to be the only security, to this quarter, of the frontier inhabitants of the states of the Massachusetts-Bay and New- Hampshire ; and it is highly probable that Albany, and such parts of -the state of New- York, as lie to the northward ofthat, would, before this tirae, have been ravaged by the comraon enemy, had it not been for the indefatigable exertions of this state, and the fears, which the eneray have been, and are still possessed of, that their retreat would be interrupted by the troops frora those posts and the militia of this state. Thus, by guarding the frontiers, has this state secured the friendshipof part of the private gentlemen and yeomanry, even of those states, whose representatives, it seeras, are seeking its destruction. And, havingthe general approbation of disinterested states, this people are, undoubtedly, in a condition to raaintain government ; but should they be deceived in such connexions, yet, as they are not included in the thirteen United States, but conceive tiiemselves to be a separate body, they would still have in their power, other advantages ; for they are, if necessitated to it, at liberty to offer, or accept, terras of cessation of hostilities with Great- Britain, without the approbation of any other man or body of men : for, on proviso that neither Congress, nor the Legislatures of those states, which they represent, will support Vermont in her independence, but de vote her to the usurped government of any other power, she has not the most distant motive to continue hostiUties with Great-Britain, and main tain an important frontier for the benefit of the United States, and for no other reward than the ungratefiil one of being enslaved by them. True, Verraont have taken an active part in the war, subsisting between the United States and Great-Britain, under an expectation of securing her lib erties ; considering the claim of Great-Britain to make laws to bind the colonists, in all cases whatsoever, without their consent, to be an abridg ment of the natural rights of raankind : and it appears that the said re- sol ves of the 2d and 9th of June, are equally arbitrary, and that they fur nish equal motives to the citizens of Verraont, to resist tbe one as the other ; for, if the United States have departed from the virtuous prin ciples upon which they first commenced the war with Great- Britain, and have assumed to themselves the power of usurping the rights of Vermont, it is time, high time, for her seriously to consider what she is fightmg for, and to what purpose she has been, more than five years last past, spilling the blood of her bravest sons. This government have dealt with severity, towards the tories, confis cated some of their estates, imprisoned some, banished some, and hanged some, &c. and kept the remainder in as good subjection,' as any state be longing to the union, And they have, lifcewise, granted iinto wortiiy MASSACHUSETTS AND NEW-HAMPSHIRE. 121 'whigs, in the neighboring states, some part of then- unappropriated lands ; the inconsiderable avails of which, have been faithfully appropriated for the defence of the northern frontiers; which, eventually, terminates in the support of the interest, and securing the independence and sovereign- , ty of the United States : and, after having faithfully executed all this, have the mortification to raeet with the resentraent of Congress, circulated in hand-bills and the New- York publick papers, representing their con duct, " in contravening the good intention of Congress, as being highly unwarrantable, and subversive of the peace and welfare of the United States." Those resolves serve only to raise the expiring hopes and ex pectations, and to revive a languishing flame, of a few tories and scismat- icks^in this state, who have never been instrumental in promoting the common cause of America. With regard to the state of the Massachusetts-Bay, they have not, as a - legislative body, laid any clsdm to the territory of Verraont ; nor have they enacted laws, judicially authorizing Congress to take cognizance thereof, agreeable to the before mentioned resolves ; a raajority of their legislative body considering such pretensions to be an infringement on the rights of Verraont ; and, therefore, the state of the Massachusetts-Bay cannot be considered as a party in this controversy. As to the state of New-Harapshire, although they have judicially au thorized Congress to raake a final adjudication of their late started and very extraordinary claira to the territory of Verraont, 3ret, by recurring back to the -original proceedings between the two states, it appears, the General Comt of New-Hampshire had, previous to laying the said claims, settled their boundary line with the state of Vermont, and established Connecticut river as the boundary between the respective governments ; and, as far as the approbation of the government of New-Harapshire can go, have, previously, conceded to the independence of Verraont ; the particulars of which are too prolix to be given in this letter, but are exhib ited, at large, in a pamphlet, entitled "A concise refutation of the claims of -New-Harapshire and Massachusetts Bay to the territory of Vermont," and which is herewith transmitted as a bar against the right of New- Hampshire to a trial for any part of Vermont. The government of New-Hampshire, ever since the royal adjudication of the boundary line between them and the government of New York, in 1764, have cast the inhabitants of the contested territory, out of their pro tection, and abandoned them to the tyranny of New York : and have very lately, over the head of the settiement aforesaid, laid claira to the, said territory, and enacted laws as aforesaid, to enable Congress to judicially determine the merit of said claim. How glaringly illegal, absurd and in consistent, raust their conduct as a legislative body, appear, in this respect. Such irregularity among individuals, arises frora the ill governraent of the huraan passions ; but when that takes place in pubUck bodies, it ijs unpardonable, as its influence is more extensive and injurious to society. Hence it appears, legally speaking, neither the states of New-Harap shire or Massachusets-Bay, can be, with propriety, considered as parties in the controversy ; and, consequently, New- York is left alone, a compet itor with Vermont, even admitting Congress are possessed of su.ffi9Jei?t Q 122 CONTROVERSY WITH NEW-YORK, authority to determine those disputes, agreeable to their resolutions 5 which, by this government, is, by no means, adraissible. Notwithstanding the usurpation and injustice of neighboring govern ments towards Verraont, and the late resolutions of Congress, this gov ernraent, frora a principle of virtue and close attachment to the cause of liberty, as well as a thorough examination of their own policy, are in duced, once raore, to offer union with the United States of America, of which Congress are the legal representative body. Should that be de nied, this state will propose the same to the Legislatures of the United States, separately, and take such other raeasures as self-preservation may justify. In behalf of the Council, I ara. Sir, Your Excellency's most obedient, hurable servant, THOMAS CHITTENDEN.* His Excellency Samuel Huntington, Esq. President of Congress, All parties now anxiously awaited the decision of Congress, on the se cond Tuesday of September : and although Vermont strenuously denied the authority of Congress to adjudicate upon the controversy, yet, two of her agents, the honorable Ira Allen and Stephen R. Bradley, proceed ed to Philadelphia, to attend the deliberations. The following extracts frora the journals of Congress, exhibit the pro ceedings on this subject. In Congress, September 12th, 1780. " Nine states, exclusive of the states interested, not being represented. Resolved, That the order of the day, to proceed to hear and examine into, and finally determine, the disputes and differences, relative to juris diction, between the three states of New-Hampshire, Massachusetts-Bay and New- York, respectively, or such of thera, as shall have passed such laws, as are raentioned in the resolutions of the 24th of September and the 2d of October last, on the one part, and the people of the dis trict, coramonly known by the name of the New-Hampshire grants, who claim to be a separate jurisdiction, on the other, in the niode prescribed in- and by the said resolutions; — ^be postponed till Thursday next, and that the members, in town, be notified to attend the house, at 10 o'oclock,' in the morning of that day." ^ "September 19th, 1780. Resolved, That the order of the day, to proceed to hear and examine into, and finally deterraine, the disputes and differences, relative to juris diction, between the three states of New-Harapshire, Massachusetts-Bay and New York, respectively, or such of thera, as have passed such laws, as are raentioned in the resolutions of the 24th of September and the 2d of October last, on the one part, and the people of the district, comraonly known by the name of the New-Hampshire grants, who claim to be a separate jurisdiction, onthe other, be postponed till six o'clock. * For this interesting letter, the editor is indebted to the hon. Stephen R. Bradley, who has furnished a copy, taken in 1780 ; oil which is found the following memoraDdum— " Delivered Congress, Sept, 12lh, 1780, and read, eodem die.'" MASSACHOSETTS AND NEW-HAMP-SHIRE. 123 On motion of the delegates of New York, Ordered, That the secretary notify Messrs. Ira Allen, Stephen R. Bradley, Luke Knoulton, and Colonel Olcott, to attend this afternoon, on the hearing of the question, respecting the jurisdiction of the tract of eountry, commonly called the New-Hampshire grants. Six o'clock, P. M. — Congress met, according to adjournment, and proceeded to hear, &c; the persons notified, attending; when the follow ing papers were read : The act of the state of New- York, passed October 21st, 1779, and the act of thestate of New-Hampshire, of November, 1779, both passed, pur suant to the resolutions of Congress of September 24th and October 2d : A commission to Ira Allen and Stephen R. Bradley, Esq'rs. dated August l6th, 1780, signed Thomas Chittenden, under a seal in the in- ?ti-uraent, called the seal of the state of Verraont : An appointment of Luke Knoulton, as agent on behalf of the inhabi tants of Cumberland county, at a convention of the committees of the said county, Brattleborough, August 30, 1780, and signed John Sergeant, chairman joro tempore. An appointment of Peter Olcott and Bezaleel Woodward, Esq'rs. agents from the towns in the northern parts of the New-Hampshire grants, on both sides of Connecticut river, being part of a district, jknown by the name of the state of Vermont, pursuant to a vote of a convention of mem bers from the gaid towns, November 17th, 1779, signed Joseph Marsh, chairman of the said convention, and dated New-Hampshire grants, January 1, 1780. The delegates of New- York, as agents for the state, delivered in sun dry papers, which were read, with an intent to prbve that the land, known by the narae of the New-Harapshire grants, on the west side of Connec ticut river, is within the liraits of the state of New- York ; that the state of New-Hampshire have acknowledged this, and that the people on the said tract have been represented in the Legislature of New- York, since the year 1764." "September 20th, 1780. Congress proceeded to the order of the day, the parties being present as yesterday, except the delegate for the state of New-Hampshire, who was absent through sickness ; when thestate of New-York, by its delegates, proceeded in stating evidence to prove that the inhabitants of the tract of country, known by the narae of the New-Harapshire grants, west of Con necticut river, as part of the state or colony of New- York, were duly re presented in, and submitted to, the authority, jurisdiction and govern ment of the Congress and convention of the saitl state, till late in the yeai- 1777 ; and that, therefore, the people inhabiting the said tract of country have no right to a separate and independent jurisdiction." "September 27th, 1780. Congress proceeded in the order of the day, respecting the jurisdiction of the tract of country, coramonly called the New-Hampshire grants, all the parties being present, except Ira Allen, and Stephen R. Bradley, who, being duly notified, declined to attend ; when the agent for the state of New-Hampshire proceeded to stale evidence tending to prove, that the tract of country, known by the name of the New-Hampshire grants, was 124 CONTROVERSY WITH NEW-YORK, within the state of New-Hampshire, and that, therefore, the people inhab* iting the said tract of country, have no right to a separate and independ ent jurisdiction. The gentleraen appearing in behalf of sundry inhabit ants of the said grants, having nothing to add, and pressing Congress to come to a determination, -withdrew. Resolved, That the farther consideration of the subject be postponed." The 'agents of Verraont were indignant at this course of proceeding. They perceived that, in atterapting to decide upon the controversy be tween New-York and New-Harapshire, Congress was adjudicating upon. the -very existence of Verraont, without waiting for her consent, or con. descending to consider her as a party ; thus, in effect, assuraing the ground that she did not, in any sense, possess the attributes of sovereignty. They therefore withdrew their attendance, and iraraediately transraitted to Con. gress the foUo-wing remonstrance. To the Hon. the Congress of the United States of North America. The remonstrance of Ira Allen and Stephen R. Bradley commissioners from the free and independent state of Vermont, appointed, for the time being, to attend on Congress. With pleasure they embrace this first opportunity to testify their thanks for the personal honor done them by Congress, in giving thera an attend ance, though in a private capacity, with their honorable body : at the sarae tirae, lament the necessity which obliges thera to say, they can no longer sit as idle spectators, without betraying the trust reposed in them, and doing violence to their feelings, to see partial modes pursued, plans adopted, ex-parte evidence exhibited, which derives all its authority from the attestation of the party ; passages of writings selected, giving a very false representation of facts, to answer no other end but to prejudice your honorable body against thestate of Verraont; thereby to intrigue and baffle a brave and njeritorious people out of their rights and liberties. — We can easily conceive the secretary's office of the state of New- York, may be converted into an inexhaustible source, to furnish evidence to an swer their purpose, in the present dispute." Needless would it be for us to inform Congress, that by the mode of trial now adopted, the state of Vermont can have no hearing without de nying itself : and to close -with those resolutions, which we conceive our enemies have extorted from your honorable body, and on which the trial is now placed, would be, in fact, taking upon ourselves that humility and self-abasement, as to lose our political life, in order to find it. We believe the wisdom of Congress sufficient to point out, that, pursuing the present mode, is deviating from every principle of the laws of nature, or nations : for, if the dispute is between the states clairaing on the one part, and the state of Verraont on the other, whether the latter be a state de jure, asi an independent jurisdiction de facto ; they ought to be consider ed in the course of the dispute, until the powers interposing, have deter mined whether the latter be an independent jurisdiction dejure ; if not, they, of course, ought to annihilate the jurisiiiction defmto; but,to?tn- MASSACHUSETTS AND NEW-HAMP«HIRE-. 125 nihilate the state de facto, in the first place, is suraraarily endmg the dis pute ; to deny the ktter any independent jurisdiction de facto, is to deny there is any longer parties in the dispute. Again, we conceive the means connected with the end, and upon no principle whatever can we justify, that either party should establish the modus or rules to be pursued in determining disputes, without confound ing every idea of right and wrong. In the present case, on the one part,, might the end as justly have been established, as the way and means to effect the end. We are fai- from being willing those brave and strenuous efforts raade by the state of Verraont, in the controversy with Great-Britain, should be buried by our grasping adversaries, (thirsting after doraination and prey)' in the specious pretext of riotously assuming governraent; and we, there by, lose all credit for the raen and raoney we have expended. Thus, while we are necessitated to remonstrate against the proceedings. of Congress in the present mode, we are willing, at the sarae time, any equitable enquiry should be made, the state of Vermont being allowed equal privileges with the other states, in the dispute. And that the state of Verraont might stand justified to •yoox honorable body, and to the world, both as to her present and future conduct, we are induced, as well from principles of attachment to the American cause, as a regard we have for peace and harmony among thei states of America, now at war with Great-Britain, to make the foilowmg proposals, viz. 1st. That the state of Vermont will, as soon as raay be, forward to the secretary of Congress, an attested return of all male persons, liable to do duty, agreeably to a railitia act, heretofore exhibited to Congress, in a code of laws, entitled, " The Laws of Vermont;" and the state of Ver mont shall, for and during the present war with Great-Britain, from year to year, furnish an equal number of troops in the field, iu proportion to their numbers, as Congress shall estimate the quotas of the several United States, in proportion to their numbers ; which troops shall be clothed, quartered and paid, by the state of Verraont. And, at the close of the war, the dispute shall be equitably settled, by the mediation of sovereign powers ; and nothing herein contained, shall be construed to take away the right any of the United States claim to have, in or over the state of Verraont : Or 2dly. .We are willing to agree upon some one or more of the Legisla tures of the disinterested states, to interpose as raediators, and settie the dispute: Or 3dly. We are willing Congress, being possessed of sovereignty, should interpose to prevent the effusion of huraan blood : at the sarae time, we reprobate every idea of Congress sitting as a court of judicature, to deter mine the dispute, by virtue of authority given them by the act or acts of the state or states, that make but one party. It gives us pungent grief that such an important cause, at this juncture of affairs, on which our all depends, should be forced on by any gentie- men, professing themselves friends to the cause of Araerica, with such veheraence and spirit as appears onthe partof the state of New- York: and shall only add, that, ijf the matter be thus pursued, we stand ready to 126 CLAIM OF JURISDICTION EXTENDED. appeal to God and the world, who must be accountable for the awful con sequences that may ensue. Signed at Philadelphia, this %2d day of September, A. D. 1780. IRA ALLEN, STEPHEN R. BRADLEY. Verraont did not cheerfully yield to the policy that produced an indef inite postponeraent ofa decision on this question; for, although it evinced that her clairas to independence had raade sorae impression on the mind of Congress, yet, it forbid the hope of an iraraediate recognition of that in dependence, and her adraission into the union. Iriitated by the pertina cious adherence of New- York and New-Hampshire, to their claims, and wounded by the humiliating treatment of her agents at Congress, she re- Solved on a different policy, — a policy which should present Vermont in an imposing attitude, and convince the claiming states, that it would be wise to yield to power, what had so long been denied to the claims of justice. Nothwithstanding the dissolution of the former union with a portion of New-Harapshke, raany, east of Connecticut river, still felt a strong desire to be connected with Verraont. Their views on this subject, are exhib ited in the following document ; which shows the coraraencement ofa course of proceedings, resulting in a second union. ••' At a CONVENTION of DELEGATES from the several towns in the County of Cheshire, in the State of New-Harapshire, lield at Walpole, in said county, on the 15th day qf November, in the year of our -Lord, one thousand seven hundred and eighty. Voted, That Dr. Page, Col Hunt, Capt. Holmes, Daniel Jones, Esq. and Col. Bellows^ be a coraraittee to confer with gentlemen frora an-y parts of the territory, called the New-Hampshire grants, concerning the jurisdiction of the said grants, and to consider what is proper to be done by the inhabitants thereof, relative to their jurisdiction ; that the same may be ascertained and established. Which committee, after due en quiry and consideration, report as follows, viz. The committee appointed by the convention, held at Walpole, November 15th, 1780, do report that we have conferred with the several gentiemen present, who were committees frora the different parts of the territory, called the New-Hamp shire grants, viz. Cumberland, Gloucester and Grafton counties, and do find, that many raatters lately agitated, with respect to thejurisdiction of the New-Harapshire grants, render a union of the inhabitants of that ter ritory, indispensibly necessary. The said inhabitants received the grants of their lands from the same jurisdiction, and settied them while.a union was extant ; which was aaimplicit engagement of authority, that it should be continued. But we were unjustly deprived of the advantages resulting from it, in the year 1764, by an arbiti-ary decree of Great-Britain, to which we never acceded : which decree, however, cannot be esteemed, efficacious, since the declaration of independence ; it being one of those CLAIM OP JURISDICTION EXTENDED. 127^ iniquitous measures, by which they were attempting t : oppress the col onies ; and for which we have since thrown off subjection. This being the case, tiie union re-exists. And shall wc throw it off ? God forbid. The situation of the territory aforesaid, by reason of their being a frontier, as well as many other matters, which are obvious, respecting com merce and transactions ofa public nature, raakes it expedient that they be united in all their interests, in order to raake their efforts, in that quarter, against the comraon eneray, more vigorous and efficacious. In respect to governraent, great disadvantages may arise by a division. In that case, delinquents may easily evade the operation of justice, by passing from one state to another, and thereby be induced raore readily to practice iniquity in that part where the body of inhabitants, and the principal traffick, center. And we iraagine that a union of public interests, is the only raeans by which the contentions and aniraosities, now subsisting araong the in habitants of the territory aforesaid, can be brought to a happy issue : for, so long as the course of justice is in different channels, where people are so nearly allied, disturbances will arise. Frora authentic information, we cannot but apprehend, that the state of New-Harapshire is greatly remiss, if not grossly negligent (to call it by no harsher name) in trusting affairs of such great importance as the settlement of their western boundary, to a committee, sorae of whom, we conceive, would risk the loss of half the state, rather than New-Hampshire should extend their claira west of Con necticut river. And, from the best authority that can be obtained, it ap pears that the agent of the state aforesaid, is endeavouring toconfirraa di-vision of the grants, contrary to their true interests ; which has given the people, on the grants, just occasion to rouse and exert themselves in sup port of an union of the whole. We, therefore, earnestly recommend, as the only means to obtain an union, preserve peace, harmony, and bro therly love, and the interest of the coraraunity in general, that a conven tion be called frora every town within the said grants, to be held at Charls- town, on the third Tuesday of January next, at one of the clock, in the afternoon ; and that one or raore merabers be appointed from each town, with proper instructions to unite in such raeasures as the raajority shall judge raost conducive to consolidate an union of the grants, and effect a final settlement of the line of jurisdiction. B. BELLOWS, T S. HUNT, D. JONES, y Committee. L. HOLMES, W. PAGE, 3 In Convention, at Walpole, November l6th, 1780. The above report being repeatedly read, — Voted, That it be accepted ; and a sufficient number of copies be printed and transmitted to the several towns on the New-Hampshire grants, on both sides of Connecticut river, for their notice, to appoint one or more mem bers to attend the'said general convention ; which shall be deemed a suffi cient notification. By order of the Convention, BENJAMIN BELLOWS, Chairman A true Copy-^Attest, DANIEL NEWCOMB, Clerk." 128 CLAIM OF JURISDICTION EXTEND'ED. In pursuance of the foregoing recomraendation, a convention xD-as hold' en at Charlestown, onthe 1 6th of January, 1781; which, as stated by Doct. Williams, consisted of delegates frora forty three towns.* On the 10th of February, application was made by the convention, to the Legislature of Vermont, for a union of the grants on both sides of Con necticut river. About the sarae time, a petition was received from sundry inhabitants in the north eastern part of New-York, praying to be admitted into union with Vermont. On receiving these applications, the Legislature of Vermont, adopted the following measures ; as appears by their journals. "Wednesday, February 14th, 1781. The House formed rato a committee of the whole, according to ad journment. The committee of the whole dissolved, and the Speaker resumed the chair. The following report was made to the House by the committee ofthe whole ; viz. "State op Vermont, Windsor, February 12th,1781. Agreeable to the order ofthe day, the Governor, Council and House of Representatives, raet, and forraed into a coraraittee of the whole, for the purpose of taking into consideration the matter of laying a jurisdictional claira east and west. His Excellency, Thos. Chittenden, Esq. in the chair. After some debate, a committee of seven were appointed to pre pare a report, to be made to this committee, which report was made as follows viz. 'To the grand committee, consisting of his Excellency tiie Governor, the honorable Council, and House of Representatives ; — Your committee, to whom was refered the several papers from the coraraittee ofthe Con ventional CornisL, and also the requests of the inhabitants living north of a line, being extended frora the north line ofMassachusetts, to Hudson's River, and east ofthe same river and south of latitude forty-five, beg leave to report viz. That, whereas the district of country, forraely known by the name of the New-Hampshire grants was peopled in consequence of grants of land from New-Hampshire ; and whereas, the forraer government of New- York did, by cunning, in the year 1764, obtain a Royal order, to exercise jurisdiction to the west-bank of Connecticut river, which was against the consent of the people of said district ; New- York proceeded to grant sub sequent patents, erect courtSj issue writs of ejectment, possession, &c. in prejudice to the first grantees and occupants. The inhabitants, necessi tated to it, declared a defensive war against the government of New- York, and that government made acts of outlawry against said inhabitants, and warlike preparations was making on both sides. In the interim, the people governed themselves by conventions, who, at several times, made * The jcwnial ofthe proceeding* qf tliis conyentioD, tlie lidiior has not been able to find; CLAIM O:^ JURISDICTION EXTENDED. 129 application to New-Hampshire to exert theraselves to obtain jurisdiction 3 tvho, by a Proclamation, &c. wholly rejected any such connections. Thus stood the case, at the grand (era of American Independence, when, in kingly governraents, all jurisdiction, and jurisdictional lines, ceasedj and all governmental powers devolved on the people ; when they, contin uing said convention, eraerged into independence, declaring t heraselves, on the fifteenth day of January, 1777, to be a sovereign, free and inde* pendent people : — And Whereas the General Court of New-Harapshire, did, on the 19th day of July, 1777, by a letter signed " Meshech Weare, President/' directed to " Ira Allen, Esq. Secretary of the state of Vermont,"* acknowledge the independence of this state : and whereas, on the repre sentation ofa coraraittee, inhabiting several towns, east of, and contiguous to Connecticut river, raade to the asserably of this state, at their session, &i March, 1778, that a number of towns, east of, and adjoining to said river, were unconnected with any state, with regard to their civil police ; this state, upon said representation, did adrait sixteen towns, east of said river, to union, and extended jurisdiction over thera : — And Whereas the General Court of New-Hampshire did, by their letter, dated August 22d, 1778, signed « Meshech Weare, President ofthe Council of New-Hampshire," directed " to the honorable Thomas Chit tenden, Esq." demand ofthe state of Verraont a surrendry of their juris diction, east of said river, which will appear by the following paragraph in said letter, viz. — " I beseech you. Sir, forthe sake ofthe people over whom you preside, and the people, for the sake of their future peace and tranquility, to relinquish every connection, as a politiccd body, with the towns, east of Connecticut river, who are raerabers ofthe state of New- Hampshire, entitled to the sarae privileges as the other people of the said state, from which there never has been any atterapt to restrain thera." — The Legislature ^ of Verinont, at their session, in February, 1779, on the reception of President Weare's said letter, considering their territory to be larger and raore fertile than that of New-Hampshu-e, allowing the latter, said sixteen towns, east of said river, and being unwilling to have a controversy with a neighboUrirtg state, did close with the demand of New-Hampshire, and relinquished jurisdiction, east of said Connecticut river. In this the minds of the two governments met, and virtually set tled upon the river as the boundary line between the respective states. An agent was then appointed, to transmit the dissolution of said union, to the General Court of New-Hampshire, who, on his arrival there, found, after delivering his message, that thepe was a plan on foot for laying a ju risdictional claira to the territory of Vermont, under pretext of friendship, and to baffle the clairas of New- York. Said agent made strenuous efforts against such claims being laid, arguing that it could not be of much ser vice to Vermont, as she had little to fear frora New- York ; and the fur ther consideration was postponed to their next session. In the interira, an agent was again sent to attend said General Court, with a letter frora the Governor of this state, requesting the Legislature of New-Harapshire, in the most urgent manner, not to lay claim to this state. After a hear- ' * Sec Page 80, R 130 CLAIM OP JURISDICTION EXTENDED. ing before both houses, and the most pressing arguments used, the LegiS' lature did insist that they would do Vermont a favour ; and accordingly laid their claim, and directed their agents to lay said claira at Congress ; ^hich, together with the clairas of the neighbouring states, has prevented this state frora obtaining a seat in Congress. It is to be here observed, that New-Hampshire have, from the time of laying her aforesaid clairas, endeavoured to support internal broils in the easterly part of this state, contiguous to Connecticut river. Sorae gentle raen, inhabitants ofthe county of Cheshire, that are, or have-been, mem bers ofthe General Court of New- Hampshire; not long since, in conven tion, when fatal necessity obliged them to it, publickly declared that their intentions were to unite the whole ofthe grants (raeaning Vermont) to New-Harapshire. — -And whereas, sundry applications have been made by the people, inhabiting west ofthe line, known by the narae ofthe Mason line, and east of Connecticut river, to unite with this state in one distinct government. Their last application is in the words fallowing, viz. ' To the Honorable the General Assembly ofthe State q/" Ver mont, noio sitting in Windsor. The committee, appointed by the convention, holden at Charlestown, the 1 6th of January last, to confer with the assembly of said state, beg leave to inform, that the convention are desirous of being united with the state before raentioned, in one s^epatate, independent government, upon such principles, as shall be rautually thought the raost equitable and bene ficial for the whole ; desiring an answer, as soon as may be. By order of the Committee, ELISHA PAYNE.' Windsor, February lOfh, 1781. Therefore, your committee do recommend^, in order to quiet the pre sent disturbances on the two sides of said river, and the better to enable the inhabitants on the two sides of said river, to defend the fripntiers, that the Legislature of this Stat© do lay a jurisdictional claira to all the lands situate east of Connecticut river, north ofthe Massachusetts, and soutii of latitude 45, and that they do not exercise jurisdiction, for the time being. Whereas, the government of New- York have, for more than sixteen years last past, raade use of every art and cunning, in their power, to usurp the rights and properties of the people, of this state; while every measure, hitherto adopted, has proved abortive, for settling a controversy of such raagnitude, so necessary to be settied, for the peace and welfare ofthe United States at this critical period : the unfortunate situation of this state being that of having an extensive frontier of more than one hun dred miles in length," to defend against the British invasion frora the Pro vince of Quebec, by the avaricious and arabitious claims of the neigh bouring governments and by the powers assuraed over them by Congress, have, at several times, been embarrassed in raising men and money for the defence of her frontiers ; and, by resolution of Congress, obtained by the claiming governments, notwithstanding the brave exertions of this state in the Bennington battle, &c. every article belonging to the Conti- CLAIM OP JURISDICTION EXTENDED. 131 went, has been called for and ordered out of the state, even to pick- axes and spades, at a time when the state was erecting a new line of forts on her frontiers ; at which tirae the state of New- York evacuated their post at Skeensborough, which necessitated the people to petition this state for pro tection, when this state reinforced her guards, and directed her scouts to cover said people : And whereas, it appears, by the best accounts hitherto obtained, that there was a government established by the Court of Great-Britain, before the sera of American independence, including all the lands this state, at present, exercise jurisdiction over, as also a ranch greater western extent, over which Governor Philip Skeene was to have presided, which over turns the clairas of New- York, on their own stating : And whereas, it appears that the governraent of New- York is still de termined to do every thing in her power, to erabarrass and overturn the jurisdiction of this state, and have raade no answer to Governor Chitten den's letter of the 22d November last, which was sent to the Legislature of New-York, demanding of therii to relinquish their claim of jurisdiction to this state, and inviting thera to join in the mutual defence of the fron tier of the two states, against British invasions from the Province of Quebec : Therefore, your committee do recoraraend, that the Legislature of this state do lay a jiu-isdictional claim to all the land, situate north of the north line of the state of Massachusetts, and extending the same to Hudson's river, the east of the center of the deepest channel of said river, to the head thereof; from thence east of a north line being extended to latitude 45, and south of the sarae line, including all the lands and waters, to the place where this state now exercise jurisdiction ; and not to exercise ju risdiction, for the time being. By order. JOSEPH BOWKER, Chairman. Windsor, February 14th, 1781. In Committee of the whole, February I4th, 1781. The aforesaid report was read and accepted. Attest, ROS. HOPKINS, Clerk.' The aforesaid report was read and accepted, and thereupon. Resolved, That this state have and do hereby lay a jurisdictional claim to all the lands and waters, within the lines described in the aforesaid report. Resolved, That a coraraittee of five be appointed, to join a coraraittee frora the Council, for the purpose of waiting upon the committee appoint ed by a convention held at Charlestown, with the report of the commit tee of both houses, upon the subject of jurisdictional cleums, and passed the house this day. The merabers chosen, Mr. Harris, Mr. Strong, Mr, Peari, Mr. Walbridge and Mr. Murdock." 132 UNION WITH PART OF NEW-HAMPSHIRE. I "Friday, February l6th, 1781. " The committee tb whom was referred the request ofthe conventioa HOW sitting at Cornish, &c. brought in the following report, viz. ' That this Asserably is willing to receive the inhabitants of the New- Harapshire grants, east of Connecticut river, and west ofthe Mason line, into union with this state, if we can agree on terras that shall be safe for this state, and beneficial for the whole.' The aforesaid report was read and accepted and, Resolved, That a committee of two to join a committee from the Coun cil, be appointed to wait on the Cornish Convention, with the aforesaid report. — Tbe members chosen, Mr. Walbridge and Mr. E. Smith." " A Resolution from the Convention, passed this day, was delivered t* this House, by a conimittee appointed by «aid Convention, for the pur pose, mentioned in said resolve ; and thereupon. Resolved, That a coraraittee of nine, to join a committee from the Council, be appointed to confer with the said committee frora the Con vention, according to said resolve, and make report of their proceedings, as soon as raay be. — The members chosen. Col. Strong, Mr. E. Smith, Mr. Walbridge, Mr. S. Robinson, Mr. Murdock, Mr. Webb, Mr. M. Powell, Mr. Harris, and Mr. Whipple." The following exhibits the result of the negociation between the com mittees above mentioned. "Articles of Union, agreed upon between the Committee of the Le gislature ofthe State q^ Vermont, and tlie Committee ofthe Con vention ofthe New-Hampshire Grants, at Windsor, in Feb. 1781. Article 1 . That the Constitution of said state be adopted as it now stands, subject to a re-vision, when the people, at large, shall judge proper. Ans-wer.^— We cannot agree to a revision of the Constitution, in any other way than is pointed out therein. Reply. — The answer ofthe committee ofthe Legislature to our first article, not objected to. Art. 2. That so soon as the circumstanceis of the state shall admit, the Legislature of the state shall apply to the Congress of the United States, to be admitted into confederation with them. Answer. — .\ greed to. Art. 3. That no farther grants of land shall be raade by the Legisla ture of Verraont, until the towns included in the Union have opportunity to be represented in the Assembly. Answer. — Not admissible. Reply. — Agreed to omit the third article, in confidence the Assembly will act on principles of honor, in respect to it. Art. 4. That all expences of the several towns, non-represented in the Legislature of Verraont, and those which shall be admitted into the Union, which shall have accrued in respect to the war, be, at some future period, properly adjusted, and that the whole be at equitable chaige therein. Answer — Admitted, on condition the losses of the suffering inhabi tants of this state, be included. Art. 5. That a general and full act of oblivion be passed for the per- UNION WITH PART OP NBW-HAMPSHIRE. 133 sons who, on the first day of October last, professed theraselves subjects of the state of New- York : and that all judgments for fines, forfeitures, &c. against any, or either of the said persons, for opposing the authority of the state of Verraont, be annulled ; and that no judgments be, hereafter, rendered against any of the said persons for offences heretofore committed against said state. Answer. — Agreed to. Art. 6. That no civil suits shall hereafter be maintained against any, or either, of the said persons, for trespasses, heretofore committed by them, against any of the officers of the said state or their assistants. Answer. — Agreed to. Art. 7. That where unappropriated lands were granted by the late government of New- York, antecedent to 1st of Septeraber, 1775, the pro perty of such grantees, now residing upon the New-Hampshire grants, shall be secured to them, free from expence ; and where the sarae, or any part thereof, has already been granted by this state, corapensation in value, shall be raade in other unappropriated lands, free from expence. Answer. — Not agreed to. — Whatever compensation ofthat kind is made, it must be done on application to the Legislature, according to equity, arising out of each particular case. A Message from Committee of Convention to Committee of the Legislature. In order that the coraraittee of Convention may the better deterraine on articles necessary to be proposed, respecting the regulation of Militia, present defence, &c. we would request the coraraittee ofthe Legislature of Verraont to suggest to us their ideas in respect to the time and raanner, in which the Union shall be corapleted, in case other articles can be rautual ly agreed on ; and wish ,fpr an answer, before we proceed further. E. PAYNE,/or the Committee. To the honorable Committee ofthe Legislature. ' Saturday, 12 o'clock, February I7th, 1781. The answer ofthe committee ofthe Legislature to the foregoing message. This committee are of opinion that, if articles of Uniop are fully agreed on, it ought to be completed, at farthest, by the first Wednesday of April next ; and that the manner be as follows, viz. The Legislature shall call on all the towns, in the state of Vermont, and also on all the towns on the New-Hampshire grants, east of Connec ticut river, to give their sentiments relative to the Union's taking place, as soon as raay be ; and that the votes of each town be returned to the asserably, at their adjourned session, onthe first Wednesday of April next; and, on condition that two thirds of the towns in thestate of Ver raont, at a legal town meeting, vote for the union, and also, two thirds of the towns, on the New-Hampshire grants, east of Connecticut river ; at the same tirae, those -towns that vote for the Union (who are not repre sented) be directed by the Legislature, to choose members to sit in the asserably, who will be admitted, in case the Union is corapleted as afore said. By order. I. ALLEN, Clerk: To the honorable Committee of Convention. Saturday, 2 o'clock, February 17th, 1781. 13f UNION WITH PART OF NEW-HAMP.^HIRE. The Reply ofthe Committee ofthe Convention, to the abate Answer ofthe Committee of the Legislature. In order to facilitate the falsing and subsisting raen for the present de fence, according to the act of the Legislature of Verraont, for that pur pose, the coraraittee of Convention concur with the proposals ofthe honor able coraraittee ofthat Legislature, in respect to the time and manner of completing the Union, with the following explanations and alterations, viz. 1. That those toWns only, who raake returns, be reckoned, in com puting the proportion. 2. That an extent of only those towns, east ofthe river, which are within about twenty miles of it, be referred to. 3. That the towns, not represented in Asserably, shall be iraraediately called on to elect members to take their seats in Asseriibly, on the said first Wednesday of April next, in case thfe Union shall be concurred in by a major part ofthe towns who act on the matter ; which will, doubtless, include two thirds ofthe inhabitants. E. Payne, for the committee. To the honorable the Committee ofthe Legislature. 7 Tuesday, 10 o'clock, A. M. February 20th, 1781. 5 The Assembly's coraraittee give for answer to the coraraittee of Con vention, to their proposed explanation and alteration of tht proposals of this coraraittee, as to the manner and time of completing the Union : — Art. 1. Agreed to. Art. 2. Agreed to. Art. 3. That the towns, proposed to be in Union, be iraraediately called on to choose raerabers to sit in Asserably, on the first Wednesday in April next, in case the Union shall be concurred to, by a major part of the towns in this state, and two thirds ofthe towns, east of, and within about twenty miles of Connecticut river. By order, . J. FASSETT, CAaimaw. To the honorable Committee of Convention. Tuesday, 3 o'clock, February 20th, 1781. Art. 8. Proposed by the Coraraittee of Convention. That wherever persons, who professed theraselves subjects of New- York, have heretofore been fourfolded, for not giving in their lists to the assessors, or if such cases shall happen before the approbation of the sev eral articles of Union by the Assembly and Convention, respectively, the fourfold shall be relinquished, upon the party's giving in his list to the assessors. Answer. — ^Agreed to. Art. 9. That wherever property has been taken, under the authority of Vermont, or shall be taken, before the several articles of Union shall be ratified by the Assembly and Convention, respectively, from any of the persons in the county of Curaberland, who, at, or before, the time of such taking, professed theraselves subjects of New-York, for fines, for feitures, &c. credit shall be given to the persons aforesaid, fortheftjjl value of such property, in future military services. UNION WITH PART OP NEW-HAMPSHIRE. 135 Answer. — Not agreed to, in the extensive since that it raay be taken in ; yet, it is expected that whatever personal service has been done, or fines, will he duly considered. Art. 10. That all actions, pending in any Court in the counties of Cheshire and Grafton, shall be transferred in the situation they shall be in, at the tirae of corapleting the Union, to Courts to be then, forthwith, erected, under the authority of Vermont, without cost to the parties, other than would have accrued, had they been terminated in Courts under the jurisdiction of New-Harapshire. Answer. — Agreed to. Art. 11. That those towns, east ofthe river, who have paid their pro portion, or any part thereof, ofthe sixty railUon of dollars, apportioned to New-Hampsh'ure, shall have credit for what they have severally paid to the treasury of said state, in case Verraont, at any future period, shall have to pay their'proportion ofthe Continental assessment forthe money emitted by Congress. Answeji. — Answered in the answer to the fourth article, A Message from the Committee ofthe Convention, to the Committee ofthe Legislature. The Coraraittee of Convention beg leave to inform the Coraraittee of the Legislature of Verraont, that they have, at present, no additional ar ticles, and agree to wave any further objections to answers received to those already proposed, and wish to receive whatever the Legislature's Committee have to add, on the treaty. E. PAYNE, for the Committee. The honourable Committee of Legislature. } Tuesday, 5 o'clock, P. M. February.20th, 1781. ^ A Message from the Committee ofthe Legislature to the Com* mittee of Convention. As no further proposals are to be made by the Convention's Commit tee, at present, the Assembly's Coraraittee propose the following articles, as really necessary for the peace and well being of this state, and the United States. Art. 1. That the independence ofthe state of Verraont be held sacred; and that no member of the Legislature shall give his vote or otherwise use endeavors to obtain any act or resolution of Asserably, which shall en danger the existence, independence or well being of the state, by refer- ing its independence to the arbitraraent of any power. Art. 2. That whenever this state becoraes united with the Araeriean States, and there shall then be any dispute between this andrither ofthe United States, respecting boundary lines, the Legislature of this state will then (as they have ever proposed) siibrait to Congress, or such other tri bunal, Eis may he mutually agreed on, the settlement of any such disputes. By order. , J. FASSETT, Chairman. The honourable Committee of Convention. Wednesday, ll o'clock, A. M. Februg^ry 21st, 1781. 136 tJNlON WITH PART OP NEW-HAM'PSHIRE. A Message from the Committee of Convention, to the Committed ofthe Legislature. The Coraraittee of Convention agree to article first and second of flre proposals ofthe Committee ofthe Legislature of Verraont. E. PAYNE,/o>- the Committee. Wednesday, 12 o'clock, February 21st, 1781. % order, JOHN FASSETT, Chairman ofthe Committee ofthe Legislature. ELISHA PAYNE, for the Committee of Convention. The Committees of Legislature and Convention agree to recommend that the assembly of Vermont adjourn to the first Wednesday in April next, then to meet, at Windsor : and that the people, in the several townsj propo sed to be united, on both sides ofthe river, be requested to express and raake return, at that tirae, ofthe sense of the towns in respect to a corapletion of the Union ; and that those towns who agree to the Union, on either side ofthe river, who are not duly represented in the asserably, be requested to appoint raerabers to attend the Eissembly, at the proposed adjournment ;- and that the constable or selectmen be requested to warn meetings ofthe inhabitants of such towns, seasonably for that purpose- JOHN FASSETT, Chairman ofthe Committee ofthe Legislature. ELISHA PAYNE, for the Committee of Convention." Windsor, February 21st, 1781. Proceedings ofthe Legislaturdof Vermont and the Convention on the foregoing articles. State op } j^ General Assembly, February 22d, 1781; The aforesaid report was read and accepted ; and Resolved, That the articles of Union agreed to, and proposed, by the Committee of this Legislature, to the Coraraittee of the Convention, be and are hereby confirraed ; and this Assembly do pledge the faith of this state, that said articles be held sacred. Attest, ROS. HOPKINS, Clerk. In Council, February 22d, 178 1 . Readand concurred. ^HOS. TOLMAN, ^Sec'ry,pro tem: In Convention at Cornish, February 22d, 1781. The forgoing articles and recoraraendation were read and agreed to. SAMUEL CHASE, Chairman. Agreeably to the recoraraendation ofthe committees, the Legislature ¦ of Vermont was adjourned to the first Wednesday in April ; at which time, it met at Windsor, and the union ofthe grants, east and west of Con necticut river, was consutoraated ; as appears by the following extract from the journals. UNION WITH PART OP NEW-HAMPSHIRE. 137 « Thursday, 2 o'clock, P. M. April 5th, 1781. Met, according to adjournment. The following was delivered to the speaker by the committee appointed for that purpose, viz. In Convention at Cornish, Thursday, April 5th, 1781. - Voted, That a coraraittee of three be appointed to wait on the Assem bly of Vermont, now sitting at Windsor, to inform them ofthe state ofthe returns from the towns, on the east side of Connecticut river, and that the way is clear, on our part, for the proposed union, agreeable to the articles ofthe treaty, and to request iriformation whether the Assembly are ready to receive tiie raerabers returned to sit in the Asserably, on the union's taking place. The committee chosen. Col. Payne, Mr. Woodward, and Doct. Page. — Extractfrom the Minutes. BEZALEEL WOODWARD, Clerk. List of those towns, east of Connecticut river, which have raade re turns, acceding to an union with the state of Verraont, viz : — Hinsdale, Walpole, Surry, Gilsora, Alstead, Charlestown, Acworth, Leinster, Sa- ville, Clareraont, Newport, Cornish, Croydon, Plainfield, Granthara, Marlow, Lebanon, Grafton, Dresden, Hanover, Cardigan, Lyrae, Dor chester, Haverill, Landaff, Gunthwait, Lancaster, Pierraont, Richmond, Chesterfield, Westmoreland, Bath, Lyraan, Morristown aKasFrancoriia, and Lincoln. The Convention have received no returns of any town dissenting. ELISHA PAYNE, ^ BEZA. WOODWARD, S- Committee." WILLIAM PAGE, ) The several representatives were desired to ^ve in the votes ofthe towns that they represent, concerning the union ; and the following towns were found to have voted to accept the sarae, agreeable to the ar ticles, viz.— Shaftsbury, Arlington, Sandgate, Sunderland, Dorset, Reu- port, Pawlet, Poultney, Castleton, Danby, Tinmouth, Rutiand, Pittsford, Bethel, Porafret, Peachara, Fairlee, Guilford, Moortown, Whitingham, Mariborough, New-Fane, Wilraington, Putney, Westminster, Athens, Chester, Windsor, Reading, Thetford, Strafford, Barnard, Royakon, Sharon, Norwich and Hinsdale ; and the following towns disapproved ofthe said union's taking place, viz :— Bennington, Manchester, Claren don, Dummerston, Londonderry, Woodstock and Hertford. iVoie.— The following towns have not sent in their opinion, viz :— • Wells, WaUingford, Townshend, Wethersfield, Cavendish and Hartford. Resolved, That a coraraittee of three be appointed to wait on the Con vention, and inform them that the union is agreed on, by a major part of the towns in this state, agreeable to the articles of iinion, as proposed ; and that this Asserably will wait to receive the raerabers returned to sit in this Asserably, on the union's taking place, to-morrow raorning, nine o'clock, to take their seats. The raembers chosen, Mr. Walbridge, Mr. Bradley and Mr. Lyon." It appears from the journals that, on the following day, thirty five rep. resentatives from the grants, east of Connecticut river, took their seats in the General Assembly of Vermont. S 138 UNION WITH PART OP NEW-Yt>RK. The eastern union being thus completed, the Legislature of Vermont; next turned their attention to the subject of a union with part of New- York. Their proceedings, embracing articles of union with that part of New-YorA, over which they had extended a claim of jurisdiction, will appear by the following extracts frora their journals. " Wednesday, April llth, 1781. Met, according to adjournment. Agreeable to the order of the day, the house forraed theraselves into a committee ofthe whole, with the Governor and Council. Said committee haviTig dissolved, the speaker resumed the chair. The committee of the whole raade the following report of a sub-cony- mittee, viz. ' lo the grand committee, consisting of his Excellency the Governor, t',; honorable the Council and the General Assembly. lour committee, to whora was referred the consideration of the several petitions and letters frora the inhabitants of Granville, Cambridge, &c. requesting this state to exercise jurisdiction over them, for the reasons therein specified, beg leave to report. That the Legislature of this state do recoraraend to the people inhab iting that part of the former government, over which Governor Philip Skeene was to preside, to which this Legislature, at their session in Feb ruary last, laid a jurisdictional claim, to appoint members to attend a Con vention, at Cambridge, the second Wednesday of May next : that the Legislature of this state appoint a coraraittee to raeet said Convention, at said time and place : that said Convention and Committee, take into consideration the defence ofthe frontiers, and if they can mutually agree on articles of union, that then such Convention proceed to resolve to raise their quota of men, for the defence ofthe frontiers, with a proper propor tion of officers, which shall be returned to the board of war, and commis sioned, in the same raanner that the troops heretofore ordered to be raised for the present defence of this state, are ; and do duty in the same manner : that in case said Convention and.Corahiittee do agree on articles of union, raising men, &c. then such articles of union shall be transmitted to the several districts, in said claira ; when the people of .said districts are re quested, (provided they agree to such articles of union) to choose raem bers to attend this Asserably ; except such districts had instructed their member or raembers, in case articles of union were agreed on, that their members should be impowered to take seats in this Assembly ; that, in case two thirds of the districts, in district raeeting, choose members as aforesaid, that then, such members shall take their seats in this Assem bly : that this Assembly adjourn to the second Wednesday of June next, at Bennington. JOHN FASSETT, Chairman.' Windsor, April llth, 1781. '7w the Grand Committee, April llth,179>l. ¦Jhe above report was read and accepted, Attest, JOSEPH FAY, Clerh' UNION WITH PART OP NEW-YORK, 139 'fhe aforesaid report was read, and after sorae debate, the question was put, and -the yeas and nays were requested, and they are as follows, viz : — Yeas 48, Nays 39. So it passed in the alfirraative. Resolved, That a coraraittee of two, to join a coraraittee from the Coun cil, be appointed, to prepare a bill agreeable to the aforesaid report, and make report to this house. The raerabers chosen, Mr. Lyon and Mr. \v ells. Resolved, That a coraraittee of six, to join a coraraittee from the Council, be appointed to raeet a Convention to be held on the second Wednesday ol May ne.xt, at Carabridge, for the purposes* specified in a report ofa coraraittee of both houses, of this day's date; and that a ma jority of such committee are, hereby, irapowered to transact the business pointed out for the said committee in said report, and raake report of t'leir doings, to the next session, for their approbation. The raerabers chosen, Mr. Walbridge, Mr. Porter, Mr. Williams, Mr. Prentice, Mr. Curtiss and Mr. Child." « Friday, June 15th, 1781. The representatives of the western district informed this house, in wri ting, that they were ready to take their seats according to the articles of union, &c. The committee, who was appointed to treat with the Convention, hold en at Cambridge, in June last, reported the following articles, viz. ' Articles of union, proposed by the Convention, composed of repre sentatives from the several districts of Hoosack, Scorticook, Garabriiiae, Saratoga, Upper-White- Creek, Black-Creek, Granville, Skeensborojgh, Greenfield, Kingsbury, Fort Edward and Little Hoosack, conver-.a at Carabridge aforesaid, the 9-th day ol" May, 17 il; aniJj by several dajourn- ments, to the l6th ofthe sarae raonth, inclusive. Article 1. That the district, or tract of land, lying north of aline, being extended frora the north line of the Massachusetts to Hudson's ri ver, and east of said river, and south of latitude 45, as comprehended in the late jurisdictional claira by the Legislature ofthe state of Verraont, be considered as part of said state, and the inhabitants thereof as free citizens. Answer. — Agreed to by the coraraittee of the Legislature of the state of Vermont.Art. 2. That the whole railitary force of the state of Verraont(as oc casion may require) shall be exerted in our defence, as free citizens, against any insurrection, invasion or incursion whatsoever; but especial ly against the common enemy. Answer. — Agreed to. Art. 3. That application be made by the Legislature of the state of Verraont, to the Congress ofthe United States, to be admitted with them, as soon as circumstances will admit. Answer. Agreed to. Art. 4. That, as the people within the aforesaid late claim, have been called upon, and have paid a considerable part ofthe continental taxes, into the treasury of the state of New- York, they shall have credit for the same, in case the state of Vermont, at sorae future period, should he called upon to pay their proportion of raoney emitted by Congress. 140 UNION WITH PART OF NEW-YORK. Answer. — Agreed to ; provided the services done by the state of Ver mont, in the present war, be included. Reply of convention. — Agreed to, provided the expence of said dis trict, in the present war, be likewise included. Art. 5. That all actions depending within the late claira, shall be transferred, in the situation they shall be in, at the tirae of corapleting the union, to courts that may be then, forthwith erected, under the authority of Verraont, without cost to the parties, other than would have accnied, had they been terminated in courts, under the jurisdiction of the state of New-York. * Answer. — Agreed to. Art. 6. That the change of jurisdiction shall not be understood to effect, or alienate, private property. Answer. — Agreed to. Articles of union, proposed by the Legistature ofthe state of Verraont. Art. 1. That the independence ofthe state of Vermont be held sacred, and that no member ofthe Legislature shall give his vote, or otherwise, use his endeavours, to obtain any act, or resolution of Assembly, that shall endanger the existence, independence, or well being, of said state, by re ferring its independency to the arbitrament of any power. Answer. — Agreed to by Convention. A'RT. 2. That, whenever this state becomes united with the Araeriean States, and there shall then be any disputes between this and any of the United States, respecting boundary lines, the Legislature of the state of Verraont will then (as they have ever proposed) subrait to Congress, , or s«e|h other tribunal, as may be rautually agreed upon, for the settleraent of any such disputes. Answer. — Agreed to. The foregoing articles were, severally, mutually agreed to by the Con vention and Committee, at Carabridge, the 15th May, 1781. Attest, JOHN ROGERS, Ch. of Convention. MOSES ROBINSON, Ch. of Committee.' The aforesaid articles were read, and, after some debate. Resolved, That this house forra theraseves into a coraraittee of the whole, with the Governor and Council, to take the aforesaid articles un der consideration. The coraraittee ofthe whole having dissolved, the house forraed themselves, and the speaker resumed the chair. And, after sorae time spent in debating on the said report, it was re ferred until to-raorrow raorning, for further consideration. A declaration of the inhabitants of the western district, giving their reasons for disavowing allegiance to the state of New- York, with their disavowal, was read. Adjourned until to-morrow raorning, eight o'clock." " Saturday, June l6th, 17»1- Met, according to adjournment. The house, again, took up the consideration of the aiticles of union, agreed on, between the coraraittee, appointed to tre,at witii the Cambridge UNION WITH PART OF NEW-YORK. 141 Convention, and said Convention, and after some debate, the question was put — whether this house would approve of said articles, as agreed, between said Committee and Convention ? It passed in the affirmative. The yeas and nays, on the question, being requested by Mr. Wood ward, and the question being put, whether the yeas and nays should be taken — passed in the affirmative, and they are as follows, viz. Yeas 53— Nays 24. Resolved, That a coraraittee of three be appointed, to wait on the members, returned from the western district, to sit in this Asserably, and inform them that this house are ready to receive them as merabers of this house, upon their producing tbeir several appointraents, &c. The raem bers chosen, Mr. S. Robinson, Mr. Lyon and Mr. Harris. The following are the several raerabers, chosen to represent the west ern district, and were introduced by the aforesaid committee, and pro duced their credentials, which were read and approved, viz. Mr. Thoraas Benedict and Mr. Benjarain Hicks, Scorticoolf. Capt. John Abbot and Lieutenant John Johnson, Hoosack. Col. Gideon Warren, Greenfield. David Randall, Esq. and Doct. Abraham Burdick, Little-Hoosach. Mr. John Shepherd, Black-Creek. Mr. Joseph Craw, South-GranviUt. Capt. Asaph Cook, Granville. Aaron Fuller, Esq. Skeensborough. Mr. Thomas Smith and Mr. John Rogers, Saratoga. Mr. Phineas Whiteside, Col. Joseph Caldwell, Cambridge. And they all took the necessary oaths to qualify them to a seat in this house ; except Lieut. John Johnson, and Mr. Benjamin Hicks, who did not attend." We cannot forbear pausing, for a moraent, to conteraplate the interest ing attitude, in which Verraont had now placed herself. No raeasures could have better exhibited the peculiar genius of her statesraen, and none have raore effectually contributed to sustain her independence, than those we have just recorded. By the unions, thus forraed, she had added an ex tent of territory, equal, at least, to that over which she originally clairaed jurisdiction. By this bold and decisive policy, she had augmented her resources — corapelled therespect of her eneraies — gained upon the con fidence of her friends — quieted disaffection athorae — invited eraigration, and thus laid the foundation for a large and powerful state. But there is another view of the advantages resulting frora this policy, which produces a still higher conviction of its iraportance, and exhibits a comcidence of events, as striking, perhaps, as any which distinguishes the early history of this state. We allude to the influence produced by this policy upon the negociations with the eneray, in Canada. i No people were more firraly attached to the cause of Araeriean inde pendence, than the people of Verraont ; and none had more successfully 142 NteGOCIATION WITH CANADA. contributed to sustain it. Yet, after all their efforts and sacrifices in the common cause, they had the mortification to find theraselves denied a just participation in the blessings which they had labored to secure. Their clairas to independence had been treated with indifference — they were threatened with the disraemberraent of their territory and the anni hilation of their sovereignty, and, to crown the whole, were abandoned by the power, which ought to have protected thera, and left to contend single handed, against the common enemy. Much, therefore, as they were attached to the cause of their country, they could not fail to perceive that every step taken to support it, only rendered their condition more hopeless ; and that it was of no iraportance to thera that the struggle with a foreign enemy should be brought to a successful termination, while they were threatened with subjection to a raore detested enemy, at home. In this state of things, Verraont wisely consulted her own safety, and for tunately secured it, by the negociation to which we have alluded. The fact that this negociation was conducted with the utmost secrecy, and principally by verbal correspondence, forbids the expectation of find ing raany original papers, connected with it. The most complete account we have been able to find, is contained in "The natural and political hi3<- tory of Vermont," published in London, A. D. 1798, and written by Ira Allen, Esq. who was the principal agent in the negociation. From this history we take the liberty to extract what here follows, relating to this subject. " ^^^.^'^^^ information, (says Allen,) that the people of Verraont had, that the British Generals in America thought to avail theraselves of an advantage m the disputes that subsisted between the claiming States and Congress, on the one part, and Verraont on the other, was contained in a letter frora Colonel Beveriey Robinson, dated New- York, March 30th, 1780, directed to Colonel Ethan Allen, which was deUvered to him, in July, m the street in Ariington. Mr. Allen perused the letter, then told the bearer that he should consider of it, and that he might return. Colonel Robinson begins his letter thus : « I ara now undertaking a task, which, I hope, you will receive with the sarae good intention that inclines me to raake it. I have often been inforraed tiiat you, and raost olthe inhabitants of Verraont, are opposed to the wild and chimerical scheme ofthe Araericans, in atterapting to separate this continent from ureal Britain, and to establish an independent state of their own ; and that you would willingly assist in uniting Araerica again, to Great Britain, ana restoring that happy constitution we have so wantonly and unadvised ly destroyed. If I have been rightly informed, and these should be your sentiments and inclination, I beg you will coraraunicate tome,witiioul reserve, whatever proposals you would wish to make to the Coramander in Chief; and I hereby promise that I will faithfully lay thera before hira, according to yom- directions, and flatter myself I c^ do it to ag NEGOCIATION WITH CANADA. lUi good effect as any person whatever. I can raake no proposals to you, until I know your sentiments ; but think, upon your taking an active part, and embodying the inhabitants of Verraont in favour ofthe crown of England, to act as the Coraraander in Chief shall direct, that you may obtain a separate governraent, under the king and constitution of England and the raen, forraed into regiraents under such officers as you shall re' eomraend, be on the same footing as all the provincial corps are. If you should think proper to send a friend of your own here, with proposals to the General, he shall be protected, and well treated here, and allowed to return, whenever he pleases." General Allen iramediately coraraunicated the contents of it to the XJovernor and sorae confidential persons, who agreed in opinion that it was best not to return any answer. On February 2, 1781, Colonel Robinson wrote again to general Ethan Allen, inclosing a copy of the forraer, in which he writes — " The frequent accounts we have had, for three raonths past, frora your part of the coun try, confirras rae in the opinion I had, of your inclination to join the king's cause, and to assist in restoring America to her forraer peaceable and happy constitution. This induces me to raake another trial, in sending this to you ; especially as I can now write with more authority, and as sure you, that you may obtain the terras raentioned in the above letter provided you and the people of Vermont take a decisive and active part with us.*" He requests an answer, and that some method might be point ed out for carrying on a correspondence forthe future, and information in what raanner the people of Verraont could be the most serviceable to the British government, " either by acting with the northern army, or to meet and join an array frora New- York." ^ Allen returned no answer to either of these letters ; but on March 9th { 1781, inclosed them in a letter to Congress. In his letter to that body he raade observations, justifying Verraont in asserting her right to inde pendence ; in which he observed, — conscious of his own integrity, and sensible that his activity and sufferings in the cause of his country were known to all America — " I am confident that Congress will not dispute my sincere attachment to the cause of ray country, though 1 do not hesi tate to say, I am fully grounded in opinion that Vermont has an indubit able right to agree on terras ofa cessation of hostilities with Great Britain ¦ provided the United States persist in rejecting her application for an union \ with them : for Verraont, of all people, would be the raost miserable, \ were she obliged to defend the independence ofthe United claiming States, and they, at the sarae time, at full liberty to overturn, and ruin the independence of Vermont. I ara persuaded, when Congress consider the circumstances of this state, they will be raore surprized that I have transraitted them the inclosed letters, than that I have kept them in cus tody so long ; for I am as resolutely deterrained to defend the independ- I ence of Verraont, as Congress are that of the United States ; and rather f than fail, will retire with the hardy Green Mountain Boys, into the deso- .' late caverns of the moiratains, and wage war with human nature at large." I • Copy of Robinson's letter of February 2, 1781, to E. Alles. "^ 144 NEGOCIATION WITH CANADA;. In April, 1781, Colonel Ira Allen was appointed, by the Governor and Council, to settle a cartel with the British in Canada, for an ex change of prisoners, and also to procure an armistice between Verraont and the British, which raost ofthe Cabinet Council thought irapracticable, at least, for any length of tirae, as the British had 10,000 troops in Cana da, who would, in that case, be idle, not being able to annoy the other States, without first annoying Verraont. An arraistice was necessary for Vermont, as their whole railitia did not exceed 7000 raen, able to bear arras, (her unions excepted) and who could not contend with 10,000 Bri tish troops, be raaintained and paid, for any length of tirae, if called out to action ; therefore an arraistice must be obtained, or the frontiers raust be evacuated, until assistance could corae frora those very states, whose influence had rendered Verraont defenceless ; which, perhaps, had been conteraplated, that they raight, raore easily, divide the spoil, under a rati fication of Congress, and have their troops ready to guarantee such division. The business was necessarily of a private nature ; nothing could be written with safety to Verraont ; one person was better than raore, as cross questions might arise, and no one could divine what questions and propositions might corae frora the British, respecting the past and future conduct and intentions of the principal characters of Vermont. Besides, there was much danger, in the negociation, to the Governor, Council, and especially their agent, from the spies ofthe clairaing States and Congress, who would labour hard for proof of a crirainal correspondence, to expose life and property ; but it was considered, that unless this raeasure was pursued, there was danger of being annihilated as a State, and being sub jected by a power greatly proraoted by the exertions of the people of Verraont. Under these circurastances, perseverance in an atterapt to obtain an armistice, was resolved on, at every possible hazard. At tiiis tirae, only eight persons were in the secret,* but raore were added, as cir curastances required. Colonel Allen preferred the first day of May, (it being the anniversary of his birth,) for his departure on this important business ; he took with hira one subaltern,-^ two Serjeants, and sixteen privates, and, with a fair wind, soon arrived at I' Isle aux Noix, and was kindly and politely received by Major Dundas, Commandant at that place, who provided convenient apartraents for Colonel Allen and his suite, and he daily dined with him at the mess. The next day, the com missioners raet to settle a cartel for the exchange of prisoners. Major Dundas, Captain Sherwood, and George Sraith, Esq. produced their cre dentials, as also Colonel Alien ; and they adj ourned to the following day.' Captain Sherwood walking next morning with Colonel Allen, told him that Major Dyindas had no knowledge of any business, except the ex change of prisoners, and that he and Mr. Sraith were the commissioners to settle the armistice,' and to concert with hira raeasures to establish Verraont a colony under the crown of (Jreat Britain. Whether Major -* The followinn Rrp the n.imes Of these persons, as stated by Dr Williams ia his his- tiMy ol Vermont, viz Thomas Chittenden. Mo.ses Robinson, Samuel Sdfibrd, EJiaii Allen. Ira Allen, Timothy BrownsoD, John Fassett, Joseph Fay. f Lieutcnaut Simcoo Lyman, NEGOCIATION WITH CANADA. 145 Dundas was, or was not, unacquainted with the main business, he con ducted hiraself as if he was not, for wliich reason the papers respecting the exchange of prisoners, were kept by theraselves for public inspection. What concerned the arraistice was more verbal than written. In the conferences respecting the temper and disposition of the inhabitants of ¦ Vermont, and their , extreme hatred to the system and government of New- York, it was observed, that Congress was making use of every art to bring Vermont in subjection to New- York, and that the people of Ver- \ raont would, rather than yield to it, see Congress Subjected to the British * governraent, provided Verraont could be a distinct colony under the crown, on safe and honourable terras ; that the people of Vermont were ; not disposed, any longer, to assist in establishing a governraent in Araeri- ; ca, which might subject thera and their posterity to New- York, whose government was raore detested than any in the known world, and under which the people of Vermont could never be safe, in person or property ; therefore, they would not submit to be subjected to the jurisdiction of New- York, on any terras ; that the raost discerning part of the citizens were weary of the war, and turning their attention to retirement and safe ty ; but how to effect their objects was the question. The replication to the foregoing observations was, that the territory of Vermont could be a colony under the crown, with privileges equal to those enjoyed by any other colony ; and that those who assisted in effect ing such an event, would be duly honoured and rewarded. Both parties joined in opinion, that Vermont raust becorae a British colony ; but the methods to effect it, consistent with the interests of both, were to be dis covered. Much conversation passed on the subject, and Captain Sher wood wrote to General Haldimand, and stated raatters, but nothing was decisively done for sorae tirae. The negociations caused the army to re main inactive, which gave Colonel Allen reason to persevere, with hopes. Colonel Allen asked leave to go and wait on General Haldimand, at Quebec, but was refused ; when he wrote to General Haldimand, in ab struse terras, onthe subject of his mission. General Haldimand answer ed his letter, and sent Major Lunno, Adjutant General ofthe army, to join the Commissioners at Isle aux Noix. On his arrival, he had a long conference with the two other Commissioners, after which, a private in terview took place between the parties in a bye part ofthe island, un known to Major Dundas, respecting the armistice, and the motives which induced the people of Vermont to consent to becorae a B ritish colony. The next day, Colonel Allen and Major Lunno met at the same place, and the Major requested Colonel Allen to put down, in writing, the most important matters forthe consideration of the Commander in Chief, who would then corae to a final conclusion. Colonel Allen declined writing any thing on the subject, lest his writings should be exposed (which would be dangerous to hira in the States, and destroy his influence there) as he had wrote to General Haldiraand, and, by accident, the copy of his letter, which was couched in very arabiguous terms, was enclosed to Major Dundas, who was angry to think Colonel Allen had wrote off the island without his consent, and declared to the officers that he would con fine Colojiel Allen in irons ; the impropriety of which was urged by the T 146' ..WEGOCIATION WITH CANADA. officers, as there could he, and wa^j no harnj in it, as it was to the Com mander in Chief, who had duly answered it- Colonel Allen said, he would verbally, state the business, which Major Lunno might write and communicate to the Coramander in Chief, with perfect safety and secrecy, on which the whole business depeinded, as the zealous Whigs would listen to no proposals until they saw and felt the benefits of an armistice ; and the loyal suhjects, who were scattered through the state, must be eraploy* ed to change the minds of the Whigs by degrees. Major Lunno, at once, adopted Colonel Allen's mode to inform the Coraraander in Chief, and proceeded in the following manner : Question. — Did not the people of Vermont take an early and active part in the rebellion ? Answer. — The people of Vermont were informed that hostilities had commenced ?it Lexington, by an express frora the Governor and Council of Connecticut, to Colonel Ethan Alien, who requested him iraraediately to raise the Green Mountain Boys, and, without loss of time, to raarch and take the forts Tyconderoga and Crown Point, which Colonel Allen complied with, and_also took the King's sloop of war with l6 guns, then lying off Fort St. John's. Question. — Have the people of Vermont continued their exertions in the course ofthe war ? Answer. — No people in America have exerted themselves more than those of Vermont ; they, with the assistance of the railitia frora the State of New-Hampshire, and from the county of Berkshire, gave the first check to General Burgoyne's array by the victory at Bennington ; and by other exertions, greatly contributed to the capture of his whole army at Saratoga. Question — What were the motives which stimulated the people of Vermont to such violent measures ? Answer The inhabitants of Vermont principally carae frora Connec ticut and the other New-England States, and, as brethren, felt for them, k in a high degree, when hostilities first coraraenced ; besides, they were ¦ ofthe sarae opinion as entertained by their brethren in New-England, that the Parliaraent of Great Britain had no right to bind and control the colonies, in all cases whatsoever, aad that representation ought to pre cede taxation. Question- On what principles do the people of Verraont act, by en deavouring to obtain an arraistice, and the privil^e of being a colony under the crown, after taking so decided a part as you say, on similar principles to those of their brethren in New-England ? .4«S!»er. — When the people of Verraont first took an active part a- gainst Great Britain, they were, in principles, agreed with their brethren in the other colonies, to oppose the claims of the Parliament on America, and fought in their country's cause, expecting to enjoy equal privileges with their neighbours, in chusing and establishing their own form of gov ernment, and in sharing with them all the advantages which might result frora their united efforts in the coraraon cause. But after all, they have found to their sorrow, by acts and resolutions of Congress, and proceed ings of other states, that they intend to annihilate the new state of Ver-. NB(SOCIATIOS WITH CANADA. 147 mont, and annex its territory to New-York, whose government is perfect ly hated and detested by the people of Vermont. To effect this plan, the frontiers of Verraont have been left naked and exposed to the wasting ,sword of the British troops, with a view to depopulate the country, and give the New- York monopolists possession. This usage being too rauch / for human nature to bear, the citizens of Verraont think theraselves justi- ) fiable, before God and raan, in seeking an armistice with the British, and I ceasing further to support a power tbat has too soon attempted to enslave i a brave and generous people. Question. — Should the Coramander in Chief consent to an armistice witii Vermont, for the tirae being, and admit it to be a British colon}', with as extensive privileges as any colony ever had, what would be an adequate compensation for the inactivity ofthe army ? and how soon can Vermont furnish a regiment to be put on the establishment, and raarch •with the army against Albany ; and what other assistance can Vermont give in such an expedition ? Ansioer.— The advantages to Great Britain by making an armistice, and receiving Verraont as a col'or/y, will be great. After the propositions of Colonel Beverley Robinson, in his letter of March 30th, 1780, to Gen eral Ethan Allen, the Cabinet Council of Vermont have not been inat tentive to a peace and union with the British government. Governor Chittenden, last July, sent a flag to the British Coraraodore, on Lake Charaplain, with a letter to General Haldiraand, requesting the exchange of «orae prisoners, which produced a truce, last autumn. General Ethan Allen included the frontiers of New- York, to Hudson's river, with Ver mont, which produced very good effects, and raade the people, among whom are many loyalists, on that district, friendly and anxious to come under the jurisdiction of Vermont. The Legislature of Vermont, on their petition, and, in consequence of measures. New- York, &c. were pursuing against her, extended her jurisdictional claira over that part of New- York : the territory thus added to the state of Vermont, is bounded south by a line due west frora the south-west corner of Vermont to the Hud son's river, thence up the said river to its source, and by a line due north, to the south line of Canada, thence east to the north-east corner of Ver mont. Articles of union are forhiing, and no doubt but that district will be duly represented in the next session ofthe Legislature of Verraont. In like raanner, has been added to the jurisdiction of the state, on petition of the inhabitants, all the territory lying east of Connecticut river, and west j of Mason's patent, which takes away, at least, one third part ofthe state ! of New-Harapshire. These additional territories will give strengtii to , Verraont and weaken Congress. The extent of country, and the return j of such a body of people to their allegiance, with the effects it raay have on the people in the other states, raany of whom are sick of the dispute, in consequence ofthe taxes and hardships already experienced, raost like ly will be of greater consequence than the operation of an army often! thousand men. As to an array raarching against Albany, it will operate against the union of the New- York district, and that of New-Hampshire, now forming with Vermont. This business requires tirae and modera- iion, with the address of some discyeet loyalists, ""^ in Canajla, who 148 KESOCIATION WITH CANADA.. may visit their friends in those districts, and let them know that Vermonf is on good terras with the British. In Verraont are plenty of raen who would be fond of coraraissions oa the British establishment, and could raise a regiraent in a few weeks j but this, with sundry other things, can be better ascertained after the session ofthe General Asserably, at Bennington, next June. A cartel for an exchange of prisoners was corapleted. Thus terminated this negociation in May, 1781, after seventeen days, on a verbal agree ment, that hostilities should cease between the British and those under the jurisdiction of Vermont, until after the session of the Legislature of Vermont, and until a reasonable time after, for a commissary of prisoners to come on board the Royal George in Lake Charaplain, and even longer, if prospects were satisfactory to the Commander in Chief. In the mean time Verraont was to consolidate her unions, to weaken Congress, permit letters to pass through Verraont, to and from Canada, and take prudent raeasures to prepare tbe people for a change of govern ment. The Coraraissioners parted in high friendship, and Major Dundas fur nished Colonel Allen and his suite with araple stores to return home. On Colonel Allen's return to Castletown, Captain flurlbert and others waited on him, and desired to be advised whether to reraain or raove to the inte rior parts of the country ; the Colonel advised them to r'-main quiet on their farras ; that the Governor and Council would provide the best means for their safety ; that they raust not be surprised if there was not a powerful army to protect the frontiers ; should any event raake it ne cessary, for the safety of their families, to move, they raight depend on seasonable inforraation : he had a similar interview with Major Hebsir Allen, the Rev. Mr. Hibbard, &c. in Poultney. The Colonel went to Sunderland, and made his report to the Governor and Council, who took raeasures to carry into effect tiie stipulations he had made. In June, the Assembly raet at Bennington, and received the Representatives frora the east and west wiions. Many jealousies having arose amongst the zealous whigs in the United States and Vermont, that some negociations were carrying on between the British in Canada and Verraont, which occasioned several men of discernraent to be sent from the neighbouring states, as well as manj in Vermont, to collect and see, if, at the sessions ofthe Legislature, they could find any raeasures were pursuing, that might eventually be injurious to the United States, or the coraraon cause of Araerica. On the other hand, the British in Canada were anxious to know whet her Col. Allen and his friends would be faithful, and conduct raatters so as to give a reasonable prospect of success, that raight be adequate to a fur- i ther suspension of hostilities ; with these views, two opposite parties at- { tended the Legislature ; as the Asserably convened in the Meeting-House, ' the spectators sat in the galleries. In a few days after their raeeting, the Assembly sent a raessage to the Governor and Council, requesting them to join in committee of both Houses on the subject of Colonel Allen's raission to the British in Cana da, &c. The Governor and Couijcil attended in the Assembly, and re- NEGOCIATION WITH CANADA. 149 solved both Houses into a committee of the whole, when the Governor proceeded to state the facts ; that in consequence of application fronai several persons, praying that sorae raeasures might be taken to procure the exchange of their friends, who were prisoners in Canada, in the recess ofthe Legislature, he had, with the advice of Council, appointed and au thorized Colonel Ira Allen to go to the Isle aux Noix to settle a cartel for the exchange of prisoners, in behalf of the state. That Colonel Allen went to the Isle aux Noix, where he met the British Commissioners, and, with difficulty, had corapleted the business, in behalf of Vermont, though no such exchange had taken place with the United States, or any other state in the northern department ; that if the grand committee wish ed for further particulars, respecting the raission and conduct of Colonel Allen, he was then present, and could best inforra ; to whom he referred thera. The committee then requested Colonel Allen to inforra thera respect ing his coraraission, and what effects it had produced. Colonel Alien rose, and observed to the committee, that he had received an appoint ment and commission from the Governor and Council, to go and settle a cartel with the British, in Canada, for an exchange of prisoners ; that he had, very happily, succeeded in his mission, and made his report to the . Governor and Council ; but not expecting to be called on by the corarait tee, had left the coraraission and all the papers at horae ; nevertheless, was ready to give a verbal statement ofthe whole transactions, or, if raore agreeable to the coraraittee, he would, by leave of the Governor and Council, go horae, and produce the writings for the inspection ofthe com mittee, next day- The committee desired Colonel Allen would lay the papers before them, the next day. Accordindy, he attended the coraraittee with the papers, and made a short verbal statement, that the papers raight be the better understood ; they were read, and, on the whole, it appeared, that the British had shewn great generosity in the business. Colonel Allen then rose, and stated sundry things, which occurred while he was in Canada, and raentioned that he had discovered among the British officers, a fervent wish for peace; and that the English governraent was as tired of the war, as the United States ;— then concluded with a desire, that if any Meraber ofthe coraraittee or auditor in the gallery, wished to ask any further questions respecting the business, he was ready to answer them. All seeraed satisfied that nothing had been done inconsistent to the in- [ terest of the States ; and those who wei-einthe interest of the United! States, paid their corapliments to Colonel Allen, for his open and candid I conduct. In the evening he had a conference with the Canadian specta tors, on the business of the day, and they appeared to be as well satisfied - as those frora the neighbouring States and Vermont. Is it not curious to i see opposite parties perfectly satisfied with one statement, and each be- 1 lieving what they wished to believe, and thereby deceiving theraselves ! ; Major Joseph Fay was then appointed Commissary of prisoners, and after the session of the Asserably, went, in July, on board the Royal George, in Lake Champlain, obtained the exchange of prisoners, and a further extension ofthe armisticer. liiO NEGOCIATION WITH CANADA. In July, 1781, General Ethan Allen was informed by one of his neigh hours, that some of his friends, from Canada, wished to speak with hire in the dusk ofthe evening of that day ; that he would shew him the place, if he chose to see them ;— at the time appointed, General Allen, with his cane only in his hand, cheerfully went to a British guard under arms, and received a packet from the British in Canada. In the twilight of the next day he raet thera again, and returned an answer ; this mode of corres pondence was continued, and whenever dispatches carae in this way, General Ethan Allen or Colonel Ira Allen (ai^ they both lived in one house) went and received them, and returned an answer, not trusting any other person with these dispatches. It is worthy of remark, that Sun derland, where they lived, was more than sixty miles from the frontiers ; yet a Serjeant and six or eight raen frequently passed with their arras, in 1781 and 1782, without being discovered by any that would inforra a- gainst them. In these times, party spirit ran so high against tories, or any corres pondence with the British, that a person in Arlington, who had, on these occasions, rendered hiraself obnoxious to sorae brave and spirited people in Manchester, &c. a party collected and set out to pull his bouse down ; their plan veas discovered by Colonel Gideon Brownson and Captain Eli Brownson, who raet said party in Sunderland, interposed by their advice, to prevent so rash a procedure. — Colonel Ira Allen soon came to their assistance ; by their united influence, with difficulty they persuaded said party quietly to return home. That the sarae eveninj?. Colonel Ira Allen, crossing the same ground, where said party were persuaded to return back, met a British guard under arras, received a packet, and returned an answer, next evening. This shews the vicissitudes of human affairs, and the dangers indivi duals are frequently exposed to, for the best good ofthe whole. The Assembly, during their June session, appointed Jonas Fay, Ira Allen, and Bezaleel Woodward, Esquires, agents to Congress. On their way to Philadelphia, and on the sarae day of their arrival, they, at an inn, saw, in a newspaper, a letter from Lord George Germain to Sir Henry Clinton, dated Whitehall, February 7th, 1781, which had been taken by the French and carried to Paris, and by Dr. Franklin, forwarded to Con gress, who had ordered it to be printed, containing, among other things, the following : " The return of the people of Verraont to their allegiance is an event of the utmost iraportance to the King's affairs^ ; and, at this tirae, if the French and Washington really meditate an irruption into Canada, may be considered as opposing an insurmountable bar to the atterapt. General Haldiraand, who has the same instructions with you, to draw over those people, and give them support, will, I doubt not, push up a body of troops, to act in conjunction with them, to secure all the avenues through their country into Canada ; and when the season ad- naits, take possession ofthe upper parts ofthe Hudson's and Connecticut rivers, and cut ofi the communication between Albany and the Mohawk's country. How far they raay be able to extend themselves southward or eastward must depend on their numbers, and the disposition of the jnhab- itants." SE60CIATI0N WITH CANADA, 151 This information had greater influence on the wisdom and virtue of Congress, than all the exertions of Verraont in taking Tjconderoga, Crown Point, and the two divisions frora General Bourgoyne's army, or their petition to be admitted as a state in the general confederation, and offers to pay tiieir proportion of the expences of the war."* In Septeraber, 1781, the negociation was renewed at Skeensboro ; at which time. Colonel Allen was associated with Major Joseph Fay, an ad ditional agent on the part of Verraont. We are again indebted to Allen's history, for the following account ofthe proceedings, at this interview. " The plan of govemeraent for the colony of Verraont was taken into consideration, which was, for sorae tirae, debated ; when it was agreed, that his Majesty in Council should appoint the Governor, but it was ex pected, to be a subject in the colony ; that the people should appoint a Lieutenant Governor and twelve counsellors, who should forra one branch ofthe Legislature, and the other should consist of one meraber from each town, who were to be annually elected by the people, similar to the pre sent form, who should have a right to enact provincial laws, «&c. similar to the colony of Connecticut. The British Commissioners suggested an instruction from the Com mander in Chief, to send scouts and make prisoners of several persons in Verraont, that were raost violently opposed to negociations with the Bri tish governraent. This, the agents of Verraont opposed, repriraanding the conduct ofthe officer, who presuraed to send a scout to, and wound. Major Younglove, within Vermont, as being a violation of the arraistice agreed on ; that every raeatsure of that kind would stiraulate a spirit that must be concil- .jiated, before a corapletion ofthe object wished for. The object weis then relinquished by the Commissioners, as being dis cretionary with them, after a conference with the agents of Verraont. The British Coraraissioners insisted that Vermont should declare itself a British colony, offering to put on the British establishraent one Briga- ¦ dier General, two Colonels, and other officers, for two regiraents, all to be naraed by certain raen in Verraont, with other advantageous and lu crative offers, proposing- an expedition against Albany ; that, by uniting the British troops and the Verraontese, they would form a strong barrier, and be able to defend theraselves against the States ; that the Commander in Chief was determined not to lose the campaign inactively ; that some thing effectual must be deterrained on, before they parted, or the arraistice raust cease. The agents of Vermont treated this proposition with candour and delib eration, stating the local situation of Verraont, and the extent of frontier opposed to the United Sta:tes to be about two hundred and fifty railes, in cluding her unions, bounding on as thicTi settlements as any in the United States ; that amongst the body .of the people, were as staunch whigs as any part of Araerica ; that the ties of consanguinity, neighbourly and * Allen's history p. 150-1. 153-5, I6i-177 152 N1B«OCIATION WITH CANADA-. personal friendship, &c Were opposed to fighting each other ; that, in the ancient district, as also the unions of Vermont, were sorae of the raost zealous supporters of the independence of America ; that to-change the temper and disposition of such men, heated with a revolutionary frenzy, must be a work of tirae, and raoderation in the tirae of an armistice, shew ing thera the blessings of repose under a permanent governraent. That, considering the extent of the frontiers of Verraont, that a range of green raountains divides it near the centre, through which roads were alraost irapossible ; under these considerations, it raight not be in the power of his Majesty's troops to defend the said frontiers, especially in the winter ; and should they be compelled to retire to Canada, for winter quarters, it would ruin their friends in Verraont, and spoil their best ser vices. The question, therefore, was, whether, considering the letter frora President Weare to Congress, in which he acknowledges that the State of New-Harapshire cannot furnish her quota of raen and money, for the service of the United States, in consequence of one third part ofthe State having revolted and joined the new State, and raore, he expected, would follow their example ; that another union, to include Berkshire county, in the Massachuseit's, raight, in the course of events, take place ; that such raeasures, with their effects on the people through the States, might be of more service to the King's cause, than any other thing in the power of Vermont to accoraplish. The British Commissioners took down, in writing, the heads ofthose objections, forthe information ofthe Commander in Chief. They then suggested an instruction, which they said they were not at liberty to de viate from, without putting an end to the arraistice, — which was, that his Excellency General Haldiraand should, in pursuance of full powers vested in hira, by his Majesty and Privy Council, issue his proclamation, offer ing to confirm Vermont as a colony under the crown, with the full extent of her claims, confirming the principles of governraent as aforesaid, pro vided the people would return to their allegiance ; that an army should corae up the lake in October, with said proclaraations, during the session ofthe Legislature, and distribute them ; when the Legislature raust ac cept the same, and, with tl^e British, take measures for their common de- , fence, &c. The Agents of Vermont were unpleasantly situated on these proposals ; they reinforced the preceding arguments, with these remarks, that the season was too far advanced for such important operations, considering the climate, badness of roads, that no fortifications or preparations were made on the frontiers for defence, that one winter would have great effect in changing the minds ofthe people for a new order of things, &c. and •that the Coraraander in Chief, on full consideration of these matters, might be ofa different opinion ; but should he not, they hoped the Gene ral, who brought forward such proclaraations, would learn the temper and dispositition ofthe people before he distributed them; on these prin ciples they consented to have the proclamafions brought up the lake, rather than break the armistice. - The Commissioners and Agents then separated, on terms of mutual friendship. NEGOCIATION WITH CANADAi, ISIj tn October, 1781, the Legislature raet at Charlestown, in the East tJnion, when the government of New-Harapshire sent a Major Runnals, with two hundred raen, as was supposed, to stop the election, and session ofthe' Legislature. The friends of Vermont advised the Major, if he had any instructions frbra New-Harapshire, which were hostile to Vermont and the East Union, that it would be, for the sake of humanity, adviseable for him to keep thera to hiraself, as his force would not avail : this he prudently did, and the Assembly convened and proceeded to business, without opposition. In the raean tirae, General St. Leger, at the head ofthe British array from Canada, ascended the Lake Charaplain, and rested at Tyconderoga ; while General Enos had the coraraand ofthe troops of Verraont, on the frontiers, and his head quarters at Castleton. The General, and a number of officers under him, were fully acquainted with the negociations with the British in Canada ; in particular. Colonels Fletcher and Walbridge. Notwithstanding, it becarae necessary to keep up appearances, by sending frequently sraall scouts to Charaplain, to ob serve the raoveraents of the eneray. One of these scouts fell in with a party of General St. Leger's ; sorae shots were exchanged ; Sergeant Tupper, who coramanded the scout from Verraont, was killed on the spot, and his raen retreated : tbe body was decently buried, and General St. Leger sent all his clothes, with an open letter, to General Enos, in forming him of his regret for the fate of the serjeant, and made an apology for his death. Perhaps this was done to try the spirit and disposition of the inhabitants, previous to the publication of the proclamation, as con ceded to, at Skeensborough, the Septeraber before. The dispatch and apparel were publicly delivered to General Enos, which raade consider able noise araong the troops. . General Enos, and Colonels Fletcher and Walbridge, wrote letters, and sent, immediately, an express to Governor Chittenden, at Charlestown, announcing the arrival, at Tyconderoga, ofthe British army ; wherein they blended public matters and private negociation. Mr. Hathaway, the messenger, not being in the secret, failed not to proclaira the extraor dinary message of General St. Leger through the streets of Charlestown, till he carae to tbe Governor, which happeijed in the recess of thei Legis lature, and occasioned crowds of people to follow, to hear the news. The Governor and others were sitting in a large room, araongst whora were sorae persons that were eager to learn the negociations that were general ly supposed to be carried on between the British in Canada and Verraont, to raake an ill use thereof. The Governor opened one ofthe letters ; he thought it prudent to peruse it hiraself, before he allowed it to be pubUcly read. These letters were found to contain both public and private in forraation, which occasioned sorae change of letters betwe^ the Governor, and Messrs. Brownson and Eassett, who were in the secret, and next to the Governor. In this confused raoraent. Major Runnals came in, and in quired of Colonel Ira Allen, what was the reason that General St. Leger was sorry that Serjeant Tupper was killed ? Mr. Allen said that he ) could not tell. Mr. Runnals repeated the question ; and Mr. Allen ob- j served, that good men were sorry when good men were killed, or met ' with misfortune, which might be the case with General St. Leger. — Th." U 154 NEGOCIATION WITH CANADA. Emswer enraged Mr. Riunals ; and he again loudly enquired what rea sons could possibly induce a British General to be sorry, when his ene mies were killed, and to send his clothes to the widow ? Colonel Allen then requested Major Runnals to go at the head of his regiraent, and de mand the reasons of his sorrow, and not stay there, asking impertinent questions, eating up the country's provisions, doing nothing when the frontiers were invaded. Very high words passed between the Major and Colonel Allen, till Mr. Runnals left the roora. This raanoeuvre drew all the attention from said letters. It was, then proposed that the Board of War should be convened ; and the Governor then summoned the raembers of the Board of War to appear, as soon as possible, in his chamber, leaving Mr. Hathaway to detail the news to the populace, — the BosirdofWar being all in the secret. New letters were raade out frora General Enos, Colonels Fletcher and Walbridge's letters, and, for the information and satisfaction of the public, read in council and assem bly, for the originals, and then returned to the Governor. Those letters contained every thing but the existing negociations, whioh prudence and policy dictated to be separated frora the other part of said letters. • In the mean tirae, Colonel AUen and Major Fay wrote to the British Commissioners, who were with General St. Leger, on the subject of their forraer negociations, in which they gave a list of the naraes ofthe mem bers of the Legislature, with marks, denoting the new merabers, from which the change aJDpeared great. They suggested the capture of Lord Cornwallis and his array, and added that, whether true or not, it had tbe same effect upon the people, who soon hoped for better news. In this critical situation, they thought it improper to publish the proposed pro claraation, as several changes and circumstances seeraed to presage more happy events, that would soon make all right. The packet, containing Colonel Allen and Major Fay's letter, was delivered at Tyconderoga, about ten o'clock in the morning. About an hom- after, an express arrived from the southward, which was .supposed to contain the news of the cap ture of Lord Cornwallis and his array ; for, before evening, the troops, stores, &c were erabarked, and, with a fair wind, returned to Canada Thus ended the campaign of 1781, with the accidental loss of only one raan, onthe extensive frontiers of Verraont, exposed to an army often thousand raen ; yet she did not incur any considerable debt. — Such were the happy effects of these negociations."* We do not learn that any further interview took place between the A- gents of Vermont and the British Coraraissioners. Several coraraunica tions, on this subject, passed frora Canada to Vermont, in the year 1782, as appears from the following extract from Allen's history ,-^with which we close the account of this interesting negociation, " In the winter of 1782, the ;$ritish in Canada were impatient to leara what effect the capture of Lord Cornwallis had produced. Their anxiety, and, confidence in the people of Vermont, will best appear from the stile, Allen's history, P. 185—193. NEGOCIATION WITH CANADA. 155 in the extract of the following letter from the British agent, dated Feb ruary 28th, 1782. " My anxiety to hear from you, induced me to apply to his Excellency (General Haldimand) for leave to send the bearer V^ith this ; which having obtained, I earnestly request you to Send rae, in the most candid, unreserved raanner, the present Wishes and intentions ofthe people, and leading raen of your State, respecting our forraer negociations ; and what effect the late catastrophe of Lord Cornwallis has on theni. Will it not be well to consider the raany chances and vicissitudes of war ? . However brilliant the last campaign raay appear, the next raay wear a very different aspect. Add to this, the great probability of ybur being ruined by your haughty neighbours, elated by (what they call) a signal victory ; and I hope you will see, as I do, that it is more than ever your interest, to unite yourselves with those who wish to raake you a happy and free government. Will there be a proper time to send the proclainations ? I repeat ray request, that you Will tell rae, without reserve, what raay be expected in futiu-e." April 22d, 1782, the British agents Wrote, — " in confiderice, we take this opportunity to acquaint you, by the authority of his Excellency Gen eral Haldiraand, that he is still inclined to treat araicably With the people of Vermont ; and these his generous and humane inclinations, are now seconded by much stronger powers from his M&jeSty, than he has hitherto enjoyed for that purpose. We do, in confidence, officially assure you, that every article proposed to you, in his Excellency's forraer offer, as well as the confirmation of the east and W^est unions, in their utmost liraits, will be araply and punctually complied with; We hope your answer may be such, as to unburden our anxious rainds." Extremely fearful about the event, and impatient at not receiving an answer, on April 30th, they wrote again, and carried their offers and promises to a still greater extent : — " His Excellency has never lost sight of his first object ; and I am happy to be able, in this, to inform you, that the General has lately received, by way of Halifax, full powers from the Kirlg to establish V 1 governraent, including the full extent of the east and west unions, with every privilege and irarairaity, formerly proffered to you ; and he is-, likewise, fully authorized, as well as sincerely inclined, to pro vide amply for *****, and to make ***** Brigadier General, in the line, — ********** field officers, with such other rewards, as yOUr sincerity, and good services in bringing about the revolution,- may, in ftiture, raerit. In ; short, the General is vested with full powers to raake such rewards, as he • shall judge proper, to all those who distinguish themselves in promoting ' the happy union. And, as his Excellency has the greatest confidence in you, and ***'*''*^ rauch will depend on your recomraendations." Extractfrom General Haldimand' s letter in the summer of 1782. " You may rest assured that I shall give such orders, as will effectilally prevent hostilities ofany kind being exercised in the (hstrict of Verraont, until such tirae as a breach on your part, or sorae general event, may make the contrary ray duty. And you have my authorityto promulgate, in such manner as you shall think fit, this ray intention, to the people of the said district, that they may, without any apprehension, continue to 156 PROCEEDINGS RELATIVE TO ADMISSION encourage and proraote the settlement and cultivation of that Hew couo--. try, to the interest and happiness of themselves, and their posterity."* One ofthe British agents wrote^ March 25th, 1783, ^fter some reports of peace, and before officially made known, in this stile : " I am commanded to acquaint you, that, actuated from the beginning, by a sincere desire of serving you, and your people, as well as of promot ing the royal cause, by re-uniting you with the mother country, his Ex cellency never lost an opportunity of representing every circurastance that could be advanced in your favour, to the King's ministers, in the Kope of accomplishing a reconciliation. His Excellency will continue, by such representations, to do all in his power to serve you ; but what effect it may have, at this late period, is very uncertain. While his Ex cellency sincerely regrets the happy moment, which it is rauch to be fear ed, cannot he recalled, of restoring to you the blessings of the British government, and views with concern the fatal consequeaces approaching, which he has so long, and so frequently predicted, from your procrasti nation, he derives some satisfaction from a consciousness of not having omitted a circurastance, which could tend to your persuasion, Euid adopt ion of his desired purpose. In the present uncertain state of affairs, un- inforraed as his Excellency is, of what is doing, or perhaps done, in a general accomraodation, he does not think fit, until the result shall be known, to give any opinion, which may influence you, perhaps, to the prejudice of your interests, or that might interfere with the views of gov ernment. If the report, now prevailing, has any foundation, a very short time will determine the fate of Verraont. Should any thing favour able present, you raay still depend on his Excellency's utraost endeavours. for your salvation."! Thus terminated a negociation, by which Vermont, abandoned, and ex posed, at every point, was protected, as if by magic, from the overwheL ming power of the eneray ; while, at the sarae tirae, and by the very same means, she added to her importance in the estimation of Congress and secured a more respectful hearing of her claims to independence ! From the history of this negociation. we now turn to an examination of the Proceedings relative to the admission of Vermont into the union. Immediately after the formation of the western union, viz. on the 22d of Jdne, 1781, the Legislature of Verraont appointed Jonas Fay, Ira Allen and Bezaleel Woodward, Esquires, delegates " to repair to the Araeriean Congress, with full powers to propose to, and receive frora them, terras for an union of Vermont with the United States, and to take seats in Congress, as delegates from Verraont, when terms of union should be agreed on and ratified."| * Haldimand's letter to Governor Chiltenaen, dated Quebec, Sth August, 1782. f Allen's history, P. 240—4. t Journals of VefinoBt. ^NTO THE UNION. 157 On the 7th of August, the subject was brought before Congress, and the following resolutions were adopted. "Whereas the States of New-Hampshire and New- York, have submitted to Congress the decision ofthe disputes between them and the people ili- habiting the New-Harapshire grants, on the west side of Connecticut river, called the State of Verraont, concerning their respective clairas of jurisdiction over the said territory, and have been heard thereon ; and wherecis, the people aforesaid claira and exercise the powere ofa sovereign independent state, and have requested to be adraitted into the foederal union of the United States of Araerica : in order thereto, and that they may have an opportunity to be heard in vindication of their said claim : Resolved, That a coraraittee of five be appointed to confer with such person or persons, as raay be appointed by the people residing on the New-Hampshire grants, on the west side of Connecticut river, or by their representative body, respecting their claira to be an independent state, and on what terras it raay be proper to adrait them into the foederal union of these states, in case the United States, in Congress assembled, shall de terraine to recognize their independence, — and thereof make report : And it is hereby recoraraended to the people ofthe territory aforesaid, or their repr^entative body, to appoint an agent or agents to repair ira mediately to Philadelphia, with full powers and instructions to confer with the said coraraittee on the raatters aforesaid, and on behalf of the said people, to agree upon, and ratify, terras and articles of union and confederation with the United States of Araerica, in case they shall be ad- mittgdJnta-thejraion : and the said coraraittee are "hereby Tnslructefto give notice to the agents of the states of New-Haraphshire and New- York, to be present at the conference aforesaid. Resolved, That, in case Congress shall recognize the independence of the said people of Verraont, they will consider all the lands belonging to New- Hampshire and New- York, respectively, without the liraits of Ver mont aforesaid, as coraing within the mutual guarantee of territory con tained in the articles of confederation ; and that the United States will, accordingly, guarantee such lands and the jurisdiction over the same, a- gainst any clairas or incroachments from the inhabitants of Vermont aforesaid." On the 17th of August, the coraraittefe of Congress were specially in structed to confer with the agents from Vermont ; as appears by the fol lowing extract from the journals ofthat day. Friday, August 17th, 1781 "Congress took into consideration a report ofthe coraraittee, appointed in pursuance ofthe resolution of the 7th, to confer with agents to be ap pointed by the people ofthe New-Harapshire grants, on the west side of Connecticut river ; and to whora was referred a letter frora Jonas Fay, Ira Allen, and Bezaleel Woodward, wherein they represent that the said J. Fay, I. Allen, and B. Woodward have produced to thera a coraraission, under the hand of Thomas ChittQnden, Esquire, empowering thera, a- 15'8 PROCEEDINGS RELATIVE TO ADMISSION mong other things, to repair to the American Congress, and to propose to, and receive from, them, terras of union with the United States : whereupon. Resolved, That it be an instruction to tlie committee, to confer with the said Jonas Fay, Ira Allen, and Bezaleel Woodward, on the subject of their mission." On the 1 8th, the following conference took place, between the com mittee of Congress and the agents of Vermont. " Question 1st. Are the boundaries, set forth in the written propositions delivered in by the said agents, at this tirae, clairaed by the State of Ver mont, as the lines of jurisdiction, the same as contained in the resolution of Congress ofthe 7th of August instant ? Answer. They are the same, with the addition of part ofthe waters of Lake Charaplain, for the benefit of trade. Question 2d. What part do the people of Verraont mean to take, as to the past expences of the present war, and what aid do they propose to ' afford as to raen and raoney, to the comraon defence ? Answer. Such proportion as shall be mutually judged equitable, after their admission to a seat in Congress, which has been, at several different times, officially proposed by agents on the part of Verraont. Question 3d. What are the ideas of the people of Verraont relative to the claira of private property, under grants or patents ft-ora New-Hamp shire, or New- York, previous to the present revolution ? Answer. Although the State of Vermont have not, hitherto, authorized any Courts to take cognizance of such causes, as respect titles of lands, nevertheless, they have had, and still have it in contemplation to adopt such raodeSj as the circumstances, arising out of each case, may justify, without adhering to the strict rules of law. Question 4ih. What- are the intentions of your constituents, in regard to the patents that were granted on conditions of settleraent within a giv en tirae, and which have been prevented by the claims ofthe people of Vermont, and the present revolution ? Answer. No forfeitures have been taken by the State of Vermont, on any such grants, for non-performance of conditions of settleraent, and we conceive it to be the intention of our constituents to grant a further rea sonable tirae for fulfiUing such conditions. Question 5th. What are the nuraber of inhabitants within the lines raentioned in the propositions above raentioned ? Answer. As the citizens of Verraont have not been lately nurabered, we can therefore only estimate thera at thirty thousand, which we con ceive to be nearly a true estiraate. Question 6tli. What quantity of land is contained within the said bounds ? Answer. There has been no accurate survey of the State of Vermont, but we conceive it to contain about five millions of acres. Question 7th. What applications have been made, either publicly or privately, by the enemies of tiie United States, or their adherents, to draw INTO THE UNION. 159 off the people of Vermont from their affection to the United States of Araerica ? Answer. The honourable committee are possessed of copies of Bev. Robinson's letters, inclosed in Brigadier General Allen's letter ofthe 9th of March last, to the then President of Congress ; and any private offers we cannot avouch for. Question Sth. Incase the eneray should atterapt an invasion of the nojithern frontiers, what aid, as to men and provisions, could be raised in the State of Verraont, for the pubhc defence, (you can suppose the inva sion made ui different quarters) and in what time ? Ausioer. The number of militia, within the lines herein limited, we suppose to be about seven thousand, are iii general well armed and ac coutred, and have ever shown themselves spirited in csise of alarms, &c. In regard to provisions, the country is fertile, but new, and considerable emigrations from other states to Verraont — The Legislature, at their session, in October last, levied a tax onthe inhabitants, sufficient for vic tualling one thousand five hundred troops in the field, for twelve raonths ; and we are of opinion a larger store may be, in the same raanner, collect ed, the ensuing auturan." On the 20th of August, the coraraittee of Congress raade a report to that body ; — whereupon, Congress carae to the following important res olution. "It being the fixed purpose of Congress to adhere to the guarantee to the States of New-Hampshire and New- York, contained in the resolutions of the 7th instant : •- Resolved; That it be an indispensable preliminary to the recognition of the independence of the people inhabiting the territory, called Ver raont, and their admission into the foederal union, that they explicitly re linquish all deraands of lands or jurisdiction on the east side ofthe west bank of Connecticut river, and on the west side ofa line, beginning at the north west corner of the state of Massachusetts, thence running tweiity railes east of Hudson's river, so far as the said river runs north easterly in its general course ; then by the west bounds ofthe townships granted by the late governraent of New-Harapshire, to the river running from South-Bay to Lake Champlain, thence along the said river to Lake Charaplain, thence along the waters of Lake Champlain to the latitude of forty-five degrees north ; excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain." "3 BothVermpnt and New- York appear to have' been dissatisfied with this resolution ;— the former, because it contemplated, as a condition of her admission into the union, the dissolution of the connexions she had just forraed, -and the latter, because it recognized tbe claim, against which she had, so long and so earnestiy contended : — the one, because Ver raont was too rauch reduced, — the other, because she had any thing left") which she could call her own ! 160 PROCEEDINGS R'e1.ATIVE TO ADMl'sSION We now proceed to gratify the curiosity ofthe reader, by presenting the following Proceedings ofthe Legislatures of Verraont and New-York? on the reception ofthe foregoing resolutions. Proceedings ofthe Legislature of Vermont. " State op Vermont, Charlestown, October l6th, 1781. The Governor and Council having joined the geheral asserably, in a' comiiiittee of the whole, to take into consideration the report ofthe honor able Jonas Fay, Ira Allen and Bezaleel Woodward, Esquires, who were appointed by the Legislature of this State, in the raonth of June last, to repair to the Araeriean Congress, with powers to propose to, and receiV^e from, them, terms for an union of this, with the United States, &c. His Excellency Thomas Chittenden, Esquire, in the chair : The said agents laid before the coraraittee the foUbwing papers, which were read by the secretary in their order, viz. 1st. and 2d. A copy of their letter to the President of Congress, ofthe 14th of August last, enclosing a duplicate of their commission. 3d. The resolutions of Congress, ofthe 7th and 8th of August last. 4th. Brigadier General Bellows, and associates^ petition to New-Hamp shire, 25th of May, 1781. 5th. Petition ofthe selectraen of Swanzy to New-Hampshire, June 9th, 1781. 6th. Honorable Mesheck Weare's letter, to be laid before Congress, dated 20th June, 1781. 7th. Messieurs Duane and Ezra L'Horaraedieu's meraorial and prayer to Congress, of the 3d day of August, 1781 ; together with Ira Allen and Stephen R. Bradley, Esquire's reraonstrance to Congress, dated Septem ber 22d, 1780. 8th. Resolve of Congress, dated I7th August, 1781. 9th. Written proposals to coraraittee of Congress, dated August 18th, 1781. lO^A. Questions proposed to the agents . sjolntipn of the eastern and western unions. * See page liO 168 PROCEEDINGS RELATIVE TO ADMISSION " State op Vermont, Bennington, Feb. 19tli, 1782. The Governor and Council having joraed the General Asserably, in a coraraittee ofthe whole, to take into consideration the resolutions of Congress of the 7th and 21st of August last. His Excellency Thomas Chittenden, Esquire, in the Chair. The following papers were read by the secretary in their order, viz. 1st. The said resolutions of the 7th and 21st of August, and a letter frora his Excellency the President of Congress, to his Excellency the Governor, enclosing thera. 2d. A private letter from his Excellency-General Washington, to his Excellency the Governor, dated, Philadelphia, January 1st, 1782. 3d. A letter frora General Oliver Woolcott, to his Excellency the Go-vemor, dated January 18th, 1782. 4th. A letter frora the Revd. Jonathan Edwards, to Noah Smith. 5th. The articles of unions with the eastern and western districts. Adjourned until 2 o'clock, P. M. Met, according to adjournraent. 6tb. The Proceedings of the Legislature, in Ottober last, upon the said resolutions of Congress, were read. After sorae debate, adjourned until to-raorrow raorning, 9 o'clock. February 20th, 9 o'clock. Met, agreeable to adjournraent. 7th. A letter from Colonel Lutterloh, to Major Fay, was read ; and after some debate on the business, adjourned until 2 o'clock, PvM. 2 o'clock, P. M. raet, according to adjournraent. Sth. A letter frora General Patterson, to Major Fay, was read. A raotion was made by Mr. Chandler, that the sense ofthe committee be taken upon the following question, viz : — whether Congress, in their resolutions ofthe 7th and 21st of August last, in guaranteeing, to the re spective states of New- York and New-Hampshire, all the territory with out certain liraits, therein expressed, has not eventually deterrained the boundaries of this state } Which question being put, was carried in the affirraative : whereupon, Resolved, That, in the opinion of this coraraittee. Congress, in their resolutions ofthe 7th and 21st of August last, in gucu-anteeing to the re spective states of New- York and New-Harapshire, all territory without certain liraits, therein expressed, have eventually determined the boun daries of this state. And whereas, it appears to this coraraittee, consistent with the spirit, true intent and raeaning ofthe articles of union, entered into by this state with the inhabitants of a certain district of country, on the east side ofthe west bank of Connecticut river, and onthe west side ofa line twenty miles east of Hudson's river ; (which articles of union were executed on the 23d day of February, and the 15th day of June' last past,) that Con gress should consider, and deterraine, the boundary lines of this state. — Therefore, this committee recommend to the Asserably of this state, to pass resolutions, declaring their acquiescence in, and accession to, the de terraination made by Congress of tiie said boundary lines, between the states of New-Harapshire and New- York, respectively, and this state, as ISSTO THE UNIOWn 169 Ihey are, in said resolutions, defined and described, and also, expressly relinquishing all claim to, and jurisdiction of, and over, the said districts of territory, without said boundary lines, and the inhabitants thereon re siding. Confiding in the faith, and wisdom of Congress, that they will, irarae diately, enter on measures to carry into effect the other raatters in said resolutions continued, and settle on equitable terms, whereby this state raay be received into, and have and enjoy all the protection, rights and advantages of a federal union with the United States of Araerica. as a free, independent and sovereign state, as is held forth to us in and by saii^ resolutions. And this coraraittee do further recoraraend to the Assembly, that they "* cause official inforraation of their rosolutions to be immediately transmit ted to the Congress of the United States, and the States of New- York and New-Harapshire." The foregoing Proceedings of the committee ofthe whole, were re ported to the housBj a,nd on tbe 23d of February, the report was aceepted; whereupon, it was " Resolved, That the west bank of Connecticut river, and a line be ginning at the northwest corner of the Massachusetts state, from thence northward, twenty railes east of Hudson's river, as specified in the reso lutions of August last, shall be considered as the east and west boundaries of this state ; and that this Assembly do, hereby, relinquish all claim and demand to, and right of jurisdiction in, and over, any, and every district of territory without said boundary line ; and that authenticated copies of this resolution be, forthwith, officially transmitted to Congress, and the States of New-Harapshu-e and New- York, respectively." Immediately after the adoption of the foregoing resolution, tlie Legis lature appointed four Agents to negociate the admission of Verraont into the union ; and instructed thera as follows. " Private instructions to the honourable Jonas Fay, Moses Robinson, and Paul Spooner, Esquires, and Isaac Tichenor, Esquire, Agents, elect ed to negociate the admission of the state of Verraont into the confedera tion of the United States, and Delegates to Congress, in case of such ad mission. Gentlemen, You will repair, without loss of tirae, to Philadelphia, and are to con sider yourselves as Plenipotentiaries, invested with full power to agree on terms upon which this state shall corae into an union with the United States of North Araerica ; and, in case of such agreement, in behalf of this state, to sign and ratify articles of foederal union with the confeder ated states of Araerica ; but it is not expected that more than one of you will reraain at Philadelphia, at a tirae. In your negociation, it is expected that you will so conduct, as to in duce the persons you negociate with, to be^eve that'your coijistituents ex- \ 170 PROCEEDINGS RELATIVE TO ADMISSION pect to be admitted free from arrears ofthe continental debt, already accrued ; and~ to discharge their own. If this cannot be obtained, it is expected that you will reduce that part of the continental debt, which this state shall have to pay, to as sraall a sura as possible : — And that jMu make returns to his Excellency the Governor, as soon as raay be, of the certain sum which you shall covenant that this state shall pay. SAMUEL FLETCHER, /or Co»!m«ee; State ot > j^ General Assembly, Feb. 26th, 1782. The within instructions were read, and passed the House. Attest, ROS. HOPKINS, Clerk. True Copy,* Attest, THOMAS TOLMAN, D. Sec. Council. The friends of Verraont now confidently anticipated a speedy terraina tion ofthe controversy with New- York ; — ^that, having coraplied with the condition held out by Congress in their resolution of the 20th of August, she would, forthwith, be adraitted into the union. But they were dooraed to disappointraent ; — a disappointment, tbe pain and mortification of which, could only be exceeded by the impolicy and injustice ofthe ne^ect vyhich produced it. On the 17th of April following, a coraraittee of Congress, consisting of Mr. Clymer, Mr. Carroll, Mr. Clark, Mr. Liverraore, and Mr. Law, to whora the foregoing Proceedings ofthe Legislature of Verraont, and sun dry other papers relating to the subject, had been referred, reported to Congress, as follows. " That Congress, on the 20th of August last, by the votesof nine states, resolved as follows : on a reconsideration ofthe resolution respecting the people inhabiting the New-Harapshire grants, it was altered and agreed to as follows : " It being the fixed purpose of Congress to adhere to the guarantee t» the States of New-Harapshke and New- York, contained in the resolutions of the seventh instant : Resolved, That it be an indipensable preliminary to the recognition ctf the independence ofthe people inhabiting the territory, called Vermont, and their adraission into the foederal union, that they explicitly relinquish all demands of lands or jurisdiction on the east side ofthe west bank of Connecticut river, and on the west side of a line begiiraing at the north west corner ofthe state ofMassachusetts, thence running twenty railes east of Hudson's river, so far as the said river runs northeasterly in its general course ; then by the west bounds of the townships granted by the late governraent of New-Hampshfre, to the river running from South Bay to Lake Charaplain, thence along said river to Lake Champlaiiij _ * Thij copy has been ftdiotl among the papers of Jonas Fay, one of the Agents tber* in name,d. ' ° INTO THE UNION^ 17 i Shence along the waters of Lake Charaplain to latitude forty-five degrees north, excepting a neck of land between Missiskoy-Bay and the waters of Lake Charaplain ;" which resolution was reconsidered and confirraed on the succeeding day, to wit, the 21st ofthe sarae month : That, in the opinion of your committee, the competency of Congress to enter into the above resolutions, was f^ill and complete, — ^the concurrent resolutions ofthe Senate and Assembly ofthe State of New- York, ofthe fifteenth and nineteenth of Noveraber last, containing a protest against the authority of Congress in the raatter, notwithstanding ; these concurrent resolutions, in letter and in spirit, being, undeniably, incompatible with a legislative act of the said state of a preceding day, to wit, the twenty-first »f October, 1779, wherein there is an absolute referenceof the dispute between that state and the people of Verraont, respecting jurisdiction, to the final arbitraraent and decision of Congress : and frora which alone would result to Congress all the necessary authority herein : That on the day of the people residing in the district, called Vermont, in considering the said acts of Congress of the 20th and 21st of August, did reject the propositions therein made to them, as preliminary to an acknowledgment of their sovereignty and in dependence, and admission into the federal union, as appears by their proceedings on the files of Congress : but that, on a subsequent day, the aforementioned resolutions ofthe 20th and 21st of August, 'being unalter- . ed and unrepealed, and the proposition therein contained, in the opinion of your committee, still open to be acceded to, the said people did, in their general assembly, on the twenty-second of February iast, enter into the following resolution : " That the west bank of Connecticut river, and a fine beginning at the northwest corner ofthe commonwealth of Massachusets, frora thence northward twenty railes east of Hudson's river, as specified in the resolu tions of Congress in August last, shall be considered as the east and west boundaries of this state. And that this Asserably do, hereby, relinquish all claims ancLdemands to, and right of jurisdiction in and over, any and every district of territory -without said boundary lines :" That, in the sense of your committee, the people of the said district, by the last recited act, have fully coraplied with the stipulation, raade and required of thera, in the resolutions of the 20th and 21st of August, as preliminary to a recognition of their sovprignty and independence, and adraission into the federal union of the states, and that the conditional promise and engageraent of Congress, of such recognition and adraission, is thereby become absolute, and necessary to be performed ; your com mittee therefore submit the following resolution : Thatthe district or territory, called Verraont, as defined and limited in the resolutions of Congress of the 20th and 21st of August, 1781, be and it is hereby recognized and acknowledged by the name ofthe State of Verraont, as free, sovereign and independent ; and that a coramihee be appointed to treat and confer with the agents and delegates frora said statcjj upon the terms and mode ofthe admission ofthe said state, into the foed eral union." 172 PROCEEDINGS RELATIVE TO ADMISSION On the reading ofthe foregoing report, a raotion was made, " thatlfte first Tuesday in October next, be assigned for its consideration ;" which was lost. Amotion was then made "that the third Tuesday of June next, be assigned for its consideration," — which was also lost. It was then moved " that Monday next ^ assigned for the consideration ofthe report," — which was decided in the negative. Thus Congress, in effect, decided that they would not consider the subject at all ; and thus ter minated, at once, all reliance on the faith of Congress, and all hopes of a speedy admission into the unioa. Disappointed at this result, the Agents of Vermont iraraediately left Philadelphia, having previously addressed the following letter to the President of Congress. Philadelphia, April 19th, 1782. SIR, The situation in which Congress has been plejised to leave the business ofour raission, as agents and delegates frora the state of Verraont, renders our attendance, at present, unnecessary. As the representatives of an independent and virtuous people, we jes- teera it our duty to inform Congress that, in consequence of their faith, pledged to us, in and by a resolution of the 20th of August last, and by official advice from sundry gentleraen of the first character in Araerica, the Legislature of Vermont have been prevailed upon to coraply, in the most ample manner, with the resolution aforesaid. On the Slst ult. we, officially, acquainted Congress with the said com pliance, together with the powers vested in us, in full confidence that, from the integrity and wisdom of tiiat honorable body, no obstacle could prevent our confederation and union with them. We are disappointed by the unexpected delay of Congress, in ex ecuting, on their part, the intent and spirit ofthe resolve above cited. We would not wish to urge the attention of the grand Council of Araer ica from raatters of more consequence than merely the happiness of a state : but the critical situation 'Verraont is reduced to, by casting off a considerable part of her strength, in being exposed, as a forlorn hope, to the main force of the enemy in Canada, and destitute ofthe aid ofthe United States, in whose cause, at an early period, she freely fought and suffered, will, we presume, sufficientiy apologize for being thus urgent, that unnecessary delay may not deprive us ofthe benefits ofthe confed eration. We purpose to leave this city to-raorrow Mforning, and expect to be officially acquainted when our attendance will be necessary ; and have the honor to be. Sir, your raoSt obedient and hurable servants. JONAS FAY, MOSES ROBINSON, ISAAC TICHENOR, His ExceUency the President of Congress. -» iNTO THE UNION. 173 ^e here interrupt, for a moment, the chain of events, directly con nected with the efforts of Vermont to obtain admission into the union, for the purpose of presenting, in the order of tirae, the two following acts ofthe Legislature of New- York. " An act for pardoning certain offen(fes coraraitted in the northeastern part of this state. Passed the 14th April, 1782. Whereas, divers inhabitantsj residing in the northeastern part of this ¦state, who have, heretofore, denied the sovereignty and jurisdiction ofthe people of this state, in and over that part of this state, and, by their un warrantable combinations, created commotions, to the great disturbance of the peace and tranquility of this state, have, by their hurable petition to the Legislature, represented that they were seduced and raisled, by artful and designing men, frora their duty and allegiance to this state ; and have, moreover, professed a sincere repentance of their criraes and raisderaeanors, and iraplored the cleraency of government, and humbly entreated the passing of an act of inderanity, oblivion and pardon : and this Legislature being disposed to extend raercy : Be it therefore enacted by the people ofthe state of New- York, repre sented in senate and asserably, and it is hereby enacted, by the authority ofthe sarae. That all such ofthe inhabitants of this state, who dwell and reside northof the north boirads of the state of Massachusetts continued to Hudson's river^ east of Hudson's river, south of the latitude forty-five degrees north, and west of Connecticut river, are hereby acquitted, par doned, released and discharged frora all treasons, felonies and conspira cies, whatsoever, at any tirae heretofore done and coraraitted by them or any of thera, against the people of the state of New- York, as sovereign thereof, or against the government and authority derived frora, or estab lished hy, the said people ; all capital, corporal or pecuniary punishment, fines and forfeitures, judgraents and executions, to which they severally were liable, in consequence ofthe criraes and offences aforesaid, ase hereby remitted and discharged ; and all and evfery the said persons shall be, and hereby are, fully and wholly restored, in person and estate, to the same state and condition wherein they severally were, at any tirae before the said criraes and offences were coraraitted or perpetrated. And be it further enacted by the authority aforesaid. That no person or persons whatsoever, shall have the benefit ofthe said pardon, forthe purpose of pleading the sarae against any charge of treason or other of fence already found, or hereafter to be found, i against thera or any of them, for adhering to the King of Great-Britain', the enemy of this state, or for any raurder ; or that such pardon shall be a bar to a conviction, judgraent or execution for the said treason or other offence, last mention ed, or for raurder as aforesaid." "An act for quieting the minds of the inhabitants in the northeastern parts of this state. Passed the 14th April, 1782. Be it enacted by the people of the state of New- York, represented in senate and assembly, audit is hereby enacted by the authority ofthe same. That all charters, patents or grants, for lands within this state, lying within the following bounds, to wit ; Beginning at a certain point 174 PROCEEDINGS RELATIVE TO ADMISSION in the west bank of Connecticut river, where the boundary line betweeB the states of Massachusetts and New-Hampshire, if continued across the said river, would intersect the said west bank, and running frora the said point, along the west bank of Connecticut river to the latitude of forty five degrees north, thence westerly, in tbe said latitude, to the west side of Missisqua Bay, in Lake Charaplain, thence Westerly, in the said lati tude, to the east bank of the waters ofthe said lake, thence southerly, along the east bank of the said lake and the waters tHfereof, to the raost southerly point where any of the grants, heretofore issued or raade, by the late government of the late colony of New-Hampshire, come to the aaid lake, thence along the south and west bounds ofthe said grants, or as the said grants are now held or possessed under such grants, so far south, as to meet with a line continued frora the first mentioned boundary be tween the states ofMassachusetts and New-Hampshire, through the said place or point of beginning, thence Ceisteriy, by the said continued line as aforesaid, to the said place or point of beginning, — raade or issued by the governraent of the late colony, now state of New-Harapshire, and which were made or issued, prior to apy charter, patent or grant for the same lands, heretofore made or issued by the governraent of the late colony, now state of New-York, or by the governraent of any other colony, shall be, and hereby are, ratified and confirraed to the respective grantees, their heirs and assigns forever ; and every such prior charter, patent or grant, is hereby declared to be as legal and valid, to all intents, constructions and purposes whatsoever, as if the sarae had been raade or issued trader the great seal ofthe said late colony of New- York, or had been raade or issued under the gre'at seal of this state, and as such, raay be given, and shsdl be allowed, in evidence, in every court of record within this state ; and no such charter, patent or grant, hereby ratified and confirmed as aforesaid, shall be deemed void, or in any wise injured, by reason ofthe non-performance of any condition or provision therein contained, or hy reason of the non-payment of any quit-rent therein reserved ; any law, usage or custom to the contrary thereof, notwithstanding ; provided al ways, that any person or persons who, heretofore, held or clairaed lands under grants from the late colony of New-Hampshire, who have, after wards, obtained grants for the sarae lands, either to theraselves orto others, in trust for thera, under the late colony of New- York, operating as a confirraation 'thereof, — in such case or cases, such person or persons, or their assignees, shall be deeraed forever hereafter, to hold the said lands by the latter title. And whereas, raany of the inhabitants residing within the district of country above described, did, in or about the year one thousand seven hundred and seventy-seven, declare theraselves an independent people, and did assurae a government under the name, style or title of the govern ment of the state of Verraont, or of the state of Verraont ; and the said as suraed goveniment hath made grants of lands within the said territory : Be it further enacted by the authority aforesaid. That all charters, patents or grants of lands, so raade or issued, before the passing of this act, and which were made or issued prior to any charter, patent or grant for the sarae lands, heretofore made or issued, by the governraent of the Into the union. 175 late colony of New-York, shall be, and hereby are, ratified and confirraed to the respective grantees, their heirs and assigns forever ; and such charters, patents or grants, are hereby declared to be as legal and valid, to all intents, constructions and purposes whatsoever, as if the same had been raade or issued by the governraent of this state ; and as such, may be given, Emd shall be allowed, in evidence, in any court of record within this state ; and no such charter, patent or grant, so ratified and confirm ed, as last aforesaid, shall be deeraed void, or in any wise injured, by reason ofthe non-perforraance of any condition or proviso therein con tained, or by reason of the non-payraent ofany quit-rent therein reserved; any law, usage or custom, to the contrary notwithstanding. And he it fiirther enacted by the authority aforesaid, That all persons now actually occupying, possessing and improving, lands within the said district of country, or who did, at any time, before the passing of this act, actually occupy, possess and improve lands therein, not heretofore grant ed by any late colony, shall be, and they, and their legal representatives, respectively, are hereby confirmed in such their respective possessions and iraproveraents, and shall have, and receive, patents therefor, from the government of this state, without paying for such patent any fee or re ward, the expence of surveying such lands excepted; provided, that no such patent as last aforesaid, shall issue, for more than the quantity of five hundred acres of land ; and where such occupant, possessor or improver, or legal representatives, shall not have possessed the'said quantity of five hundred acres of land, he or she shall, respectively, be allowed and granted such additional quantity of land, out ofany vacant, unappropria ted lands,' lying contiguous to such possession, as shall be equal to tiie de ficiency. And whereas, it is the intention of the Legislature, that such parts of this act as relate to quieting or confirraing titles and possessions, within the district of country, as aforesaid, shall not take effect, and that the in habitants residing within the said district of country, should not have the benefits thereby intended, unless they should agree to renounce the said assuraed government, and return to their allegiance to the governraent of tbis state : Be it, therefore, further enacted by the authority aforesaid, That, upon application of coraraissioners or agents, authorised and appointed by the inhabitants residing in the said district of country, or by the inhabitants of any town or towns, or district or districts therein, to the person adrainis- tring the governraent of this state, for the tirae being, touching or concern ing the ratifymg, confirraing and quieting any titles to, or possessions of, lands within the district aforesaid, in cases not provided for by this act, and of and concerning the mode, raanner, terras and conditions, agreeable to, and on which, the inhabitants within the district of country aforesaid, shall agree to renounce the said assuraed government, and acknowledge allegiance to the governraent of this state, it shall and raay be lawful for the person adrainistring the governraent of this state, for the tirae being, by and with the advice and consent of the council of appointment, to ap point and commissionate, under the great seal of this state, three cora raissioners to meet, confer and agree with such commissioners or agent«, 176 PROCEEDINGS RELATIVE TO ADMISSION authorised and appointed by the said inhabitants of the said district of country, or by the inhabitants of any town or towns, or district or districts therein, on all and singular the raatters and things above raentioned ; and all corapacts, agreeraents and acts, entered into, made or done by the said coraraissioners to be appointed on behalf of this state, or any two of thera, of or concerning the preraises, shall be finally conclusive and bind ing on the governraent of this state : provided nevertheless, that nothing in this act contained, shall be construed to authorise the said coraraission ers to agree to cede or relinquish thejurisdiction of this state over the dis trict of country aforesaid, or any part thereof, to any people, asserablies of people, or person or persons whatsoever, or to consent or agree that any part ofthe CMistitution of this state, shall be altered or changed. And be it further enacted by the authority aforesaid. That nothing in this act contained, shall be deeraed, construed or taken, to restore any person or persons, or his or their heirs, to his or their estate within the said district of country, who now stand attainted by the governraent of tlus state, for adlierence to the king of Great-Britain, or whose estate or estates have, or shall, becorae confiscate for such adherence, by virtue of any law of this state." Notwithstanding the unsettled and embarrassing state of her external relations, the internal tranquility of Verraont had, for some »time, re mained undisturbed. Her political institutions had been gradually ma turing, and had assuraed thfe tone of a regularly organized government ; which, though its constitution and administration were materially defec tive, commanded the subraission and respect of the great body of the citizens. New-York'abstaraed frora any direct interference with the in ternal governraent of the state, contenting herself with a general claim of jurisdiction, and an opposition to the adraission of Verraont into the union. There were sorae, however, who yielded a reluctant subrais sion to the governraent of Verraont, and who, as we shedl soon see, were ready to erabrace any favorable occasion to renounce their allegiance to the state. Exposed to invasion frora the enemy in Canada, and left unprotected by the withdrawing of the continental troops frora the northern frrontier, the government of Verraont found it necessary to order a di-aft of railitia, for the purpose of defence. This draft was resisted by sundry disaffect ed persons in the southeastern part of the State, who were encouraged in their opposition, by the Governor of New- York. To several of these persons, civil and railitary coraraissions were given by the governraent of that state, and an attempt was made to enforce its laws upon the citizens of Vermont. To the force raised to effect this treasonable purpose, it was found ne cessary to oppose the prompt and rigid execution of the law. Five ot INTO THE UNION. 177 the principal persons engaged in opposition to the authority of Vermont, were arraigned before the Suprerae Court, and sentenced to be punished by banishment and confiscation of their estates. They iraraediately for warded to Congress a reraonstrance, in which they claimed the interfe rence of that body, on the ground that their resolutions of the 24th of Septeraber, 1779, and 2d of June, 1780, had been violated ; inasmuch as the government of Verraont had " exercised authority over inhabi tants, holding theraselves to 1^ subjects of, and to owe allegiance to, the state of New-York." This reraonstrance appears to have been second ed by a letter flora the Governor of New- York, of the l6th of Septem ber, 1782. On the Sth of December following, the subject Came before Congress ; at which tirae the following resolution was adopted : " Whereas, it appears to Congress, by authentic docuraents, that the people inhabiting the district of country on the west side of Connecticut river, comraonly called the New-Harapshire Grants, and claiming to be an independent state, in conterapt of the authonty of Congress, and in direct violation of their resolutions of the 24th of Septeraber, 1779, and of the 2d of June, 1780, did, in the month of September last, proceed to exercise jurisdiction over the persons and properties of sundry inhabi tants of the said district, professing theraselves to be subjects of, and to owe allegiance to the state of New- York, by means whereof divers of thera have been conderaned to banishment, not to return on pain of death and confiscation of estate, and -others have been fined in large sums and otherwise deprived of property ; therefore. Resolved, That the said acts and proceedings of the said people, be ing highly derogatory to the authority of the United States, and danger ous to the confederacy, require the iraraediate and decided interposition of Congress, for the protection and relief of such' as have suffered by thera, and for preserving peace in the said district, until a decision dlall be had of the controversy, relative to the jurisdiction of the sarae : That the people inhabiting the said district, clairaing to be indepen dent, be, and they are hereby required, without delay, to raake full and araple restitution to Tiraothy Church, Tiraothy Phelps, Henry Evans, Williara Shattuck, and such others as have been conderaned to banislv- ment and confiscation of estate, or have otherwise been deprived of pro. perty, since the first day of Septeraber last, for the daraages they have sustained by the acts and proceedings aforesaid ; and that they be not raolested in their persons or properties, on their return to their habitations in the said district : That the United States will take effectual raeasures to enforce a com pliance with the aforesaid resolutions, in case the sarae shall be disobeyed by the people of the said district : That no persons holding coraraissions under the state of New- York, or under the people of the said district clairaing to be independent, ex ercise ?any authority over the persons and properties of any inhabitants Y 178 PROCEEDINGS RELATIVE TO ADMISSION in the said district, contrary to the foreraentioned resolutions of the 24th of Septeraber, 1779, and the 2d of June, 1780 : That a copy of the foregoing resolutions be transpiitted to Thoraas Chittenden, Esq. of Bennington, in the district aforesaid, to be coramu nicated to the people thereof." By this extraordinary resolution, Congress evinced a determination to persist in the fatal error which produced the resolutions of the 24th of September, 1779, and 2d of June, 1780, — that of assuming the prerog ative of legislating upon the rights of Vermont, and even controlling her internal police, without her consent. Those who have become acquamted with the statesmen of that peri od, by an attentive perusal of the documents we have recorded, will be prepared for the following reraonstrance which this act of Congress drew frora his Excellency Governor Chittenden. Its force of reasoning, and severity of rehuke, could hardly have been exceeded. Bennington, January 9, 1783. To his Excellency the President of Congress : SIR, YourExcellency's letter ofthe llth ult. inclosing an Act of Congress of the 5th of December last, I have duly received, and have this day laid the sarae before the Council of this State, who agree iri the opinion, that the interference of Congress to controul the internal police and gov ernment of this State, is a matter too serious, and extensive in its nature, to be determined, without consulting the Legislative Authority of the State, whose adjourned session is to be attended on the second Thurs day of February next ; at which tirae, I shall lay the sarae before them, and, as soon as raay be, coraraunicate to your Excellency their deterrai nations on the preraises. And, in the mean time, beg leave to lay before Congress tlie following reraonstrance against their said Act, which is founded pai-tly on a mutual agreeraent between Congress on the one part, and the State of Vermont on the other, that the latter should have been taken into the foederal union of the United States, previous to the date of the passing of the said Act ; and partly on the impropriety of the claira of Congress to interfere in the internal governraent of this State. And, 1st. Congress is rerainded of their soleran engageraents to this State, in their public acts of the 7th and 21st* of August, 1781, which were officially transmitted to the Legislature of this State, and are in the words following : [Here follow the resolutions of Congress of August 7th and 20thj 1781, as inserted above, pages 157, 159.] * It seems from the proceedings of Congress on the I7th of Apiil, that the reiolntion ot the '20th of iugiist. 1781, was i-ecnn«idered and amended on the '21st. This Yact ac- t-ounts for its being referred to in different docum-nts, under each of those dates The printed j-oumnl of Congress of the 21st, however, contain's no notice of its reconsidera ¦ lioD or amendment. ,f INTO THE UNION, 179 Confiding in the faith and honor of Congress in the foregoing reso lutions, and, in consequence of advice received in a letter from his Ex cellency General Washington, dated the 1st of January, 1782, which was publicly read and on which great confidence was placed, in which he says, " It is not ray business, neither do I think it necpssary, now to discuss the origin of the right of a number of inhabitants to that tract of country, formerly distinguished by the narae of the New-Harapshire Grants, and now known by that of Verraont. I will take it for granted, that their right was good, because Congress, by their resolve of the 7th of August iraplies it, and by that of the 21st are willing fully to confirra it, provided the new State is confined to certain described bounds. It appears, therefore, to rae, that the dispute of boundary is the only one that exists, srad that, that heing reraoved, all further difficulties would be removed also, and the matter terminated to the satisfaction of all parties." His Excellency the General further observes ; " You have nothing to do, but withdraw yom- jurisdiction to the confines of your old limits, and obtain an acknowledgement of indeipendence and sovereignty, under the resolve of the 21st of August, for so rauch territory as does not inter fere with the ancient established bounds of New- York, New-Harapshire, and Meissachusetts. I persuade rayself, you will see and acquiesce in the reason, the justice, and, indeed, necessity of such a decision." The Legislature of this State were induced to coraply with the indis pensable preliminary required of them, in the last recited act of Con gress, as appears by the following, which is an extract of their proceed ings. ^ [His excellency here recites the resolution of'the Legislature of Ver mont, of the 23d of February, 1782, by which the eastern and western unions were dissolved, and the proceedings of Congress, thereon, of the 17th of April following; for which the reader is referred to pages 169, 170, 171, and 172, of this collection.] By the last mentioned motions, and the raanner in which Congress left the matter, the Agents and Delegates, in behalf of this State, officially delivered to his Excellency, then President of Congress, a letter, of which the following is a copy. [For this letter, see page 172.] In consequence of this procrastination of Congress, the Agents of Verraont returned, and reported the aforesaid proceeclings to the Legisla ture of this State. And in October last, the said Legislature again ap pointed Agents, with full powers and instructions, for the purpose of meeting Congress upon terras and articles of an adraission of this State into the foederal union, not conceiving that Congress would h^-ye de parted from their agreement before recited ; but supposing their hitherto declining to execute it, might have been owing to a stretch of policy in comprehensible to this government. This being the confident disposition of the inhabitantsof this Sta^ 180 PROCEEDINGS RELATIVE TO ADMISSION towards Congress ; and a recognition of their independence and sove reignty, and admission into the foederal union, being thus secured by the promise and engagement of the United States, they could not, in this situation, be otherwise than alarmed, on receiving an act of Congress in the following words : [For this act of Congi-ess, see page 177-] Frora the before recited resolutions of Congress, the journals of the Legislature of this State, and the after transactions between the United States in Congress assembled, and the Agents or Delegates frora this State, the following inferences are .deduced, to wit; the last mentioned resolutions of Congress of the Sth of December, 1782, are altogether predicated on other resolutions of theirs, of the 24th of Septeraber, 1779, and 2d of June, 1780, which prescribed to this State, in part, a desisting from the exercise of civil governraent ; in which intermediate space of time, between the passing of the said resolutions of the 24th of Septem ber, l779, and 2d of June, 1780, and those of the Sth of December, 1782, a confederation or foederal union between the United States, repre sented in Congress, and the Legislature of this State, had been rautually agreed upon between thera; which agreement absolutely nullifies the force and validity of those resolutions of Congress of the 24th of Sep tember, 1779, and 2d of June, 1780, on the supposition, that they were originally binding on this governraent (which is by no means admitted.) And inasmuch as the said last resolutions of Congress of the Sth of De cember, 1782, are essentially founded on those antecedent resolutions of theirfij of 1779, and 1780, which were disannulled by the same authority that resolved thera, in consequence of a subsequent mutual agreement of a foederal union between the United States and this State, as aforesaid, and necessarily invalidates the last resolutions of Congress of the Sth of December, 1782 ; for they cannot be of any more validity than those other resolutions of 1779, and 1780, on which they were predicated; for, the before recited preliminary agreement, proposed on the part of Congress, of a foederal imion of the United States with this, and in the fullest and raost explicit raanner, acceded to, on the part of this State, is soraething or nothing. If it araounts to any thing, it supercedes and invalidates all aptecedent and subsequent resolutions of Congress, re specting this State, and renders thera nugatory, and is still binding on the part of Congress ; but if such soleran agreements are nothing, all faith, trust or confidence in the transactions of public bodies, is at an end. So certain as the plighted faith of Congress, in their said stipulated agree ment with this Stale, was originally binding on them, the obligation still remains the same, which, of necessary consequence, invalidates all other resolutions of Congress respecting this State, until it is ratified by an ad mittance of this State into the confederation of the United States, on their part. I have argued thus far, on Congress' own principles ; and proceed, next, to the second part of the argument, predicated on the im propriety of the pretensions of Congress to controul the internal police of this State, Congress will not (it is presumed) pretend to unlimited INTO THB UNION. 181 power, or to any other than what has been delegated to thera from the United States ; nor will they pretend, that their articles of confederation will warrant them in interfering with, or controuling, the internal police ofthe United States ; whence, then, did they obtain a rightful prerogative over the internal police of this State, from which they have never received any delegated power ? This State, (on revolution principles) has as good a right to independence as Congress, and has an equal right, (or rather no right,) to pass resolutions prescrihing measures to Congress, as Con gress has to prescribe to .this State, to receive their banished, and raake restitution to thera and other criininals, of the property, which, by a le gal process, has been taken frora them, for their enormities heretofore committed against the laws and authority of this State. Formerly, it has been argued by Congress, and that justly, " That if Great Britain had a right to tax the" (then) " American Colonists, as they plesised, without representation, the Colonists could not call any part of their cash their own, since it might be taxed fnora thera without their consent." The same arguraent will apply against the right of Congress to controul the civil authority of this State ; for, if they may, in one instance, do it, they may in another, and so on, till they suppress die whole. But should they endeavor to frustrate the independence of this State, which has as good a right to it as themselves, it would be a manifest departure frora their original design of liberty. Congress opposed the arWtrary, as sumed prerogative of the British government, to make laws to bind the (then) colonists, or to controul their internal police, and have brought about a revolution, in which the people of this State have signalized theraselves. How inconsistent then, is it in Congress, to assurae the sarae arbitrary stretch of prerogative over Verraont, for which they waged war against Great Britain ? Is the liberty and natural rights of mankind a raere bub ble, and the sport of state politicians } What avails it to Araerica to es tablish one arbitrary power on the ruins of another ? Congress set up as patriots . for liberty ; they did well, — but pray extend the liberty, for which they are contending, to others. The inhabitants of the territory of Verraont have lived in a state of independence frora their first settle ment, to this day. Their first raode of governraent and manageraent of their internal police, wjis very sirailar to that of the United States, in their first separation frora the British governraent. They were governed by Coramittees of Safety, and Conventions ; which last was their high est judicature for the security of their just rights agarast the oppressions of the (then) province of New- York, (the principal officers of the Green Mountain Boys being then judges in the said Territory) and which, on the ISth day of January, 1777, declared theraselves to be a free and in dependent State, and have, frora their first settleraent of the country, raaintained their independence, and protected their lives and properties, against all invaders, and date their freedom from the royal adjudication of the boundary line between New- York and New-Hampshire, the 20th July, 176-4; and are now in the eighteenth year of their independence, and cannot submit' to be resolved out of it, by the undue influence, which the State of New- York (their old adversary) has in Congress. This is 182 PROCHiEDINGS RELATIVE TO ADMISSION too much, — heaven forbid it ! The feelings of the citizens of Vermont, over which I have the honor to preside (I am persuaded) will never give in to it ; — they are free, and in possession of it, and will reraain indepen dent of New- York, notwithstanding their artifice or power. This State have no controversy with the United States, complexly considered, and is, at all times, ready and able to vindicate their just rights and liberties, against any usurpations of the State of New- York. To return to the transactions of Congress, particularly their resolves of the Sth of Deceraber, 1782. " Resolved, That the said acts and pro ceedings of the said people," — (which was tliat of their courts of jus tice punishing delinquents, in due form of law," " being highly deroga tory to the authority of the United States, and dangerous to the confede racy, require the iraraediate and decided interposition of Congress, for the protection and relief of such as have suffered by thera, and for pre serving peace in the said district, until a decision shall be had of the con- ti-oversy, relative to the jurisdiction of the sarae." That the exercise of civil law in this State is derogatory to the authority of the United States, considered as such, or that it should be thought dangerous to the confed eracy, is paradoxical ; or that the interposition of Congress in this raat ter, would be a means of restoring peace in this State, is equally so. Law, peace and order was established in this district, previous to the late resolves of Congress ; what discord they may occasion, tirae must de termine. It is a general opinion, that a ratification of the said stipulated agreement would have had a raore salutary tendency to peace, than the late resolutions. And as to the decision of the jurisdiction of the terri tory of this State, Congress, in their resolutions of the 7th and 21st of August, 1781, did determine the limits, which they would guarantee to the States of New-Hampshire and New- York, by virtue of the articles of confederation of the United States ; which is as follows ; — " By the Uni ted States in Congress assembled, August 21, 1781. It being the fixed purpose of Congress to adhere to the guarantee of the States of J>Jew- Harapshire and New-York, contained in their resolutions of tiie 7th in stant," to wit, that " they will consider all the lands belonging to New- Harapshire and New-York, respectively, without the limits of Verraont aforesaid, as coming within the mutual guarantee of territory contained in the articles of confederation, and that the United States will, accord ingly, guarantee such lands, and the jurisdiction over tbe same, against any claims or encroachraents from the inhabitantsof Vermont aforesaid." Thus far the resolutions of the 7th of August, referred to in the reso lutions of the 21st; the latter of which proceeds to point out the particu lar boundaries of the guarantee to the States aforesaid, to wit ; To • the State of New-Hampshire all the lands " on the east side of the west banks of Connecticut river ;" and to the State of New-York all the lands " on the west side of a Une beginning at the northwest corner of the State of Massachusetts, thence by a line, twenty miles east of Hud. son's river, so far as said river runs northerly in its general course, thence by the west bounds of the townships granted by the late government of New-Hampshire, to the river running from South Bay to" Lake Cham plain, thence along the said river to Lake Champlain, thence along the INTO THE UNION, ' 183 waters of Lake Champlain to latitude 45 north, excepting a neck of land between Missisco Bay and the waters of Lake Champlain." That Con gress has explicitiy pointed out, and deterrained the boundaries of the gusffantee of the lands and jurisdiction of the States of New-Harapshire and New- York, as far as their respective clairas interfere with this State, was the opinion ofthe Conimittee of the whole Legislature of this State, as raay be seen frora their journals, viz : " Resolved, That in the sense of this Committee, Congress, by their resolutions of August last, in guaranteeing to the States of New- York and New-Hampshire, respec tively, all the territory without certain liraits therein expressed, have eventually deterrained the boundaries of this State." To this liraitation of Vermont, its Legislature concurred, as the before quoted journals raay evince. The boundaries of the States of New- York and New-Hampshire, as far as they interfere with the State of Ver raont, having been already, thus adjudicated by Congress, what propriety is there then, in the resolutions of the Sth of December, 1782, in which they break over their own adjudicated bounds of August, 1781 ; requir ing this State " without delay to raake full and ample restitution to Tim othy Church, Timothy Phelps, Henry Evans, William Shattuck, and auch others as have been conderaned to banishment and confiscation of estate, or have, otherwise, been deprived of property, since the first day of Septeraber last, and that they be not raolested in their persons or proper ties, on their return to their habitations in the said district," Congress has been so mutable in their resolutions respecting Vermont, that it is im possible to know on what ground to find thera, or what they design next. At one tirae, they guarantee to the States of New- York and New-Hamp shire their lands and jurisdiction, to certain described liraits, leaving a place for the existence of this State. And the next that this governraent hears frora them, they are within those liraits, controuling the internal government of this State. Again, they prescribe preliminaries of con federation, and when complied with, on the part of this State, they un reasonably procrastinate the ratification thereof. — " That the United States -will take effectual meeisures to enforce a corapliance with the afore said resolution, in case the sarae shall be disobeyed by the people of the said district " In this case, it is probable that this State would appeal to the justice of his Excellency, General Washington, and, inasrauch as his Excellency, the General, and raost of the inhabitants of the contiguous States, are in favor of the independence of this State, as Uraited by Coii* gress, as aforesaid, I beg leave to suggest to thera, whether it is not raore prudent to refer the settleraent of this dispute to the States of New- York and Vermont, than to embroil the confederacy of the United States therewith. Although this State is not amenable to the tribunal of Congress for the (management of their internal police, I, nevertheless, will give them a brief narrative of facts, relative to those delinquents, in whose behalf Congress, in their resolutions of December last, have interposed. At the session of the General Assembly of this State, in February, 1781, they made a general act of aranesty, in favor of such persons, within this StatCj who had previously made opposition to its authority ; upon which 184 PROCEEDINGS RELATIVE TO ADMISSION they unaniraously submitted to this government, and all opposition to H ceased, for more than one year, when, the Legislature having ordered a certain quota of men, to be raised in the several towns throughout this . State, for the defence of its frontiers, evil minded persons in the town and vicinage of Guilford, in the southerly part of the county of Windham, opposed the raising and paying of thera, and Governor Clinton of the State of New York, by letters to thera and otherwise, interfered in their behalf, which caused a second insurrection in this State ; and though ev ery prudent and lenient measure was taken by governraent, to reclaira the offenders, they proved ineffectual. In the mean tirae. Governor Clinton gave coraraissions, civil and railitary, to sundry of those disaffected per sons, and they had the effrontery to atterapt to exercise the laws of the State of New- York, over the citizens of this State ; when a railitary force was, by the direction of this governraent, sent to assist the sheriff of Windham county, in the execution of the laws of this State ; and the procedure of the court, relative to the five criminals, who were banished, and to sundi-y others, who were Eiraerced in pecuniary fines, was in due form of law. The notorious Samuel Ely, who was ring-leader of the late seditions in the State of Massachusetts, a fugitive from justice, was one of the banished. He had left that State, and was beginning insur rections in this ; when he was detected, and carefully delivered to the sheriff of the county of Harapshire, in the State of Massachusetts, who, as I have been since inforraed, has secured hira in goal at Boston, to the great satisfaction and peace of that State. This sarae Sarauel Ely, Tiraothy Church, and Williara Shattuck, who were three of the banished, had previously taken the oath of allegiance to this State, and so had a greater part of those who were fined ; and every of the towns, in which they resided, had, for several sessions of Asserably, previous to their in surrection, heen represented in the Legislature of this State. So that, adnutting the resolutions of Congress of the 24th of Septeraber, 1779, and 2d of June, 1780, to be binding on the States of New-York and Vermont, which prescribed to them to exercise their respective jurisdic tions over such of the inhabitants of the controverted territory, whs should profess to owe allegiance to one or both of thera, and not to inter fere with each others . jurisdiction ; and as every of those inhabitants, previous to the late insurrection, had conformed to the governraent of this State, the jurisdiction of the State of New- York becarae extinct : and Congress having, in their said resolves, given their preraised right of ju risdiction to the States of New- York and Verraont ; and that of New- York having ended ag aforesaid, the whol^ right of jurisdiction reverted to the State of Verraont, so that Congress, by their said resolutions of 1779, and 1780, fairly put the aforesaid banished persons and others, un der the jurisdiction of this State, and are foreclosed from interfering with the jurisdiction of the same; and, consequently, could have no jurisdiction ofthose matters, which, in their resolutions of the Sth of De cember, 1782, they object to the civil authority of this State, and in which they so spiritedly interpose their prerogative, — for that the said delinquents were, every of thera, in just construction of law or reason, subjects of this State ; and, therefore, agreeable to the express tenor of INTO THE UNION. 185 those resolutions of Congress of 1779, and 1780, could not be amena ble to any other laws or regulations, but those of the State of Vermont. But, admitting that Congress has a judicial authority to controul the internal police of this State, it has an incontestible right to be heard in its defence, as a party, (in law) and should, on this thesis, have been cited by Congress to a hearing at their tribunal, previous to their having passed their resolutions ofthe Sth of Deceraber last, that this State might have had the privilege of vindicating their cause. But that Congress, at the special instance of *, (a notorious cheat and nuisance to raankind, as far as his acquaintance and dealings have been extended) should corae to a decision of so iraportant a matter, ex parte, is illegal, and contrary to the law of nature and nations. Sir, I beg leave to conclude this reraostrance, by earnestly soliciting a foederal union with the United States, agreeable to the before recited pre liminary agreement, which the coraraittee of Congress have reported, has " become absolute and necessary on their part, to be performed," and frora which this State will not recede. I have the honor, to be. Sir, With due respect. Your Excellency's obedient and Humble Servant, THOMAS CHITTENDEN. The General Assembly met, at Windsor, in February following; at which time, the Governor coraraunicated to that body the resolution of Congress of the Sth of Deceraber, 1782, and sundry papers connected with the subject of that resolution. The deliberations of the Assembly resulted in the following remonstrance. Windsor, February 26, 1783, To his ExceUency the President of Congress : SIR, We, the Legislature of Verraont, request your Excellency to corarau nicate to Congress the following deterrainations of the freeraen of this State, in answer to the requisition of Congress, of the Sth of Deceraber last. . We beg leave to observe that Congress, in and by their resolutions of the 7th and 21st of August, 1781, did virtually acknowledge the right, and engage to recognize tbe independence of this State, on corapliance with a certain prehminary condition, therein contained ; which prelimi nary condition has been, in the most full and ample manner, coraplied with by this State, as appears from the journals of this House, and the report of a coraraittee of Congress. In this" situation, con.scious of our right, and seeing such right virtually acknowledged by Congress, we had no apprehension of our becoming obnoxious, by an exercise of that right over those, who, by an oath of allegiance and otherwise, were the Uege * We have thonght proper lo omit the narae of the person here mentioned. 18(5 PROCEEDINGS RELATIVE TO ADMISSION % subjects of this State, and h&di in a flagrant raanner, violated its laws and disturbed the peace of government ; and however this Legislature may be disposed to extend mercy to delinquents, on proper appHcation-, yet, that mercy raust be free, and at our own election. All and every act of Congress, which interfere -with the internal gov ernment of this State, and tend to prevent a general exercise ofour laws, are unjustifiable in their nature, and repugnant to every idea of freedom. It presupposes this State dependent on Congress, not only for the enjoy ment of their independent right of jurisdiction, but for the right itself; whereas, the fact is, if we have any right to be an independent jurisdic tion, such right is, and raust be, derived frora association, and the civil compact of the people. We conceive the several States in the union do not owe to Congress their right of existing independent of their neigh bors ; but that each State was formed by the eissociation and civil com pact of its inhabitants. Through this medium they derive their separate rights to jurisdiction, and Congress the different powers they are vested with ; and have, of course, neither the power or right to make, or un make, States, within, or without, the union, or to controul their internal police, without a power delegated to thera for the purpose. Admitting the propriety of this reasoning, and the existence of a right in the peo ple in this State to an independent jurisdiction^ — which is explicitly avowed by the resolutions of Congress of the 21st of August, 1781 — is not the resolutions of the Sth of Deceraber an invasion of the rights of a fcee people ? The citizens of this State have ever entertained the highest opinion of the wisdom and integrity of Congress, and have manifested their confi dence in that body, hy a spirited exertion in prosecution of every mea sure against the common enemy, at the risque of life and fortune. We still are ready to comply with every reasonable requisition of Congress ; but when Congress require us to abrogate our laws, and reverse the sol emn decisions of our courts of justice, in favor of insurgents and distur bers of the public peace, we think ourselves justified to God and the world, when we say we cannot coraply with such their requisitions. The interests of the United States, which, with a view to confederertion, we have raade our own, forbid it. It wSuld be licensing factious subjects to oppose government, witli irapunity. -We should becorae the resort of in surgents and disturbers of government, and, consequently, every raeasure to raise men or mgney in support of the common cause, would be weak and contemptible. We are conscious of doing no act, in derogation to the dignity, or in contempt of the authority, of Congress, or to disturb the peace of the confederacy ; but solely, with a view to the security of our just rights, and the internal peace and tranquility of this State. As we have, frora the coraraencement of the war, braved every dan ger and hardship, agauist the usurpations of Britain, in coraraon with the United States ; as our inherent right of sovereignty and jurisdiction stands confessed, upon the principles of the revolution, and irapHed by the solemn transactions of Congress, we--cannot but express our surprize at the reception of the late resolutions of Congress of the Sth of Decern- INTO THE UNION. 187 her, obtained ex-parte, and at the special instance of an infamous persort, as the inclosed evidence, among other things, will evince. And as we have, repeatedly, solicited a confederation and union with the United States of America, so now, in the narae and in behalf of the freeraen of this State, we renew our request, and, in the most solemn raanner, call upon Congress to execute, on their part, the intent and spirit of their resolution of the 21st of August, 1 78 i . In behalf of the General Asserably of Vermont. THOMAS PORTER, Speaker. We have now arrived at a period which nearly closes the series of doc uraents, relating to the controversy with New-York, and the efforts of Verraont to obtain adraission into the union. It is a period, however, -when those who have not been farailiar with its history, raight look.for an iraraediate succession of important events. At no time, had measures been adopted, aiming a more fatal blow at the independence of Verraont, than those erabraced in the act of Congress of the Sth of December, 1782; and never had the people of Verraont felt a raore unshaken deterraina;- tion to raaintain that independence, or a raore decided and settled hostil ity toward those who airaed to destroy it. In this eventful state of things, the reader may be surprised to learn, that no measures were taken by Congress to give effect to its interference with the governraent of Ver mont; but that, on the contrary, the course of justice continued, unin terrupted, - the sentence which the ministers of the law had pronounced on offenders, remained unreversed, and the people of Vermont proceed ed in the quiet adrainistration of their governraent, unawed by the cora- bination of policy and power which threatened to crush theni. The state of public feeling which immediately succeeded this period, the causes which produced it, and the general course of events which fol lowed, until the final settleraent of the dispute with New- York, and the admission of Verraont into the union, are well described in the excellent , history of Vermont, by Dr. Williams. Frora this work, we take the liberty to make the following extract ; connecting with it a few original papers which fall within the period which it erabraces, and with which we close this part of the volume. " The effect produced by these acts of Congress, (says Dr. Williams,) was, in every respect, different, frora what that body seera to have expect ed. Instead of being awed into submission, the people and governraent of Verraont concluded they were produced by the influence of New- York ; and determined that they should never be executed. The eva sive, irresolute, contradictory acts of Congress, had nearly destroyed all the faith and confidence, which the people of Verraont had reposed in that body : and it was generally thought it would not be best to have any 188 PROCEEDINGS RELATIVE TO ADMISSION connexion with thera ; but only to keep up the custom and form of chooS* ing delegates, every year, to represent the state of Vermont. The war with Great Britain, had proved greatly distressing to every part of the United States ; but it had served to establish an union among the people of Araerica, which could not have been so firmly cemented, but by the prospect of comraon danger. This appearance was now corae to an end. On January the 20th, 1783, the prelirainary articles of peace were signed by the ministers of the king of Great Britain, and the Uni ted States of America. In this treaty, the former colonies were ac knowledged to be free, sovereign and independent states. By putting an end lo the war, this treaty put an end to the erabarrassmeiits of Congress, and to all the fears of the people of Vermont. An union with the con federation, was no longer a matter ot immediate and urgent necessity. The state had now, no external enemies to oppose, or any body of troops to be raised, or kept in pay. Weary of so long and distressing a war, all parties wished for the repose and tranquility of peace ; and were hearti ly desirous of dropping all occasions of controversy and debate. The business of Congi-ess however, became more and more embarrassing. Their currency had failed, their revenues were exhausted, their arraies were dissatisfied and unpaid, the debts they had contracted were unfund ed, the pubUc creditors were every where full of complaints against their proceedings, and they had no resources to answer the demands that were perpetually made upon them. Few of the states paid much regard to their resolutions, and it was now fully evident that their powers were in adequate to the public business of the United States, and that the articles of union and confederation were essentially defective. Without power to relieve theraselves, under these embarrassments, the Congress was daily sinking into a state of insignificance and conterapt ; and the public affairs of the union were constantly becoraing raore and more embarass- ed with weakness, disorder, tlie want of wisdora, credit and power. In such a state of things, an admission into the confederacy of the states, ceased to be an object of any iraportance, or even desire. Ver mont was happy in being free from the load of debt, which lay upon the United States ; and was not perplexed by the constant calls of Congress, to raise the necessary suras of raoney. The legislature had acquired wisdom and experience in governing the people, from the difficulties in which they had been engaged. It had not been in their power to con tract very large debts, nor was it necessary or practicable to impose heavy taxes upon the people. The state had a large qu-antity of valuable lands to dispose of; and purchasers and settlers were constantly coraing in, frora all the New England states. Thus, by one of those sudden transi tions which are coraraon to human affairs, from the most distressed and perplexed state, the condition and prospect of the people of Vermont, becarae, at once, raore easy and flattering than those of their neighbors. Encouraged by the mildness of the governraent, the smallness of the taxes, the fertility and cheapness of the lands, large additions were an nually raade to their numbers and property, by the accession of inhabi tants from other states. There was nothing therefore, in the public af fairs of the United States, or in those of Vermont, that could lead the INTO THE UNION. 189 inhabitants any longer to wish for an admission into the confederation. The body of the people felt that they were in a better situation, than the people in the neighboring states ; and it was the general incHnation and desire, not to be connected with the union, if it could be decently avoided. In this situation things remained, until several of the leading raen in the United States, becarae alarraed with the operation and tendency of public affairs. Statesmen of ability and infoi-mation saw that the powers invested in Congress, were, in effect, only the powers of a diplomatic body ; and wholly inadequate to the purposes of federal governraent : and that the liberties, the safety, and the union of America, could not be preserved, unless an adequate and efficient governraent could be estab lished in the United States Virginia had the honor to lead in the first avowed opposition to the British king and parliaraent : and she was the first that attempted to call a convention of the states, to forra a new fede ral constitution. The measure was crowned with that success, which might be expected from the deliberate consultations of a free and uncor- rupted people, aiming to secure the public safety. A new federal con stitution was adopted by the people of America : and a new Congress, furnished with competent powers, met in the city of New- York, March 3d, 1789. Like the other citizens of America, the people of Vermont were anx ious to know what would be' the policy and proceedings of the federal government. Their interest had not been much promoted by the raeas ures of the Congress, with whom they had forraerly transacted business. But there was now a general expectation araong the people, that sorae thing \\ iser and better, was to take place : but they had learned frora ex perience, that there was no other way to judge, with certainty, of the excellency of any constitution, or government, but by the good which it did to the people. In the course of one or two sessions, they found the federal governraent had been laboring to restore the public credit, to do justice to the public creditors, to provide for the payment ofthe pub lic debt, and to establish a systera of equal law and justice, in every part of the federal governraent. Measures, thus marked with wisdora and justice, served to abate the fears that many had entertained, and to con ciliate the minds of the people to federal sentiraents : and the prospect seemed favorable, that every part of the Araeriean states might be brought to act with union and vigor, in support of the federal systera. But the ancient difficulty with New- York, was not yet reraoved. That state had, indeed, given up all prospect, and probably all desire, of sub duing Verraont by force, or by policy ; and well knew that Verraont was, and would reraain, a free and independent state. But large tracts of land had been granted by the governors to individuals. These tracts of land, by raeans of the increasing settleraents and prosperity of Verraont, were becorae greatly valuable. The governraent of Verraont had uniforraly refused to acknowledge the validity of these grants, or submit to any of the legislative acts of New-York, and had made new grants of all those tracts of land;' and was unalterably fixed, in refusing to admit the legality of any legislative act of New- York, which related to the territory of 190 PROCEEDINGS RELATIVE TO ADMISSION Vermont. The grantees under New- York, were constantly complaining of the injuries that were done to thera, in not being perraitted to tate possession of their property ; . and of the injustice that would, be estab lished, if the government of New- York should suffer their lands to be thus taken from thera, without an equivalent. Much pains had been ta ken to compromise the difficulty, but without coraing to any general agreement : and the government of New- York did not conceive any very strong obligation lay upon them, to refund that to individuals, which the state had no hand in granting ; but which was simply an act of the crown of Great Britain, executed by the will of the royal governor ; gen erally for his personal profit, always for the benefit of his particular friends, but never for any emoluraent to the government or people. A course of events at length occurred, which rendered the views of New-York, more favorable towards Vermont. Disputes relative to the perraanent seat of tbe federal government, ran high in Congress. After repeated trials, the decision sometimes fell in favor of remaining at New- York, and sometimes in favor of removing to Philadelphia ; and it was finally carried in favor of Philadelphia, by a very sraall raajority. Ken tucky, it was foreseen, would soon be adraitted into the federal union : and Virginia, to whose territory it belonged, with great dignity and honor, instead of opposing, was airaing to proraote that event. The represen tation frora the eastern states, was dirainished of its just proportion, by the exclusion of Vermont ; and this had already proved to the disadvan tage of New- York. If their old controversy could be settied, it was ap parent that the interests and influence of these states, would, in almost every instance, coincide. The public sentiraent called loudly, for the sarae measure. To what purpose, it was said, is Verraont kept out of the union ? Is it not in the full and coraplete possession of independence ; and as well regulated and governed as the other states .? And shall the federal union throughout the whole territory, be obstructed, and rendered incomplete, by the ancient and endless controversy, between New- York and Verraont .i" New- York wished, with the rest of America, to have the federal union completed : and without calling to view the forraer occasions of conten tion, passed Em act, July IS, 1789, appointing commissioners with full powers to acknowledge the independence of Verraont, and to settle all matters of controversy with the state. On October the 23d, 1789, the legislature of Verraont appointed commissioners on their part, to treat witb those of New- York, with powers to adjust, and finally deter mine every thing which obstructed the union of Verraont with the Unir ted States. The coramissioners from both states, were themselves very desirous to have Vermont brought into the federal union. The only point of difficulty and debate, related to a compensation for the lands claimed by the citizens of New-York, which had been regranted by the government of Verraont. After two or three meetings of the corarais sioners, the raatter was brought to an equitable and amicable agreement. October the 7th, 1 790, " the coraraissioners for New-York^ by virtue of the powers to them granted for that purpose, declared tbe consent of the legislature of New- York, that thestate of Vermont be admitted into INTO THE UNION. 19 1 the union of the Uuited States of America ; and that, iraraediately upon such admission, all clairas of jurisdiction ofthe state of New York, with in the state of Verraont, shall cease ; and thenceforth, the perpetual boundary line between the state of New- York, and the state of Vermont shall be" as was then holden and possessed by Vermont ; that is, the west lines of the raost western towns which had been granted by New-Hamp shire, and the middle channel of Lake Champlain. With regard to the lands which had been granted by New-York, " the said coramissioners, by virtue of the powers to them granted, declare the will of the legisla ture of New York, that if the legislature of the state of Verraont should, on or before the first day of January, \ 792, declare that, on or before the first day of June, 1 794, the said state of Vermont would pay the state of New-York, the sura of thirty thousand dollars, that, iraraediately from such declaration by the legislature of the state of Vermont, all rights and titles to lands within the state of Verraont, under grants frora the govern ment of the colony of New-York, or frora the state of New- York, should cease ;" those excepted, which had been raade in confirmation of the grants of New-Hampshire. This proposal and declaration being laid before the legislature of Ver mont, they very readily agreed to the plan, which had been concerted by the coramissioners frora both states; and on October, 28, 1790, passed an act directing the treaurer of the state, to pay the sura of thirty thou sand dollars to the state of New- York, at the tirae proposed ; adopting the western line as the perpetual boundary between the two states ; and declaring all the grants, charters and patents of land, lying within the state of Verraont, made by, or under, the late colony of New York, to be null and void; those only excepted, which had been made in confir mation of the grants frora New-Harapshire. In this amicable manner, was terminated a controversy, which had been carried on, with great animosity, for twenty-six years. Both sides were weary of the contest, and happily for thera, the general state of A- merica led to raoderation, equity and wisdom : and this seeras to have been the only period, in which the raatter could have been adjusted to the satisfaction of all parties. The difficulties with New- York, being thus removed, the asserably of Verraont proceeded to call a convention of the people, to take into con sideration the expediency of joining the federal union. The convention met at Bennington, January 6, 1791. The raerabers were not all agreed in the expediency of being connected with the thirteen states : and it WEis doubted whether a raajority of the people, were for the measure. Several merabers of the convention wished to defer the consideration of the question, to a raore distant period. It was urged, on the other hand, that the safety, the interest, and the honor of Vermont, would be esset}- tially promoted by joining the union of the other states ; and that this was the precise tirae, when it raight be done without difficulty or opposi tion. A large majority of the raerabers were convinced that the matter could not be put off any longer; and after a debate of three days, the question was carried in the aflBrmative, by a majority of one hundred and 192 PROCEEDINGS RELATIVE TO ADMISSION five to two. This being the only business for which the convention had been called, it was dissolved, Jannary 1 1th. The general assembly of Verraont raet at Bennington, January the 10th. On the 18th, they raade choice ofthe Honorable Nathaniel Chip- man, and Lewis R. Morris, Esquire, as their coramissioners to attend Congress, and negociate the admission of the state into the union of the confederated states of America. The coraraissioners repaired to Phila delphia, and laid before the President of the United States, the acts of the convention and legislature of Verraont ; and on February 1 Sth, 1791., the adraission of Verraont, was corapleted, by an act of Congress, with out any debate, or one dissenting vote. By this event, all the controversies respecting Verraont, were brought to a conclusion.- She was to take her seat in Congress, March 4, ^79' ; and the federal union was corapleted, in every part of the United States of Araerica."* The following are the Acts of the Legislature of Verraont, of tbe 23d of October, 1789, and 28th of October, 1790 — the Act ofthe Convention^ approving and ratifying the. Constitution of the United States, and the Act of Congress admitting Verraont into the union — referred to in the foregoing extract frora Dr. Williams. An Act appointing Coraraissioners for the purposes therein mentioned. Whereas, it is of consequence that the line between the state of Ver mont and the state of New- York be ascertained and established, and that certain obstacles to the admission of the state of Vermont into union with the United States, should be reraoved — which purpose to effect. It is hereby enacted by the General Assembly ofthe state of Vermont, That Isaac Tichenor, Stephen R. Bradley, Nathaniel Chipman, Elijah Paine, Ira Allen, Stephen Jacob, and Israel Sraith, Esquires, be, and hereby are, appointed Coraraissioners in behalf of this state, with full powers, to thera, or any four or raore of thera, to treat with Coramission ers that now are, or hereafter may be, appointed by the state of New-York, and who shall be fully authorized and empowered by the said state of New- York, to ascertain, agree to, ratify and confirm, a jurisdictional or boiradai-y line between the state of New- York and the state of Vermont; and to adjust, and finally deterraine, all and every raatter or thing which) in any wise, obstructs a union of this state with the United States. It is hereby further enacted by the authority aforesaid. That every act or agreeraent ofthe said Commissioners, or either four or raore of them, raade and entered into, and with, certain Coramissioners, that now are, or hereafter raay be, appointed by the state of New- York, in the execution ofthe powers aforesaid, shall be as effectual, to every purpose, as if the sarae had been an iraraediate act ofthe Legislature. Provided always, That nothing in this act shall be construed to give the said Coraraissioners power to lessen or abridge the present jurisdiction oftliisstate, or, in any wise, oblige the inhabitants of die same or any other person or persons, clairaing title to lands heretofore granted by this ' ¦" Williams' History, 'Vol. II. p. 251-61, INTO THE UNION. 193 atiite or the late province of New- Hampshire, to relinquish their claims under the jurisdiction thereof, or, in any wise, subject the state of Ver mont to raake any corapensation to different persons claiming under grants made by the late province, and now state, of New- York, of lands situate and being in the state of Verraont and withm the jurisdiction of the same.— [Passed October 23, -789.] An Act directing the payment of thu-ty thousand dollars to the state of ¦New- York, and declaring what shall be the boundary line between the state of Verraont and state of New- York ; and declaring certain grants therein raentioned, extinguished. Whereas Robert Yates, John Lansing, junr. Gulian Verplank, Simeon De Witt, Egbert Benson and Melancton Smith, Esquires, Coraraissioners, appointed by an Act ofthe Legislature ofthe state of New- York, entitled, " An Act appointing Coramissioners with power to declare the consent ofthe Legislature ofthe state of New- York, that a certain territory withiii thejurisdiction thereof, should be forraed into a new state," passed the sixth day of March, A. D. 1790 — did, by their certain act,' on the seventh day of October instant, at New- York, by virtue ofthe powers to them granted for the purpose, among other things, declare the consent ofthe Legislature ofthe state of New- York, that the state of Vermont be ad raitted into the union of the United States of Araerica, and that, irarae diately frora such admission, all claim of jurisdiction ofthe state of New- York, within the state of Vermont, should cease, and, thenceforth, the perpetual boundary line between the state of New- York and the state of Verraont should be as follows, viz : beginning at the north-west corner ef the state ofMassachusetts, thence west-ward, along the south boundary of Pownall, to the south-west corner thereof, thence northerly, along the western boundaries of the townships of Pownall, Bennington, Shaftsbury, Arlington, Sandgate, Rupert, Pawlet, Wells and Poultney, as the said townships are now held or possessed, to the river, coramonly called Poultney river, thence down the sarae, through the raiddle ofthe deepest channel thereof, to East Bay, thence through the raiddle ofthe deepest channel of East Bay and the waters thereof, to where the sarae corarau- Hicates with Lake Champlain, thence through the raiddle ofthe deepest channel of Lake Champlain, to the eastward of the islands, called the Four Brothers, and the westward ofthe islands, called Grand Isle and Long Isle, or the Two Heroes, and to the west-ward ofthe Isle La Mott, to the forty-fifth degree of north latitude ; — and the said Coraraissioners, by virtue ofthe powers to thera granted, did declare the will of the Legis lature of the state of New- York, that, if the Legislature ofthe state of Verraont should, on oi- before the first day of January, 1 792, declare that, on or before the first day of June, 1794, the said state of Verraont would pay to the state of New- York the sura of thirty thousand dollars, that, immediately from such declaration by the Legislature ofthe state of Ver mont, all rights and tities to lands within the state of Verraont, under grants from the government of the late colony of New- York or frora. the state of New-York (except as is therein exeepted) should cease; where^ &ie, A% 194 PROCEEDINGS RELATIVE TO ADMISSION It is hereby enacted and declared by the General Assembly ofthe state of Vermont, That the state of Verraont shall, on or before the first dayof June, (794, pay the state of New- York thirty thousand dollars. And the treasurer of this state, for and in behalf of this state, and for the purposes raentioned in the Act of the Coraraissioners aforesaid, shall pay to the state of New- York the sura of thirty thousand dollars, on or before- the first day of June, !794, — And It is liereby further enacted, That the said line, described in the said Act of the said Commissioners, shall, henceforth, be the perpetual bound ary line between the state of Vermont and the state of New-York : and all grants, charters or patents of land, lying within the state of Vermont, made by or under the governraent ofthe late colony of New- York — except such grants, charters or patents, as were raade in confirraation of grants, charters or patents, raade by, or under, the governraent of the late pro vince or colony of New-Hampshire — are hereby declared null and void; and incapable of being given in evidence, in any court of law within this state.— [Passed October 2?, i790.] STATE OF VERMONT. , In Convention of the Delegates of the people ofthe State of Vermont. W7jereas, by an Act of the Coraraissioners ofthe state of New- York, done at New- York, the seventh day of October, in the fifteenth year of the Independence of the United States of Araerica, one thousand seven hundred and ninety, every irapediment, as well on the part of the state of New- York, as on the part ofthe state of Vermont, to the adraission ofthe state of Verraont into the union ofthe United States of Araerica, is re moved. — In full faith and assurance that the sarae will stand approved and ratified by Congress : — This Convention, having irapartially deliberated upon the Constitution of the United States of Araerica, as now established, subraitted to us by an Act of the general assembly ofthe state of Vermont, passed October the twenty seventh one thousand seven hundred and ninety, do, in virtue ofthe power and authority to us given, for that purpose, fully and entirely approve of, assent to, and ratify the said Constitution ; and decleire that, immediately frora, and after, this state shall be admitted by the Congress into the union, and to a full participation ofthe benefit of the governraent -now enjoyed by the states in the union, the sarae shall be binding on us and the people ofthe state of Verraont forever. Done at Bennington, in the county of Bennington, tbe tenth day of January, in the fifteenth year of the Independence of the United States of Araerica, one thousand seven hundred and ninety one. In testimony whereof we have hereunto subscribed our names. Thomas Chittenden, President, MosES Robinson, Vice President, Timothy Brownson, Stephen R. Bradley, Abel Waters, John Fassett, Janna Churchill, Jaraes Shafter, John Strong, Ebenezer Willson, Edward Aiken, Jonathan Hunt, John White, Simeon Stevens, Gideon Olin, Daniel Shearman, Abel Thompson, INTO THE UNION. 195 Joshua Wood, Nathaniel Chipraan, Thoraas Hammond, Benjamin Holcomb, Peter Priggs, John M'Neil, Oliver Gallup, Lemuel Chipraan, Sarauel Miller, Israel Sraith, Benjamin Greene, • Andrew Selden, John Marsh, Gardiner Chandler, Timothy Todd, Calvin Knoulton, Timothy Bliss, Wm. C. Harrington, Josiah Edson, Noah Lee, Isaac Lyman, Daniel Jewett, John Forgason, Reuben Thoraas, Thoraas Jewett, Asaph Fletcher, Elijah Lovell, John Rich, John Barron, Amos Brownson, David Hopkinson, Daniel Kingsbury, Sarauel Harrison, Michael Flynn, Cornelius Lynde, John N. Bennett. Jonathan Brewster Jonathan M'Connell, Benjarain Henry, Samuel Lathrop, Ohver Pier, Nathaniel Stoughton, Martin Powell, Nathan Daniels, Jason Duncan, Elias Curtis, Sarauel Beach, Benjarain Eraraons, Alexander Brush, Daniel Gilbert, Ira Allen, Timethy Castie, Eleazar Claghorn, Silas Tupper, David Palraer, Williara Perry, Joseph Warner, Asahel Sraith, Siraeon Smith, John Shumway, Sil2is Hathaway, Thomas Porter, John Sraith, Elisha Barber, Williara Ward, Joseph Beeman, lieraan Durkee, Emanuel Case, Peter Pennock, Martin Chittenden, Josiah Pond, William Slade, John Spafford, Peter Sleeraan, Jonas Whitney, Nathaniel Niles, Alexander Harvey, Williara Charaberlain, Daniel Buck, Daniel Farrand, - Abrahara Morrill, Beriah Loorais, Asahel Jackson, Jonathan Arnold, Sarauel Gott, Ebenezer Allen, Enos Wood, Sarauel Hitchcock. State op Vermont, ss. — Bennington, January 10, 1791. The foregoing ratification was agreed to, and signed by one hundred and five, and dissented to, by four ; which is a raajority of one hundred and one. THOS. CHITTENDEN, President. Attest, Ros. Hopkins, Sec'y of Convention.* An Act for the adraission of the State of Verraont into this Union. The State of Verraont having petitioned the Congress to be adraitted a meraber of the United States, Be it enacted by the Senate and House of Representatives of the United States of America, in Congress Assmnbled, and it is hereby en- • Copy of the origiunl act, on file in the Sfcretai-y of Slate's office. 19& PROCEEDINGS RELATIVE TO ADMISSION acted and declared. That on the fourth day of March, one thousand seven hundred and ninety-one, the said State, by the name and style of " the State of Verraont," shall be received and admitted into this Union, as a new and entire member of the United States of Araerica. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, and President of the Senate, Approved, February the 18th, 1791. GEORGE WASHINGTON, President of the United States,, JOURNAL OP THE COUNCIL. OF SAFETY. Having corapleted the series of docuraents, exhibiting a vie-W of the external relations of Verraont, during its long and eventful struggle for independence, we turn to exaraine the structure of its governraent, and the early history of its legislation. For this purpose, we shall now pre. sent — the Journal of tlie Council of Safety — the first Constitution of the State — the Journal of the Legislature, during the first year of its existence -and the Laws, passed during the seven succeeding years. For an account of the origin of the Council of Safety, we refer our readers to the introduction to this work. We regret that we have been able to find no part of their journal, of a date anterior to the 15th of August, 1777. The raost unreraitted efforts to obtain it, have proved wholly unavailing ; and the result renders it probable that it is irrecove rably lost. Enough, however, has been preserved, to exeraplifjr the ex traordinary powers exercised by that body ; and thus enable us to gratify the public with the greatest political curiosity which the history of Ver. mont can furnish. The part which has been preserved, coraraences oij 'the day preceding tbe Bennington battle ; and is as follqws. STATE OF VERMONT. Bennington— In Council of Safety, August 15, 1777. Sir — You are hereby desired to forward to this place, by express, all the lead you can possibly collect in your vicinity; as it is expected, every minute, an action will commence between our troops and the enemies', within four or five miles of this place, and the lead will be positively wanted. • By order of Council, PAUL SPOONER, D. Sec'y. The Chairman of the Committee of Safety, Williamstown. The sarae request sent to the Chairman of the Coraraitte, Lanesboro, the sarae date - sent by Jedediah Reed, Paulett. Madara — Please to send by the bearer, Jedediah Reed, 6 or 7 lbs. of lead^ by Col. Simonds' order. By order of Council, PAUL SPOONER, D. Sec'y. Mrs. SimendSr 198 JOURNAL OF THE A warrant was given to Doct. J. Rhuback, to irapress a horse to ride to General Starks' head quarters, in this town— drawn in the usual' forra. To Lieut. Peter Roberts, one of the Coraraissioners of sequestration. Sir — You are hereby directed to forward the cattle under your care, being one hundred and eleven head, to New Providence ; then and there to advertise said cattle, and expose thera to sale at public vendue, and keep fair accounts of said cattle, natural and artificial marks, and age, with their particular prices — and make returns of the money, with all your proceedings, to this Council, as soon as may be. PAUL SPOONER, D. Sec'y. State op Vermont — In Council of Safety, Aug. l6, 1777. To Col. John Williams — Sir, You will proceed with your party toward the lines, and if the enemy should retreat, you will repair to the road leading from St Cork to Hoosack, and if you raake any discovery, report to this Council ; — at the same tirae, you are to pay proper attention to the road leading from Hoosack to Pownal. By order of Council, PAUL SPOONER, D. Sec'y. In Council of Safety, Bennington, August 20, 1777. Sir — You are required to raise seventy-five able bodied, effective men of your regiraent of railitia, exclusive of the coraraon quota of commis sioned officers for such nuraber; which number you will cause to be con tinued in the field, under the commanding officer of tht eastern militia, until the first day of December next, unless sooner discharged by such commanding officer. Should you find it more convenient for part or all such troops to be relieved before that tirae, you will do it, observing al ways, to keep the full nuraber in the field. Those who engage, are to do it only on the principle of being under the regulation of the Conti nental array, during the time they serve, although under the command of the above officer. By order of Council, THOMAS CHITTENDEN, President. Bennington, August 23, 1777v David Brackenridge is permitted to remain at his father's house, uor. der the care of the guard at that place, until further orders. In Council of Safety, Bennington, A'ugust 23, 1777- To , , , , and- 7 / 1 ^ , Notwithstanding your ungratefulness to your country ; and notwith standing you have, by your conduct, forfeited the confidence of your countrymen, yet, nevertheless, on the application of CajJt. Abram Un- * f-or obvious reasons, we have thought proper to refrain from exposing the names of those who were stigmatiztd by tbe CouBcil. COUNCIL OF SAFETY. 199 derhill, in your behalf, this Council are induced, out of huraanity, to ac cept jwu again into friendship, on your voluntary surrender, and taking the oath of fidelity to the United States of Araerica, forthwith, and dis pensing with the loss you have already sustained, to atone for past folly. By order of Council, THOMAS CHITTENDEN, Presirfeni. In Council of Safety, Bennington, August 25, 1777. To Capt. John Fassett — Sir, You are requested to take a potash kittle, for the Hessian troops to cook in. Give your receipt for the sarae, and bring the same to the meeting-house in this place. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, Bennington, August 26, 1777. To Adjutant Elisha Clait, You are hereby required to raake return of the names and nuraber of the officers, non-commissioned officers and soldiers, belonging to Col. Sarauel Herrick's Regiment of Rangers, already raised within this State, for the defence thereof, to Ebenezer Walbridge, at Arlington, at 10 o' clock of the morning of the 28th inst ; as he is appointed and author ised to muster, and return the several musters of the whole, in order to their being severally entered and entitled to their pay, agreeably to their se-veral ranks. And you are further ordered to take particular accounts of the several companies and naraes of the several soldiers of that corps, who raay hereafter join, at every opportunity. Of this you are not to fail. By order of Council, THOMAS CHITTENDEN, President. Attest, IRA ALLEN, Sec'y.^ In Council of Sa^y, Bennington, August 27, 1777. Whereas, this Council have received a letter frora Capt. Burroughs, at Arlington, acquainting us that our scouts had taken all the stock of every kind, frora Auger Hawley's wife, of Rupert, and she had raade ap plication to him for a cow, as her children was in a suffering condition — These are, therefore, to require you to let her have one cow, for the tirae being, out of the first cows you take from any disaffected person. By order of Council, IRA ALLEN, Sec'y. Lt. Martin Powel, Commissioner of Sequestration. In Council of Safety, Bennington, Aug. 27, 1777. These are to require all persons in this State, that have taken any ef fects from, or belonging to, any person in the State of New- York, in these late disturbances,, to deliver up such effects to Mr. John Abbott and Capt. Nathan Sraith, as they are appointed by Major Younglove, one of the commissioners of sequestration, for swd State, to take care of such 200 jto'URNAL OP THB effects, in behalf of said State,— their proving their property td) ^ch ef fects. Provided such effects were not taken in the field of battle. By order of Council, IRA ALLEN, SetPy. To whom it may concern. In Council of Safety, Bemtington, Aug. 27, 1777- To , Sir — You are hereby required to take four horses, belonging to Johft Munro, Esq. supposed to be at Mr. Brackemidge's, and thera safely keep and convey thera to this Council, as soon as raay be. By order of Council, IRA ALLEN, Sec'y. ¦ The gentleraen In whose custody the horses are, is requested to deliveV them to the bearer. In Council, August 27, 1777- To Lieutenant Silas Watson, You w;ill please to send all the evidence you have against Jonathan Card and Peleg Card, as we propose to bring them on trial, on the 29th instant. We shall depend on bearing from you, by said day. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, August 27, 1777- To Capt. Joseph Farnsworth, Coraraissary, Bennington. Sir — If 3'ou please to give Lieut. Benjamin Chamberlain, and three men with hira, three days provisions, as they are bold volunteers, this Council will settle with you for the sarae. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, Aug. 27, 1777. Permit Mrs. Munro to keep her cattie, sheep, swine, and other effects; until orders is given from this Council, for her to deliver thera up. By order of Council, THOMAS CHITTENDEN, Pres. N. B. To Mrs. Munro — By sending to Bennington, to-morrow, you can have one cf your riding hores to use, until we send for him. Per order, THOMAS CHITTENDEN, Pres. In Council of Safety, Aug. 27, 1777- To Mr. Harris, You are hereby directed to employ some raen to harvest Mr. Brack- enridge's wheat, and put the sarae into his barn. You also pay the ex pense out of the wheat, and what is not wanted, for the use of the fam ily, you will keep, until further. orders from this Council. By order Gjf Council, ' IBA ALLEN, Sec'y, COUNCIL OP SAFETY.. -20J In Council of Safety, Aug. 28, 1777. To Mr. David Fassett— Sir, You will proceed to Mr. Jaraes Brackgnridge's, and raake strict exara- inationof his iraproveraents, or lands adjoining; and if you find any stock or other effects, which you have reason to suspect, belongs to any eneraical persons within this State, you will seize the same, and cause it to be brought to this Council, as soon, as may be. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, August 29, 1777. To Mr. tiavid Fassett— Sir, You are to proceed to the house of Mr. — — ,* of Shaftsbury, and seize all his lands and effects, of whatsoever narae or nature, and bring all his writings, together with all his movable effects, to this Coun- til, excepting two cows and such other effects as are wanted for the sup port of said 's family, whicb you are to leave with the woman, ta king a proper account of thera. By order of Council, IRA ALLEN, Sec'y. In Councilof Safety, Aug. 29, 1777- To Mr. Jesse Burke, Westminster — Sir, You will bring Capt. * of Putney, now in your care, to this Council, as soon as may be. By order of Council, THOMAS CHITTENDEN, President. In Council of Safety, Aug. 29, 1777. To the Committee of Safety, in Windsor, and the adjacent Towns, in this State — Gentleman, All such persons as you shall have sufficient evidence exhibited against, on trial, as to prove them so far enemies to the liberties of America, as to be dangerous persons to go at large, you will send to Westminster goal, and put them in close confineraent. If you send any prisoners to said goal, you will send a proper guard ; provided it should happen ber fore any prisoners or guards should be sent frora this. By order of Council, , THOMAS CHITTENDEN, President, In Council of Safety, Aug. 29, 1777. To Mr. Benjarain Fassett — Sir, You are hereby directed to proceed to Pownal, and bring frora sorae ofthe Tories that are gone to the enemy, or otherwise proved themselves to be enemies to their country, a load of sauce, for the use of the wound' ed prisoners here ; and raake returns to this Council of what you bring, and from whora. You will leave sufficient for their farailies. Per order, THOMAS CHITTENDEN, Preeirfewfc * See uote, pr.ge 198. B2 SO'2 JOURNAL OP THE In Council of Safety, Aug. 29, 1777. Whereas, his honor. Major General B. Lincoln, has requested this Council to raise a part of the militia of this State, to serve in Continen tal service, agreeable to the Resolution ofthe Hon. Continental Congress of the United States ; — in obedience to which, this Council have hereto fore resolved, that three hundred and twenty-five raen of the militia of this State, should be raised for the defence of this, and the United States of Araerica : — and whereas^ the price of all kinds of provisions and Qlothing, are raised to exorbitant prices — Resolved, therefore, that fifty shillings per rapnth be paid to each per son that shall serve agreeable to the aforesaid Resolutions, in addition to their Continental pay. By order Of Council, IRA ALLEN, Sec'y. In Council of Safety, Aug. 29, 1777. To the Hon. Major General Lincoln — Sir, The following contains a list of the Tories of this State, and the sev eral crimes wilh which they stand charged, viz : — * ¦ and , by their own confession, are found guilty of assisting the eneray in disarming the inhabitants of Sandgate, within this State. , , 1 — -, , , and , acknowledge they voluntarily joined the enemy, and were taken in action, the l6th inst. , was taken in action the l6th instant, and, by his own con fession, fired his piece three times, on General Stark's brigade. , voluntarily applied to Mr. Skeene, took his protection,- - procured a quantity of ammunition— promised a nuraber of cattle, car riages, &c. - Taken by Col. Warner, on his return, endeavoring to carry his projects into execution. and confess they were conversant with the ene ray, — have taken protection, and voluntarily assisted them with teams, provisions, &c. found to be in the aforesaid action, and supposed to be ia arras. -. The evidence against hira enclosed^ The above are the whole which the Council have in custody, except some few who have been brought so.late, the evidence have not, as yetf arrived. I ara. Dear General, Your raost obedient, humble servant, THOMAS CHITTENDEN, PreUdent. In Council of Safety, Aug. 30, 1777- ' * and are perraitted the liberty of this town, until further orders frora this Council. By order of Council, IRA ALLEN, Sec'y. *¦ See note, page 1 98-. COUNCIL OP SAFETY. 203 — — — *, of Munro Patent, and ., of little White Creek, are perraitted to return to their several habitations, until further orders, they behaving as becoraeth. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, 2d September, Xi'77- To Lieut. Ebenezer Hyde Sir, You are hereby required to exaraine the goods deposited in the cart^ now in the care of Seth Kealer, and report the several articles particu larly, which are not wearing apparell ; for which this shall be your suf ficient warrant. You will make returns, as soon as may be. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, 3d September, 1777. Capt. Elijah More of Putney, and Capt. Leonard Spaiddin, are apr. pointed Coraraissioners of Sequestration, &c. * is perraitted to return home, and reraain on his father's horae farm, (and if found off, to expect thirty-nine lashes of the beach seal,) until further orders from this Council. Thoraas Green is perraitted to return horae, on the recoraraendation ,«f Major Younglove, until further orders. In Council, 3d Sept. 1777. To Thaddeus Harris, of Bennington-— Sir, You are directed to deliver all the cattle in your care, or in Mr. Breck- enridge's enclosures, that you know, or have reason to believe, belongs to the State of New- York, to Major Younglove ; as he is one of the Coramissioners of Sequestration for said State. By order of Council, IRA ALLEN, Sec?y. In Council of Safety, 3d Sept. 1777- Then personally appeared David Sraith, and acjinowledged hiraself bound in a recognizance of one hundred pounds, to the Secretary of the Council of tiie State of Verraont, that Capt. Michael Lantraan shall ap pear before the General Coraraittee of Albany, within six days, to an swer any coraplaint that raay be exhibited against him. In Council of Safety, 4tli Sept. 1777, To the officer coramanding the guards at Capt. Dewey's barn - Sir, . You are hereby authorised to remove all the prisoners to tjhe school- house, and see that there is a proper guard over them, except those thai * .See note, page 198. 204 JOURNAL OF THE are wounded. If there is sufficient room for thera in the raeeting-house, you are to put them there, in lieu of the school-house. By order of Council, IRA ALLEN, SecPy. Capt. Joseph Ingleyhas a permit to take a bay mare, taken from Capt. Haj:d's son, and use, during the pleasure of Council. Rj order of Council, IRA ALLEN, Sec'y. In Council, 4th Sept. 1777- To all whora it raay concern. You are hereby required to deliver unto Capt. Sunderland, the bearer, such arras and other accoutrements, as you have taken from the field of battle, in Hubbarton ; and, on the receipt of your accounts, you will be reasonably paid for your trouble. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, 4th Sept. 1 777- This Council having heard the evidences against * — heard his evidence, and considered the case, with all the attending cir cumstances, do judge and order that the said Bostwick pay a fine for the use of this State, of three pounds, and stand coraraitted until this judg ment be complied with. By order of Council, THOMAS CHITTENDEN, President. Thomas Bull has given his word, for the above sum, to be forthwitii paid. In Council, 4th Sept. 1777. This Council, having before them *, who stands charged with being an enemy to the United States of America, having beard the witnesses, and considered them, with all the attending circurastances, do judge that the said is an enemy to the said States, and a dangerous person to go at large ; — therefore order that he be committed to close confinement, until released, by order of this Council. By order of Council, THOMAS CHITTENDEN, President. In Council of Safety, 4th Sept. 1777. Resolved, that Gen. Jacob Bailey, Doct. Jonas Fay, and Capt. Ira Allen, be a coraraittee to wait on the Hon. Major General Lincoln, to assure him that every aid and assistance in the power of this Council, will be granted him, on the earliest notice.- By order of Council,. IRA ALLEN, Sec'y- * See Bote, page 19.8. COUNCIL OF SAFETY. 205 Jonathan Sraith is permitted to pass to Litchfield, in Connecticut, and return in fifteen days.* In Councilof Safety, Bennington, Sept. 5, 1777. To whora it raay concern. Perrait + to pass the guards frora this to Manchester, and remain on his farra, during his good behavior, or the pleasure of this Council. Per order, THOMAS CHITTENDEN, President. Let hira talie his oxen and cart. In Councilof Safety, 6th Sept. 1777- To Mr. David Fassett- Sir, Agreeable to General Lincoln's request to this Council, you are direct ed to engage five tearas, to carry flour to Manchester, this day. By order of Council, IRA ALLEN, Sec'y. In Council of Safety, Sept. 6, 1777- To Capt. Williara Fitch— Sir, You are hereby- directed to deliver to Capt. Goodnough, the bearer, two sides of leather, out of Marsh's fatts, and out of his leather, taking his receipt for the sarae, after appraised. By order of Council, IRA ALLEN, Sec'y. Resolved, that Mr. Joseph Fay be, and he is hereby, appointed Secre tary to this Council. Attest, IRA ALLEN, Sec'y. Bennington, Sept. 6, 1777- This raay certify, to all whora it may concern, that Brigadier General Stark has, this day, raade a present of one Hessian broad sword, to the Hon. Council of the State of Verraont, in order to be kept in said Coun cil Charaber, as a raeraorial, in coraraeraoration of the glorious action fought at Walloorasack, August l6, 1777 ; in which case, the exertions of the said Council, was found to be exceeding servica,ble. By the donor's order, JOHN CASEY, A. D. Camp. In Council, 6th Sept. 1777, To the General Coraraittee at Albany. The following contains a list of persons, belonging to the State of I^ew-York, confined, on suspicion of being eneraies to the United States ** We find incorporated in this journal, a great number of licenses similar to this ; which we have omitted, to avoid incumbering the work with unnecessary repetitions. f See note, page 198. 206 JOURNAL OF THE of America, viz ; — , , z , and .-* The above are the whole which the Council have in custody. I ara, Gentleraen, Your raost obedient, hurable servant, THOMAS CHITTENDEN, President. To the Hon. Major Gener^ Gates. The following contains a list of the tories belonging to this State, and the several crimes with which they stand charged, viz : — * has joined a tory scout, under arras, and assisted thera in taking, and keeping, a prboner ; and, by his own confession, given hard money to several young men, to induce, and enable, thera to join said scout, and go to the British troops. went voluntarily, under arras, to the eneray's camp, and was taken on the l6th day of August, in the raeraorable battle fought near tills place. The reason of his being sent in irons is — he has once broke from the guards, and got some miles, before retaken. This committee wish those persons to be sent on board the guard ships in the north river, or otherwise deal.t with, as your honor, in your great wisdora, shall think proper. I am. Dear General, Your raost obedient, hurable servant, THOMAS CHITTENDEN, Presirfewj;. — ; * being arraigned for eneraical conduct towards the United States of Araerica ; this Council having heard the evidence against the said , and his arguments, and having duly deliberated on the sarae, do judge and order, that the said pay a fine for the use of this State, of twenty pounds, and stand coraraitted until judgraent is coraplied with. •ept. 11. Judgraent is coraplied with, and he has taken the oath of allegiance, and is acquitted. In Council of Safety, 6th Sept. 1777- * is proved an eneray to the United States of Araerica, by words and actions, and is judged a dangerous person to go at large. —^ has taken protection under General Burgoyne, and been very officious in assisting hira ;- by his own confession, beer* to the regu lars, and drove cattle. , , , and , proved to have been aiding and assisting the British troops, and are dangerous persons to go at large. This Council having heard the witnesses, with all the attending circum stances, of the several persons above named, do judge and order, that said persons be coraraitted to close confineraent, fn the common jail at Westminster, until released by proper authority. By order of Council, THOMAS CHITTENDEN, Pres * Sec note, page IS3. COUNCIL OF SAFETY. 207 In Councilof Safety, 6th Sept. 1777. The Council's corapliraents raost cordially wait on his honor Brigadier General Stark, with their sincere thanks for the honor the General has been pleased to do thera, by presenting thera with a Hessian broad sioord, taken by a nuraber of troops frora the State of New Hampshire, and elsewhere, under his iraraediate coraraand, in the raeraorable battle fought in Walloorasack, near this place, on the l6th of August last ; and also for the honor the General has been pleased to do thera, in applauding their exertions in a public weal, as a Council. JOSEPH FAY, Sec'y. Brig. Gen. Stark. In Council of Safety, Sept. 8, 1777. Whereas, coraplaint has been made to this Council, against you, for disposing of cattle and horses belonging to this State, you are therefore hereby sumraoned to appear before this Council, to answer the coraplaint, immediately. Per order, . THOMAS CHITTENDEN, Pres. To Wra. Searls, Jun. of Arlington. To Capt. Jonathan Fassett, You are hereby authorised to procure, or irapress, ten teams, iraraedi ately, for the use of forwarding provisions to the array. By order of Council, THOMAS CHITTENDEN, President. In Council, Sept. 8, 1777- To Capt. Ebenezer Allen - Sir, This day received yours of the 6th instant, dated at Manchester, re questing this Council to furnish you with shoes. We have taken the same into consideration, and do hereby recoraraend to you to take some leather out of Marsh's tan-yard, at Shaftsbury, and raake moccasons, to answer the present purpose, until shoes can be procured. You are to make application to Capt. Fitch, or the person who has the care of the yard. The leather is to be appraised, and returns made to this boai-d. By order of Council, THOS. CHITTENDEN, President. The followingjs a copy of a complaint received frora Lt; Isaac Clark. Benningtot^Sept. 8, 1777. To the Council of Safety, I, the subscriber, coraplain of ——,* ot Castleton, for going to the rainisterial army, and serving, as a conductor of teams, in the king's service, as doth appear by his writings. ISAAC CLARK, Lt. * See note, page 193, 208 JOWRNAL OF THE In Councilof Safety, Sept. 8, 1777- To the officer of the mam guard. You are hereby required to take the body of ,* and him safely keep in the guard-house, until further orders from this Council. ' You are also to continue hira in irons. By order, JOSEPH FAY, Sec'y. In Council, Sept. 9, 1777- Chareles Brewster is appointed one of the Coraraissioners of Seques* tration for this State. Resolved, that the estate of ,* of Manchester, be confiscated to the use of this State, for his eneraical conduct towards the Uniteii States of Araerica. In Council of Safety, Bennington, Sept. 9, 1777- Resolved, that * be committed to close confinement in the coraraon gaol in Litchfield, in lieu of Westrainster gaol. To all whora it may concern. Permit Messrs. Lemuel Canfield and Jabez Wooster to pass to Ar- hngton, and raove to this place 's family and raoveable effects, and lease out his farra. By order of Council, THOMAS CHITTENDEN, President In Council, 10th Sept. 1777, Whereas Williara Searls, Jun. has disposed of one yoke of oxen, which is the property of * of Manchester, ji^ho has been apprehended as an eneray to the United States — Resolved, therefore, that said Searls be, and hereby is directed, imme diately to pay into the Treasury of this State, seventy-four doUWs, which was the sum he received for said oxen. By order, JOSEPH FAY, Sec'y. Execution issued on the above judgment, to Ebenezer Wallis. In Council of Safety, llth Sept. 1777- To Peter Harwood, You are directed to receive the sick person, in David Fassett's care, into your house, and keep.until further orders. By order of Council, THOMAS CHITTENDEN, President. * is permitted to go to Arlington, to see his Wife, as she ifs sick, and return again in thirty-six hours. * See note, page 198. Council of sapet*. 209 In Council, 12th Sept. 1777- To Freegift Cole— Sir, You are required to deliver to Lieut. Isaac Clark, five sides of leath er, out of the leather belonging to Marsh, and take his receipt for the same. By order, JOSEPH FAY, Sec'y. Whereas, sundry persons in this State, have been so lost to a sense of the duty they owe to the Suprerae Arbiter of rights, and their country, friends and relations, as to join the tyrant of Gicat Britain, together with his foreign raercenary troops, and cruel savages' in arras, and have been flagrantiy guilty of shedding the blood of their innocent neighbors and friends ; — and whereas several women, wives to those merciless and unproked murderers, have aided and assisted in bringing about such their designs, by harboring, secreting, feeding, and giving private intelligence to such emissaries of Great Britain, and, by riding post, carrying intelli gence to the enemies' camp and scouts; are found to be dangerous per sons to society, and instruments of great mischief to this, and the United States of America; Resolved, therefore, that all such persons as have joined, or may here- -after join, the British troops, and left, or may hereafter leave, their wives and farailies within this State, have their wives and farailies sent to Gen eral John Burgoyne's head quarters, or some other branch of the rainis terial array, as soon as raay be. By order of Council, JOSEPH FAY, Sec'y, In Council of Safety, 12th Sept. 1777- Then voluntarily appeared before this Council, ,* and ae- knowledgeth hiraself guilty of taking his arras and joining the infaraous 's company, and going with thera to the British army, — praying this Council to take him under their protection, and deal with hira according to their judgment and discretion ; — . This Council ha-ving taken the same under their consideration, do judge that, on his dispensing with the loss of what he has already sustain- . -ed, and voluntarily taking the oath of fidelity to the United States of Araerica, he be dismissed. By order of Council, JOSEPH FAY, Sec'y, To whom it may concern. Permit to pass from this to his farm in Manchester, there to remain unmolested ; he behaving as becometh a friend to his coun try, — as he has taken the oath of allegiance to the States of Araerica. By order, JOSEPH FAY, Sec'y. * See note, page WS. C2^ 210 .fOURNAL OP THE Resolved, that * be perraitted to go to his brother's, ui White Creek, and there to remain until further orders frora this Council^ upon giving sufficient bail. In Councilof Safety, Sept. 12, 1777- Then personally alppeared John Curtis, and acknowledges hiraself bound to the Treasurer of this State, in a recognizance of two hundred pounds, that » * shall he ready at his house, to answer the call of this Council, at any tirae. ' By order of Council, THOMAS CHITTENDEN, Pres. *, having voluntarily appeared before this Council, and acknowledged himself guilty of taking up arms, and joining the in famous s' company, and joining the British army, praying this Council to take hira under their protection, and deal with him ac cording to their judgraent and discretion : — This Council, having taken his case under their consideration, do judge and order, that the said ¦ pay, as a fine, the sum of twenty pounds, and stand committed until this judgraent is coraplied with ; and the said voluntarily take the oath of fidelity to the U- nited States of Araerica — then to be discharged. By order of Council, JOSEPH FAY, Sec'y. The above judgraent is satisfied, in cash. JOSEPH FAY. * In Council, Sept. 12, 1777- This Council, on reconsideration, vote and order that * pay thirty pounds, L. money, as a fine for the use of this State, and be released from any further confine^nent. Per order, JOSEPH FAY, Sec'y. Resolved, that — * be pernjitted the privilege of .letting his farm and effects, in Ai-lington,'reraain, in the hands of Deliverance Squire, unmolested, as he has s^itisfied this Council for his past conduct^ and taken the oath of fidelity to the United States of Araerica. By order of Council, THOMAS CHITTENDEN, President Received of Nathan Canfield, one psur blacksraith's bellows, one an vil, one vice, without screw, and one pair of tongs, which was the prop-. erty of Sarauel Buck, of Arlington. In behalf ofthe Counfcil, received. Per '.,¦.- . - ¦ ,v JOSEPH FAY, Secly. » See note, page 19». COUNCIL OF SAFETY. 211 In Council of Safety, 1 SthSept. 1777- To —. — *— Sir, I received your's of yesterday's date — also received verbal aocounts from your father. Ara surprised at both : — First, the account in your letter, when you say that what you ever be lieved, you now know to be true, viz. — that the protection of the States was the best — considering the conversation I have lately had with you, and your conduct. Secondly — that you should think strange that we should take care of your interest, when we had certain intelligence that you had joined our avowed eneraies, and was actually in their service ; and Thirdly — that you should attempt to escape, when you was taken by our people, on your return ; which circumstance would have been rauch in your favor, even if they had brought you in. You were much to blarae in breaking away frora the guard. However, what provocation you had to conduct in that manner, is yet unknown to me ; yet, notwithstanding, as it appears by youi letter, and your father's request, that you have a desire to be received into favor of your country, I am to inform you, that if you see cause to come to this Council, you raay depend on being used as well as you can reasonably expect, when all the circumstances of your case are known. Those per sons that took you, must be present, when you come. ' If you think best to corae, it raust be within two days frora this date ; and this shall be your sufficient warrant, on the way. By order of Council, I ara. Sir, yours, THOMAS CHITTENDEN, President. In Council' of Safety, 20tli ^ept. 1777- The Counfcil beg'leavei to return their sincere thanks to the Hon. Brig adier General Joh.^j Stark, for the infinite service he has been pleased to do thera, in defending thera and their constituents, froiri the cruel and bloody rage of their unnatural eneray, who sought to destroy thera, on the 5 6th day of Aqgust last They also return their grateful acknowl edgements, for the honor the General has been pleiased to do the Council, by presenting thera with one Hessian gun with bayonet, one broad sword, one brass barrell'd drura, and one grenadier's cap — taken on the memo rable 1 6th of August, aforesaid for the use of this State. The Gene ral raay rely, that they will be reserved for the use they were designed. I ara, Dear General, with sentiments of esteem. Your most obedient, humble,servant, THOMAS CHITTENDEN, President. Gefi Stark. The bearer, Samuel Trowbridge, is permitted to pass to Arlington, and remove his faraily dowii the country, as he has taken the oath of fidelity. By order of Council, THOMAS CHITTENDEN, President, ''¦ ?ec note, page 198. 212 JlOURNAL OP THE In Council of Safety, 17th Sept. 1777. Resolved, that whatsoever of the goods or chattels, that was his prop erty, (viz. *)— has been taken by our scouts, we raake him no compensation ; but he to bear the loss, on the Council giving him, the said , a pass to return to his habitation, and there to remain, under our protection, on his good behaviour for tbe future. By order of Council, THOMAS CHITTENDEN, Pre«j«fen/. In Councilof Safety, 19th Sept. 1777. Perrait Garret Williarason to take a red roane horse, that belongs t&- himself, or his son, lately taken by Lt. Isaac Clark. By order of Council, THOS. CHITTENDEN, President'. In Council, Sept. 20, 1777. Resolved, oil reconsideration, that * pay a fine of forty pounds, ten shillings, for the use of this State, and to stand coraraitted until this judgraent is coraplied with. By order of Council, THOMAS CHITTENDEN, PreMrfen^ Received, the above sum of ,£40 : 10: 0, at two several payments, in. behalf of the Treasurer. JOSEPH FAY, SecY In Council of Safety, Sept. 19, 1777. The bearer, Capt. Ebenezer Willoby, having passed examination be fore this Council, has leave to return to his horae, at Arlington ; to re turn the arras belonging to Mr. Moore, or the guard he set over hira, and return to this Council within five days frora this date, on the parole of honor ; having first notified Mr. Moore to attend on this Council with hira, or bring a line frora said Moore, to signify that all raatters in dis pute between thera, is finally settled with Capt. Willoby. Should Mr.. Moore refuse, it is accepted he will attend, on this notice. By order of Coimcil, JOSEPH FAY, Sec'y. In Council of Safety, 1 9th September, 1777.- To Capt. Williara Fitch— Sir, Whereas, Mr. Tiraothy Mead has, sorae days past, made application to this Council, to take thirteen sheep out of the tory flock in Arlington, in lieu of that nuraber which he lost, — this Council positively orders that rione be delivered, until further evidence can be had. I ara, Sir, your hurable servant, By order of Council, JOSEPH FAY, Sey. P. S. If you can satisfy the inhabitants, and obtain their liberty, you may reraain, until further orders. JOS. FAY. In Council, Bennington, Sth Nov. 1777 • Mrs. Easter Hawley— Madam ; We received your petition, the Sth mstant, requesting an answer. -.- * See dote, page 198.- COUNCIL OP SAFETY. 217 We are not destitute of huraan affection, towards all persons, that are, in principle and practice, friends to Araerica, if it be found in the weaker vessel. Therefore you are permitted to reraain in peace, where you are, until further orders frora this or a future Council, or a General Asserably of this State. By order of Council, JOSEPH FAY, Sec'y. In Council, Oct. 8. 1777. Gentiemen— -This Council earnestly recoraraend to the town of Ben- n-uigton, to warn a town raeeting, to fill up the Committee of Safety for said town. By order of Council, JOSEPH FAY, Sec'y. To the Selectraen of Bennmgton. Sold Siraeon Sears and Mr. Risdon, the one half of the cart, belonging to this State, for twenty-three dollars. By order, JOSEPH FAY, Sec'y, Oct. 9, 1777. You will please to deliver to Mr. Timothy Pritchett, the cart and oxen belonging to ,* and go to Castleton and bring off said 's family to this place. By order of Council, JOSEPH FAY, Sec'y. In Councilof Safety, Oct. 10, 1777- This may certify, to whom it raay concern, that Doct. Jacob Rhuback, being a friend to his country, has full power frora this Council, to take his estate where it may be found — proving his property. JOS. FAY, Sec'y. To whom it may concern. ' Ephraim Knapp is permitted to go to ArUngton, and remove his fara ily down the country. By order of Council, JOSEPH FAY, Sedy.. To whom it raay concern. In Council of Safety, Oct. 20, 1777. To the Committee of Safety, Bennington Gentlemen, On the request of Capt. John Fassett, Jun. one of your said Commit tee, the Council are of opinion, that any persons frora this State, who have vohintarily deserted the country's cause, and have had recourse to the enemy, for protection, directly or indirectly, do remain iij, their pres- f See note, page 19S. D2 21t{ JOURNAL OF THE ent situation, until a requishion be made by those who have tbem in cus tody, to the authority of tbis State. By ordei' of Council, JOSEPH FAY, Sec'y. In Council of Safety, Oct. 20, 1777- This Council having had under consideration, the particular circum stances of ,* are of opinion that he return to his farra in Cas tleton, whenever he shaB procure a certificate frora under the hands of his several neigkbors in that vicinity, that they are severally satisfied to receive hira into; their friendship; and there to reraain, until further or ders, unmolested. By order of Council, JOSEPH FAY, Sec'y; N. B. May return with his family, if he chooses. To whom it may concern. The bearer, *, is permitted to pass to Castleton, for the purpose of procuring the above named certificate. By order of Council, JOSEPH FAY, Sec'y. Col. Peter Olcutt proposed the following question to the Council, vizi Several of ray men deserted over to the enemy, after being drafted to go to T3rconderdga were gone about one raonth, and returned : - the ques tion is —what raust be done with these men ? Signed, Peter Olcutt. The Council's answer is— If those men are willing to defend the States, at the risque of life and fortune, to loose what has been taken frora thera and sold for the benefit of the country ; and, in case no seizure and sale has been raade, pay a fine adequate to their criraes — give thera pro tection and pardon ; but if they refuse to bear their proportion of ex pense, and will not take up arras in favor of our cause, treat them as outlaws. By order of Council, JOS. FAY, Sec'y. ,* on further consideration, judges it not safe to remove liis family, or return, himself, to Castleton, according to the pass frora the Council of this days date ;¦— he is, therefore, permitted to pass, with his family and effects, to Danhury, in Connecticut-. By order of Council, JOSEPH FAY, Sec'y. To whom it raay concern, la Councilof Safety, Oct. 20, 1777, Whereas, God, in his providence, has srailed, in a very remarkable manner, on our arms, in this northern department^ whereby We are seeuf * 'See note, page iqg. COUNCIL OP SAFETY. 219 ed, in a very considerable degree, frora the ravages and lUachinations of a cruel and inveterate eneray and their confederates ; — And whereas, we delight not in the misery or confinement of any indi viduals, when such confinement is not absolutely necessary for the secu rity of tiie major part — Therefore, we recoraraend it to the Committees of the several towns, in this State, to liberate all such persons as have been confined, on suspicion of being, eneraical, or any whora you may judge raay, with safety to this State, or the United States, be liberated, in full or in part, with proper restrictions,— such as confinement to their farras or towns, under the inspection of respectable persons, and during good behavior. By order of Council, JONAS FAY, V. President. In Councilof Safety, 21st Oct. 1777- This Council having taken into consideration the coraplaint of Job Wood against Ebenezer Wood, and having heard the several evidences in support of the complaint) are of opinion that Job Wood rest in the peaceable possession of the farm, the forraer property of Ebenezer Da vis, (late deceased,) without raolestation frora Ebenezer Wood, until a proper trial can be had, relative to the title of land ; and that the said Ebenezer pay to the said Job, for daiiiage, in breach of jiroraise, the sum of four pounds, four shiUings, lawful raoney, and pay the cost of trial, taxed at .£2 : 2:0. By order of Council, JONAS FAY, V. Presiedent. The colnplaint relative to the above judgment, warrant, and evidences to support it, are on file. JOSEPH FAY, Sec'y. Resolved, that Capt. Joseph Bowker be, and he is hereby, appointed a Coraraissioner of Sequestration ; as also Mr. George Foot of Castle ton, is hereby appointed a Coraraissioner of Sequestration, - to act in conjunction, when it raay be necessary, with the other Coraraissioners of Sequestration, appoiiited on this sjde of the raountains. By order of Council, JOSEPH FAY, Secfy. Wawant given to Geo. Foot. In Council of Safety, 24th Oct. 1777. The bearer, Sarauel Adaras' wife, is perraitted to pass, with her chil-, dren, to her husband at Tyconderoga, unmolested, after passing the ex amination of the officer commanding the northern department. Neces sary clothing and bedding is to be allowed ; which order the command ing officer will see punctually fulfilled. By order of Council, JOSEPH FAY, Secy. 220 JOURNAL o'p THE In Council of Safety, Slst Oct. 1777. The bearer, John M'Niel, is perraitted to remain at Lieut. Bracken- ridges, until further orders frora Council ; and no other power in this State, than that of this Council, will, in future, presurae to violate a per mission of this tenor. By order of Council, JOSEPH FAY, Sec'y. To whom it may concern. In Council qf Safety, 12th November, 1777, To the Sheriff of the County of Litchfield, Sir — The bearer, Mr. Abel Hawley, informs this Council, that he has a son, by the name of Agur Hawley, who is cpnfined in the common gaol, at Litchfield : — ^the Council are unacquainted with the occasion of his confinement, at that place, as no person here is able to give account -whether any mittimus has been given, or whether his case be crirainal. Should you, on exaraination, find it consistent with good rule, to send hun to this Council, as he is properly an inhabitant of this State, they would take his case under consideration, and endeavor to deal with him, according to his raerit. I am, Sir, Your most obedient, hurable servant. By order of Council, JOSEPH FAY, Sec'y, In Councilof Safety, 14th Nov. 1777. Resolved, that Thursday, the 4th day of December next, be appointed, and hereby is appointed, to be observed as a day of pubhc thanksgiving and prayer, throughout the State of Vermont. By order of Council, JOSEPH FAY, Sec'y. In Council of Safety, Nov. 16, 1777. Resolved, that it be recoraraended, and it is hereby recommended, to the Committee of Safety, of each town in this State, to take immediately under their examination, all persons who have been to the enemy, or such as are deeraed enemies to their country ; — each Coraraittee taking under their examination, the persons belonging to their own town,- and in such town where no coraraittee is appointed, to call the assistance of the neighboring committee. No person to be tried short of the number of seven or more comraittee-raen, selected frora three different coraraittees. In case any such person or persons cannot satisfy the inhabitants of the town to which they belong, and obtain their liberty to remain at home, under proper restrictions, to send such persons, forthwith, to this Coun cil, with their crimes, in writing, and evidences to support the charges against them. The Council further recommend to the respectable Committees of Safety, in this Stato, to be ever mindful of the worthy and laudable ex araple set US by his Excellency Gerieral Washington, and tbe good peo- COUNCIL OP SAFETY. -QQl pie, inhabitants of New-Jersey ;— always bearing in mind to consider the weak capacities of memy who have been affrightened into a subraission to General Burgoyne, &c. — after which, seeing their error, confess their fault, and are willing to defend their country's cause, at the risque of fife and fortune. By order of Council, THOMAS CHITTENDEN, President. P. S. No person whatever, included in articles of capitulation, are to be considered. ' JOS. FAY, Sec'y. Mary Reynolds is permitted to send for her grey horse, and keep him '^ her possession, until further orders from this Council. By order of Council, JOSEPH FAY, Sedy.. (CIRCULAR.) To the several Coraraittees of Safety, in this State. Gentleraen— Enclosed, you have a copy of a Resolve of Council, by which you will be governed ; and with respect to tory estates, it must be left to the deterraination of Council. By order, THOMAS CHITTENDEN, President. In Councilof Safety, )9th Nov. 1777. Whereas, ,* an inhabitant of this State, is guilty of desert ing his country's cause, and repairing to the eneray, and aiding and assist ing the British troops, against the United States of Araerica ; by which he is deeraed a notorious eneray to his country - Therefore, Resolved, that the whole of his interest within this State, be forfeited and sold, for the use and benefit of said State. It is further resolved, that the said , forthwith, repair to his faraily, wherever they raay be, and never return within this State, without liberty frora proper authority of this State, upon penalty of being taken up by any person or persons, and brought before any Coraraittee of Safety, or selectraen, or any proper authority of this State ; and after being convicted of such of-. fence, to receive thirty nine stripes, on the naked back, put on at the dis- 'cretion of said authority ; and for every such offence to be punished as aforesaid. By order of Council, THOMAS CHITTENDEN, President. is permitted to pass frora this to his faraily, wherever they may be. JOSEPH FAY, Sec'y. In Council of Safety, Nov. 21, 1777. To Mr. Alfred Hathaway— Sir, You are hereby required to procure, iraraediately, tearas sufficient to * Bee note, page 198i 222 JOURNAL OF THE transport ten barrels of flour, from Manchester, to the relief of Col. Her rick's regiment, in Paulett. You are further authorised to irapress teams where you may find thera raost convenient for that purpose ; for which this shall be your sufficient warrant. By order, JOSEPH FAY, Sec'y. In Council, Bennington, Nov. 22, 1777. To the inhabitants of Clarendon. Gentlemen— We received the proceedings of your town, in October, 25th ultimo. These are to inforra you, that we have passed a resolve, in what manner tories shall be tried. The Coraraissioners of Sequestra tion have received their orders from Council, in what manner to proceed with tory estates, and that those who have forfeited their estates, it is to the State in general, and not to any particular town, till further orders frora this or a future Council or General Assembly. I ara, Gentleraen, By order of Council, Your raost obedient, hurable servant, THOMAS CHITTENDEN, President. In Council of Safety, Nov. 24, 1777- Resolved, that Doct. Paul Spooner, Col. Peter Olcutt, and Capt. Cur tis, be appointed, and are hereby appointed, a coraraittee to settle witb the Coramissioners of Sequestration, on the east side of the Green Moun tains, in this State, and make returns to this Council, by the first day of January next. By order of Council, JOS. FAY, Sec'y. Resolved, that the merabers of Council belonging on the east side of the Green Mountains, in this State, together with the above committee, appointed to settle with the Com'missioners of Sequestration, be appoint ed, and are hereby appointed, with full powers to determine the destina tion of all such persons, whora the Committees of Safety deem to be dan gerous persons to reraain within this State, or the town tp which they be long — also to deterraine with respect to the confiscation of such estates. By order, THOMAS CHITTENDEN, President. In Council, 25th Nov. 1777. Capt. Bowker — Sir, The confusion and multiplicity of business, occasioned by the unhappy war in the northern departraent, since the appointraent of this Council, has prevented their being able to get the Constitution printed, which obliges us, this Council, to desire you to call together the old Convention, to raeet at Windsor, on Wednesday the 24th of Deceraber next, which you will not foil to do. I ara, Sir, by order of Council, Your most obedient servant, THOMAS CHITTENDEN. Pressrfenif. COUNCIL OP SAFETY. 223 P. S. The business of the Convention will be, to adjoui-n the meeting of thf General Asserably.* T. CHITTENDEN. In Council of Safety, Nov. 28, 1777. Capt. Jonathah Fassett, coraraissioned to sequester tory effects, — to last during the pleasure of this Council, or other legislative body, within this State. JONAS FAY, V. President. In Council of Safety, Dec. 12, 1777- The Coraraittee of Safety, for the town of Dorset, are, this day, certi fied, that Asa Baldwin, Sarauel M'Coon, Williara UnderhiU, Thoraas Baldwin, and Moses Veal, are discharged for whatever they may have said or acted relative to the dispute between Great Britain and America, to the 23d day of Septeraber last. By order of Council, JONAS FAY, V. President. In Council of Safety, 20th Dec. 1777. This dfey given Col. Chittenden an order to take one cow, belonging to this -State, now in the custody of John Connor of Manchester, wbich cow is to be appraised, and an account returned to this Council. By order of Council, JONAS FAY, V. President, Andrew Hawley is perraitted to take bis gun, first obtaining hberty of the Coraraittee of Safety, and return it to tho Committee, witbin six weeks frora this date. By order of Council, THOMAS CHITTENDEN, President To all concerned. In Councilof Safety, Bennington, Jan. 3, 1778. Resolved to appoint Moses Robinson of Rupert, a Coraraissioner of Sequestration ofthat town his coraraission and instructions sent to hira, for that purpose. Resolved, that Capt. John Fassett, Jun. be, and he is hereby, appoint ed a Coraraissioner of Sequestration for the town of Arlington. Com mission or instructions delivered. By order of Council, JOS. FAY, Sec'y. In Councilof Safety, Bennington, Jan. 6, 1778. Resolved, that it be recoraraended to the Coraraittee of Safety, con vened in convention, for the towns of Shaftsbury, Bennington and Pow nal, to strictly exaraine into the particular circurastances of the estates of * See address of the Council of Safety to the inhabitants of Vermont, page 81. 224 JOURNAL OF THE all such persons as they have had under, immediate examination, and are deemed to be eneraies to this and the United States of Araerica ; and, as soon as raay be, transrait to this Council, a copy of their opinion of all, or any part of estates, that are justly forfeited to this State. Bennington, Jan. 7, 1778. Mr. Ebenezer Wood — Sir, You raay reraeraber that, on the 21st day of October last, judgment was had against you, by the Council of the State of Verraont, in favor of Mr. Job Wood ; in which tryal, you was to pay the costs, which I find, on exaraination, to araount to about ^5: 0: 0. Mr. Job Wood, now present, requests the authority of Council to interpose in his behalf. On this indulgence of Council, it is expected you will pay his bill on sight. Should you refuse, you need not expect a second indulgence in the prem ises. I ara your friend and hurable servant, JONAS FAY. In Councilof Safety, Jan. 9, 1778. „This may certify, to all whom it raay concern, that * was tried before this Council, on the 24th day of Septeraber last, for eneraical conduct, and that he did satisfy the judgraent of Council ; upon which he was discharged. And whereas the convention of Coraraittees have since taken him un der their examination, and adjudged him to be eneraical to the liberties of America, and referred hira to this Council, to dispose of hira as they think proper : — they, finding no criraes against hira, transacted since his trial aforesaid, do hereby discharge hira ;. and he is perraitted to pass to bis horae, and there reraain unraolested, under the inspection of the Cora raittee, his behaving as becoraeth a friend to this and the United States of Araerica. By order of Council, JONAS FAY, V. President. To Lt. Peter Roberts, You are hereby required to deliver * his horse and other effects, which you lately took as his estate, by virtue of your coraraission of sequestration, for the use of this State. By order of Council, JOS. FAY, Sec'y. In Council of Safety, 12th Jan. 1778. This Council, having taken into consideration the application of the Hon. General John Stark, requesting ten effective men to be iraraediately employed in beating and treading the snow, in the road leading from this place through the pass ofthe green raountains, to Col. William Williaras, in Draper, alias Wilmington, within this State, do hereby grant the said request, and order that Capt. Samuel Robinson, overseer of the tories, * See note, page 198. eOtJNCIL OF SAFETY. fi25 "^ro-^ride Such number, properly officered and equipt, with provisions and other requisite necessaries, for such service, who are to be in readiness to march immediately. By order of Council, JONAS FAY, V. President. January 1 2, 1778. To Capt. Samuel Robinson, overseer of Tories, You are hereby required to detach ten effective men under your cora raand, with proper officers to take the charge, and raarch thera, in two distinct files, frora this place through the green mountains, to Col. Will iara WiUian-is' dwelling-house in Draper, alias Wilmington, within this State ; who are to march and tread the snow in said road, a suitable width for a sleigh or sleighs, with a span of horses on each sleigh ; and order thera to return, raarching in the sarae raanner, to this place, with all convenient speed. By order of Council, JONAS FAY, V. President. N. B. You are to order three days provisions to each of such raen, and the sarae to be cooked this day, and to raarch at 6 o'clock to-morrow morning. JONAS FAY, V. President. Bennington, Jan. 13, 1778. The petition of John Payne, John Ordway, and their associates, being presented to this Council, — having taken tbe sarae under their conside ration, — voted, that said petition reraain in this office on file, and at the setting of the General Asserably of this State, to be laid before them — being the first petition made for the grant of the land therein raentiqnedp By order of Council, THOMAS CHITTENDEN, President. To Israel Canfield, at Arlington. You are hereby ordered to deliver to the bearer, Mr. Daniel Sherman^ 4iix sides of neats leather, and two sides of h«rse hyde. By order of Council, THOMAS CHITTENDEN, President. — — * of Arlington, is perraitted to reraain at home until further orders from this Council, he behaving as becometh. By order of Council, THOMAS CHITTENDEN, President, Resolved, that it is the opinion of this Council, that -''s* es tate is, and it is hereby declared to be, forfeited to this State. By order of Council, THOS. CHITTENDEN, President. ~sF— ._ . * See iTole, page 138-. E0 22G' J-OURNAL OF THE „ , , , ^« Council, Bennington, Jan. 14, 1778, Resolved that- ^* is guilty of eneraical conduct against the' United States of Araerica— Thereofore I yoted, that he pay a fine of thirty pounds, L. raoney, for the use of this State, and to stand committed until this judgraent be coraphed with. Further resolved, that said is not permitted to go further to the northward than the north line of Rutiand, within this State, on penalty of forfeitrag and paying a fine for the use of the same. By order of Council,_ THOMAS CHITTENDEN, President. This Council having taken under their examination, the complaint of Capt. Samuel Robinson against ,* for defrauding and endeav oring to cheat hira, the said Robinson, out of seventy-seven dollars, bil- letting raoney, &c. do hereby resolve that the said pay Capt. Rob inson seventy-seven dollars, being his deraand for billet money, and pay cost, and to stand committed until this judgment be complied with. By order of Council, THOMAS CHITTENDEN, Pres. ,The above judgment satisfied and paid. Jos. Fay, Sec'y. In Council of Safety, Bennington, Jan. 14, 1778. Whereas, many of the inhabitants of this State were drove from their possessions, the last year, by the enemy, by which means they have been prohibited the benefit of securing their corn, grain, &c. and from raaking the necessary preparations for a future crop ; by which raeans there ap pears to be great danger of such inhabitants and others suffering for want thereof; — And whereas, it has been represented to this Council that considerable quantities have heen, and still are, daily transported out of this State ; — to prevent snch inconveniency, in future, this Council have taken the same under their consideration, and have thought fit, and do hereby Resolre, that no, wheat, rye, Indian corn, flour, or raeal, be transported out of this State, or sold ip any person, not residing within the sarae, (except continental stores) E^er the date of this resolve, except they have a perrait from this Council, or Gen. Jacob Bayley, Col. Peter Olcutt, Col. Joseph Marsh, or Col. John Barrett, or any two of them. Any person or persons, violating this resolve, shall, on conviction thereof, be? fore five or raore committee raen of the town or towns adjacent to where such grain, flour or meal is carried frora, (who are hereby authorised to hear, judge and deterraine the sarae,) shall forfeit such load or quantity of grain, flour or raeal, and three fold the value thereof, in money ; one half to be given to any person or persons, prosecuting to effect, — the other half to be converted to tiie use of this State. And this Council do here by recommend it to the several coraraittees of safety within this State, to see this rule duly observed, — any one of whora is hereby authorised to seize, or, on complaint and application, to issue his warrant to seize, and * Stc note age I9S, CO'UNCIL OF SAFETY. 227 y *3etain, any such article before prohibited, and cause such person or per sons to be examined and tried as aforesaid. This resolve to continue in force until the first day of June next, unless otherwise deterrained by the General Assembly of this State. By order of Council, THOMAS CHITTENDEN, Pres. Joseph Fay, Sec'y. In Councilof Safety, Bennington, Jan. 15, 1778. This may certify, to whom it may concern, that ,* having passed exaraination before this Council, and voluntarily taken the oath of fidelity to the United States of America, has liberty to pass frora this to Rutland, and repass, on his lawful business, any where to the southward of this State, his behaving as becoraeth a friend to this and the other States of America. By order of Council, JOSEPH FAY, Seo'y. Resolved, that Messrs. John Wood and Benjarain Fay be, and hereby are, appointed assistants to Capt. Samuel Robinson, as overseers of torife. By order of Council, THOMAS CHITTENDEN, President. Joseph Fay, Sec'y. In Councilof Safely, I6th Jan. 1778. To , and the rest of the heirs of ,* late of Danby, deceased. You are hereby notified to appear before this Council, on Thursday, the 22d instant, to shew cause, if any you have, why the real estate ol' , aforesaid, shall not be confiscated to this State. By order of Council, THOMAS CHITTENDEN, President Joseph Fay, Sec'y. In Council, 24th Jan. 1778. Permission is hereby given to the bearer hereof, Mr. Daniel Safford, to transport two thousand weight of flour out of this State, agreeable to a forraer contract, raade previous to the resolve of Council (certified on oath) laying an erabargo on wheat, &c. By order of Council, ' THOMAS CHITTENDEN, President. To whom it may concern. Resolved, that Capt. Averis be directed to employ Abner Woolcott in the service of the Continent, while necessary, unless otherwise ordered by this Council; and that Capt. Averis make return of said Woolcott and his doings, to this Council. By order thereof, MOSES ROBINSON, President P. Tern- f See note, page 198. 228 JOURNAL OF THE Resolved, that this Coimcil will give a bounty of ten dollars for the encouragement of raising three hundred men, under the command of Lt. Col. Herrick, to each non-commissioned officer or soldier who shall enlist, for a certain expedition to , now on foot. In Council, Bennington, Jan. 28, 1778. This day passed an order and directed tbe sarae to Capt. Samuel Rob inson, overseer of tories, or either of his assistants, to take under their direction, and iraraediately employ, ,* and enter hira in the first class, agreeable tfrthe direction of the coraraittee of Clarendon. By order of Council, THOMAS CHITTENDEN, President. To Capt. Samuel Robinson, or either of his assistants, overseers. In Council, Jan. 29, 1778. The bearer, Lt. White, is perraitted to carry wheat out of this State, ' that is due to bim on a certam subscription for clearing a road, to the amount of twenty busheb. By order, THOMAS CHITTENDEN, President, To whom it may concern. Bennington, Jan. 17, 1778. Whereas, the Council must take a considerable part of their time, from this date, to prepare raatters to be laid before the General Assembly : and whereas' there has been, for some time past, and probably will, in fu- tm-e, many things be laid before this Council, that are of a private nature, which interrupts and hinders them from pursuing the business they were principally appointed for, by the Convention of this State — Therefore, Resolved, that, frora this date, until tiie 22d of this instant January, and from the 5th of February, until the 12th day thereof, this Council will attend on business of a private nature, and at no other time, until the sitting of the Asserably. By order of Council, THOMAS CHITTENDEN, President. To Mr. Eli Roberts, 1 You are hereby fully authorised and empowered to take into your cus tody all the moveable effects of * and — , except what humanity requires forthe support of said 's family: — and also to seize, and lease out to sorae proper person, the real estate of the afore said persons, not exceeding one year from next April. The raoveable estate you will seU at public vendue, or otherwise, as you shall think best. You will, out of the avails of the raoveable estate of , supply his family with provision, until further orders : — ^the overplus of money, after your cost, (if any) you will retiu-n to the Treasurer of this State. You will keep a true and just account of all that you sell, and the price »¦ See note, page 19». , COUNCIL OF SAFETY. ¦22^ of what you expend for the use of the family, — any other commissioners authority notwithstanding, in the State of Vermont. By order of Council, TH01MAS CHITTENDEN, President. In Council, Jan. 19, 1778. Whereas, sundry inconveniences have arose, by reason of the Com missioners of Sequestration interfering one with the other ; — Therefore, Resolved, that no Commissioner of Sequestration, for the future, be allowed to transact business, for this State, in any town where there is a Commissioner appointed ;— and when any Commissioner has transacted business, before this date, in any towns, where there is a Coraraissioner now appointed, they are directed to transfer their business, done in said town, over to said Coraraissioner. By order of Council, THOMAS CHITTENDEN, PresidenU Joseph Fat, Sec'y. In Council, Jan. 21, 177 S. This Council having taken into consideration the coraplamt of With- ereU Wittum against WUliam Wheeler ; and having heard the several evidences relative to the case, are of opinion, that William Wheeler pay Witherell Wittura two pounds, sixteen shillings, lawful money, which is the deraands of the execution E^ainst Wittura, for cost, &c. ; and pay the cost of suit, araounting to ^£2: 12: 0, L money. By order of Council, THOMAS CHITTENDEN, President. Joseph Fay, Sec'y. In Council of Safety, Jan. 23, 1778. Whereas, repeated applications have been, and are like to be, raade to this Council, by the tories now in this place, destined to hard labor, for perraits to go to their horaes ; by which means, this Council is much ob structed in tbeir more iraraediate and necessary business ; — to prevent Such inconveniences in future. Resolved, that Capt. Sarauel Robinson and his assistants be hereby authorised to perrait the several tories of the first class, to go horae, for a necessary limited time, at the discretion of said Robinson and his as sistants, on extraordinary occasions,— as in case of sickness and distress of their farailies, &c. By order of Council, THOMAS CHITTENDEN, President. Joseph Fay, Sec'y. This Council are of opinion that * has heen under confine ment fifteen days, contrary to the true intent of the Coraraittee before whom he had his trial ; and as he appears to be out of health, you have * See Bote, piige 1 98-. ji30 JOURNAL OF THE therefore, liberty to give hira a pass to go home and remain there unmfi-, lested, fifteen days. By order of Council, THOMAS CHITTENDEN, President,, Capt. Sarauel Robinson. In Council of Safety, Jan. 24, 1778. Whereas, it has been represented to this Council, that divers persons, to the great disadvantage of this State, have bought, and sold to the in habitants, in sraall quantities, and at exorbitant prices, (and continue so to do) certain spirituous liquors, ^whereby drunkenness, idleness, quarrels, &c. &c. is proraoted among us ; which evil to prevent in future, have thought fit, and do hereby, resolve, that the committees of safety, select men, and constables, of each town within this State, shall meet together at sorae convenient place, within each respective town, on the second day of March next, and nominate, by their major vote, a sufficient num ber of suitable persons to keep houses of public entertainment, ibr trav ellers, for the year ensuing, or until otherwise ordered by the General Asserably of tbis State, and return their names to this Council, or to any two of the raembers thereof; who are hereby fully authorised and em powered to grant licence for that purpose — taking one dollar, or six shil lings, as a fee for the sarae. Further resolved, that, if any person or persons, within this State, not licensed as above, shall, after the 10th day of March next, presume, di rectly, or indirectly, to sell any, kind of spirituous liquors, in any less quantity than one quart, or any quantity to be drank in or ahout his, her, or their house or houses,— ^for every such oflence, being thereof duly con victed before three ofthe committee-men of tiie town where such offence is coraraitted, (who are hereby fully authorised aud empowered to hear and deterraine the sarae,) shaU forfeit and pay the sum of six pounds, lawful raoney ; the one half to be applied forthe use of the town where such offence is coraraitted, and the other half to be given to the person complainmg and prosecuting to effect. By order of Council, THOMAS CHITTENDEN, President. Joseph Fay, Sec'y. In Council of Safety, Jan. 30, 1778. To Capt. Elkanah Cook, You are hereby directed to let the heirs of John Curtis improve the farm forraerly belonging to hira, during the hfe of said Curtis' wife ; their giving sufficient bonds to maintain the said John Curtis' wife, during her life. By order of Council, THOMAS CHITTENDEN, President- Whereas, reports to the prejudice of the rangers and others, ha,ve cu- culated among the people, and have also been raade to this Council, that great injustice has been done to the inhabitants by them,— they having COUNCIL OF SAFETY. 231 plundered them, contrary to express orders and designs of this Coun cil : and whereas sorae of the officers, rangers, have raoved that a trial be indulged them, that thereby their characters may be re-established, and blarae fall only on the guilty, if any there be, therefore Resolved, that all persons be, and they are hereby notified to bring in formation or evidence, to this Council, of the effects plundered or taken frora thera, and by whora, or what party, attested on oath before the chairraan of any coraraittee of safety, the 25th day of February next; and all persons neglecting to exhibit their coraplaint, on the above said day, shaU be forever foreclosed bringing in such coraplaints ; and reports to the prejudice of any officer or soldier, or any other persons, relating to the preraises, shall not be noticed, but treated as scandalous libels. Provided always, that nothing in this resolve be construed that any complaint against any person for plundering, that shall be found out after the 25th day of February next, be excluded. By order of Council, THOMAS CHITTENDEN, President. Joseph Fay, Sec'y. In Council of Safety, Bennington, Jan. 31, 1778. Michael Dunning, Esq. Pownal, Sir— You are hereby directed to dispose of the grain belonging to this State, to such of the inhabitants as have been drove frora their farras, &c. by the enemy, (as. tbey raay apply to you) at the coraraon price ; which is, for wheat, three doUeSs per bushel. You will reserve all spring grain, for seed. I am,' Sir, by order, &c JOS. FAY, Sec'y. In Council, Bennington, Feb. 3, 1778- Thjs Council do hereby perrait the bearer, Elnathan Murwin, to in ventory his brother Israel Murwin's estate, (late deceased) and settle the sarae ; keeping a regular account to exhibit to this Council, whenever de manded. By order, THOMAS CHITTENDEN, President. In Council of Safety, Feb. 4, 1778. To Colonels Moses Robinson, Tiraothy Brownson, Jaraes Mead, Joseph Marsh, Peter Olcutt and Williara Williaras ; Gentleraen — You are hereby required to return to this Council, on, or before Thursday the 1 2th day of March next, the nuraber of male inhab itants included within the liraits of your regiraents, between the age of six teen and sixty years of age, of what denoraination soever, (rainisters of the gospel excepted ;) as also the naraes of the commissioned officers of each corapany. By order of Council, THOMAS CHITTENDEN, President. ,232 JOURNAL OF THE In Council of Safety, Bennington, 9th Feb. 1778. Elnathan Hubble, Esq. Chairman of Coraraittee of Safety, Benningtoir. Sir You are hereby directed, with the assistance of the other gentle men of the Coraraittee of Safety, for this town, to take under your con sideration, the case depending between Samuel Robinson, overseer of tories, in behalf of David Goff's wife, and John Potter ; and to award judgment thereon, according to justice and equity. By order of Council, THOMAS CHITTENDEN, President. In Council of Safety, 10th Feb. 1778. This Council having taken under their consideration the complaint made to this Council by Capt. Zadock Averis, in behalf of the United States, against ,* for eneraical conduct to the United States of America, having examined the evidence, and every attending circum stance, relative thereto, and after seriously deliberating thereon, do judge and order, that the said pay thirty pounds, lawful raoney, as a fine for the use of this State ; and pay all reasonable charges of trial, and stand coraraitted until this judgraent be coraplied with. Cost taxed atiei6:8:0. By order of Council, THOMAS CHITTENDEN, President. Jos. Fay, Sec'y. Feb. 11.— Received the cost of the above suit, .£l6: 8: 0 ; and if21: 14: 0, on the above judgraent. JOSEPH FAY, Sec'y. ^8: 6: 0, received by rae. THOMAS CHITTENDEN. In Council, Bennington, lOthFeb. 1778. Capt. Ebenezer Wood, Sir— Enclosed you have a warrant to engage fifty able bodied and effective raen, to serve in an expedition to Canada, together with two warrants for two Lieutenants, and blanks left for their names. You are hereby directed to give your forraer Lieutenants the offer of thera. Should any thing prevent their serving in this carapaign, you wiU appoint others to enter their naraes in the blanks. You will take particular care to appoint raen of honor and veracity, and such as wiU be raost likely to raise their quota of men. You will do all in your power to have your company raised with all possible expedition, not to exceed the first day of March next. I am. Sir, your humble servant, THOMAS CHITTENDEN, President. Whereas, application has been made to this Council by Col. Moses Hazen, coraraanding the continental troops at Albany, in the northern department, to raise as many volunteers as possible, in the power of this * See note, page 198. COUNCIL OP SAPtTt. 233 Slate, to serve in an expedition to Canada ; in consequence of which, this Council have, this day, resolved to raise thre^ hundred volunteers, within this State, to be in a regiment commanded by Samuel Herrick, Esq. Lt. Col. commandant, and to continue in service until the last day of April next. Further resolved, that Major Benjarain Wait, be and he is hereby appointed Major to said Regiraent ; and that Captains Ebenezer Allen, Jesse Sawyer, Parraely Allen, Ebenezer Wood, Boyden, and Ab ner Sealey be, and they are hereby appointed to be Captains in Col. Herrick''s regiment; andthe subalterns that served under the before men tioned Captains, in the last carapaign, have the offer of serving again ; and, should any of them not serve, the Captains are hereby directed to appoint such others as will be most likely to recruit their quota of men. Particular care is to be taken, to appoint men of honor and veracity. Further resolved, that a premium of one dollar be granted by this Coun cil, to the officers, for every able bodied and effective man they shall enlist for the before mentioned expedition ; and that a bounty of ten dollars be given to each non-comraissioned officer and soldier that shall so engage, to be paid them, before they march. By order of Council, THOMAS CHITTENDEN, President. Joseph Fay, Sec'y. (CIRCULAR.) In Council of Safety, Bennington, 10th Feb. 1778. Sir — On application of Col. Moses Hazen, coraraander in chief of the Continental troops at Albany, this Council have this day resolved t» raise three hundred volunteers, within this State, under the command of Samuel Herrick, Esq. Lt. Colonel coraraandant, to continue in service of the true and independent States of Araerica, until the last day of April next, unless sooner discharged. To each able bodied, effective volunteer, thus engaged in this ^orious eause, for the defence of his life and liberty, you shall be enabled by this Council, to give, as an encourageraent, a bounty of ten dollars, on, or be fore the time you shaU receive orders from this Council to march thena from their respective horaes. They wUl also, be entitled to such other encourageraent by wages, plunder, &c. as is allowed the volunteers from the other free and independent States of Araerica. This expedition is set on foot by the Hon. Continental Congress ; and should any who nobly engage in this glorious enterprise, be so unfortu nate, as not to have it in their power to furnish theraselves, seasonably, with the necessary articles of shoes, stockings, or blankets, there is en courageraent that they raay be supplied out of the Continental store, by applying there. It is expected thata respectable body of Continental troops'will be employed, in conjunction with the volunteers frora this, and the neigh boring States, sufficient to penetrate into Canada, and thereby frustrate any designs the eneray may have, in a future campaign, of approachinjf this country ; and as this State is peculiarly exposed by its contiguous situation to them, to be' first ravaged, unless same such effective ineaKS Fa '-234 JOltRNAL OP THE shall prove successful to prevent thei'" incursions — ^therefore, this Couneii flatter themselves that no further E^rguments need be used to induce every well wisher tp the freedom and liberty of himself and injured country, vigorously to exert every nerve, on this mo^t iraportant occasion. J am, Sir, by or^er of Council, Your most ohedient, hurable servant, THOMAS CHITTENDEN, President. Copies of the foregoing letter sent to the several Captains on the easi Side the green .mountain. Attest, JOSEPH FAY, SeiPy. In /Council, Bennington, Feb. 17, 1778. To Capt. Joseph Bowker — Sir ; Wher.eas, complaint is raade to this Council, by Deacon John Burnap, that Moses Olmsted, Jabez Olmsted, and Owen, of Pittsford, did, in Deceraber last, take from him about twelve hundred weight of iron, which is detained frora. hira ; he therefore desires of this Council, that they would direct hira, in .what raanner he may obtain his property again. Therefore, tbis Council recoraraend to call together the raembers of tbe several Committees in Rutiand and the neighboring towns, to the number of five, to judge and deterraine the case, depeniUng 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 raore soldiers for the above purpose, on the encourage ment of a bounty of ten dollais, 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 farailies out of this State, to the eneraies' lines, viz : , . _, , and 's* farailies. By order of Council, THOMAS CHITTENDEN, President. Mrs. * is perraitted to carry with her, two feather beds, and he4- ding suitable therefor, — six pewtei- plates, two platters, two ba^ojus, one quart pot, one tea kittle, wearing apparel for herself and children, one frying pan, one candle stick knives a,nd forks. Mrs. is permitted tp carry jvith her, tw© feather he referred to pages 79,80, and 81, of this collection. G 2 242 FIRST CONSTITUTION. Wentworth, Esq. granted raany 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 coraraand, covet those very lands ; and by a false rep resentation made to the court of Great Britain, (in the year 1764, that for the convenience of trade and adrainistration of justice, the inhabi tants were desirous of being annexed to that governraent,) obtained ju risdiction of those very identical lands, ex-parte ;i 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 wiU appear in the coraplaints here after inserted, and in the 36th section of their present constitution, in which is established the grants of land raade by that governraent. They have refused to raake 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 iraraediate delivery af the title derived before, frora New- Hampshire. The judges of their supreme court have raade a soleran 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 raade re-grants of several tracts of land, included in the preraises, to certain favorite land jobbers in the governraent of New-York, in direct violation of his Bri tannic raajesty's express prohibition,! '" ^^^ Y^^^ ' ^^7'. They have issued proclamations, wherein they have offered large suras 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, irapowering the respective judges of their supreme court, to award execution of death against those inhabitants in S£ud 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 frora 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. f See page 19. X For this prohibition, see page 21. § See page 42-48. FIRST CONSTITUTION. 243 They have proceeded to erect the comities 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, forraerly due to the King of Great Britain, are now due and owing to this Convention, or such future governraent as shall be hereafter established in this State." In the several stages of the aforesaid oppressions, we have petitioned his Britannic raajesty, in the raost hurable raanner, for redress, and have, af 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 frora the seat of that governraent, which renders it extreara diffictdt 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, perraanent 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, io General Con vention raet, for the express purpose of forraing such a governraent, — confessing the goodness of the Great Governor of the universe, (who alone, knows to what degree of earthly happiness, raankind raay 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 raote 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 raen whatever, — do, by virtue of authority vested in us, by our constituents, ordain, declare, and establish, the following declaration of rights, and- frame of governraent, to be the Constitution of this Commonweai.th, and to remain in force therein, forever, unaltered, except in such articles, as shaU, hereafter; on experience, be found to require improveraent, and' which shaU, by the sarae authority of the people, fairly delegated, as this frarae of government directs, be amended or improved, for the more effectual obtaining and securing the great end and design of all govern ment, herein before raentioned. * For one of these reports, see page 31-S 244 FIRST CONSTITUTION. CHAPTER L A DECLARATION OF THE RIGHTS OF THE INHABITANTS Oi? THE STATE OF VERMONT. I. That all raen are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst which are the enjoying and defending life and liberty 5 acquiring, possessing and pro tecting property, and pursuing and obtaining happiness and safety. Therefore, no raale person, born in this country, or brought from ov* sea, ought 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 raanner, 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 payraent of debts, daraages, fines, costs, or the like. II. That private property ought to be subservient to public uses, when necessity requires it ; nevertheless, whenever any particular raan's prop- ei-ty is taken for the use of the public, the owner ought to receive an equivalent in raoney. III. That all raen have a natural and unalienable right to worship Al mighty God, according to the dictates of their own consciences and un derstanding, regulated by the word of God ; • and that no raan ought, or of right can be corapelled to attend any religious worship, or erect, or support any place of worship, or maintain any minister, contrary to the dictates of his conscience ; nor can any raan who professes the protes- tant religion, be justly deprived or abridged of any civil right, as a citi zen, on account of his religious sentiraent, or peculiar raode of religious worship, and that no authority can, or ought to be vested in, or assumed by, any power vi^hatsoever, that shall, in any case, interfere with, or in any manner controul, the rights of conscience, in the. free exercise of re ligious worship : nevertheless, every sect or denomination of people ought to observe the Sabbath, or tbe Lord's day, and keepup, and sup port, sorae sort of religious worship, which to them shaU seem most agree able to the revealed wiU of God. IV. That the people of this State have the sole, exclusive and inhe rent right of governing and regulating the internal police^ the sarae. V. That all power being originally inherent in, and consequently, de rived frora, the people; therefore, aU officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them. VI. That governraent is, or ought to be, instituted for the coraraon benefit, protection, and security of the people, nation or coraraunity ; and not for the particular emolument or advantage of any single raan, family or set of raen, who are a part only of that coraraunity ; and that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish, governraent, in such raanner as shaU be, by that eommunity, judged most conducive to the public weal. VII. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have FIRST CONSTITUTION. 245 a right, at such periods as they raay think proper, to reduce their public officers to a private station, and supply the vacancies by certain and reg ular elections. VIII, That all elections ought to be free ; and that all freeraen, having a sufficient, evident common interest with, and attachment to, the com munity, have a right to elect officers, or be elected into office. IX. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore, is bound to contri bute his proportion towards the expense of that protection, and yield his personal service, when necessary, or an equivalent thereto ; but no part of a raan's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives ; nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent ; nor are the people bound by any law, but such as they have, in like manner, assented to, for their common good. X. That, in aU prosecutions for criminal offences, a man hath a right to be heard, by himself and his counsel — to deraand the cause and na ture of his accusation — to be confronted with the witnesses — to call for evidence in his favor, and a speedy public trial, by an irapartial jury of the country; without the unanimous consent of which jury, he cannot be found guilty ; nor can he be compelled to give evidence against hira self; nor can any raan be justly deprived of his liberty, except by the laws of the land or the judgraent of his peers. XI. That the people have a right to hold theraselves, their houses, pa pers and possessions free frora search or seizure ; and therefore warrants, without oaths or affirraations first raade, affording a sufficient foundation for thera, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, hfs, her or their property, not particularly described, are contrary to that right, and ought not to be granted. XII. That no warrant or writ to attach the person or estate, of any freeholder within this State, shall be issued in civil action, without the person or persons, who raay request such warrant or attachment, first make oath, or affirra, before the authority who raay be requested to issue the same, that he, or they, are in danger of loosing his, her or their debts. XIIL That, in controversies respecting property, and in suits between man and man, the parties have a right to a trial by jury; which ought to be held sacred. XIV. Thatthe people have a right to freedora cf speech, and of wri ting and publishing their sentiments ; therefore, the freedom of the press ought not to be restrnined. XV. That the people have a right to bear arras for the defence of themselves and the State ; and, as standing arraies, in the tirae of peace, are daijgerous to liberty, they ought not to be kept up ; and that the raili tary should be jiept under strict subordination to, and governed by, the civil power. XVI. That frequent recurrence to fundamental principles, and a firra adherence to justice, raoderation, temperance, industry and frugality, are 246 FIRST CONSTITUTION. absolutely necessary to preserve the blessings of liberty, and keep gov ernment free. The people ought, therefore, to pay particular attention to these points, in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislators and magistrates, in the making and execting such laws as are necessary for the good government of the State. , XVII. That all people have a natural and inherent right to emigrate from one State to another, that wUl receive thera ; or to form a new State in vacant countries, or in such countries as they can purchase, whenever they think that thereby they can promote their own happinesss. XVIII, That the people have a right to assemble together, to consult for their common good — to instruct their representatives^ and to apply to the legislature for redress of grievances, by address, petition or reraon strance. XIX. That no person shall be liable to be transported out -of tbis State for trial, for any offence coraraitted within this State. CHAPTER n. PLAN OR FRAME OF GOVERNMENT. SECTION I. The Commonwealth or State of Vermont, shall be governed, here-dfter, by a Governor, Deputy Governor, Council, and an Assembly of the Representatives of the Freemen of the sarae, in raanner and form following. SECTION II. The suprerae legislative power shaU be vested in a House of Repre sentatives of the Freemen or Coramonwealth or State of Vermont. SECTION III. The suprerae executive power shall be vested in a Governor and Coun cil. SECTION IV. Courts of justice shall be established in every county in this State. SECTION V. The freemen of this Coramonwealth, and their sons, shall be tiained and arraed for its defence, under such regulations, restrictions and^-xcep- tions, as the General Assembly shall, by law, direct ; preserving always to the people, the right of choosing their colonels of militia, and aU com missioned officers under that rank, in such manner, and as often, as by the said laws shall be directed. FIRST CONSTITUTION. 247 SECTION Vi. Everyman of the full age of twenty-one years, having resided in this State for the space of one whole year, next before the election of repre sentatives, and who is of a quiet and peaceable behaviour, and will take the foUowing oath (or affii mation) shall be entitied to all the privileges of a freeman of this State. 1 — ; solemnly swear, by the ever living God, (or affirm, in the presence of Almighty God,) that whenever I am called to give my vote or suffrage, touching any matter that concerns the State of Yermont, I loill do it so, as in my conscience, I shall judge will most conduce to the best good of the same, as established by the constitution, without fear or favor of any man. SECTION VII. The House of Representatives of the Freeraen of this State, shall consist of persons most noted for wisdom and virtue, to be chosen by the freemen of every town in this State, respectively. And no foreigner shall be chosen, unless he has resided in the town for which he shall be elected, one year immediately before said election. SECTION VIII. The raembers ofthe HouSe of Representatives, shall be chosen annual ly, by ballot, by the freeraen of this Slate, on the first Tuesday of Septera ber, forever, (except this present year) and shall raeet on the second Thursday of the succeeding October, and shall be stiled the General As sembly ofthe Representatives of the Freemen of Vermont ; and shall have power to choose their Speaker, Secretary of the State, their Clerk, and other necessary officers ofthe house — sit on their own adjournments — prepare biUs and enact them into laws — ^judge ofthe elections and quali fications of their own merabers — they raay expel a raeraber, but not a se cond tirae for the same cause — They may administer oaths (or affirma tions) on exaraination of witnesses— redress grievances -impeach State criminals — grant charters of incorporation— constitute towns, boroughs, cities and counties,, and shall have all other powers necessary for the le gislature of a free State : but they shall have no power to add to, alter, abolish, or infringe, any part of this constitution. And for this present year, the merabers of the General Assembly shall be chosen on the first Tuesday of March next, and shall meet at the raeeting house, in Windsor, en the second Thursday of March next.* * The constitution, as established on the 2d of July, 1 777, provided that the first elec tion should be holden in December, and that the Assembly sliould meet in January, fol lowing- VV'p have before stated [page 80] that the constitution was revised at a subset quent meeting of the Convention. Probably, however, no alteration was made at this meeting, except in :the Sth section — postponing the .tipies for the election, and first raeet ing, of the members of the (ieneral Assembly. [See address of the Council of safety to the inhabitants Of Vermont, page 81.] 248 FIRST CONSTITUTION. SECTION IX. • A quorum ofthe house of representatives shaU consist of two thirds of ihe whole nuraber of raembers elected ; and having raet and chosen their speaker, shall, each of them, before they proceed tp business, take and subscribe, as well the oath of fidelity and allegiance herein after directed, as the following oath or affirmation, viz. / ' do solemnly swear, by the ever living God, (or, I do solemnly affirm in the presence of Almighty God) that as a member of this assembly, I will not propose or assent to any bill,vote, or resolution, which sluill appear to me injurious to the people ; nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge tlieir rights andprivileges, as declared in the Constitution of this State ; but will,in all things, conduct myself as a faithful, honest representative and guardian of the people, according to the best of my judgment and abilities. And each meraber, before he takes his seat, shaU make and subscribe the following declaration, viz. 1 do believe in one God, the Creator and Governor ofthe universe, the rewarderofthegoodandpunisheroftlie wicked. Arid I do acknowl edge the scriptures of the old and new testament to be given by divine inspiration, and men and profess the protestant religion. And no further or other religious test shall ever, hereafter, be required of any civil officer or magistrate in this State. SECTIOIV X. Delegates to represent this State in Congress shall be chosen, by ballot, by the future General Asserably, at their first raeeting, and emnuaUy, for ever afterward, as long as such representation shall be necessary. Any Delegate raay be superceded, at arfy tirae, by the Genercd Assembly ap pointing another in his stead. No man shall sit in Congress longer than twoyears successively, nor be capable of re-election for three years after wards ; and no person who holds any office in the gift of the Congress, shaU, ther^fter, be elected to represent this State in Congress. SECTION XI. If any town or towns shaU neglect or refuse to elect and send represent atives to the General Assembly, two thirds of the raerabers of the towns, that do elect and send representatives, (provided they be a majority of the inhabited towns ofthe whole State) when raet, shall have all the pow ers of the General Assembly, as fully and araply, as if the whole were present. SECTION XII. The doors ofthe house in which the representatives ofthe freemen of this State, shaU sit, in General Asserably, shall be and reraain open for the adraission of all persons, who behave decently, except only, when the welfare of this State raay require the doors to be shut. FIRST CONSTITUTION. 249 SECTION xiir. The votes and proceedings ofthe General Assembly shall be printed, weekly, during their sitting, with the yeas and nays, on any question, vote or resolution, where one third ofthe raembers require it ; (except ¦when the votes are taken by ballot) and when the yeas and nays are so taken, every member shall have a right to insert the reasons of his votes upon the minutes, if he desire it. SECTION XIV. To the end that laws, before they are enacted, may be more maturely considered, and the inconveniency of hasty determination as much as possible prevented, all bills of public nature, shaU be first laid before the Governor and Council, for their perusal and proposals of amendraent, and shall be printed for the consideration of the people, before they are read in General Asserably, for the last tirae of debate and amendment ; ex cept temporary acts, which, after being laid before the Governor and Council, may (in case of sudden necessity) be passed into laws ; and no other shall be passed into laws, until the next session of assembly. And for the more perfect satisfaction of the public, the reasons and motives for making such laws, shall be fully and clearly expressed and set forth in their preambles. SECTION XV. The style of the laws of this State shall be, — "Be it enacted, and it is hereby enacted, by the Representatives of the Freeraen ofthe State of Vermont, in General Asserably raet, and by the authority of the same." SECTION XVI. Iu order that the Freemen of this State might enjoy the benefit of elec tion, as equaUy as raay be, each town within this State, that consists, or may consist, of eighty taxable inhabitants, within one septenary or seven years, next after the establishing this constitution, iriliy hold elections therein, and choose each, two representatives ; and each other inhabited town in this State may, in like raanner, choose each, one representative, to represent thera in General Asserahly, during the said septenary or seven years ; and after that, each inhabited town may, in like raanner, hold such election, and choose each, one representative, forever thereafter. SECTION XVU. The Suprerae Executive Council of this State, shall consist of a Gov ernor, Lieutenant-Governor, and twelve persons, chosen in the following manner, viz. The Freeraen of each town, shall, on the day of election for choosing representatives to attend the G;eneral Asserably, bring in their votes for Governor, with his name fairly written, to the constable H 2 350 FIRST CONSTITUTION. who shall seal them up, and' write on them, votes forthe Governor, and deliver them to the representative chosen to attend the General Assem bly ; and, at the opening of the General Assembly, there shall be a com mittee appointed out of the Council, and Assembly, who, after being du ly sworn to the faithful discharge of their trust, shaU proceed to receive, sort, and count, the votes for the Governor, and declare the person who has the major part of the votes, to be Governor, for the year ensuing. And if there be no choice raade, then the Council and General Assembly, by their joint ballot, shall make choice of a Governor. The Lieutenant Governor and Treasurer^ shaU be chosen in the raan ner above directed ; and each freeraan shall give in twelve votes for. twelve councillors, in the sarae raanner ; and the twelve highest in nomi nation shall serve for the ensuing year as Councillors. The Council* that shall act in the recess of this Convention, shall sup ply the place of a Council for the next General Assembly; until the new Council be declared chosen. The Council shall meet annually, at the sarae tirae ajid place with the General Asserably ; and every member of the Council shall be a Justice of the Peace forthe whole State, by virtue of his office. SECTION XVIII. The Governor, and in his absence, the Lieutenant or Deputy Gover- or, with the Council — seven of whom shall be a quorum — shaU have power to appoint and comraissionate all officers, (except those who are appointed by the General Asserably,) agreeable to this frame of govern raent, and the laws that may be raade hereafter; and shall supply every vacancy in any office, occasioned by death, resignation, reraoval or dis qualification, until the office can be filled, in the time and manner direct ed by law or this constitution. , They are to correspond with other States, and transact business with officers of government, civil and militarj' ; and to prepare such business as may appear to them necessary to lay be fore the General Assembly. They shaU sit as judges to hear and deter mine on impeachraents, taking to their assistance, for advice only, the justices of the sujrerae court ; and shall have power to grant pardons, and rerait fines, in all cases whatsover, except cases of irapeachraent, and in cases of treason and murder — shall have power to grant reprieves, but not to pardon, until the end of the next session of the Asserably : but there shall be no remission or mitigation-of punishment, on impeach ments, except by act of legislation. They are also, to take care that the laws be faithfully executed. They are to expedite the execution of such measures as may be resolved upon by General Assembly ; and they may draw upon the Treasurer for such sums as may be appropriated by the House : they may also lay embargoes, or prohibit the exportation ofany commodity for any time, not exceeding thirty days, in the recess of the House only : they raay grant such licences as shall be directed by law, and shaU have power to caU together the General Assembly, when neces- * The Council of Safety ia here alluded to. FIRST CONSTITUTION. 251 sary, before the day to which they shall stand adjourned. The Govern or shall be coraraander in chief of the forces of the State ; but shall not comraand in person, except advised thereto by the Council, and then, only as long as they shall approve thereof. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any CounciUor raay enter his dissent, with his reasons to sup port it. SECTION XIX. All coraraissions shall be in the name of the freemen of tiie State of Vermont, sealed with the State seal, signed by the Governor, and in his absence, the Lieutenant Governor, and attested by the Secretary ; which seal shall be kept by the Council. SECTION XX. Every officer of State, whether judicial or executive, shall be Uable to be impeached by the General Assembly, either when in office, or after his resignation, or removal for mal-adrainistration. All impeachments shall be before the Governor or Lieutenant Governor and Council, who shall hear and determine the sarae. SECTION XXI. The supreme court, and the several courts of coraraon pleas of this State shall, besides the powers usually exercised by such courts, havefhe powers of a court of chancery, so far as relates to perpetuating testimo ny, obtaining evidence from places not within this State, and the care of persons and estates of those who are non compotes mentis, aud such other powers as raay be found necessary by future General Assemblies, not inconsistent with this constitution. SECTION XXII. Trials shaU be by jury; and it is recoraraended to the- legislature of this State to provide by law, against every corruption or partiality in the choice, and return, or appointraent, of juries. SECTION XXIII. All courts shall be open, and justice shall be impartially administered, without corruption or unnecessary delay ; aU their officers shaU be paid an adequate, but moderate, corapensation for their services ; and if any officer shall take greater or other fees than the laws aUow him, either di rectly or indirectly, it shaU ever after disqualify him from holding any jnffice in this State. 252 FIRST CONSTITUTION, SECTION XXIV. All prosecutions shall coramence in the name and by the authority of the freemen of the State of Vermont, and all indictments shall conclude with these words, " against the peace and dignity of the same." The style of all process hereafter, in this State, shall be,— The State of Ver mont. SECTION XXV. The person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bona fide, aU his estate, real and personal, for the use of his creditors, in such raanner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient securities, unless for capital offences, when the proof is evident or presumption great. SECTION XXVI. Excessive bail shall not be exacted for bailable offences : and aU fines shall be moderate. SECTION XXVII. That the General Assembly, when legally formed, shaU appoint times and places for county elections, and at such times and places, the free- m^ in each county respectively, shall have the hberty of choosing the judges of inferior court of comraon pleas, sheriff, justices of the peace, and judges of probates, coraraissioned by the Governor and Council, during good behavior, removable by the General Assembly upon proof of mal-administration. SECTION XXVIII. That no person, shaU be capable of holding any civil office, in this State except he has acquired, and maintains a good moral character. SECTION XXIX. All elections, whether by the people or in General Assembly, shall be by baUot, free and voluntary : and any elector who shaU receive any gift or reward for his vote, in meat, drink, monies or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as future laws shall direct. And any person who shaU, directly or indirectiy, give, promise, or bestow, any such rewards to be elected, shall, thereby, be rendered incapable to serve for the ensuing year. SECTION XXX. AU fines, licence raoney, fees and forfeitures, shall be paid, according fo the direction hereafter to be made by the General Assembly. FIRST CONSTITUTION. 253 SECTION XXXI. All deeds and conveyances of land shall be recorded in the town clerk's office, in their respective towns. SECTION XXXII. The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of governraent. SECTION XXXIII. As every freeraan, to preserve his independence (if without a suffi cient estate) ought to have sorae profession, calling, trade or farm, where by he raay honestly subsist, there can be no necessity for, nor use in, es tablishing offices of profit, the usual effects of which are dependence and servility, unbecoraing freeraen, in the possessors or expectants ; faction, contention, corruption and disorder araong the people. But if any man is called into public service, to the prejudice of his private affairs, he has a right to a reasonable corapensation ; and whenever an office, through increase of fees, or otherwise, becoraes so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature. SECTION XXXIV. The future legislature of this State, shall regulate entails, in such raan ner as to prevent perpetuties. SECTION XXXV. To deter raore effectuaUy frora the' coraraission of criraes, by continu ed visible punishraent of long duration, and to raake sanguinary punish- raents less necessary ; houses ought to be provided for punishing, by hard labor, those who shall be convicted of criraes not capital ; wherein the crirainal shaU be eraployed for the benefit of the public, or for reparation of injuries done to private persons ; and all persons, at proper times, shaU be admitted to see the prisoners at their labor. SECTION XXXVI- Every officer, whether judicial, executive or military, in authority un der this State, sliaU take the following oath or affirmation of allegiance, and general oath of office, before he enter on the execution of his office. The Oath or Affirmation of Allegiance. li I do solemnly swear by the ever living God, (or affirm in presence of Almighty God,) that I will be true and faith ful to the State q/" Vermont ; and that I will not, directly or indirectly, do any act or thing, prejudicial or injurious, to the constitution or gov ernment thereof, as established by Convention." 254 FIRST CONSTITUTION. The Oath or Affirmation of Office. " I do solemnly swear by the ever living God, (or affirm in presence of Almighty God) that I wiU faithfully execute the office of for the — <¦ of ; and will do equal right and justice to oilmen, to the best of my judgment and abilities, accord ing to law." SECTION XXXVII. No public tax, custom or contribution shaU be imposed upon, or paid by, the people of this State, except by a law for that purpose ; and before any law be raade for raising it, the purpose for which any tax is to be raised ought to appear clear to the legislature to be of more service to the community than the raoney would be, if not collected ; which being well observed, taxes can never be burthens. SECTION XXXVIII. Every foreigner of good character, who comes to settle in this State, having first taken an oath or affirmation of allegiance to the sarae, raay purchase, or by other just means acquire, hold, and transfer, land or other real estate ; and after one years residence, shaU be deeraed a free denizen thereof, and intitled to all the rights of a natural born subject of this State ; except that he shall not be capable of being elected a repre sentative, until after two years residence. SECTION XXXIX. That the inhabitants of this State, shall have liberty to hunt and fowl, in seasonable times, on the lands they hold, and on other lands (not en closed ;) and, in like manner, to fish in all hoatable and other waters, not private property, under proper regulations, to be hereafter made and pro vided by the General Assembly. SECTION XL. A school or schools shall be established in each town, by the legisltt- ture, for the convenient instruction of youth, with such salaries to the masters, paid by each town ; raaking proper use of school lands in each town, thereby to enable thera to instruct youth at low prices. One gram mar school in each county, and one university in this St-ate, ought to be established by direction of the General Assembly. SECTION XLI. Laws for the encourageraent of virtue and prevention of vice and im- raoraUty, shall be made and constantly kept in force ; and provision shall be raade for their due execution ; and all religious societies or bodies of men, that have or may be hereafter united and incorporated, for the ad vancement of reUgion and learning, or for other pious and charitable pur poses, shall be encouraged and protected in the enjoyment of the privi- FIRST CONSTITUTION. 255 leges, immunities and estates which they, in justice, ought to enjoy, un der such regulations, as the General Assembly of this State shaU direct. SECTION XLII. All field and staff officers, and coraraissioned officers of the army, and all general officers of the mUitia, shall be chosen by the General As sembly. SECTIO.V XLIII. The declaration of rights is hereby declared to be a part of the Con stitution of this State, and ought never to be violated, on any pretence whatsoever. SECTION XLIV. In order that the freedom of this Coramonwealth raay be preserved inviolate, forever, there shall be chosen, by baUot, by the freemen of this State, on the last Wednesday in March, in the year one thousand seven hundred and eighty-five, and on the last Wednesday in March, in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the council is chosen — except they shall not be out of the Coun cil or General Asserably — to be called the Council of Censors ; who shall raeet together, on the first Wednesday of June next ensuing their election ; the raajority of whora shall be a quorum in every case, except as to calling a Convention, in which two thirds of the whole number elected shall agree ; and whose duty it shall be to enquire whether the constitution has been preserved inviolate, in every part ; and whether the legislative and executive branches of government have perform ed their duty as guardians of the people ; or assuraed to themselves, or exercised, other or greater powers, than they are entitled to by the con stitution. They are also to enquire whether the public taxes have been justly laid and collected, in aU parts of this Commonwealth — in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers and records : they shall have authority to pass public censures — to order impeachments, and to recommend to the legis lature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. These powers they shall continue to have, for and during the space of one year from the day of their election, and no longer. The said Council of Censors shall also have power to call a Convention, to raeet within two years after their sit ting, if there appears to them an absolute necessity of amending any ar ticle of this constitution which raay be defective — explaining such as may be thought not clearly expressed, and of adding such as are neces sary for the preservation of the rights and happiness of the people; but the articles to be araended, and the araendraents proposed, and such arti cles as are proposed to be added or abolished, shall be proraulgated at least six raonths before the day appointed for the election of such con vention, for the previous consideration of the people, that they raay ha^-n an opportunity of instracting their delegates on the subject. JOURNAL OF THE GENERAL ASSEMBLY OF THE STATE OF VERMOJ^T, MARCH, 1778. State op Vermont — Windsor, Thursday, March 12, 1778. The Representatives of the freeraen ofthe several tovms in this State, met at the raeeting house in said Windsor, agreeable to the Constitution, and formed themselves into a House.* The Assembly then chose Capt. Joseph Bowker, Speaker of the House, and Major Thomas Chandler, Clerk. After the House was formed, the Reverend Mr. Powers preached a serraon on the occasion, frora the 28th chapter of Matthew, 18th verse. Divine service being ended, proceeded, agreeable to the Constitution of this State, and chose a coraraittee of twelve to receive, sort and count the. votes for Governor, Deputy Governor, Treasurer, and twelve Council lors. Coraraittee chosen. Col. Thoraas Chittenden, Capt. Joseph Bow ker, Col. Tiraothy Brownson, Capt. Ira Allen, Col. Peter Olcott, Col. Joseph Marsh, Deacon Benjarain Eraraons, Doct. Jonas Fay, Doct. Paul Spooner, Major Thoraas Chandler, Major Jereraiah Clark, and Col. Ja cob Kent, and sworn to a faithful discharge of their trust. Votes being called for a Governor, Col. Thomas Chittenden was elected, by a great raajority of votes. Votes for a Deputy Governor being called for, when there was no per son chose by a raajority of the suffrages of the freeraen (by eleven votes ;) then this Asserably, by ballot, raade choice of Col. Joseph Marsh for Deputy Governor. After the choice was raade, there was brought in fif teen votes for Col. Marsh, which, if they had corae before, he would have been chosen, by a raajority of the suffrages ofthe freeraen, at large- Votes for a Treasurer being called for, no person chose by a raajority of suffrages of the freemen ; when this Assembly, by ballot, made choice of Ira Allen, Esq. as Treasurer. * A list ofthe Representatives was not entered in the journal, and is not to be found 12 258 JOURNAL OF THE Votes called for Councillors, when the following were chose, by the .suffrages of the freemen, viz : Joseph Bowker, Benjamin Carpenter, Jacob Bayley, Jeremiah Clark, Jonas Fay, Ira Allen, Timothy Erownson, Thomas Moredock, Peter Olcott, John Throop, Paul Spooner, Benjamin Emmonds. Asserably adjourned until to-morrow morning, eight o'clock. Friday, March 13, 1778. Assembly raet according to adjournraent. Voted, that a coraraittee of two be chosen, to return the thanks of this House to the Rev. Mr. Powers, for his serraon, preached at the opening of this present session, and desire a copy thereof, for the press. Com mittee chosen. Col. John Barret and Mr. John G Bailey. Voted, that Nathan Clakk, Esq. be, and is hereby, appointed Spea ker, pro tempore. Voted, that Ebenezer Curtis be, and is hereby, appointed Clerk, pro tempore. Adjourned until two o'clock, afternoon. Asserably met according to adjournment. Voted, that Mr. Gideon Cowle be, and he is hereby, appointed to at tend this House as a Constable. Voted to accept John W. Dana, as a meraber of this House, The Governor, Deputy Governor, Treasurer, and Council, sworn to their several offices. Voted, that leave be given to any person to contribute to the Rev. Mr. Powers, for his services on the 12th March inst. Voted, that the Hon. Joseph Bowker, Esq. be, and he is hereby, ap pointed to receive said contribution, and deUver the same to the Rev. Mr. Powers. Collected by said contribution, the sum of ten pounds, lawful raoney. Voted, that Major Thomas Chandler be, and he is, appointed Secre tary for this State, fbr the ensuing year— rwho accordingly took the neces sary oaths, to qualify him for that office. The Hon. Joseph Bowker, Esq. Speaker of this House, being chosea a Councillor : Voted that Nathan Clark, Esq. be, and is hereby, ap pointed Speaker of this Assembly, the present year ; who was accord ingly sworn. Voted, that Benjamin Baldwin be, and he is hereby, appointed Clerk of this Assembly, for the present year ; who was accordingly sworn to said office. Voted, Mr Joshua Tuck have liberty to return home. Voted, that Mr. Joshua Webb have leave of absence, until Tuesday next Voted to choose a committee out of the Asserably and Council, to wait on the coraraittee from the east side of Connecticut River : — com- GENERAL ASSEMBLY. 259 mittee chosen frora the House, Col. Barrett, Capt. John Fassett, Doct. Reuben Jones, and Capt. Curtis ; from the CouncU, Doct. Jonas Fay, Capt. Ira Allen, and Col. Peter Olcutt. Asserably adjourned until eight o'clock, to-morrow raorning. Saturday, March 14, 1778. Asserably raet, according to adjournment. Voted, that Doct. Reuben Jones bo, and is hereby, appointed an assis tant Clerk, to this Assembly. ' Voted, that Doct. King be, and is hereby, appointed an assistant Clerk to this Assembly. Voted, that Thoraas Jewel, Deacon Edward Aikins, Thoraas RoT^ley and Jacob Burton be a coraraittee to draw up, or make, some rules for the regulation of this House. Voted, that Moses Johnson be disraist this House. Voted, that John W. Dana, Esq. have leave of absence until Tuesday next. Voted, that Mr. Gallop have leave of absence, until Monday next. Adjourned until two o'clock, afternoon. Met according to adjournment. Voted, that the Governor eind Council, or a coraraittee- by them ap pointed, out of their number, to adjust the accounts between this State and the Rangers raised by thera, and others that have been out, in de fence of their country, belonging to this State, where any act of Conven tion or Council is pledged to them for their service ; rendering an account to such auditor or auditors, as shall be appointed by this House for that purpose ; and that an order be given to draw money out of the Treas ury of this State, for that purpose. Voted, that the petition of Capt. Leonard Spaulding be disraist, or flung out. Voted, that Mr. Thoraas Cooper have leave of absence, until Tues day next. Asserably adjourned until Monday next, eight o'clock in the forenoon. Monday, March 16, 177S. Asserably met, according to adjournment. Voted, that the petition of Joseph Hatch and others, remain on file. Voted, that the petition of Capt. Abner Seelye, lies upon file. Voted, to send a request to his Excellency the Governor and Council, to prepare a bill, or draught of regulating the railitia, and a raode for the defence of the frontiers, and raeasures to supply the Treasury of this State. Voted, that a committee, to prepare a bill to regulate attornies, be dp- pointed. Coraraittee chosen, Capt. Coffin, Mr. Rowley, Ensign HeuTis, Mr. Alverd and Mr. Jewel be the coraraittee to make said bUI. Voted to adjourn until two o'clock, afternoon. 260 JOURNAL OF THE Asserably met according tp adjournraent. Asserably adjourned until to-morrow morning, eight o'clock, Tuesday, March 17, 1778, Assembly met according to adjournment. Voted, that the petition of Mr. Ebenezer Hosington lie upon file, till sorae future opportunity. Voted, that there be but two regiments in this State, on the west side of the range of Green Mountains, at present. Voted, that the north Une of Arlington and Sunderland, shall be the division Une between the two regiraents as aforesaid. Voted, that the south regiment, on the east side of the mountains, ex tend north, to the south line of Rockingham, Tomlinson and Kent ; that the second regiraent extend north, to the south line of Norwich, and that the third regiraent extend to Canada line, so called. Voted, that the report of the coraraittee, relative to providing attornies for the county courts, regulating their fees, &c. be accepted. Voted, to accept the bill presented to the House of Representatives by his Excellency the Governor and Council, describing the boundaries of the county, on the west side of the raountains. Voted, that the bill presented to this House by the Governor and Council, be altered, and, in the place of " New Harapshire west Une," insert the west bank of Connecticut River. Voted, that Col. John Barrett, Mr. Thoraas Rowley, Col. Jacob Kent, Lieut. Thoraas Jewett, and Mr, Elijah Alverd, be a coraraittee to appoint the several shire towns in this State. Asserably adjourned until two o'clock, afternoon. Assembly raet, according to adjournment. Voted to accept the bill presented to this House by the Governor and Council, prescribing the boundaries of the county on the east side of the mountEuns, with the alteration as above. Voted, that the County on the west side of the range of green moun tains be, hereafter, styled and known, by the name of Bennington. Voted, that the county, on the east side of the range of green moun tains, be hereafter, styled and known by the narae of Unity. Voted, that there be four probate districts, in the county of Benning ton. Voted, that there be four probate districts, in the county of Unity. Voted, that Mr. Brewster, Col. John Barrett, Col. Kent, Mr. Alverd and Lieut. Orrasby be a committee to draw the Unes between the probate districts, and also, to appoint places for the representatives of each town to meet, to count the votes of the county elections. Voted, to postpone acting any tiling concerning filling up Col. Seth Warner's regiraent, until to-raorrow raorning. Mr. Ebenezer Hosington desired thatthe House of Representatives would give their opmion, whether they would act, or do, any thing, re specting some old iron, lately brought from Mount Independence, by en eraical persons to the American cause, that fell into his hands by virtue GENERAL ASSEMBLY. 261 of a coraraission of sequestration ; which being put to vote, passed in the negative. Voted that the county elections be held on the first Wednesday of June next. Assembly adjourned until to-morrow raorning, eight o'clock. Wednesday, March 18, 1778. Asseraby met, according to adjournment. The petition of Watts Hubbard, of Windsor, praying that he might be released from the confineraent he sorae tirae had been subjected to, for eneraical conduct ; which being put to vote, was disraised, for the present. The act for providing, altering, regulating and mending, highways, with the exceptions presented to this House by the. Governor and Coun cil, was put to vote, and passed in the negative. Voted, that Nathan Clark, Esq. Capt. Curtice and Major Fletcher be a coraraittee to prepare a hill for providing, altering, regulating, and mending, highways. Voted, that Capt. John Fassett be Speaker, pro tempore. Voted to accept the report of Coraraittee appointed to prefix the lines of the probate districts. Voted, that the proposals and prelirainaries exhibited to this House by a coraraittee representing a number of towns on the New-Hampshire Grants, east of Connecticut river, relative to forraing a union between said Grants and this State, be laid before the people of this State, at large, ¦ for their consideration and deterraination.* Assembly adjourned until three o'clock in the afternoon. Asserably raet, according to adjournraent. Voted, that the style of the Governor of this State be. His Excellency. Voted, to concur with the Governor and Council, relative to the time and place, when and where to adjourn this Asserably, whenever they think proper to adjourn. Voted to adjourn this House till eight o'clock to-raorrow raorning. Thursday, March 19, 1778. Assembly met, according to adjournraent. Voted, that the Council do take the express (sent from Capt. Sawyer in Clarendon) into consideration, and report thereon to this House. Voted to give Mr. John Payne and others, specified in a petition, pre sented to this House by said Payne, the refusal of the land, as specified in said petition, with the restrictions, and on the proposals, therein raen tioned. Voted, to allow Lieut. Elisha Hawley, continental pay as a subaltern, fifteen days, for his services at Tyconderoga. Voted, that the Treasurer be bound of ten thousand pounds, lawful raoney, with sufficient sureties. * bee page 89. 262 JOURNAL OP THE Voted, to choose three men as a conuaittee, to adjust all accounts un der ten pounds. Voted, that Col. John Barret, Capt. Ebenezer Curtiss and CoL Jacob Kent be the above committee. Voted to accept the report of the committee, rektive to prefixing the place for holding county elections. Voted, that the several towns in this State shall meet, to give in their votes for judges ofthe inferior courts, judges of probate, high sheriff, &c. on the second Thursday of April next. Voted, to send the order presented to this House, by the Governor and Council, to Captains Ebenezer Allen, Isaac Clark, and Thomas Sawyer. Voted, that Mr. Thomas Tiittie be dismissed frora this House, for the present, to forward the express to Capt. Ebenezer Allen, &c. Voted, to dismiss Daniel GUbert from this Asserably, for the present, for certain reasons, &c. Asserably adjourned until two o'clock, afternoon. Asserably raet, according to adjournment. Voted, that a coraraittee be chosen to appoint a day for annual town meetings, for choosing town officers. \'oted, that Capt. Curtiss, Mr. Ebenezer Harris and Capt. John Fas sett be a committe for the purposes aforesaid. Voted, to petition the Governor and Council, whether they would do any thing relative to persons which have been to the eneray and have re turned. .Asserably adjourned untU to-raorrow morning, eight o'clock. Friday, March 20, 1778. Asserably raet, according to adjournment. Voted the act of affirraation for Quakers. Voted, to provide a surgeon for Captains Allen and Clark's companies. Voted, that Doct. Jacob Ruback be the surgeon for the purpose afore said. Voted, that those raen that enlisted under Captains Allen and Clark, should have ten dollars as a bounty, in lieu of double rations. Voted Col. Peter Olcutt trustee of the loan office. Voted, to appoint one Brigadier General in this State. Voted, Seth Warner, Esquire, be, and is hereby, appointed Brigadier General. Voted, to appoint a Brigade Major for this State. Voted, that Major Sarauel Fletcher be, and is hereby, appointed a Brigade Major. Voted, that the Representatives be allowed three dollars per day, frora the tirae they left home until the House adjourns, and four pence per mile for horse travel. Voted, that the Councillors be aUowed the same wages as the Repre sentatives. Asserably adjourned, until two o'clock, afternoon. GENERAL ASSEMBLY. 263 Asserably met, according to adjournment. Voted, that the petition signed Reuben Jones, in behalf of himself and others, be received on file. Voted, that Captain Gallop have leave of absence until to-morrow noon. Voted, to appoint overseers to take care of tbe timber on the Govern or's lots, and other lots that are not under the immediate cai-e of the gran tees, or any holding under thera. Voted, that Mr. Alverd, Ensign Harris and John Winchester Dany, Esq. be a committee to prepare a bill to lay before this House, for the preservation of timber, &c. Voted, that the petition signed Jonathan Darby, lie upon file, for the present. Voted, to give his ExceUency the Governor, the sura of fifty pounds, as a salary, for the time since he came frora home, mitil the next session of this Assembly.- The petition of John Barnes, John Newton and Benjarain Baldwin, relative to obtaining liberty to make a lottery, after being read and debat ed, was put to vote, and passed in the negative. Voted, to grant the request of Mr. Moses Sage. Voted, to take into consideration an act relating to tories. Voted, to appoint five persons as a committee to prepare a bill relative to tories. ¦ Voted, that Col. John Barrett, Lieut. Thomas Jewett, Major Samuel Fletcher, Mr. Elijah Alverd and Ensign Harris, be the above coraraittee. Passed the highway act. Voted, that Lieut. Joseph Safford have leave of absence, on reasons offered to this House. Assembly adjourned untU to-raorrow raorning, «ight o'clock. Saturday, March 21, 1778. Asserably raet, according to adjournment. Voted, to adjourn to Mr. Coles. Asserably met, according to adjournraent, at Mr. Coles. Voted, that it is the opinion of thfe Asserably, that the persons that col lected arras at Hubbarton, the suraraer past, and deUvered them to the Council of this State, be honorably rewarded, and not to be paid the fuU value of said arms. Voted, that the first class of tories, described in the report of the com mittee concerning eneraicEd persons in the town of Bennington, be com mitted to close confinement ; that the second and third classes, mention ed in said report, b3 disposed of, by Capt. Samuel Robinson, (who is .their overseer, for the time being,) taking the advice of any three raera bers of this Asserably. Voted, that Mr. Tiraothy Bartholoraew have leave of absence, at four o'clock this afternoon, for certain reasons he mentioned. The petition presented to this House by Benjarain Baldwin, in be half of himself and the inhabitants of Mooretown, after being read and debated, was voted to receive the same on file. Assembly adjourned until two o'clock, afternoon. 5l64 JOURNAL OP THE Assembly met, according to adjournraent. The petition of Nathan Clark, in behalf of himself and others, being read, was voted to be received on file. Voted the recommendation relative to keeping the Lord's day and other religious duties, presented by Doct. Jones, in the affirmative. Voted, that Col. Barret, Capt. Curtiss and Mr. Elijah Alverd, be a coraraittee to inspect the bill frora the Governor and Council, and report their opinion fo this House. A biU being presented to this House, by the Council, relative to raising raen to fill up Col. Seth Warner's regiraent; which, being read and de bated, was put to vote, and passed in the negative. A bill being presented to this House, by the Council, relative to es tablishing the coraraon law as the law of this State ; which, being read and debated, was put to vote, and passed in the affirraative. Voted, to re-consider a vote passed this House, relative to naraing the county on the east side of the Green Mountains, "Unity." Voted, that the county on the east side of the Mountains, be, hereafter, called and known by the narae of Cumberland. The bill presented to this House, being read and debated, was put to vote, and passed in the affirraative. Voted, that Doct. King have leave of absence. Assembly adjourned until Monday next, eight o'clock in the morning, at the raeeting-honse. Monday, March 23, 1778. Assembly met, according to adjournment. Voted, that Maj. Samuel Fletcher, Lieut. Thoraas Jewett and Capt. John G. Bayley, be a committee to devise raeasures for the raising raen to defend the frontiers of this State, either by filUng up Col. Warner's regiment, or otherways. Voted, that Capt. Jonathan Fassett and Deacon Edward Aiken be ad ded to the foregoing coraraittee. Voted, to excuse and release Col. Olcott from being trustee of the loan office, the ensuing year. Voted, to receive the petition of Abraham Jackson and others, on file, for future consideration. Voted, that Capt. Thomas Rowley, Nathaniel Robinson, Esq. and Col. Jacob Kent, be a coraraittee to prepare a bill for the purpose of pre venting some individuals catching all the fish that pass and repass up and down White River, so called. Votfd, to accept the first paragraph of the UstbiU. Voted, to accept the second do. do. Voted, to accept the third do. do. Voted, to accept the fourth do. do. Voted, to accept the fifth do. do. Voted, to accept the sixth do. do, Voted, to accept the seventh do. do. Voted, to accept the eighth do. do. »ENERAt A9SI;MBLY. 265 Voted, to aceept 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. Voted, to accept the fifteenth do. without the amendment. Voted, to accept the sixteenth do, do. Doct. Reuben Jones dissentinent. Voted, to accept the seventeenth 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. 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 bonds, notes and obligations on interest, clear of debt, with cash on hand, be taxed in like raanner with other articles in this bUl. Asserably adjourned until three o'clock in the afternoon. Assembly met, according to adjournment. The report of the coraraittee appointed out of this House, to devise measures for raising raen to defend the frontiers, by filling up Col. War ner's regiment or otherwise ; which, being read and araended, was put to vote, and passed in the affirraative. 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. John Smith and Mr. Alverd, be a coraraittee to forra a plan, prescribing ia what manner, or what measures to take, to raise the men above raeilr tioned. A biU was presented to this House by the CouncU, 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 affirraative. Assembly adjourned until to-morrow morning, eight o'clock. Tuesday, March 24, 1778. Assembly raet, according to adjournraent. Voted, that the raen voted to be raised by this State, yesterday, be an- ¦^nexed to Col. Seth Warner's regiraent. K2 26d^ JOURNAL OF THE Voted, that tbe line between Bennington and Rutland shires, be the north line of Dorset and Tinraouth. > 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 sorae tory land, on certain conditions therein mentioned. Asserably made choice of Gen. Jacob BaUey, first judge, Mr. Jacob Burton, second, Mr. Williara 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, Hubbel Wells, Esq. third. Deacon Hezekiah Thorason, fourth, and Nathaniel Robinson, Esq. fifth, judges for the shire of Westrainster ; — Major Jereraiah Clark, first, Capt. Sarauel Rebinson, second, Lieut. Martin Powel, third, Capt. John Fassett, jun. fourth, and Lieut. Thoraas 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. Asserably adjourned until two o'clock, aftarnoon. Asserably met, according to adjournment. Voted the act for regulating town raeetings. Voted the act relative to catching fish in White River. Voted, to submit tbe drawing the lines of defence, in the northern de partment, 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, tbe Deputy Governor, have the same wages, per day, as a CounciUor. Voted, to accept the report of the coraraittee relative to raising the troops in this State. V oted, to postpone the county elections for the present. Voted, that Capt. Curtis, Mr. Cephas Kent, and Ensign Hai-ris, be a committee to form a bill, in what manner and form to elect the probate judges. Voted, that Capt. John Sraitii and Capt. John Coughran, have leave of absence for the present. Asserably adjourned until to-raon-ow raorning, eight o'clock. Wednesday, March 35, 1778. Asserably raet, according to adjournment. Voted, to allow the Secretary of this State, three times as much fees, for all business that he does, or raay perform, except for raeraorials or petitions to the General Assembly, and he shall not be entitied to more fees for the petitions to this Assenlbly, 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 GENERAL A8SEMBLV. 267 month. , Also, the sarae addition shall be raade 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 Noveraber next. oted, to accept of the - report of the coraraittee relative to electing probate courts. Passed the bill irapowering the Governor and Council to confer with the coraraander in chief, and to draw such lines of defence as they shall judge proper. • oted, to accept the report of the coraraittee 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. V oted, to pass the railitia bill, presented to this House by the Council, into an act of this Asserably. 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 raorning, six o'clock. Thursday, March 26, 1778. Assembly met, according to adjournraent. Voted, that the Governor and Council be, and are hereby, irapowered , 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. Voted, that the bill presented to this House by Lieut. Gov. Marsh, be postponed until the next session. oted, 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 biU irapowering the Council to dispose of tory estates, and put the raoney into the treasury of this State. Passed an act for the punishing high treason and other atrocious criraes, as said act stands in the Connecticut law book. Passed an act against treacherous conspiracies, as said act stands in the Connecticut law book. V oted, that Capt. Thoraas Rowley, Capt. John Fassett, and Lieut. Gideon Orrasby, 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 raay be. V oted, that Capt. Curtiss, Doct. Arasden and Mr. Alexander Harvey, be a coraraittee to copy such of the-proceedings of this Asserably, as are necessary for the inhabitants to know, at present, and furnish each town in the county of -Curaberland, with one copy of each, as soon as raay be. V oted, that Col. Baixett, Ensign Harris and Mr. Alverd, be a com mittee to make alterations in the marriage bill : — the above vote is recon sidered. 268 JOURNAL OP THE Voted, to accept of the report of the coraraittee appointed to adjust the accounts of the representatives, sheriff, and constable, for this ses sion. V oted, that an order he given on the Treasury, to pay the representar tives, &c. agreeable to said report. \ oted, that the^ sheriff and constable be allowed fifteen shillings per day, each, for their attendance. . \ oted, that his ExceUency the Governor and Council be impowered to choose a coraraittee ont of their own body, to prepare matters to be laid before this House, at their next session. V oted, to adjourn this Asserably, untU 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 adjournraent from Windsor, the 26th of March last ; and opened in forra. V oted, that Col. John Barret be, and is hereby, appointed Clerk, pro terapore. -' Asserably adjourned, untU to-morrow morning, eight o'clock, then to meet at the meeting-house. Friday, June 5, 1778. Assembly raet, according to adjournraent. A oted, that the Rev. Mr. Dewey be presented with the corapUraents of this House, to desire him to pray with this Assembly, at their opening in the raorning, for this present session. Assembly adjourned, until two o'clock, afternooui Assembly raet, according to adjournraent. V oted, to accept the prayer of WUliam Haviland's petition, and that a coraraittee be appointed to exaraine into the premises contained m said petition, and make report to this House. • A oted, that Capt. John Fassett, Mr. John Burnham and Mr. Jonathan Waldo, be a coraraittee for the above purpose. Voted, that the petition of the inhabitants of Pownall, be taken into «SENERAi ASSEMBLY. 269 consideration, and that a coraraittee be appointed to report tbeir opinion concerning the sarae. Coraraittee chosen, — ^Lieut. Jewett, Capt. John Fassett and Ensign Harris. V^oted, to take into consideration the difficulties attending the fishery , in White River. Voted, that the special courts appointed in the several ^hires 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, 177 S, Asserably raet, according to adjournment. Passed an act permitting gates to be erected on the Albany road, in Pownall. . oted, that the petition presented to this House by David Redding,t be taken into consideration; and that a coraraittee of five be appointed to prepare a bill, in consequence of said petition, &c. Comittee chosen, Mr. Webb, Mr. Alverd, Capt. John Fassett, Ensign Harris and Major OUn. Asserably adjourned, until two o'clock, afternoon. Asserably met, according to adjournment. A oted, that the petition of William HavUand be withdrawn. ' ^ Asserably adjourned', until next Monday morning, eight o'clock. * ¦• yyuhin the meaning of an act," will make this vote intelligible. f It spi ms that D'lvid Redding had been convicted of ^' enemical conduct,'" and seo^ tenced to be executed on the Ath day of June. The curi 'sity whicb, not much to the honor of human nature, has ever been manifested on such occasions, was, on thli.. greatly heightened by the fact, that a public execution had nevpf been witnessed io Vermont. To this curiosity, was added the strong feeling of indignation which suck a crime was calculated to excite, at that period. Under the intluence of these feelings, a vast multitude collected to witness the execution- In the mean time, however, the learned Council had discovered an important defect' in the pro ceedings Redding haij been tried by a'jury of siac only ; and it was very unfortunately discovered, th'dt this wan contrary to the common taw of Great Britain, which required ' the verdict of twelve. Applicttion was immediately made to the Gi-vernor and Council for a reprieve, until a new trial could be had Th^ reprieve was granted| at the moment the anxious throng were collecting lo witness the execution. With such a multitude, and on such an occasion, it was in vain to reason, or talk of the rights of Englishmen Thoy had all pronounced the culprit ;;uilty, and were not in a •ondition to underst md upon what principle the verdict o> the nhole community could be eefe aside, with so little ceremony While they were agitated with mingled emotions of disappointment and indignation, Ethan Allen, suddenly pressing through the crowd, as- «ended a stump, and waiving his hat — exclaiming — ** aUention the nhaW — proceeded to announce the reasons which produced the reprieve, — advised the multitude to depart peaceably to their habitations^ and return on the day fixed for the execution, in the act iof the Governor and Council ; — adding, with an oath, — ' You shall see tomcbody hung at all events, foril Redding is oot then hung, 1 will be hung myself!" Upon this assurance, the uproar ceased, and the multitude dispersed. Bedding was again tried on the 9th flf June, and executed on the eleventh. The foregoing anecdote has been often related to the editor by those who were eyewit nesses of the scene ; and accords too well with the spirit of the times, and the well known abaracter of Ethan Allen, to leave a doubt of its authenticity,' ^ See the act of tbe Governor and Cauocll, page 239. 270 JOURNAL OF THE Monday, June B, 177%. Assembly met, according to adjournraent, V oted, that Col, .Ijd^n Barrett be, and is hereby, appointed an assistant Clerk. '-. oted, to forra a biU for the regulating the Sabbath, and that a cora raittee 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 coraraittee. \ oted, to give a premiura for the destruction of wolves ; and that a coraraittee of three be appointed to prepare a biU 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 raorning. Tuesday, June 9, 1778. Asserably raet according to adjournraent. "V oted, that Mr. Elijah 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. Coraraittee chosen — Mr. Simeon Hathaway, Mr. Jonathan Waldo, and Capt. Samuel Robinson. \ oted, that Doct. Jacob Kuback's petition be taken into consideration. Assembly adjourned until two o'cleck, afternoon. Asserably met, according to adjournment, and adjourned until to-morr row raorning, eight o'clock. Wednesday, June 10, 1778. Asseraby raet, according to adjournment. Voted, that Doct. Samuel King have leave of absence. Voted, that there be a coraraittee appointed to count the votes, or raake a Ust of those towns that voted for the union. Voted, that Col. Barret, Capt. Ira AUen and Col. Peter Olcott, be tiie committee, for the aforesaid purpose. Assembly adjourned untU two o'clock, afternoon. Asserably met, according to adjournraent. Voted, to take a vote Of the Asseq^blyat eight o'clock, to-mon-ow morning, respecting the union. Asserably adjourned until to-morrow morning, «ight o'clock. GENERAL ASSEMBLY. 271 Tliursday, June 11, 1778. Assembly met, .according to adjburnment. V oted, that the union takes place thirty-seven in the affirraative 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. 1 oted, that the request of General Stark, to raise a subaltern and twenty raen, 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. 'v oted, that their wages be four-pounds per month. ^' oted, that a coraraittee of three be appointed to adjust Doct. Dick enson's account against this State. Coraraittee chosen — Doct. Arasden, Capt. Curtiss and Capt. Rowley. Asserably adjourned untU five o'clock, afternoon. Asserably raet, according to adjournraent. V oted, that a coraraittee of three be appointed to forra a bill to lay be fore this House, relative to raising the raen to guard the stores, &c. Committee chosen — Col. Barret, Ensign Hsu-vey and Mr. Alexander Harvey. Voted, to receive WiUiam Milieu'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 coraraittee 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 coraraittee of five be appointed to look into the affair of GUes Alexader's petition. Coraraittee chosen — Major Shepherdson, Col. Carpenter, Col. Samuel Fletcher, Capt. Sarauel Robinson and Capt. Curtis. Asserably adjourned, until eight o'clock, to-raorrow raorning. Friday, June 12, 1778. Assembly met, according to adjournraent. Voted, that a coraraittee of three be appointed to di-aw instructions for the coraraitte appointed to look into Giles Alexander's petition. Committee chosen — Maj. Olin, Col. Barrett and Mr. Alexander Haryey. Voted, in the House of Assembly, with the advice ofthe Council, that one hundred men, out of Col. Beadle's regiment, be sent to guard the frontiers, the west side of the raountains. 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-. Asserably adjourned, until two o'clock, afternoon. * See page 89, &c. 272 JOURNAL OF THE Asserably raet according to adjournraent. Voted, to take Capt. Sarauel Robinson's petition into consideration. Voted, that Mr. Thoraas Tuttie be expeUed this House. Voted, that Mr. Siraeon Chandler retain or keep his seat in this House-. ' V oted, to take into consideration the petition of Col. Warren, and that a coraraittee of three be appointed to look into said petition. Com mittee chosen John Fassett, Esq. Doct. Arasden and Capt. Curtiss. V oted, that Capt. Curtiss be a coraraittee to wait on his Excellency, with Col. Warren's petitition. V oted, that Capt. Sraith's petition be taken into consideration, and that a coraraittee of three be appointed to look into the prayer of said petition and report to this House. Coraraittee chosen— Mr. Moses Rob inson, Martin Powel, Esq. and Mr. Ebenezer Hurlburd. \ oted, to take Col. Ethan Allen's petition into consideration. Asserably adjourned until eight o'clock, to-raorrow morning, Saturday, June 13, 177s. - Asserably raet, according to adjournraent. V oted, that the coraraittee appointed to look into the affair of Giles Alexander's petition, meet at Mr. Elijah Alverd's, in Wilmington,.on the second Thursday of Septeraber next. Capt. John Maston took his seat in this Asserably. V oted, that a coraraittee of five be appointed, to prepare a biU, relative to raising troops to guard the frontiers, and lay the sarae before this House. Committee chosen — Col. Barrett, Jonathan Fassett, Esq. John W. Dana, Esq. Capt. Curtiss and Capt. Thoraas Rowley. Voted, to take Joseph Marsh's petition into consideration. Voted, that Col. Ethan Allen's petition be granted. Voted, that Maj. Olin apply to the Governor and CouncU for direc tions, relative to the support of tory faraUies, for the fiiture. V oted, that a coraraittee of three be appointed, to prepare a bill to lay before this House, setting forth how the several towns shaU be supplied with gun-powder, lead, flints, &c. Coraraittee 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 adjournraent. Voted, that one sixth part of the railitia, south of Danby and PoUet^ be iramediately sent to guard the frontiers of this State. V oted, that a coraraittee of three be appointed, to take Doct. Ru- back's petition into consideration, and report to this House. Coraraittee chosen Mr. Webb, Capt. Curtiss and Maj. Olin. \ oted, that Capt. Jonathan Fassett have leave of absence, until Mon day next, — and Capt. John Fassett have leave of absence, until Mon- day next. ? > oted, to take Capt. C lark's petition into consideration, on Monday next, two o'clock, P. M. GENERAL ASSEMBLY. 273 Assembly adjourned until Monday next, eight o'clock in the forenoon, Monday, June 15, 1778. Assembly met, according to adjournraent. 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 coraraittee of three be appointed, to draw instructions to the coraraittee on the petition of Daniel Sraith. Coraraittee chosen — Capt. Rowley, Col. Strong and Mr. Jackson. Asserably adjourned until two o'clock, afternoon. Assembly met, according to adjournraent. 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 Dartmouth, 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 CoUege 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. Coraraittee chosen — Col. Barrett, Capt. Curtiss and John Fassett, Esq. Assembly adjourned until eight o'clock, to-morrow raorning. Tuesday, June l6, 1778. Asserably met, according to adjournraent. Voted, that a coraraittee 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 tiraber in this State, fit for masting, &c. Coraraittee chosen — Esq. Robinson, Capt. Kent, Col. Strong, Col. Barrett and Capt. Curtiss. Asserably adjourned, untU two o'clock, afternoon. Asserahly met, according to adjournment. Voted,- to proceed in coimty elections, iraraediately. Voted, that a coraraittee of four be appointed to apply to the Governor and Council for direction and information, relative to Capt. Clark's peti tion. Committee chosen — Ensign Harris, Mr. Webb, Capt. John 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 adjournraent. Voted, that the foUowing persons, viz : — John Shepherdson, Esquire, Stephen Tilden, Esq., Hezekiah Thomson, Esq., Col. Sarauel Fletcher and Mr. Joshua W^b, be, and they are hereby, appointed judges of a special court, in the shire of Westminster. ' Voted, that Deacon Smalley, Deacon John Burnet, WUliara Heaton, Esq., Mr. Benjarain Baldwin and Reuben Foster, Esq., be, and they are hereby, appointed judges of a special court, for the shire of Newbury. Voted, that Sarauel Robinson,, Esq., Martin Powell, Esq., John Fas sett, E?q., 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 Alien, 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 raaker, and raake report what pre mium they shall judge ought to be given to said M'Connel, if he will set up the above manuf£u;tory in this State. Committee chosen-i-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 thera, at their last session. Voted, that a committee of three be appointed to adjust the Represen tatives' accounts. Coraraittee chosen — Col. Barrett, Capt. John Fassett and Capt. Curtiss. Voted, that Col. Ethan Allen, Nathan Clark, Esq., Mr. Joseph Brad ley, Mr. Reuben Harraon and Joseph Fay, Esq. be the officers pursuant to Col. Ethan Allen's request. Assembly adjourned until to-raorrow raorning, eight o'clock. Tliursday, June 18, 1778. Assembly met according to adjournment. Voted, thatthe petition, signed Joseph Bowker and others, be received on file, and to be taken into consideration, sorae future tirae. Voted, that Col. Peter Olcutt, Bezaleel Woodward, Esq., M^'. Gris wold, Patterson Pierraont, Esq. and Maj. Tyler, be, euad they are hereby, appointed judges of the superior court, forthe banishment of tories, &c. Voted, that a coraraittee of three be appointed to prepare a form for a deed, &c. Coraraittee chosen — Capt. Curtis, Capt. John Fassett an4 Col. Barrett. Voted, to talce Mr. Alverd's petition into consideration, and that a committee of three be appointed to look into the prayer of said petitioB. eENERAL ASSEMBLY. 275 Committee ehoseu — Captain Jonathan Fassett, Col. Strong and Mr. Chandler. Voted, that a coraraittee of five be appointed to report their opinion what shall be done with tory woraen and children, &c. Committee cho sen — Mr. Moses Robinson, Capt. Gallop, Capt. Hodges, Mr. Alverd and Mr. Harvey. Assembly adjourned until two o'clock, afternoon. Asserably raet, according to adjournraent. Voted, that the Representatives have three dollars per day, frora the time they left horae, and four pence per raile, for horse travel ; and that the Councillors be allowed the sarae wages. Voted, to raise twenty men to guard the frontiers from White River to Strafford and Corinth, to the lakes, &c. Voted, that Capt. Hodges have the comraand of said guard, as a sub altern. Voted, that four pounds per raonth, and forty shiUings bounty, be al lowed each soldier, above raentioned. Voted, that Capt. Rowley take copies of the several acts of this As sembly, and furnish each town in the shire of Rutland with the same. Voted, that Benjarain Fassett be, and hereby is, appointed clerk for the district of Benni-ngton. Voted Moses Robinson, clerk for the District of Manchester. Voted, that the clerks for the several districts, take copies of the acts for the electing justices of the peace, and judges of probate. Voted, that this Asserably be adjourned, and it is hereby adjourned, until his Eiccellency the Governor coraraands thera to meet. JOURNAL, &c. OCTOBER, 1778. State op Vermont — Windsor, Thursday, Oct. 6, 1778. The Assembly being met, proceeded to choose a Clerk ; when Beza leel Woodward, Esq. was chose, and took the oaths required by the con stitution, to qualify him for that office. Attest, THO. CHANDLER, Jun. Sec'y. Chose Thomas Chandler, Jun. Esq. Speaker ; and he accordingly took the oaths required by the constitution to qualify him for that office. Attest, BEZA. WOODWARD, Clerk. The House then proceeded to exaraine the certificates ofthe merabers, wJiereby it appears that the following towns had duly appointed the per 27 «j JOURNAL OF THE sons whose naraes are annexed to them, to. represent them, in the Gene ral Assembly of this State, for the ensuing year, viz : Pownal, \ ^^}- Jo^ep'i Williams, Kent, Deacon Edward Aikin, ^ Capt. Eli Noble. Benning- \ Capt. John Fassett, ton, 1 Col. Eben. Walbridge. Shafts- \ Maj. Gideon Olin, bury. I Mr. John MiUington. ^^^^•"^-'^[itlthrSm^^^' Sandgate, Mr. Reuben Thomas. Sunderland, Mr. Joseph Bradley. Munches- 5 Capt. Gideon Ormsby, ter, l Martin Powel, Esq. Dorset, Capt. Ab'm. Underbill. Reuport, Moses Robinson, Esq. Pallet, Mr. Gideon Adams. Danby, Thomas Rowley, Esq. Wells, Mr. Itharair Hibbert. Poltney, WUUara Ward, Esq. Clarendon, Lieut. Abner Lewis. WaUingfordlAr. Abrahara Jackson, ] Capt. Zebulon Mead, • Lieut. Ros wel Post. Jesse Belknap, Esq. Jonathan Fassett, Esq. Capt. Josiah Powers Doct. Nathan Foot. Rutland, < Castleton, Pittsford, Neshobe, Cornwall, n -ir 7 ^ Capt. Corafort Starr. G«i//ord, JcaptLeviGoodner Halifax, Springfield, Lieut. Sarauel Scott. Chester, Maj.Thomas Chandler. Weatliersfield,Capt. Wm. Upham. Windsor, \ ^fP** ^^r- ^""''^'' ' I 1 horaas Cooper, Esq. Hertford, Mr. Williara Gallop. Wood- 5 Capt.Phineas Williaras, stock, l Capt. John Strong. Hartford, Stephen Tilden, Esq. Pomfret, Capt. John Throop. Bernard, Capt. Edmond Hodges. iharon, Mr.Benjamin Spalding. Royalton, Lieut. Jos. Parkhurst. Thetford, Tiraothy Bartholomew. Strafford, Mr. Frederick Smith. Fairlee, Ichabod Orrasby, Esq. Moretown, Mr. Benjamm Baldwin, Corinth, Mr. Joshua Nutting. Newbury, Col. Jacob Kent. r 7 ^ Nehemiah Easterbroot Lebanon, J Joshua Wheatiey, Esq. Enfield, Bela Turner, Esq. Dresden, Beza. Woodward, Esq. JT , 5 Jona. Freeraan, Esq. ' l David Woodward. Canaan, Thomas Baldwin, Esq. Cardigan; Col. Elisha Payne. Oxford, Col. Israel Morey. Picrmont, Mr. Abner Chandler. Haverhill, Maj. James BaUey. Guntlmaite, iohn Young, Esq. Landaff, Mr. Nathaniel Rogers. T,r . , S Mr. Abel Curtiss, Norwich, J Capt. Joseph Hatch. Barnet, Mr. Alex. Harvey. C Edward Harris, Esq. I Hubbel WeUs, Esq. Whitinghamhieui. Silas HamUton. WMmingtonMr. Elijah Alverd. DummerstonCapt. Jona. Knights. Townshend, Col. Samuel Fletcher. Putney, Mr. Abner Miles. WestminsterNath'l Robinson, Esq. Rocking- 5 Doct. Reuben Jones, ham, I Joshua Webb, Esq. A messenger was then sent frora the- House, to his ExceUency the Governor, and the Honorable CouncU, that the Assembly were ready fo attend divine service ; which was accordingly attended at the meeting house. The Representatives present, then took the oaths required by the con stitution, to qualify thera to act as members of Asserably. Chose Col. Payne, Col. Walbridge, John Fassett, Jun. Esq., Captain Curtiss, Capt. Young and Col. Fletcher, a coraraittee to join a corarait tee frora the Council, in coraiting and sorting votes for Governor, Lieut, ©ENERAL ASSEMBLY. 277 Governor, twelve CouncUlors, and a Treasurer for this State, for the year ensuing; who were sworn by the Clerk to a faithful discharge of that trust. The joint coraraittee having sorted and counted the votes, declared the following- persons chosen, viz : — His ExceUency, Thomas Chittenden, Esq. Governor. His Honor, Joseph Marsh, Esq. Lieutenant Governor. Hon. Joseph Bowker, Benjamin Carpenter, Jacob Bayley, Moses Robinson, Peter Olcott, Jeremiah Clark, Paul Spooner, Ira Allen, Timothy Brownson, "^ Thomas Moredook, Jonas Fat, Elisha Payne, Esquires, Councillors. Ira Allen, Esquire, Treasurer. Of all which, public proclamation was duly raade, by the Sheriff. Assembly then adjourned, tiU to-raorrow raorning, nine o'clock, then to be held at this place. Friday, Oct. 9. Assembly met, according to adjournment. Voted, and resolved, that every persqn is required by the constitution to renew the oath of allegiance, as well as the oath of office, on every new appointment, before he enters on the execution of his office. Chose Col. Payne, Mr. Freeraan and John Fassett, Jun. Esq. a com mittee to raake a draft of ruifes and orders, necessary for the regulation of the Assembly. Assembly adjourned, until two o'clock, afternoon. Two o'clock, P. M. Assembly met, according to adjournment. Chose Joseph Fay, Esquire, Secretary of this State, the year ensuing. Voted, and resolved, that Jonathan Freeraan, Esq. and Capt. David Woodward, be a committee to wait on the Reverend Eden Boroughs, and - return hira the thanks of this Asserably, for the serraon delivered by him to them, yesterday ; and that they desire a copy thereof, for the press. Voted, and resolved, that Mr. Woodward and Col. Morey, be a com mittee to procure three hundred copies of the above mentioned serraon printed at the expense of this State. Voted, and resolved, that Thursday, the twenty-sixth day of Novera ber next, be observed as a day of public and soleran Thanksgiving to Almighty God, for his manifold mercies ; and that his ExceUency the Governor be desired to issue his proclamation therefor. Voted, and resolved, that Capt. G. Ormsbee, Col. Morey and Col. Walbridge, be a committee to take into consideration the case of Wm. Moor, who stands bound to this Asserably : and that they report meas ures proper to be taken thereon. Assembly adjourned, until to-morrow morning, eight o'clock. 273 JOURNAL OF THB Saturday Morning, 8 o'ch^. Asserably met, according to adjournment. On the motion of Col. Olcott, in behalf ofthe town of Norwich,— Voted, and resolved, that an order be is.sued by the clerk to the free men of the town of Norwich, to choose two members, to act in General Assembly, in lieu of tbe two members they chose on the first Tuesday in Septeraber, who are elected CouncUlors, and accepted thereof, and are, thereby, disquaUfied frora acting as members of this Assembly ; and that the constable of Norwich be directed, forthwith, to warn a meeting of said freemen, for that purpose ; giving notice four days before the tirae of holding the raeeting. Voted, and resolved, that Judah Paddock and Alden Spooner be, and are herehy, appointed printers for the General Asserably of this State. Voted, and resolved, that Col. Payne, Doct. Jones and Capt. Wheatly, be a coraraittee to draught a letter to the Honorable President and Coun cil of New-Harapshire, inforraing thera that this Assembly are possessed of a letter to his Excellency Gov. Chittenden, of the 22d of August last, frora the said President :* and of hostilities in the town of Enfitld ; and to request that they use measures to prevent thera, in future. Asserably adjourned, untU next Monday raorning, eight o'clocL Monday, 12i>iti-near the capital letter A, on the back of their outside gai-ment, of a different colour, in fair view, during their abode in this State. And as often as such convicted person shall be seen without such letter, and be thereof convicted before an assistant or jus tice of the peace in this State, shaU be whipt on the naked body, not ex ceeding ten stripes. AN ACT against Polygamy. Whereas, the violation of the marriage covenant is contrary to the comraand of God, and destructive to families : Be it enacted, and it is hereby enacted, by the representatives of the freemen of the Stale of Vermont, in Genenal Assembly met, and by the authority of tlie same, that if any person or persons in this State, being married, or who shall hereafter marry, do, at any tirae, presurae to marry any other person, the forraer or other husband or wife being alive, and not by law divorced ; or shaU continue to live together, so married ; that then, every such offender shall suffer and be punished as in case of adul tery ; and such marriage shaU be, and is hereby declared to be, null and void — which offenders shall be tried in the county where they shall be apprehended. AN ACT for the punishment of lascivious carriage and behaviour. For the preventing of lascivious carriage and behaviour — against, and for the punishraent of which (in regard of the variety ef circum stances) particular and express laws cannot be easily suited and made. Therefore, Be it enacted, and it is hereby enacted, by the representatives of th'e freemen of the State qf Vermont, in General Assembly met, and by the authority of the same, that the several and respective county courts -tvithin this State, shall be, and are hereby irapowered and directed, t» proceed against, and punish, such persons as shall be guilty of lascivious carriage und behaviour, either by iraposing a fine on them, or by cora- mitting them to the house of correction, or by inflicting corporal pimish- nient on them, according tot he nature and aggravation of the offence — LAWS PASSED, FEBRUARY, 1779. 291 according to the discretion of such court ; that such seasonable and ex emplary punishment may be inflicted on such otfentlors iu that kind, that others may hear and fear. AN ACT for the punishraent of Incest, and for preventing incestuous marriages. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, anil by the authority of the same, that no man shall marry any woman within the degrees of kindred hereafter named in tiiis act ; that is to say, — no man shall marry his grandfather's wife, wife's grandraother, father's sister, mother's sister, wife's mother's sister, father's wife, wife's mother, daugh ter, son's daughter, wife's daughter, son's wife, sister's son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughters daughter, brother's daughter, sister's daugh ter, brother's son's wife, sista-'s son's wife. And if any raan shall hereafter marry, or have carnal copulation with, any woraan who is within the degrees before recited in this act, every such marriage shall be nuU and void ; and all children that shaU hereafter be born of such incestuous marriages or copulation, shall be forever dis abled to inherit by descent, or by being generaUy naraed in any deed or will, by father or mother. That every man and woman who shall marry, or carnally know each ether, being within any of the degrees before mentioned in this act, and .shall be convicted thereof, before any superior court in this State, shall be set upon the gaUows, the space of one hour, with a rope about their neck, and the other end cast over the "gallows ; and in the way from thence to the comraon goal, shall !;e severely whipt, not exceeding thirty- nine stripes each. Also, every person so offending, shall, forever after, wear a capital let ter, I, of two inches long, and proportionable bigness, cat out in cloth of a contrary colour to their cloalhs, and sewed upon their garments, ou the outside of their arm, or on their back, in open view. And if any person or persons, convicted and sentenced, asaforesaid, for such offence, shaU, at any time, be found without their letter so worn, during their abode in this State, they shall, by warrant from any one assistant or justice of the peace, be forthwitii apprehended, and ordered to be publicly whipt, not exceeding fifteen stripes, an3 frora time to tirae, m as often as they shall so offend. AN ACT for the punishment of Rape. k Be it enacted, and it is hereby enacted, by the representatives of the freemen of ths State of Vermont, in General Assembly met, and by the 292 LAWS PASSED, FEBRUARY, 1779. authority of the same, that if any man shall forcibly, and without eon- sent, ravish any woman, or maid, by coraraitting earned copulation with ber, against her consent, he shall be put to death. Provided, coraplaint and prosecution be raade, forthwith, upon the rape ; and that the woraan, in time of her distress, did raake an outcry on the occasion. AN ACT regulating of Marriages. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly •met, and by the authority of the same, that no man and woraan shall be joined together in marriage, before the purpose or intention of such marriage has been published in the respective towns where the persons do ordinarily belong or reside, by the town clerk or clerks of such town or towns, at least eight days before such raaniage is consuraraated ; nor shall any such per sons be joined together, before they arrive to lawful age ; that is to say, a raale person to the age of twenty-one years, and a feraale person to the age of eighteen years, without leave first obtained frora the parents, (jf living) or the master or masters, or guardians of such person. Any person that shall presume to join any raan or woraan together in marriage, before he is certified that such purpose of marriage has been published as aforesaid, and if minors, without consent as aforesaid, shaU forfeit and pay to the treasurer of the county where the offence is com mitted, the sum of fifty pounds, to be recovered by biU, plaint, or infor mation. And that no person whatsoever, in this State, other than the Governor, Deputy Governor, members of the Council, Judges of superior and inferior courts. Justices of the peace in their respective counties, settled Ministers of the Gospel in their respective towns, and during the time of his or their ministry in such town or towns, shall join any persons in marriage, on penalty of forfeiting the sum of twenty pounds, to be recov ered and appropriated as aforesaid, and suffer imprisonment, not exceed ing twelYe raonths. AN ACT to prevent the taking and using boats and canoes, without leave. Whereas the taking and using of boats and canoes, without liberty, is too frequently practised, to the damage of the owners thereof, Which to prevent. Be it enacted, and it is hereby enacted, by the representatiifes of tlie freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that whosoever shaU take and use any kind ol LAWS PASSED, FEBRUARY, 1779. 293 boats or canoes, other than such as shall be taken up going adrift, and loose from any shore, or found when driyen away and left, without liberty from the owner or owners therfof, shall, for every such offence, forfeit and pay to the owner or owners thereof, double tbe damage he' or they shall sustain by his or their boat or canoe's being taken and used as afore said ; to be recovered by bill, plaint, oi- information. AN ACT for enabling communities to raaintain, recover, and defend, their comraon rights, estates, and interests. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that it shall and raay be lawful for all and every town, village, precinct, trustees for schools, proprietors of commons or undivided lands, grants and other estates and interests, and aU other law ful societies or coraraunities whatsoever, to sue, commence, and prose cute, any suits or actions, for the maintaining, recovery, or defence of their grants, interest, and estates, in any court proper to try the sarae; and to appear, either by themselves, agents, or attornies : and, in like manner, to defend in all such suits and actions as shall be brought or corameneed against them. And when any such town, village, precinct, trustees, proprietors, or society, as aforesaid, shall be sued, it shall be sufficient notice for thera to appear and answer, to leave a true copy of the writ or summons con taining such suit or action, with their clerk, or other principal raeraber, inhabitant, or proprietor, twelve days before the sitting of the court where the case is to be heard, as in other actions is provided. AN ACT against high Treason. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that if any person or perSons belonging to, or re siding within, this State, and under the protection of its laws, shall levy war against the State, or governraent thereof; or knowingly, and wil lingly, shall aid or assist any enemies, at open war against this State, or the United States of Araerica, by joining tbeir armies, or by inlisting, or procuring, or persuading others to inlist, for that purpose ; or by furnish ing such enemies with arras, or araraunition, provision, or any other arti cles for their aid or corafort ; or by carrying on a treacherous correspon dence with thera ; or shall forra, or be any way concerned in forming any corabination, plot, or conspiracy, for betraying this State, or the Uni ted States, into the hands, or power of any eneray; or shaU give, or at tempt to give or send, any inteUigence to the ensmies of this State, for 294 LAWS PASSED, FEBRUARY, 1779. that purpose ; every person, so offending, and being thereof convicted, shall suffer death, and his estate shaU be confiscated. And be it furtlier enacted, by ilie authority aforesaid, that if any person or persons shall endeavor to join the enemies of this State, or of the United States ; or use their influence to persuade or induce any per son or persons to join, aid, comfort, or assist them, in any way or man ner whatsoever ; or shall have knowledge of any person or persons en deavoring, or using their influence aforesaid, and shall conceal the same, shall be punished by fine, according to the nature of his offence, and shall be iraprisoned, at the judgraent of the superior court, in any of the goals in this State, not exceeding ten years. AN ACT for establishing County lines. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that the tract of land in the hereafter described liraits, as well the lands that arej as those that are not appropriated, shall be and reraain one entire county, and known by the narae of the county of Bennington, viz ; — beginning at the southwest corner of the town of Pownal, thence northerly in the west lines of the towns of Pownal, Ben nington, Shaftsbury, Arlington, Sandgate, Ruport, PoUet, find Wells, to the southwest corner of Poultney ; thence northerly on the west line of said Poultney, to the centre of a small river, comraonly called and known by the narae of Poultney river ; thence down the centre of said river, into the head of East-Bay : thei.ce down said Bay, through the centre of the deepest channel ofthe sarae, into SoudiBay; thence down said Ciiy, through the centre of the deepest channel of the same, into Lake Champlain ; thence down said lake, through the centre of the deepest channel of the same, to the south line of the province of Quebec, being the west line of tbi,-. State ; thence east in the south line of the province of Quebec, fifty miles, being the north line of this State ; thence south erly to the northeast corner of Worcester; thence southerly on the eas terly lines of the towns of Worcester, Middlesex, and Berlin, to the south east corner thereof; thence on ^ straight line to the northwest corner of Tunbridge : thence on the westerly line of Tunbridge, lo the soutiiwest corner thereof; thence in a straight line to the northwesterly corner of Bradford ; thence in the westerly line of Bradford and Bridgwater, to the southwesterly corner thereof; thence southerly, in a straight line, to the northeast corner of Shrewsbury,; thence on the easterly line of Shrews bury, to the southeasterly corner thereof ; thence west to the northeast corner of WaUingford ; thence southerly on the easterly lines of Wal- lingford, Harwich, Brumley, Winhall, and Stratton, to the southeasterly corner of the latter ; thence southerly on the westerly line of Somerset, to the southwest corner thereof; thence southerly to the northwest corner of, Draper ; thence southeriy in the west lines of Draper and Cumber land, to the north line of the Massachusetts-Bay ; thence westerly on the LAWS PASSED, FEBRUARY, 1779. '295 line of the Massachusetts-bay, to the southwest corner of Pownal afore said, being the south line of this State. Be it further enacted, by the authority aforesaid, that the tract of land in the hereafter described liraits, as well the lands that are, as those that are not, appropriated, shall be and remain one entire county, and known by the name of the county of Cumberland, viz ; — beginning at the south east corner of the county of Bennington, in the north line of the State of the MasseichusetJs-Bay ; thence east in said line, to Connecticut river, being the south line of this State ; thence up said river as it tends, to the south line of the province of Quebec, being the east line, of this State ; thence west in the south Une of the province of Quebec, to the northeast corner of the county of Bennington, being the north line of this State ; thence southerly in the east line of the county of Bennington, to the southeast corner thereof. AN ACT directing Listers in their office and duty. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vennont, in General Assembly met, and by the authority of the same, that the listers in the several towns in this State, being sworn to the faithful dische.ige of their office, shaU, by themselves, or one or more deputed by them, sorae tirae in the raonth of May aiiAu- ally, warn -all the inhabitants, proper to be listed in their towns, or pre cincts, or leave notice at their houses, or usual places of abode, to give in to them their respective lists. And the said inhabitants, being so warned, shall give in to the listers, in -writing, a true account of all their listable poles, and all their rateable estate, being their property, or belonging to them on the twentieth of June following, at or before the teath day of July following ; particularly mentioning therein all such things as are, in this act hereafter expressly -valued, signed with their names, er marks ; which accounts the said list* ers shall accept, adding thereto, according to their best Judgraent, a value for all things hereafter raentioned in this ivct to be listed, that^re hot par ticularly valued, and make the whole into erne general list. And that every person or persons, having any lands or real estate proper to be rated, in any other town than where such person dwells, shall give in to the listers of such towns where such estate doth lie, a true list thereof, in manner as before mentioned, without any warning given by the listers ofthe town where such estate is liable to be rated as aforesaid, — or be liable to be fourfolded. That the listers shall return the sum total of the list unto the General Assembly, in October annually, with a certificate from the assistant, jus tice, or town cleik, before whora the said listers were s*orn, that they were sworn to the faithful discharge of their office, some time before the first day-of May preceding. And every lister who shall neglect carrying, or sending, by* one of the representatives to the General Assembly, the sum total, and certificate a.s 296' LAWS PASSED, FEBRUARY, 1779. - aforesaid, shall forfeit and pay to tiie Treasurer of this State, the sura of ten pounds. That if no sura total be returned frora any town, or there be no such certificate, such town shall be dooraed by, and at the discretion of the Asserably. Tbat the listers, after the 10th of August annuaUy, shall, and they are hereby required, carefully to inspect the said list, untU the twenty-fifth of the succeeding Septeraber, and to add four-fold for all the polls an4 rate able estate they shall find left out of the Ust by any person or persons, the property whereof did belong to such person or persons on the twentieth of June preceding ; and if any doubt shall arise thereon, said estate shall be adjudged or reputed the property of the person assessed for the sarae, unless he can shew it to have been the property of sorae other person oti the said twentieth of June ; srad also add to said lists four-fold for the whole rateable estate and polls of all such persons as have given in no lists, as a penalty on said persons for their neglect ; who shaU pay rates for the sarae, according to their four-fold assessraents. And one half of all suras arising upon such additions, shall, by the constables, or coUectors of rates, be paid to said listers, as a reward for their trouble ; and the other half shall be for the use for which such rates are raade. And the said listers shall add the sum total of such additions and four-folds, to the sura total before mentioned, and transmit the same to the Assembly, with such additions, on pain of paying the before raen tioned penalty. That the said listers shall, annually, some tirae in the raonth of Octo- ' ber^ deliver the Usts of the polls and rateable estate of the inhabitants of their town, by thera raade, to the clerk of the town, taking his receipt for the sarae, upon penalty of paying five pounds, each lister so neglect ing, to the treasurer of the town ; to be recovered by bill, plaint, or in forraation. That when, and so often as any person or persons are over charged in their lists, it shall be the duty of the listers to grant relief, in such cases only, where the estate shaU appear not to have belonged to the person on the 20th of June preceding ; or that it was not left out by hira through his neglect or wilfulness, but 'from sufficient grounds to think it was lost ; and that so soon as he -was sensible of his duty therein, he did offer his said estate (bona fide) to be entered in the public list, by said lister or listers. And in case the listers do refuse to grant such relief, upon ap plication of the aggrieved party, an assistant, or justice of the peace, with two of the select-men ofthe town, raay consider the case, and grant sueb relief as they shaU judge just, and agreeable to this act ; first noti fying two or more of the listers to attend, and shew cause (if any they have) why such reli9f should not be granted. That if any of the listers in the respective towns, do neglect, within the tirae ordered by law, to deraand of any person or persons witiiin their precinct, their list as aforesaid ; in every such case, such listers are hereby required, at any tirae before the 20th of Septeraber next foUow ing, to demand such lists of every person so neglected. LAWS PASSED, FEBRUARY, 1779. 297 And if any person, of whom such Usts is demanded as aforesaid, shall neglect to bring in a true list of bis estate, unto the Uster so deraanding the same, within five days after the deraand, that then such lister shall make up a list for the person so neglecting, according to the best of hfe judgraent, and return the same to the General Asserably ; and all pei'sons shall be accordingly assessed, in the several rates to he raade on such lists. Be it enacted, by the authority aforesaid, that all male persons in the several towns in this State, from sixteen years old to sixty, (ministers of the gospel, the president and tutors of the college, annual school-raaiters, and students of the college, untU the expiration of the tirae for their taking their second degree, excepted) shedl be set in the Ust, each person at six pounds. And all rateable estate shall be set in the list as follows, viz : Every ox or steer, of four years old and upwards, at four pounds each. Each steer or heifer, of three years old, and each cow, three pounds. Each steer or heifer, of two years old, two pounds. Each steer and heifer, of one year old, one pound. Each horse or mare, of three years old or upward, three pounds. All horse kind, of two years old, two pounds each. AU horse kind, of one year old, one pound each. All swine, of one year old or upward, one pound each. Every person having money on hand, or due to them, over and above all debts charged thereon, shall put the same in the annual list, at the rate of six, for every hundred pounds. And in case the listers shall suspect any person has not given in the full sura of money on hand, or due as aforesaid, the Ustars are hereby impowered to call such person or persons before thera, there to give in such lists on oath ; and either of said listers are irapowered to administer such oath. That all lands within this State, after being improved one year, either for pasture, plonghing, or mowing, or stocked with grass, and within in closure, shall be set in the Ust at ten shiUings per acre. That all horse kind, or other creatures, rateable by law, that are put upon any farm in this State, remote from the towns where the owner dwells, and under the care, occupancy and improvement, of a tenant, shall be put into the list of the polls and rateable estate of such tenant, in the town or pecuUar, where such farm lies. And in all other cases, all horse kind, and other creatures, rateable by law, shall be put into the list of the poUs and rateable estate of the owners thereof, in the towns where they dwell. And aU peculiars, or lands not as yet laid within the bounds of any town, — those lands, with the persons and estates thereupon, shall be assessed by the rates of the next town unto it ; the measure or estimation to be by the distance of the meeting-house or centre. That the ministers of the gospel that now are, or hereafter raay be, settled in this State, and the president of the college, (during the contin uance of their public service in the gospel ministry, and presidency) 02 298 LAWS PASSED, FEBRUARY, 1779. shall have all their estate, lying in the same town where they dwell, es- erapted. As also shall all lands in this State, sequestered, or improved for smools, and other pious uses, be exempted. Be it further enacted, by tlie authority aforesaid, that all allowed at tornies at law, in this commonwealth, shall be set in the annual list for their faculty, — the least practitioner, fifty pounds, and the others in pro portion, according to their practice ; to be assessed at the discretion of the Usters of the respective towns where said attornies live, during their practice as such. All tradesmen, traders, and artificers, shall be rated in the list, pro portionable to their gains and returns ; in like manner all ware-houses, shops, work-houses, and mills, where the owners have particular improve ment or advantage thereof, according to the best judgraent and discretion of the listers. Such persons as are disabled by sickness, lameness, or other infirraities, shall be exempted. That the listers chosen in the respective towns, shall take the oath pro vided in the constitution of this State, for such officers. And, for enabling the said listers to recover their part of the four fold assessments, out ofthe hands ofthe officers coUecting the same, — Be it further enacted by the authority aforesaid, that when any con stable or coUector of rates, shall neglect or refuse to raake payment to the listers, of any such sum or sums of money, as shall becorae due to them from such constables or collectors, on account of such four-fold assessments, it shall be lawful for such listers to raake application to the next assistant, or justice of the peace, who shall be, and is hereby im powered, to grant a writ of scire facias against such constable or coUec tor, to shew cause, (if any he hath) why execution shall not be granted against him for such sum, or sums, with the necessary charges ; and if such constable, or collector, do not appear according to such scire facias, before such assistant, justice of the peace, or county court, according to the value of the action, and shew sufficient cause why ejcecution shall not be granted as aforesaid ; snch assistant, justice, or county court, shall grant out execution in due forra of law, to levy on the goods and chattels of said constable, or collector, for such sura, or suras, so neglected to be paid, and the necessary charges ; and for want of such estate, to take the person, and retain the same untU satisfaction be made, and the raoney so aoUected, be paid to the said listers. AN ACT constituting and establishing one Superior Court in the State of Vermont. Be it enacted, and it is liereby enacted, by the representatives of the freemen of the State qf Vermont, in General Assembly we<, and by the LAWS PASSED, FEBRUARY, I779. 299 authority of the same, that one superior court, consisting of five judges, be, and is hereby, constituted in this State, held and kept for the year en suing, at the times and places hereafter mentioned, by one chief judge, and four other judges; to be appointed and commissioned for that pur pose ; any three of whom shall have power to hold said court : which court shaU have cognizance of all pleas of the State, that relate to life, limb, or other corporal punishraent; also fines, banishraent, and divorce; and shall have power to hear and deterraine the same by jury, or other wise, according to law, and award execution accordingly. And shall have cognizance of all pleas in causes or actions between party and par ty, or between this State and any of the subjects of this or the other States, whether the sarae do concern or relate to murder, treason, bur glary, theft, robbery, riot, goal-brealung, rescuing prisoners, impeding ' the authority of this State in the execution of their office ; also trespass, damage, fraud, or cheat, — either by appeal, review, writ of error, scire facias, indictraent, coraplaint, or otherwise, as the law directs ; and the sarae to try by jur}', or otherwise, as aforesaid, and therein proceed to judgment, and award execution thereon accordingly. That this court shall not have cognizance of any action where th» raatter in deraand does not exceed twenty pounds, or the fine does ndt exceed twelve pounds, except by appeal. That this court shall have no power to try any action or title of land, for the year ensuing ; any clause in this or any other act ofthe legislature of this State to the contrary notwithstanding. That when, and so often as it shall happen, that, by reason of the ne cessary absence of, or just exception against, any of the judges of the said superior court, there shall not be a sufficient number of them to hold said court, or try any cause, the vacancy shall be supplied by any of the eouncillors of this State. That any one or two of the judges of said court,- being at the time and place for opening of said cqurt, shall have full power to open and , ad}ourn the sarae. That the judges of the said court shaU have full power to appoint and swear a clerk for said court ; who shall be, and he is hereby, irapowered to grant executions on judgraents rendered in said coiu-t, and to act and do all things proper for hira as a clerk of said court, in the execution of said office, according to the rules, orders, and directions of said court, and according to law. That the chief judge, or in his absence any three of the other judges, shall be, and they are hereby, impowered to call a special court upon any extraordinary occasion. That the times and places for holding the superior court of judicature for the year ensuing^ shall be as follows, that is to say, Within and for the county of Bennington, at Bennington, on the- sec ond Thursday of December next. Within and for tiie county of Cumberland, at Westminster, an the second Thursday of March next. ' Within and for the county of Bennington, at Rutland, on the second Thursday of June next. 300 LAWS PASSED, FEBRUARY, IJ79. Within and for the county of Cumberland, at Newbury, on the secon(l Thursday of September next. Be it further enacted, by the authority aforesaid, that all actions that are entered in any of the special courts of this State, which reraain un tried, shall be transferred as they now stand, frora the said special courts into the superior court, at the first sitting of said court in the county where such actions are now entered. AN ACT to prevent riots, disorders, and conterapt of authority, within this State, and for punishing the sarae. Whereas, breaking open goals, rescuing prisoners,&c. are rauch to the damage of civU socJfety, ' Which to prevent. Be it enacted, and ii is hereby enacted, by the representatives of the freeman of the State of Vermont, in General Assembly met, and by the . authority of the same, that if any person, or persons, shall impede or hinder any officer, judicial or executive, civil or military, under the au- authority of this State, in the execution of his office ; on conviction there of before the superior court of this State, shall be whipped on the naked back, not exceeding one hundred lashes for the first offence, and pay all costs and damages that shall accrue from such disorder, beside cost of prosecution : and for want of estate to pay said costs, damages, &c. the offender raay be bound in service to any subject of this State, for such time as shall be judged by said court to be sufficient to pay said costs, daraages, &c. And said court are hereby authorised to bind said delin quent. Be it further enacted, by the authority aforesaid, that if any person shall be guilty of a second offence of the like nature, and shall be con victed thereof, he shall be branded with the letter C on the forehead, and shall be whipped on the naked back, not exceeding one hundred lashes ; to be repeated every tirae of con-viction. Be it furtlier enacted, by tlie autliority aforesaid, that if any person or persons, either directly or indirectly, shall break open, or aid or assist in breaking open, any goal, or place of confineraent, wherein any pris oner or prisoners may be confined by the authority of this State, on con viction thereof, shall be whipped on the naked back, not exceeding one hundred lashes, and be branded on the forehead with the letter B, and pay a fine, not exceeding one hundred pounds, and all costs and damages that may accrue from such disorder, together with cost of prosecution ; and for want of estate to pay said costs and damages, the offender may be bound in service as aforesaid. That the superior court, before the dismission of such deUnquent, may caU on him to give bonds, in surety, not exceeding three thousand pounds, for his good behaviour : and in case such delinquent shall refuse to give such siirety, said court are hereby impowered to confine such delinquent in any of the goals in this State, L.AWS PASSED, FEBRUARY, 1779. 301 AN ACT directing proceedings against forcibly entry and detainer. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that upon coraplaint made to any one or more assistants or justices of the peace, of any forcible entry made in any house, lands, tenements, or other possessions, lying within the county where such assistant or assistants, justice or justices reside; or of any wrongful detainer of any such houses, lands, tenements, or other posses sions, by force, or strong hands, that is to say, by, or with, such violent words or actions, as have a natural tendency to affright and terrify ; every such assistant or assistants, justice or justices, within convenient time, at the cost of the party a^rieved, shall go to the place where the said force is, taking with hira or thera the sheriff' of the county, (if need be) to aid and assist said authority ; and any of the people of the county, shall at tend the said assistant or assistants, justice or justices, to assist him or thera to arrest such offenders (when th»reunto called) upon pain of ira- prisonment for a term not exceeding one raonth, and of paying a fine of twenty shillings to the treasurer of the county. And that two assistants, or two justices, or one assistant and one. jus tice, shall have authority to enquire by oath, of the people of the sarae county, as weU as of thera that make such forcible entry, or hold and detain the same by force and strong hand : and if it be found on such enquiry, that a forcible entry hath been raade into houses, lands, tene ments, or other possessions, or that the sarae are held by force ; then such assistants, or justices, shall cause the same houses, lands, tenements, or other possessions, to be re-seized, and the party to be put in possession thereof, who in such manner was put or held out of the same. And in such cases, where the nature of the facts are cognizable before such authority, the said authority shall bIso tax a bill of cost against such persons as before them shall be convicted of forcible entry, or detainer. And in case the person complained of is found not guilty, cost shall be taxed against the complainant, and execution thereon granted accor dingly. And to the end that enquiry raay be raade, as aforesaid. Be ii enacted, by the autliority aforesaid, that such assistants or jus tices shall make out their warrants or precepts, directed to the sheriff of the same county, or his deputy, commanding him, in the narae of the freemen of this State, to cause to x;orae before thera, eighteen sufficient and indifferent persons, dwelUng near unto the houses, lands, teneraents, or other possessions, so entered upon or held as aforesaid, whereof four teen shall be sworn well and truly to enquire of such forcible entry, or detainer, and to return a true verdict, according to their evidence. And if the sheriff shall make default, in not executing such warrant or precept, to hira directed, he shall be fined or amerced, in the sum of five pounds, for every default. And every juror, legally summoned, raaking his default, by non-ap pearance, shall pay a fine of twenty shillings. 302 LAWS PASSE0, FEBRUARY, 1779. That when it shall so happen, that the sheriff is either a party, or stands in the relation of a father or son, by nature or marriage, or of a brother in the like kind,, uncle or nephew, landlord or tenant, to either ofthe parties ; either of the constables of the town where the facts are said to be done, not being interested, or related as aforesaid, shall have, in those cases, all the powers and authority that the sherifls, in this act, are vested with ; and shall be under the same regulations, and, in case of default, liable to the same penalties. And that any assistant, or assistants, justice, or justices, holding such court of enquiry, may impose a fine on every such offender, not exceed ing twenty shillings ; and deraand bonds of such offender or offenders, for their good behaviour, until the next eounty court in that county, there to appear ; and on such offender's refusing or neglecting to give such bonds, they raay commit such offender to prison, until he or they do coraply with the judgraent. And if the offence be aggravated by any open or high-handed breach of peace, or otherwise, the county court may increase the fine according to the aggravation or circumstances of the offence. All fines arising by virtue of this act, to be to and for the use of the county treasury. Andthe party aggrieved shall recover treble damages, and cost of suit, by action of trespass against the offender or offenders, if it be found by verdict, or in any other raanner, by due form of law, that he or they en tered into his house, lands, tenements or other possessions, by force. Provided always,that this act shall not extend to any person or persons tvho have had the occupation, or have been in the quiet possession, ofany houses, lands, tenements, or other possessions, for the space of three whole years nest before, and his or their estate or estates therein, is not ended or determined ; any thing to the contrary, in this act, notwith standing. AN ACT for relieving and ordering idiots, impotent, distracted, and idle persons. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the muthority of the same, that when, and so often as it shall happen, that any person or persons shall be naturally wanting of understanding, so as to be uncapable to provide for theraselves ; or, by some providence of God, by age, sickness, or otherwise, become poor and impotent, or unable to provide for themselves, and having no estate where withall they may be supported ; then they, and every of them, shall be provided for, and sup ported, by such of their relations as stand in tiie line or degree of father or mother, grand -father or grand-mother, chUdren or grand-children, if they are of sufficient ability to do the sarae ; which sufficient relations shaU provide such support and maintainance, in such manner and pro portion as the eounty court in that county where such idiot, distracted. LAWS PASSBD, FEBR¥ARY, 1779. 303 poor, or impotent person dwells, shall judge just and reasonable, whether such sufficient relations dwell in the sarae or another county. And the said courts are hereby fully authorised, upon appUcation to them made, either by the select-men of the town, or any one or more of such rel-a- tions, to order the sarae accordingly. And if any of such relations who shall be by such court assessed, or ordered to pay any certain sura or suras, for the purpose aforesaid, shaU neglect to do the sarae, or give sufficient security to abide by and fulfil the judgraent of the court, the said court raay award execution, quarterly, against such persons respectively, for levying so ranch as they are respec tively assessed, to be delivered into the hands of the complainant, or coraplainants respectively, for the purpose aforesaid. But if such idiot, distracted, or irapotent person, have any estate, the county court of that county where they dwell, raay order and dispose thereof, in such manner as they shall judge best, for, and towards, the support of the persons,— as also the persons theraselves, to any proper work or service, he, she, or they, raay be capable of perforraing, at the direction of the select-men ; or the select-men raay appoint and irapower sorae raeet person, a conservator to take care of, and over-see, such idiots, distracted, and impotent persons, and their estates, for their support ; who shaU be accountable to said select-men, for their management of said trust, when thereto ordered by the select-men. And if the estate of such idiot, distracted, or impotent person, consist of houses or lands, the General Assembly (upen application to them made) raay licence and authorise the select-raen of the same town, or sorae other raeet person, to make sale of such houses or lands, or so rauch thereof as the Assembly shall think fit to order, to and for the use, relief and benefit of such impotent person, the produce thereof on sale, to be secured, and employed for th-o purpose aforesaid, so long as such person shall live ; or until he or she be capable of providing and taking care of him or herself; and the overplus (if any there be) in case of restoration, to and for the use of the person ; and in case of death, to and for the use of the ne.xt and right heirs of such person. That if such idiot, distracted, poor, and irapotent 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 corapelled 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, thatthe select-men, for the tirae being, in the;- several towns in this State, shall, from tirae to time, diligently inspect into the affairs and raanagement of all persons in * A term employed to deslgnaie places not within the limits of any town— see "Act directing listers in theiv office and duty." 304 LAWS PASSED, FEBRUARY, 177§. 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, rais- manageraent or bad husbandry, that then such select-raen raay appoint an overseer to advise, direct, and order, such persons in the raanageraent of their business, for such tirae or tiraes as they shall think proper : a certif icate of which appointraent shall be set on the sign-post, and a copy thereof lodged in the town clerk's office, by such select-raen 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-raen may, and they are hereby directed to make applica tion to the next assistant, or justice ofthe 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, coramanding hira to take the body of such person, and bring hira before such authority, in order that such person may be examined concerning his idleness or misraanage- ment, and be dealt with, according to this act. And in case such person, who shall be informed agsunst, 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 hath, into, and trader, their care ; and such person, and family, assign, bind, or dispose of, in service, as they shall judge hest. And when the select-men shall have taken into their care any such person, and disposed of him, as aforestud ; or in case of his absconding, as aforesaid, being proceeded against as aforesaid', the select-men are hereby authorised, and fuUy irapowered, by and with the advice of such assistant or justice, to take into their custody all tiie lands, goods, chatfels, and credits of such persons, and the sarae dispose of, iraprove and man age for the best good and advantage of such person, or his heirs. Always provided.. That no select-men shall seU the lands of such idle, or mismanaging, or poor person, without the order of the General As sembly. And the select-raen 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 pubhc place in the town, and lodge a true copy thereof in tiie totyn-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 estiraate of the true value of every article thereof, by the appraiseraent of two indifferent freeholders, under oath, being thereunto appointed and sworn by said authority : which inventory, so taken, shall be lodged its the town-clerk's office of that town. LAWS PASSED, FEBRUARY, 1779. 305 And if any person or persons shall detain, or withhold, from such se lect-man, any estate, lands, or credits, belonging to such idle, raisraanag- ing, or poor person, the select-raen are hereby impowered to deraand and recover the sarae, by action, or other lawful raeans ; which being re covered and received by such select-raen, shall be inventoried, and im proved as aforesaid. And the said select-raen shall take care to pay out of such estate, the just debts due frora such persons. And if any person or persons shall be aggrieved with the doings of such select-raen, in any such case, they raay apply, and coraplain, to the next county court in that county, for relief; who are hereby irapowered to afford such relief, as on heario^he case, they shall think convenient and just, and give orders therefor, and put the sarae m execution. And all such persons, who ahjdl be taken, and whose estates shall be taken and disposed of, according to this act, shall be disabled to raake any contract, act, or deed, that shall be binding upon their persons or estates, as rainors, under guardians, by law are, untU, by their industry, good manageraent, 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 improveraent. AN ACT for forraing and regulating the raUitia ; and for encourage raent of mUitary skiU, for the better defence of this State. Be it enacted, and it is hereby enacted, by tlie repre^tatives of the freemen 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, shaU be Captain General and Coraraander in chief; andthe Deputy Governor for the time being, shall be Major General, of and over all the niiUtary forces within the sarae. That aU the raUitary corapanies in this State, shall be forraed into regi ments, as foUoweth, viz ; — , ,. . That the raUitary companies in the several towns included in the Imiits hereafter described, viz ; — beginning on the west bank of Connecticut river, where the sarae enters into the State of the Massachusetts-Bay ; from thence up said river to the northeast corner of the township of Westrainter; thence west, by the needle of the compass, to the county line ; thence southerly on said line, untU it comes to the north line of the Massachusetts-Bay aforesaid ; frora thence easterly, on said line, to the place of beginning, be, and are hereby, raade and declared, to be one en- .tire and distinct regiment; and shall be distinguished and called by the name of the first regiraent. The raUitary corapanies in the several towns and gores included m the limits hereafter described, viz ;— beginning at the southwest corner of the township of Pownal ; frora thence northerly in the line Of this State, to the northwest corner of Arlington; thence east, a parallel line, until it strikes the county line 5 thence southerly on said cpunty Une, untU it P2 306 LAWS PASSED, FEBRUARY, 177«(. Comes to the north Une of the State of Massachusetts^Bay ; thence wes terly on said Massachusetts line, to the place of beginning, be, and is hereby raade and declared to be one entire and distinct regiraent ; and shall be distinguished and called by the narae of the second regiraent. The railitary corapanies 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 ofthe township of Norwich j 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, untU it coraes to the northwest corner of the first regiment ; thence easterly on said line, to the place of beginning, be, and is hereby raade and declared to be one entire and distinct regiraent ; and shall be disting-uished and caUed by the narae of the third regiraent. , The military corapanies 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 coraes to the forty-fifth degi-ee of northern latitude ; thence west on said line, until it coraes to the county line ; thence southerly on said county line, untU it coraes to the northwest corner of the third regiment ; thence easterly on the north line of said third regiment, to the place of beginning, be, and is hereby raade and declared to be one entire and distinct regiment ; and shall be distinguish ed and called by the name of the fourth regiment. The railitary companies in the several townships and gores included in the Uraits hereafter described, viz ; — beginning at the northeast corner of the second regiraent ; frora thence running northerly, on the county line, until it coraes to the forty-fifth degree of north latitude ; thence running west on Canada line, until it comes to Lake Charaplain ; then turning southerly on the west line of this State, untU it coraes to the northwest corner of the second regiraent ; thence running easterly with the north line of the second regiraent, untU it coraes to the first mentioned bounds, be, and is hereby raade and declared to be, one entire and distinct regi- ¦ ment ; and shall be distinguished and called by the narae of the fifth regimenti That where, by the aforesaid division, or by any division which shall be hereafter made, it shaU so happen that any of the said raiUtary cora panies shall be divided, an^ put part into one regiraent, and part into another regiraent ; in such case, such company or corapanies shall be long to that regiment, to which the major part of the company doth be long. ¦ That there shall be in eSich regiment, frora time to time, appointed by the soldiery and freeraen within the sarae, a colonel, lieutenant colonel, and major, who shall be coraraissioned by the Governor of this State for thefirae being. V '¦ That the qplonel, or officer commanding in each regiment, as often as he shall see cause, shi^ p8quire^|^ ifcaiptain, or chief officer of each com pany in his regiment^ to meet at sucfavtime and place as he shall appoint, te eoHf«r with them, apd give in charge such orders as shall, by them, or LAWS PASSED, FEBRUARY, I779. 307 the major part of thera, be judged meet, for the better ordering raUitary affairs, and proraoting mihtary skill and discipline in said regiment. " And the said colonel, lieutenant colonel, and raajor of each regiment, are hereby irapowered to dignify the several corapanies belonging to their respective regiments, calling to their assistance the commissioned officers of the respective corapanies of said regiment. And be it further enacted, by the authority aforesaid, that aU male persons, frora sixteen years of age to fifty, shall bear arras, and duly at tend eUI rausters, and railitary exercise of the respective troops and com panies, where they are inlisted^ or do belong ; except rainisters of the gos pel, councillors, justices of the peace, the secretary, judges of probate, and superior and inferior courts, the pre«ident, tutors, and students at col legiate schools, raasters of arts, allowed physicians and surgeons, repre sentatives or deputies for the tirae being, school raasters, attornies at law, one railler to each grist-raill, sheriffs and constables for the tiijie being, constant jurymen, tanners who raake 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 ofthe 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 liraits of which he dwells ; a good sword, cutlass, tomahawk or bayonet; a worm, and priming-wire, fit for each gun; a cartouch-box, or powder-horn and buUet-pouch ; one pound of good powder ; four pounds of bullets fit for his gun, and six good flints ; on penalty of eighteen shiUings, for want of such arms and araraunition as is hereby required, and six shUlings for each defect ; and a like sum for every four weeks he shaU reraain unprovided : that each company shall choose sorae suitable person to be clerk, who shaU be sworn to the faithful discharge of his office, before some councillor or justice of the peace, which oath shall be adraistered in the words following, viz. You ¦ — do solemnly swear by the ever living God, that yqii mill faithfully execute the office of clerk of tlie military company of foot, commanded by Capt. until another shall be chosen and sworn in your room ; and will do equal 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 iri the field, with his sword by his side, on every of the rauster or training days, by his captain or chief officer appointed, to caU 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 aU the soldiers within his liraits, twice in every year at least, and deliver to the captain or cora manding officer of the company of which ke is clerk, a true copy of such 308 LAWS PASSED, FEBRUARY, 1779. 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, Sorae tirae in the raonth 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 gorapany 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 sarae fees, and shall account for such fines to the chief officer of the company wheret© he belongs. That the colonel or chief officer of each regiraent, shall be, and is hereby irapowered and authorised, upon any claim, invasion, or notice of the appearance of an eneray, either by water or land, to asserable in military array, and put in warUke posture, the whole mUitia of the regi raent under his comraand, or such part of them as he shall think needful ; and being so alarraed, to lead, conduct, and eraploy thera, as well within the regiraent whereto they belong, as in any other adjacent place in this State, for the assisting, securing, and relieving, any of the subjects ofthe united and independent States of Araerica, or their forts, towns, or pla ces, that shall be assaulted by any eneray, or in dsrager thereof; and with them, by force of arms, to encounter, repel, pursue, kill and destroy such enemy, or any of thera, by any fitting ways, enterprizes or raeans what soever. And the colonel, or chief officer of any regiment, so taking to arms, or leading forth any party of men, shaU forthwith post away the intelli gence, aird occasion thereof, to the captEun-general or commander in chief, for the time being, and to the coraraanding officer of the northern departraent, for the time being ; and shall attend and observe such direc tions and orders as he shall receive, from time to time, from hira 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 eneray, it shall be lawful for, and in the power of the chief commissioned officer or officers ofthe company _ or companies, in such place so assaulted, attacked, or set upon, to call ' forth all Mich soldiers under his or their comraand, and to martial, order, and dispose, thera in the best raanner, to defend the place so beset ; and to encounter, repel, pursue and destroy the eneray ; 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 muster, and raarch, ac cording to orders given hira for the purposes aforesaid, by his superior officer ; such officer shall be cashiered, and forfeit and pay to the treasu rer of the town where such officer belongs, a sum in proportion to the LAWS PASSED, FEBRUARY, 1779. 309 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 bUI, plain!, or inforraation, in any court proper to try the same. And whereas, for the speedy and effectual defence of this and the United States of Araerica, 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 ii enacted, by the authority aforesaid, that whenever the General Assembly, or the Governor and Council as aforesaid, shall resolve or or der, that any certain 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 he recovered as afore said, and to be applied for the purpose of employing soldier or Soldiers to perform 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 sarae ; any law, usage, or custora, in any wise heretofore, to the contrary notwithstanding. And be it further enacted, by the authority aforesaid, that if, at any tirae, it shall appear to the captain, and other coraraissioned officer or offi cers of any corapany, that the following raethod is raore convenient, he may and shall have a right to proceed accordingly, that is to say ; — The captain, or coraraanding officer, shall, with the advice of his un der officers, make a roll of all the men's naraes that he has a right to coraraand, and then divide them into as many divisions as he has orders to draught or detach men, always having refei-ence to those who have .310 LAWS PASSED, FEBRUARY, 1779. done raost in the present war, as well as the estates of men ; and when it shall so happen that the divisions or classes cannot be equal in number, such officer, with the adviee of his under officers then present, shall make all such classes as near equal as possible, by connecting raen of interest, poor raen, and those that have been at most expense in the present war, together in one class. Then such coraraanding officer shall raake out a list of each person's name that is connected in one class, and give such list to sorae 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 iraraediately hire one man for every class so neglecting or refusing; as cheap as raay be, pledging the faith of this State for the payraent 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 raost in this war, as well as the estates of persons) and issue his warrant thereon to his clerk, or some other raeet person, directing hira 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 raeet person, shall sell such goods or chattels at public vendue, and return to the captain or coraraanding officer, the money which his warrant shall direct ; which shall be disposed of to pay the engagen-tent 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 corapany of the railitia of this State, to serve such warrant, is here by authorised, and fully irapowered, if he should, at any tirae, raeet 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 wan ant. And be it further enacted, by the authority aforesaid, that if any general officer shall, at any time, receive orders from the captain-general, or commander in chief, requesting him to call togetiier any regiraent or regiraents of militia within this State, or any part or parts of such regi ment or regiments, anS to march thera 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 m the manner aforesaid. And in case any field or other officer, commaniling any regiment of militia within tiiis State, shall refuse or neglect to put in immediate exe 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 LAWS PASSED, FEBRUARY, 1779. 311 shaU, for such refusal or neglect, forfeit and pay to the pubUc treasurer of this State, two hundred pounds, to be recovered as aforesaid. And in case any captain or other cominanding officer of any corapany 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 siich company of militia, who may be norainated, and to whose lot it of course faUs, to take the coraraand of any nuraber of sol diers, so detached or draughted frora the company or companies of the regiraent to which such officer does belong, shall neglect or refuse to per- forra such service, he shall, for such neglect or refusal, be cashiered, and suffer the penalty as aforesaid for a coraraission officer ; and the next com missioned officer, to whose lot it shall, in course, fall, shall, forthwith, take such coraraand ; 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 ofany 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 regiraent whereto such serjeant, clerk or corporal doth belong ; every such officer shaUJje listed in the roll of the company in the liraits whereof he reside?, and do all duties and services as private sentinels are, by law, required to do. That all such persons tbat are not fifty years of age, who have been Serjeants ofthe foot, in any corapany 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 such 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 sarae fine as others who sustain the sarae office in any parti cular corapany are liable to; and all co.Timissioned . officers ofthe like kind shall be excused frora attending. That all fines, penalties and forfeitures, arising by virtue of this act, or any breach thereof, shall be levied on the goods, or chattels ofthe re spective delinquents, if they be not rainors ; and on the goods or chattels ofthe parents, raasters, or guardians o'f such delinquents as are minors; and shall be for the use ofthe respective companies to which such person or persons fined, do belong,— ^(except such fines as are otherwise dis posed of in this act.) And every person chosen by any company for their drummer, or fifer, upon his accepting said service, shall jirovide himself a good drum, or fife, and constantly attend service when required, on. penalty of ten shillings fine, for each day's neglect ; f o be levied by warrant from the two chief officers of the corapany to which such drummer or fifer doth belong. Be it further enacted, by the authority aforesaid, that in any town in this State, where there are thirty able bodied men, or more, that are freed 312 LAWS PASSED, FEBRUARY, 1779. by the laws of this State frora doing duty in the militia corapanies formed in said towns, on account of age or coraraissions, &c. — that it shall and raay be lawful for them to forra theraselves i into a railitary corapany, choosing for said corapany, one captain, one lieutenant, and one ensign ; ^who shall be commissioned by the Governor of this State, and under the command of the field-officers ofthe regiraent where they live, and to which they belong. Be it furtlier enacted, by ihe authority aforesaid, that where there be twenty or more, of the before described persons, inclining as aforesaid, it shall and may be lawful for them to form theraselves into a railitary corapany, choosing one captain, and one lieutenant, to be coraraissioned and commanded as aforesaid. Be it further enacted by tlie authority aforesaid, that where there are two towns lying and joining together, where either ofthe before mention ed nurabers of the before mentioned persons are inclined to forra them selves into such company, under such regulations as before mentioned, it shall and may be lawful ; and they shall be commissioned and command ed as aforesaid. Be it further enacted by the authority cforesaid, that each and every person in this State, who are, by law, exerapted frora doing raUitary duty, (rainisters ofthe gospel, president, tutors and students in college only excepted) and do not comply with the preceeding paragraph of this act, as to forraing into a military corapany, shall be under the coraraand of the railitary officers within their respective towns, with respect to doing their proportion in the present weir. AN ACT irapowering CoUectors to collect Rates. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority ofthe same, that whensoever any town, society, or otiier cora raunity, which by law are, or shall be, enabled and authorised to grant and levy any rate, or tax, for the answering or defraying the necessary charges and expences thereof, shall, in any of their lawful raeetings, agree upon and grant a rate or tax, to be levied upon such town, society, or other commun ity, for any ofthe purposes for which, by law, they are or shall be im powered to grant such rate or tax, they shall choose sorae raeet person to be collector of such rates or taxes ; and the select-men, or a coraraittee appointed for that purpose, shall take proper care that such rates be ac cordingly made, for the assessment of the several ~ persons to be taxed, and deliver the same to such collector. And, upon application raade to some assistant, or justice ofthe peace, such assistant, or justice, is hereby authorised and directed to grants warrant for the collecting such rate or tax ; which warrant shall be di rected to such coUector appointed to collect the sarae, requiring and ira powering hira to gather and collect such rate or tax, according to the ^ant thereof, raade as aforesaid. LAWS PASSED, FEBRUARY, lYf^. 313 And that all such coUectors, authorised and directed to gather any rates or taxes whatsoever, duly laid and assessed on any of the inhabitants of this State, shall have full power and authority to collect the same, ac cording to such warrant as shall be given them ; and shall have the sarae power and authorityto coraraand assistance in the execution of their office, (when need shaU require) as is, by law, given to a sheriff or constable, in the execution of their office : and all persons are hereby required to yield due obedience thereunto. Provided always, such coUector shew and read his warrant or author ity to the persons whose assistance is commanded. AN ACT for the due observation and keeping the first day of the week as the Sabbath or Lord's day; and for punishing (Usorders and pro- faneness on the sarae. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that no tradesraan, artificer, labourer, or other person whatsoever, shall, upon land or water, do or exercise any labour, business, or work, of their ordinary callings, or any kind whatsoever, (works of necessity and raercy only, excepted) nor"\ise any garafc, sport, play, or' recreation, on the Lord's day, or day of public fasting, and thanksgiving, on pain that every person so offending, and being convicted thereof before an assistant or justice of the peace, shall, for every such offence, forfeit not exceeding a sum of ten pounds, as the nature of the offence may require. That whatsoever person shall be guilty of any rude, profane, or unlawful behaviour on the Lord's day, either in words or actions, by clamorous discourse, or by shouting, hollooing, screaraing, running, riding, dancing, juraping, blowing of horns, or any such like rude or unlawful words or actions, in any house or place, so near to, or in, any public raeeting house for divine worship, that those who meet there raay be disturbed by such rude and profane behaviour, and being con-victed, shall incur the penalty of forty shillings for every such offence^ and be whipped on the naked back, not exceeding ten stripes, nor less ft an five. That no person shall drive a team, or droves of any kind, or travel on said day, (except it be on business that concerns the present war, or by some adversity they are belated, and forced to lodge in the woods, wil derness or highways the night before ; and in such case, to travel no far ther than the next inn, or place of shelter, on that day) upon penalty of forfeiting a sum not exceeding ten pounds, as the nature of the offence may require. Nor shaU any person go from his or her place of abode, on the Lord's day, unless to or frora the pubUc worship of God, attended, or to be at tended upon, by such person, or unless it be on sorae work or business of necessity or mercy, then to be done or attended upon, on penalty of pay ing a fine, not exceeding five pounds, for eveiy such offence. 314 L-AWS PASSED, FEBRUARY, 1779, Nor shaU any person or persons keep, or stay, at the outsicje of the meeting-house, during the tirae of public worship, (there being conven ient room in the house) nor unnecessarily withdraw themselves frora the pubUc worship to go withotit c|oors, nor profane the tirae by playing, or profanely talking, on the penalty of paying a fine, not exceeding three pounds, for every such offence, as the nature of the offence may require. That if any number of persons shall convene and meet together iu corapany or companies, in the street or elsewhere, on the evening next before, or after, the Lord's day, and be thereof convicted, shall pay a fine, not exceeding three pounds, or sil in the stocks, not exceeding two hours. Always provided, that this act shall not be taketi or construed to hin der the meetings of such persons upon any religious occasions. Provided also, that all presentments or informations against any per son or persons, for being guilty of any of the before mentioned offences, be made within one month after the commission thereof. That the grand-jurymen, and tything-men, and constables, of each (own, shall carefully inspect the behaviour of all persons on the Sabbath, i r Lord's day ; and due presentraent make of any profanation of the worship of God, on the Lord's day, or on any day of public fast or thanksgiving, and of eyary breach of Sabbath which they, or any of them, shall see or discover any person to be guilty of, — to the next assis tant, or justice ofthe peace ; who is hereby impowered to proceed there in, according as the nature of the offence roquires. Tiiat each grand-juryman, tything-man, or constable, shall be allowed six shillings per day, for each day he spends in prosecuting such offends ers, to be paid by the person oifending, or the parent, or guardian, or master, of such person, when he is under age; and all fines iraposed for the breach of this act^ on rainors, shaU be paid by the parents, guardians, or raasters, if any be ; otheriyise, such minors to be disposed of in ser vice, to answer the same ; and upon refusal, or neglect of payment of such fines, and charges of prosecution, the offender may be coraraitted, unless he be a rainor ; in which case, execution for the fines and charges shall go forth against his parent, guardian or raaster, after the expiration of one raonth next after such conviction of such rainor, and not sooner. Provided, no person or persons, prosecuted on this act, shall be charg ed with raore than for one person prosecuting him for such offence. That whatsoever person shall be convicted of any profanation of the Lord's day, or of any disturbances of any congregation, aUowed for, or attending on, such worship, and shall, being fined for such offence, neg lect or refuse to pay the same, or present estate for that purpose ; the court, assistant, or justice of the peace, before whom the conviction is had, may sentence such offender to be publicly whipped, not exceeding^ twenty stripes — respect being had to the nature and aggravation of the offence. Btit if any children, or servants, not of the age of discretion, shall be convicted of such profanation or disturbance, they shall be punished therefor, by their parents, or guardians, or stasters giving them due cor- LAWS PASSED, FEBRUARY, 177J). 315 rection in the presence of sorae officer, if the authority so appoint, and in no other way ; and if such parent, guardian, or raaster, shall refuse or neglect to give such due correction, that every such parent, guardian, or master, shall incur the penalty of ten shillings. And that no delinquent, on this act, shall be allowed any appeal or review. And aU and every assistant, justice of the peace, constable, grand-ju ryman, and tything-man, are hereby required to take efliectual care, and endeavour that this act, in all the particulars thereof, be duly observed ; as also to restrain all persons frora unnecessary wedking in the streets, or fields, swimming in the water, keeping open their shops, or following their secular occasions or recreations, in the evening preceding the Lord's day, or on said day, or evening foUowhig. AN ACT for the ordering and disposing of transient persops. Be it enacted, and it is hereby enacted, by the representatives qf the freemen of the State of Vermont, in General Assembly met, and by the authority ofthe same, that the select men of each respective town in this State, shall be, and are hereby, authorised and impowered to warn any transient person (residing in such town, that is not of a quiet and peacea ble behaviour, or is, in their opinion, like to be chargable to such town) to depart out of such town, except such person does obtain a vote of the inhabitants of such town, in legal town meeting, to remain in such town ; and if any suth person or persons, being so warned, - do not leave such town within twenty days after such warning, then one or raore of said select men raay make application to an asssistant or justice of the peace, who is hereby impowered to issue his warrant to the sheriff or constable to take such person or persons, and transport him or them to the next town, towards the place where such person was last an inhabitant ; — in the sarae manner to be transported to the place where such person or per sons were inhabitants last, or in the same way, out of this State, if he be not an inhabitant thereof; and all such expence shall be paid by the per son or persons so warned, if of ability, but if he is not of ability, to be ¦paid by such town. Provided always, that no person shall be subject to such warning, after he or she has lived in such town one year. Be it further enacted, by the authority aforesaid, that if any transient person or persons shaU be taken sick or lame, in any town in this State ; whoever shall keep any such person or persons (if such transient, sick, or lame person or persons be not of sufficient ability) shaU defray all such expense, until complaint thereof be by him niade to the select-raen of such town ; after which, such select-raen shall provide for such transient. sick, or lame person, according to law. 316 LAWS PASSED, FEBRUARY, 1779. AN ACT relating to briefs. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that no briefs, craving the charitable contribu tions of the people in any of the towns or plantations in this State, shall be read, or attended, in any of the said towns or plantations, unless it have the allowance of the Governor and Council, and by thera directed into what towns or congregations it shall pass, (except it be on some spe cial occasion, for any distressed or afflicted person ol' their own inhabi tants) upon penalty of the forfeiture of five pounds for every person that shall read and puhlish any such brief, not allowed and directed as afore said ; to be recovered by bill, plaint, or information, in any court of rec ord . one third of which penalty or forfeiture shall be to him that shaU inforra and prosecute to effect, and the other two thirds to the town treas urer where such offence is coraraitted. AN ACT for the security of this State. Be it enacted, and it is hereby enacted, by tlie representatives of the freemen of the State of Vermont, in General Assembly met, a'nd by the authority of the same, that all securities to this State shall be to the treasurer, in the narae and behalf of the General Asserably, and lodged in his office ; except securities frora the treasurer to the State, which shall be given to the secretary, in the name and behalf of the General Assera bly, and lodged in his office. And all suits that shall be coraraenced against this State, shall be against the treasurer, in the name and behalf of the General Assembly ; and all suits that shall be corameneed in favor of this State, shaU be in the name of the treasurer, in behalf of the As- . sembly. And be it further enacted, by ihe authority aforesaid, that the treasurer-general and trustees of the loan-office, shaU provide two suffi cient sureties ; each to bind themselves with the treasurer and trustee of the loan-office, in the penal sum of ten thousand pounds, for the security of tbis State,' to be lodged in the secretary's office. AN ACT for the regulating and stating fees.* Be it enacted, and it is hereby enacted, by the representatives of tlie freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that the fees of the several- courts and officers shall be as follows, viz :¦'— * 'I he seireral items of fees in this act, are stated in Continental currency, which wai materially depreciated at the da'e of this law,— Mee prcimble to the act regulating feSf, JijraetJ Nw. 1780.— Seej also-, act fixing a scale of depreetation', f assed Aprili 1^1. t,AW3 PASSED, FEBRUARY, 1779. 317 Superior Court's Fees. £aeh judge, per day. For trying each action, For each of the jurymen, per day, For judgment on default, - . . Clerk's Fees. For entering each action, - , - Attachments or suraraonses, each, » Execution, - . , . , For licence to each tavern-keeper. Assistants or Justices Fees.. Attachments or summonses, each, Wh' n bond is given, - . - A subpoena, . _ , - Entry and trial of an action, » An execution, - - , - Each warrant for criminals. Bond for appeal, ... Copy for evidence, - - - Copy of a judgment, Evi-ry recognizance, - » Jurtjjment on confession or defaidt, Affid-civits taken out of court, each, T'aKing tbe acknbwledgraent of a deed, mortgage, or other instrument, - - . . - Courts qf Probate Fees, Forgranting administration, - . - For receiving, and probate of, every wiU, and inven tory, of fifty pounds. To the clerk, , . - . Receiving and probate of every will, and inveni above fifty pounds. To the clerk, " " ' ." Each quietus, or acquittance. To the clerk, - . . . Recording every wUl, and inventory, of fifty pounds, or under, - - - Recording every will, and inventory, above fifty pounds, and not exceeding one hundred, ' Also one shiUing and sixpence after the first hun dred ; and half so rauch for a copy of the sarae. For raaking out a coraraission, receiving and exarain- ing the claims of the creditors to insolvent estates, and regulating the same, - - - " Eor each page of twenty-eight lines, and ten words JhalinCj . * 1. ., , . £1 10 0 2 2 0 0 15 0 0 18 0 0 1 6 0 S a 0 6 0 0 6 0 0 3 0 0 4 6 0 2 0 0 12 0 0 6 0 0 6 0 0 3 0 0 2 0 0 3 0 0 3 0 0 6 0 0 S Q 0 3 0 090 0 12 0 0 4 6 itery. 0 18 0 0 6 0 0 6 0 0 3 0 0 15 0 0 18 0 0 3 0 0 3 0 31& LAWS i*AgSE», FEBRUARY, 17r(J. Tor entering an order upon administrator to pay out tbe estate unto the several creditors, retm-ned by the coraraissioners, - ... £0 S 0 Allowing of accounts, settling and dividing intestate estates, - - .... Appointing guardians, and taking bond. Each bond for administration, - . - Each letter of adrainistration, - - - Each citation, .-..-- Secretary's Fees. For recording laws and orders of public concern- raent, in the State records, each, - » Affixing the State seal, . . . - Each railitary coraraission, - • Each coraraission for a justice of the peace, Each coraraission for judge of probate. Each petition to the Assembly, Sheriffs and Constables Fees. Serving every suraraons, - . . - If a copy, - - - - _ Serving attachment, - - - - Bail bond, - . . . . For levying every execution, not exceeding five pounds, - - - - 0 12 0 For levying every execution above five, and not ex ceeding ten pounds, - - - 0 18 0 For levying every execution, not exceeding twenty pounds, - - - - 1 10 0 For levying every execution, not exceeding forty pounds, - - - - 2 5 f For any greater sura than forty pounds, shaU be al lowed after the rate of two shillings raore on every twenty pounds above the sura of forty pounds, which shall.be levied by the said execution : and the above fees on execution, shall be taken in the sarae currency that is to be levied by each respec tive execution. ./Attending at a justice's court, when obUged to at tend, for each action tried, ... Each mile travel out, at .... Sheriff attending the General Assembly, superior or county court, per day, .... Constable per day, for like service, Fees for plaintiff and defendant, attending any court, . per day, - . . . Witnesses attending any court, per day. Travel for plaintiff, defendant, or evidence, to any court, per mile. 0 9 0 0 6 0 0 6 0 0 6 0 0 2 0 0' 6 0 0 3 0 0 6 0 0 6 0 0 6 0 0 6 0 0 2 0 0 3 0 0 3 0 0 4 0 0 6 0 0 1 6 1 4 0 0 18 0 0 9 0 0 12 0 UAWS PASSED, FEBRUARY, 177^). 319 Tinvn Clerk's Fees. For recording a deed, ... For a copy of a deed, ... For a survey-bill, - - For recording a marriage, - . For recording a birth, or death. County surveyor's fees, per day, £0 6 0 0 6 0 0 3 0 0 1 6 0 1 0 1 4 0 AN ACT to admit Quakers Affirraation. Whereas, a considerable nuraber ofthe good people of this State, bear ing the denoraination of Quakers, being satisfied with the Constitution of this State, yet cannot be quaUfied as freeraen, by reason of the oath or affirraation not being adapted to the rules of their church. Be it enacted, and it is hereby enacted, by tlie representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that ^he following affirraation be established for those people that call theraselves Quakers. I — — solemnly affirm and declare, that whenever I am called to give any vote or suffrage, touching any matter that concerns tlie State of Vermont, I will do it so as in my conscience I shall judge will most conduce to the best good of the same, as established by Constitution, without fear or f amour of any man, on the penalty of perjury. AN ACT regulating the Payraent and Disposal of Fees, Fines and Penalties. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that every person that shall, at any tirae, be fined for the breach of any penal law, or for other just cause, shall forthwith pay the fine or penalty iraposed upon hira, or give in good and sufficient security, speedily to do "the sarae, or shall be iraprisoned, or bound out and kept in service, until it be paid. And no warrant or distress for levy ing of fines and penalties, shall be sent out, after the expiration pfone year after conviction of the delinquent. That all fees paid for trial of any raatter or cause, in the general court, and in the superior court, (the secretary and clerk's fees excepted) and all fines, forfeitures and penalties, iraposed on any person or persons, by either of the said courts, for any matter or delinquency, shall be and belong to the State Treeisury, for the defraying the public charges of this State. And all fees paid for the trial of any raatter or cause in the respective eounty courts in this State, (the clerk's fees excepted) and all forfeitures, fines and penalties, imposed en any ptrsen or'persens, for any raatter of '32# LAWS PASSEB, FEBRUARY, 1779. delinquency, by any of the said county courts, to jiefray the charges of the county courts, and other county charges. And all such fines, forfeitures, and penalties, as shaU, by the judgment ofany assistant or justice ofthepeace, be iraposed on any person or per" «ons, for any raatter of deUnquency, shaU be and belong to the treasury ofthe town where such judgraent is given. Always provided, that where any such fines, forfeitures, or penalties, are, or shall be, otherwise ordered, by any express law ofthe State, they shall be disposed of according to the order of such law ; any thing hefore in this act, to the contrary notwithstanding. AN ACT for regulating Goals and Goalers. Be it enacted, and it is hereby enacted, by the representatives of ^ freemen of the State of Vermont, in General Assembly met, and by the autliority of the same, that there shall be kept and raaintained, in good and sufficient repair, a comraon goal in every head or county town in this State ; — the whole charge of building, when there shall be occasion, and of keeping such goals, shall be by the county to which the sarae belongs. And that the assistants and justices of the peace, in the several countiesi; shall have full power, and they are hereby impowered, to tax the inhab itants of their respective counties for building, repairing, and furnishing the said goals as need shall require ; and, frora tirae to tirae, to order, direct, and take care of the building, and keeping in repair the said goals. That all, and every person or persons whatsoever, that shall be com mitted to the coraraon goal, within any county in this State, by lawful authority, for any offence and raisderaeanor, having means and ability • thereunto, shall bear their own reasonable charge for conveying or send ing thera to the said goal ; and also the charge of such eis shall be appoint ed to guard them thither. ; and also of their support while in goal, before they are discharged ; and the estate of such person shall be subjected to the payraent of such charge ; and for want of estate, they raay be disposed of in service, to answer the sarae, according to the law, entitled, " An Act concerning delinquents ;" unless they shall be freed from the pay ment of said charge, agreeable to the direction of the law as aforesaid. That aU prisoners shall be perraitted to provide, and send for their necessary food, from whence they please ; and use such bedding, and linen, and other necessaries, as they think fit, without their being pur loined or detained, on their paying for the sarae. Neither shall any keeper ofa comraon goal deraand of thera greater fees for their coraraitraent, discharge, or charaber roora, than what is allowed by law. And if any keeper of a coraraon goal shall do, or cause to be done, to any prisoner that is coraraitted to his custody, any wrong, or injury, con trary to the intent of this act, he shall pay treble daraages to the party aggrieved, and also such fine as the county court ofthat county wherein the offence is coraraitted, upon information or coraplaint to them made, shall (considering all circurastances^) impose uoon hirs. LAWS PASSED, FEBRUARY, 1779. 321 AN ACT relating to Guardians and Minprs. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority ofthe same, that when, and so often as there shall be occasion, the court of probates, in the several districts in this State, shall be, and they are hereby irapowered to allow of gu2urdians, who shall be chosen by rainors, of age by law for choosing of guardians ; and to appoint guardians for such as shall be within that age. And that when it shall so happen, that there shall be any rainor, of age for the choosing a guardian, who hath neither father, guardian, nor master ; then each and every of the judges of the said courts of probates, within whose district such rainor lives or resides, shall notify such rainor to appear before him, and elect some meet person to be his or her guardian ; which being done, the same raay be aUowed, as aforesaid. And upon refusal or ne glect to raake such election, such judge shaU appoint, and the respective judges aforesaid are hereby impowered to appoint, a guardian for such minor, neglecting or refusing as aforesaid. And the power and authority of such guardian shall be as good and effectual, to all intents and pur poses, as if first elected by such minor, and thereupon aUowed, as afore said. , And every judge of probate, on his allowing or appointing any guar dian as aforesaid, shall teike sufficiait security of all such guardians, for the faithful discharge of their trust, according to law ; and oblige them to render their account of their guardianship to the court, or minor, when such minor shall arrive at full age, or at such other tirae as the said court af probate, upon coraplaint to thera raade, Shall see cause to appoint. AN ACT for preventmg wrong by irapresses. Be ii enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority ofthe same, that no person shall be corapelled to do any work or service for the pubUc, unless it be by warrant frora authority^ and he have reasonable aUowance therefor. Nor shall any raan's horse, cattle, or goods, of wbat kind soever, be irapressed, or taken, for any public use or service, unless it be by virtue of such warrant, nor without such rea sonable satisfaction. And if such horse, cattle, or goods perish, or suffer damage in such service, the owner shall be duly recompensed. AN ACT regulating MiUs and MUlers. Be it enacted, and it is hereby enacted, by tlie representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that each mUler in this State, or the owners of R 2 322 LAWS PASSED, FEBRUARY, 1779. ' grist-raills, shall be allowed two quarts out of each bushel of Indian corn he grinds ; and for English grain, two quarts out of each bushel, and one pint for bolting ; except malt, out of each bushel of which he grinds, he shall have one quart, and no more. And if any railler shall presume to take or receive a greater toll, or fee, for grinding, than is herein allowed, he shall forfeit and pay the sura often shillings, for each tirae he shaU he convicted ofthe breach of this act ; one half whereof shall be to the complainer, who shall prosecute the same to effect, and the other half to the treasury of the town where the offence shall be committed. And that there shall be provided for every grist-miU within this State, by the owners of such raiUs, sealed mefisures, viz ; one ofa pint, one ofa quart, and one of two quarts, for their toll-measures, with an instrument to strike the said measures, which shall be striken when toll is taken of all grain that is brought to the raUl, stricken measure, to be ground tiiere. AN ACT to encourage the destroying of Wolves and Panthers. Be it enacted, aiul it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority qf the same, that if any person shall kill and destroy any grown wolf, or wolves, or panther, within the bounds of this State, he shall have eight pounds paid out ofthe public treasury ; and half so rauch for every wolf's whelp that sucks, which he shall kill and destroy ; the head or heads of every such wolf, whelp, or panther, being first brought to the select raen, or constables of such town wherein such creatures are killed ; which select-raen, or constables, shall cut off both ears from such head or heads. And for preventing frauds in obtaining bUls on the treasury for the killing the aforesaid creatures. Be it enacted, by the authority aforesaid, that the select-raen and constables within the respective towns in this State, shaU (when the head of any wolf, panther, or whelp, is, by any person, brought to them, in order to obtain a certificate for the same) strictly exaraine the said person or persons, how he or they obtained the head or heads of such wolf, or wolves, panther, or whelp ; and whether they were taken and killed with in the bounds of this State. And to prevent fraud being done by one person to another respecting the raatters aforesaid. Be it further enacted by the authority aforesaid, that if any person shall take a wolf out of any pit raade to catch wolves in, or out of any trap, thereby tb defraud the owner of the pit or trap, of his due, every • such person shall pay to the owner or owners ofthe pit, or trap, the sura of eight pounds for every such offence, and be whipt on the naked back, according to the direction ofthe jiuthority into whose cogniz^ce it shall come, not exceeding ten stripes. LAWS PASSED, FEBRUARY, 1779. .123 AN ACT for preserving due' order in town-meetings, society-meetings, and in the raeetings of other coraraunities ; and for preventing tumults therein.Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority ofthe same, that when any town, society, or proprietors meet ing, or the raeeting of any other commnfflity is lawfully asserabled, if any person or persons whatsoever, shall, in any such meeting, or asserably, by turaultoous noise, quarrelling, or by any unlawful act, disturb such meeting, or hinder the raembers thereof frora proceeding in an orderly and peaceable manner, to the choice of their moderator^ or, after the choice of such moderator, sball villify or abase him, or interrupt him in the discharge of his ti-ust ; or after he has coramanded silence in such meeting, shall speak in the nieeting, to the distnrbanCe of the business of the raeeting, without the raod'erator's leave first had and obtained, (unless it be to ask reasonable liberty to speak,) such person or persons, so of fending, in any of the particulars above mentioned, contrary to the intent of this act, shall, for evefy such offence, forfeit and pay a fine of twenty shillings, to the treasurer of the town where such offence' is committed. All offences against this act, to be heard and determined before any one councillor, or justice of the peace, unless the offence be aggravated by some notorious breach of peace ; in vrhich case the offender shall b« bound over by such assistant or justice, to tiie next coUnty court, to an swer for such offence : which court raay irapose .such fine as the aggrava^- tion of the offence, in their judgment, deserves, not exceeding fifteen pounds. And that no such raeetiMg shall be adjourned, but by the raajor part of tlie members present. , AN ACT for restraining swine from going at large. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, ifi Qeneral Assembly met, and by the authority of the Same, that no swine shaU be allowed to run at large on the highways or commons in this State : and if any person or persons shall allow their swiwe to run at large in the highways or commons afore said, it shall be the doty of the hayWard, in the several towns in this State, (and it shall be lawful for any other person or persons) to impound such swine ; and the owner or owners of such swine, shall pay the poundage thereof, by law allowed, before they are released out of pound. Always provided, that every town' in this State shall have liberty to agree otherwise, in their own precincts, respecting the swine in such town. Provided nevertheless, tbat if the swine (of such town so agreeing) shall, at any time, corae within the bounds of any other town, they shall, in all respects, be under the regulations of this act, as fully as if no such agreeraent had been raade; unless such other town, whereinto such swine shall corae, as aforesaid, shall also agree as aforesaid. 324 LAWS PASSED, FEBRUARY, 177^. AN ACT for the punishraent of theft- Be it enacted, and it is hereby enacted, by the representatives of tlie freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that whosoever shall steal, or purloin any money, or chattels, and be thereof convicted, by confession, or other sufficient evidence, every such offender shall forfeit and pay treble the value of the raoney, goods, or chattels, so stolen, or purloined, unto the owner or owners thereof; and be further punished by fine, at the discretion of the court, assistant, or justice, that hath cognizance of such offence,^ not ex ceeding ten pounds. And if the value of the money, goods, or chattels, so stolen, amount to the sura of six pounds, such offender, stealing the sarae, to that value, shall, besides the afqresaid forfeiture, be further punished by whipping, not exceeding thirty-nine stripes, for one offence. And if any Such offender be unable to raake restitution, and pay such three-fold daraages, such offender shall make satisfaction by service ; and the prosecutor shall be, and is hereby impowered to dispose of such offender in service, to any subject of this State, for such time as he shall be assigned to such prosecutor by the court, assistant, or justice, before whora the prosecution shall be. And if any person or persons shall conceal any theft, or receive any stolen goods, knowing them to be such, every such person so conceaUng, or, receiving, shall suffer, and be punished, as he or they who corarait the theft. And that every assistant, and justice of the peace, in the county where such offence is committed, or where the offender is apprehended, is hereby authorised and impowered to hear and deterraine all offences against this act. Provided, the value of the money, goods, or chat tels stolen, do not exceed the sum of ten potjnds; any law, usage, or cus tom, to the contrary notwithstanding. AN ACT for appointing County Surveyors in the Counties ; and for directing and regulating thera, in the execution of their office. Be it enacted, and it is hereby enacted, by the representatives of tlie freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that there shall be appointed by the General As sembly, from time to time, as there shall be occasion, one or raore per sons in each county in this State, to be public or county surveyors,or surveyors for laying out of lands, and for the running of the boimds of lands already laid out, according to their original grants, as need shall re quire ; and for the running of Unes, and other services proper for a sur veyor to do ; who shall be sufficiently skUled in the surveyor's art, and he furnished with instruments suitable and sufficient for that service. And being appointed and qualified as aforesaid, shall have full power and LAWS PASSED, FEBRUARY, 1779. 325 authority to execute said office, in the respective counties for which they are or shall be appointed. That when, and so often as any county surveyor shall be employed in laying out any grants of land, renewing boundaries that are lost, or run ning any line, or doing any service in his office, and there be occasion for carrying the chain to raeasure the lines ; that the men employed to carry the chain, shall take the oath by law appointed for thera ; which oath such surveyor is hereby fully impowered to administer to such chain- men as he calls to his assistance, as aforesaid. That wben a county surveyor is called out to run any line between adjoraing proprietors, and that, in order to find the course frora boundary to boundary, he is ohliged to run a rando.ra line to find the certain and true course, and in so doing runs on the land of adjoining proprietors; such surveyors shall not be deemed guilty of trespass in so running such random line, but may lawfully do the sarae. Provided, he do the said service in either the months of March, April, October, or November. Be it further enacted by the authority aforesaid, that if any person or persons shall, by any way or means, oppose, hinder, or interrupt any county surveyor, in the due execution of his office ; or shall, by any way or raeans, oppose, hinder, or interrupt any coraraittee ajipointed by the General Asserably to run, fix, or ascertain the bounds or lines be tween particular townships, or proprietors, or for other business ; or any other person by thera employed to assist in the running and fixing any such line, or doing any other business such coraraittee are appointed to do ; every such offender shall incur the penalty of five pounds, and be bound to his good behaviour, with one or raore sureties, at the discretion of the court that hath cognizance of such offence ; the one raoiety of which penalty to be paid to the treasurer of the county wherein the of fence is coraraitted, and the other moiety to the person who shall prose cute the sarae to effect. AN ACT for regulating the election of Go-vernor, Deputy-Governor, Council, and Treasurer. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of tlie same, that the constables in the several towns in this State, without further order, shall, by theraselves, or some person deputed by thera, warn all the freemen in their respective towns to meet together at some suitable place by them appointed in said town, on the first 1 ues- day of September annually, at nine of the clock in the morning ; at which tirae shall be read the freeraen's oath, and the last paragraph of this act, against disorderly voting ; who then shall proceed first to choose repre sentatives to attend the General Assembly for the year ensuing, on the second Thursday of the succeeding October. Then the freeraen shall proceed to bring in to the constable present, the name of him whom they would choose to be governor for the year ensuing, fairly written on a 326 LAWS PASSED, FEBRUARY, 1779. piece of paper ; which the said constable sball receive, and, in the pres»- ence of the freemen, "seal up the sarae in a piece of paper, and write on the Outside of the paper so sealed, the name of the town, and then add these words, viz. Votes for the Governor — in hke manner fo* the depu ty-governor, and treasurer. Then said constable shaU call upon the free men to give in their votes for twelve assistants, or councillors, for tbe year ensuing, with their names fairly written ; which votes shaU be count ed and sorted by said constable, who shall then make a proper list, on one sheet or piece of paper, of the naraes of the several persons voted for, with the number of votes for each person affixed to his narae ; which pafier shall be sealed up by said constable, in the presence of the free men, and wrote on the outside, the narae of tbe town, and then these Words, vis. Votes for Assistants, or Councillors, and delivered to one of the representatives chosen for said to^vn to attend the General Assembly, wbo shall deliver the same to said Asseiably, And, at the opening of the Generail Assembly, there shall be a cora raittee appointed out of the Council and Asserably, who, after being duly sworn to the faithful discharge of their trust,- shall proceed to receive, sort, and count the votes for the governor, and declare the person who has the major part of the votes, to be governor for the year ensuing: and if there be no ch-oice made, then tbe Couneii and General Asserably, by tbeir joint ballot, shall make choice of a governor ; and the deputy-gov ernor and treasurer shall be chosen in like raanner. Then said coraraittee shall proceed to receive, sort, and count the votes for the councillors, and the twelve highest in noraination sliall be declcired to be chosen councillors or assistants, for the year ensuing. And be it further enacted by the authority aforesaid, that if any con stable shaU refuse or neglect to attend such order as aforesaid, (annuaUy) he shall forfeit and pay to the treasury of the town, the sum of five pounds, for every such neglect. And if no conistable be present at such freemen's raeeting, an assistant, justice of the peace, or one or raore of the select-men of said town, shall supply the place of the constable. Be it further enacted by the authority aforesaid, that every man of the full age of twenty-one years, having resided in this State for the space of one year next before the election of representatives, and is of a quiet and peaceable behavior, and wUI take the following oath (or affirmation) shall be intitled to all the privileges of a freemen of this State, viz : — You solemnly swear by the ever living God, (or affirm in ' presence of Almighty God) that whenever you are called to give your vote or suffrage, touching any matter that concerns the Sta^e of Ver mont, you wiE do it so as in your conscience you shall judge will most conduce to the best good of the Same, as established by the constitiition, without fear or favor of any man. Be it further enacted by the cmthoniy aforesaid, that no person shall be adraitted to take the freeman's oath, untU they have obtained the ap probation of the select-raen of the town, signifying that they are quaUfied LAWS PASSED, FEBRUARY, 1779. 327 according to this act ; which oath any one assistant, justice of the peace, or town-clerk, in their absence, is hereby irapowered to administer. And all such persons, admitted and sw0rn as aferesaid, shaU beiree- men of the corporation, and their naraes khall be enroUed in the roll of freeraen, in the town-clerk's office of that town wherein they are adrait ted as aforesaid. And that if any freeraan of this corporation shall walk scandalously, or corarait any scandalous offence, it shaU be in the power ofthe superior court in this State, on coraplaint thereof to them raade, to disfranchise such freeman ; who shall stand disfranchised, until, by his good behavior, ,the said superior court shall see cause to restore him to his franchiseraent or freedora again ; which the said court is irapowered to do. And if any person that is not a freeraan of this State, adraitted and sworn according to law, shall presume to vote, or give in his proxy, in the election of any of the members of the General Assembly, governor, or deputy-governor, treasurer, or councillor ; or if any freeman shall put in raore than one vote or proxy for one person, in the sarae election, to one office, he shall pay a fine of five pounds to the treasurer of the town where such offence is coraraitted. AN ACT directing Town-Clerks in their office and duty. Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the autliority of the same, that the town-clerk, or register, in every town in this State, shall record all marriages, births, and deaths, of persons in their towns; and that all parents, masters, executors, and administrators, respectively, shall bring in to the clerk of the town to which they belong, the names of such persons belonging to them, that shall be born; or die ; also, that every new-married maji shall bring the tirae of his marriage, sufficiently proved, either by certificate from him that married him, or by other legEd proof, to the clerk, — within one month after such marriage, birth, or death. And every person neglecting, shall forfeit the sura of four shillings ; and for every raonth after the said first raonth, four shU lings. And the clerks of every town shall, as far as they can corae at, give in an account of all such neglects to the grand jury, who shaU make pre sentment thereof to the next assistant, or justice of the peace : — which forfeitures shall be paid to the town-treasurer. Be it further enacted by the authority aforesaid, that there shall be a .suitable book or books for registering, kept in each town ra this State, (at the cost of the town) with an index or alphabet to the sarae ; in which book or books, the town-clerk shall record every raan's house and lands, granted and measured out to him, with the bounds and quantities of the sarae, and date the tirae of his entering all such records. And the town-clerk in each town, shall keep the town book or books, in their respective towns, and shall truly enter in the said book or books, 32t} LAWS PASSED, FEBRUARY, 1779. aU votes ofthe said town, grants, or conveyances of lands, choice of town officers, and otiier town acts and raatters, upon his oath ; (except when, at any town-meeting, he shall necessarily be absent) and shall grant copies of the sarae, as need s\Ml require, for reasonable satisfaction. AN ACT for laying out and altering Highways. Be it enacted, a'nd it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that where a new highway, or coraraon road, from town to town, or place to place, shall be fonnd necessary, and where old highways, with raore conveniency, raay be turned or altered ; that, upon any person or persons making application, the select-men of each town, respectively, be, and are hereby impowered, by themselves or others whora they shaU appoint, to lay out, or cause to be laid out, such roads, and Ukewise privale ways, for such town only, as shall be thought neces sary, so as no daraage is done to any particular person in his land or property, without due recorapence be made by the town, as the select men and the parties interested may agree : but if such owners or propri etors shall not be satisfied with what the select-men offer by way of re corapence for their damage, they have liberty of making application to one assistant or justice of peace, who is hereby irapowered to grant a summons to the sheriff of the county, or constable of such town, to eause to appear before hira, not raore than seven, or less than three freeholders, who, being sworn,shaU appraise the damages, and make final order there on. And if it be found there were no grounds of complaint, the com plainer shall pay all charges arising thereby. That if any person, being suraraoned -to serve as aforesaid, shall neg lect to attend the sarae, he shall incur the penalty of twenty shillings to the town treasurer where such person dwells ; to be recovered by bill, plaint, or information. Be it further enacted by the authority aforesaid, that the select-men aforesaid shaU make, or cause to be raade, a true survey of all such roads or highways ; which shall be recorded in the town-clerk's office in their respective towns. Always provided, that the cost arising by surveying and laying out all roads, together with all daraages that shall be found due to the owner of said lands, be, and is hereby ordered to be paid out of the town treasury of the town wherein such road lieth. Be it further enacted by the authority aforesaid, that where allow ance is made for highways, in, or adjoining, any lot of land, that the owner shaU not be intitled to any damages ; but the roads to be laid as above. LAWS PASSED, FEBRUARV, 1779. 329 AN ACT for making and repairing public High-Ways. Be it enacted, Sj-c. that there shall be to the amount of four days work to each male person, frora sixteen years old to sixty, (except rainisters of the gospel, iraproved within their respective towns) for raaking and re pairing high-ways, in the following raanner, viz ; the select-raen of each town shaU make a rate on the list ofthe polls and rateable estate of each town, to the araount of four days to each person as aforesaid, at eighteen shillings per day, and deUver the sarae, or a copy thereof, to each surveyor within the respective towns ; who shall warn the inhabitants of their respective towas to work at high-ways, to the araount of their rates, at eighteen shiUings per day, between the fifteenth day of May andthe fifteenth day of June, and between the fifteenth day of Septeraber And fifteenth day of October annually. And if any person or persons shall refuse or neglect to do their propor tion of their respective rates, according to the warning, they shall forfeit and pay thirty shiUings, in lieu of every day's work they neglect to per form, provided they have three days warning. Be it further enacted, Sfc. that the surveyors of high-ways shall make return of all the persons so neglecting, their names, and number of days, within six days after such neglect, to the next assistant, or justice of the peace : and if the said person or persons doth not, within six days next after such return, shew sufficient reason why he did not coraply with the order of such surveyor, then the said assistant, or justice of the peace, shall grant his warrant against the goods or chattels of such deUnquent or delinquents, directed to the sheriff, his deputy, or constable ofthe town where the delmquents dwell, to collect the forfeitures, together with addi tional cost ; which raoney shall be delivered to such such surveyor, to be by him laid out for the purpose of raaking and repau-ing highways : — such goods or chattels shall be, by said officer, sold at public vendue, after having been posted at least ten days before such sale, and the overplus, if any there be, to be returned to the owner. And tbat the surveyors shall have power to order out such nuraber of persons as they shall think proper, to raend the roads, on any extraordi nary occasion, at any time ; and the pay therefor shall be deducted out of such persons rates who shall do such labor. AN ACT for the regulating Ferries and Ferriages within this State. Whereas, it has been found by experience, that great advantage (of travellers and others) has been taken, by ferryraen demanding an unrea sonable price for ferrying — and whereas this asserably cannot so know ingly distinguish between the several rivers, and the several parts of thf sarae river, pond, or lake, on account of distance, swiftness of water, nuraber of travellers, &c. — Therefore, to prevent such impositions for the future, , Be it enacted, Sfc. that the magistrates, select-men, and constables of S 2 330 LAWS PASSED, FEBRUARY, 1779. the several towns where ferries are needed, shall meet before the first day of Augjist, annually, at tirae and place by them agreed on, and appoint proper persons and places for ferries, knd provide suitable roads to and frora the same ; and further regulate the price thereof, acfeording to thft profits of Such ferries, and the price of labor, to be varied from time to tirae, as occasion shall require. And where two or more toft^ns shall border on the same river, pond, or lake, opposite to each other, being vVithin this State, Be it furtlier enacted, ^c. that the magistrates, select-men, and con stables of such to^ns, shall meet together for the purposes, and by the time aforesaid. And if any person or persons shall violate this act, by demanding any greater sunl for ferriage, than that stated by the authority aforesaid, he or tbey shall, for every such offence, forfeit the sum of fifteen shillings ; one half to the inforraer, and the other half to the town treasurer where such offence is coraraitted; to be recovered by bill, plaint, or inforraation, be fore any one assistant or justice of the peaCe, in the county where such offence is coraraitted. AN ACT for the appointraent and regulating Attornies. For the well ordering proceedings, and pleas at the bar. Be it enacted, S^c. that the superior and county courts in this State, shall appoint, and they are hereby impowered to approve of, norainate, and appoint, attornies in this State, as there shall be occasion, to plead'at the bar ; which attornies shall, before such court, talie the following oath, viz : — You swear, by ihe ever living God, tliat you will do ne falsehood, nor consent to any to be done in the court ; and if you know of any io be done, you shall give knowledge thereof to ihe judges, or justices of the court, or some of them, that it may be reformed : — you shall not, wittingly and willingly, or knowingly, promote, sue, or pro cure to be sued, any false or unlawful suit, nor give aid or consent to the same ; — yon shall demean yourself in the office of an attorney with in the court, according io the best of your learing and discretion, and with all good fidelity, as well to the court, as to ihe client. So help you God. The administration and taking of which oath, together with the said appointment, shall be registered by the clerk of said court, and be a suf ficient evidence of his adraission as an attorney at the bar. And that no person (except in his own case) shall be adrailted to make any plea at the bar, in any superior or county court, but such as are al lowed and qualified attornies as aforesaid, except he obtain special liberQr frora said court. And whosoever shall transgress the rules of pleading app6inted by Shy court, shall be liable to suffer such fine for every such offence, as the saiS courts shaU impose, not exceeding the sum of five "pounds. LAWS PASSED, FEBRUARY, 1779. 331 That in all cases whatsoever, there shall be aUowed but one attorney »n a side, to plead at the bar. And the fees of such attornies shall be as stated in the table of fees. And the party that shall recover judgraent shall have his attorney's fees according to the above regulations, allowed as part of cost of trial. And be it furtlier enacted, <^c. that in each county in this State there shall be one State's attorney, who shaU prosecute, raanage, and plead, in the county where he is appointed, in all raatters proper for and in behalf of this and the United States ; which attornies shall be appointed by the respective county courts. And that the several attornies who shall be allowed and appointed sis aforesaid, shall, frora tirae to time, be under the directions of the courts before whora they shall plead, who shall and mdy displace, and wholly suspend any of said attornies, or fine thera, as is before, in this act, pro vided. Be it further enacted,8fc. that no attorney's fees be allowed, or taxed, in any bill of cost in any justices' court, any thing in this act notwith standing. AN ACT for the punishment of Drunkennesss. Be it enacted, S{c. that if any person shall be found drunken, so that he, or she, be thereby bereaved and disabled in the use of his or ber rea son and understanding, appearing either in his or her speech, gesture, or behavior, and be thereof convicted, he or she shall forfeit, as a fine, the sum of eight shillings for every such offence, to the treasurer ofthe town where the offence is committed, for the use of the poor therein ; and for want of goods whereon to make distress, the c^ender, or offenders, shall sit in the stocks, there to reraain not to exceed three hojars, nor less than one hour. AN ACT against profane swearing and cursing. Be it enacted, Sfc. that if any person or persons within this State, shall swear profanely, either by the holy narae of God, or any other oath; or sinfully and, wickedly curse any person or persons — such person, so of fending, shall, upon conviction thereof, before one assistant or justice of the peace, forfeit and pay for every such offence, the sura of six shiUings. And if such person or persons, so convicted, shall not be able, or shall refuse to pay the aforesaid fine, he or they shall sit in the stocks, not ex ceeding three hours, and not less than one hour, for one offence, and pay cpst of prosecution. 332 LAWS PASSED, FEBRUARY, 1779. AN ACT directing Constables in their office and duty. Be it enacted, ^c. that one constable in each respective town in this State, shall be chosen to levy and gather the State's tax in such town ; and it shall be his duty to coUect such tax, when properly authorised thereto by the treasurer, and shall also raake up his accounts with the treasurer. Be it further enacted, Sfc. that every person tendered to anj- consta ble of any town in this State, by any constable, or other officer belonging to any of the neighboring States, with a warrant frora any of their au thority, shall presently be received, and forthwith conveyed frora consta ble to constable, by the respective constables in this State, until such per son shall be brought unto the place to which he or she is sent, or before some assistant or justice of the peace in this State, who shall dispose of him or thera as the justice of the case shaU require. That every constable shall duly receive all hue-and-cries, and the sarae diligently pursue to full eflect ; such as are granted and sent out after cap ital or criminal offenders, at the cost and charge of this State ; but such as are taken out by particular persons, in their own cases, at the cost and charge of those who take thera out. That every constable within this State, is hereby authorised, and fully irapowered, to put forth pursuits, or hue-and-cries, after raurderers, peace breakers, thieves, robbers, burglarers, and any other capital offenders, where no raagistrate or justice of the peace is near at hand : — as also, without warrant, to apprehend such as are overtaken with drink — guilty of profane swearing, sabbath-breaking, lying ; also vagrant persons, and unseasonable night-walkers; — provided they be taken and apprehended in the fact, either by the sight of the constable, or present iraraediate in formation of some others : — as also, to make search for all such persons, either on the sabbath, or other days, when there shall be occasion, in tav erns, and other suspected places or houses ; and those to apprehend, and keep in safe custody, till opportunity serves to bring them before the next assistant or justice of the peace, for further exaraination, in order to their being proceeded against, according to law. That each and every constable shall have power and authority to serve and execute such lawful precepts, writs, or warrants, as are directed to them frora lawful authority, within the town only where he belongs : and shall have the power of water-bailiffs in the several respective towns in this State, when and where there shall be occasion for the same. Provided nevertheless, that when any constable is employed or com manded by any assistant or justice of the peace, to apprehend or arrest :iny person or persons, he shall not do it without a warrant in writing. Be it furtlier enacted, 8fc. that all constables may, and from tirae to tirae shall raake dihgent search, throughout the Uraits of their town, upon the Lord's days, and on all other times, as oft as they shall be informed, or seo cause, for such offenders as shall lie tippling in any inn, or house of entertainment, or private house, excessively, or unseasonably ; and after such as retail strong drink without licence : and also warn all those that frequent puWic houses, and spend their time there idly, to forbear ; and LAWS PASSED, FEBRUARY, 1779. 333 also warn all those that keep such houses, not to suffer any such persons in their houses : and to make due presentraent of all breaches of law (coraing within their knowledge) to sorae authority proper to receive the sarae, once in every raonth. And if upon due information, any constable shall refuse or neglect to raake such search, seizure, and presentment, and be thereof Ifgally con victed, he shall pay a fine of five pounds to the treasury of the town whereto he belongs. And the better to enable, and raore effectuaUy to oblige the respec tive constables to execute their office. Be it furtlier enacted, Sfc. that if any person shall refuse, at any time, to assist any constable in the execution of his office, being by him duly thereunto required, he shall forfeit five pounds. And if it appear that any person shall wilfully, obstinately, or con temptuously refuse to assist such constable, as is before expressed, he shall forfeit and pay to the use of the town where the offence is commit ted, ten pounds : the said offence to be heard and tried by an assistant, or justice of the peace. And if any constable, or other person, upon urgent occasion, shall refuse to use his best endeavors jn raising and prosecuting hue and-cries, either by foot or upon horse (if need be) after capital offenders, he .shall forfeit the sura of forty shillings to the use aforesaid ; and to be deter mined as aforesaid. AN ACT against counterfeiting bills of public credit, coins, or curren cies ; and emitting, and passing bills or notes on private credit ; and to prevent injustice in passing counterfeit bills. Be ii enacted, Sfc. that whosoever shall presume to forge, counterfeit, or alter any of the bills of credit of this or the other American States, that now are, or hereafter shall be, by law emitted, and established cur rent, either in this or any of the aforesaid States ; or that shall utter or put off any such forged, counterfeit, or altered bills, or coin, knowing them to be such ; or that shall counsel, advise, procure, or any ways assist in the forging, counterfeiting, imprinting, stamping, altering or signing of any false, forged, and counterfeit bill or bills, or coins, knowing them to be such ; or shall engrave any plate, or make any other instrument to be used for that purpose ; every person or persons, so oflending. being convicted thereof before any of the superior courts in this State, shall be punished by having his right ear cut off, and shall be branded with tbe capital letter C, on a hot iron, and be coraraitted to a work-house, there to be confined and kept to work, under the care of a master, and not to depart thereft-om without special leave frora the Asserably of this State, until the day of his death, under the penalty of being severely whipped by order of any court, assistant or justice, and thereupon to be returned 334 LAWS PASSED, FEBRUARY, 1779. to his forraer confineraent and labor. And all the estate of any person offending as aforesaid, shall be forfeited to this State, and raay be accord ingly seized for that purpose, by order of the court before whora such of fender is convicted. And that such oflenders may more effectuaUy be discovered and prosecuted. Be it further enacted, &c. that whosoever shall raake discovery, and give information, of such vile and wicked practices of making and alter ing any such bills or coins ; or of raaking any of the instruments afore said ; or of aiding therein, so that the person or persons guilty thereof, be tendered to justice, and convicted ; every such informer shall have and receive as a reward for his good service in discovering and informing as aforesaid, the sum of ten pounds. And the more effectually to prevent the passing such counterfeit, forged, or altered^bills, and injustice arising thereby. Be ii furtlier enacted, Sfc. that when, and so often as it shall happen, that any such false, forged, altered, or counterfeit bill, shall be brought to the treasurer of this State, or offered to him in payraent of rates, or to be exchanged, he shall secure them ; and he is hereby authorised to seize and retain thera, entering en the back thereof the narae of the persons in whose possession they were, and then deliver the same into the hands of sorae authority, to be enquired into. And every assistant, and justice ofthe peace, is hereby also authorised and impowered to seize and take into his custody every such bill, which he shall see, observe, or have knowledge of, and the same to retain, en tering on the backside thereof, the narae of the person frora whom he took the same ; and at his discretion, to cause the person from whom he took such bill and lodged with him, to come before hira, to be examined in the premises ; and to administer an oath to such person or persons, to declare of whom he or they received it ; and proceed in his inquiries, in manner aforesaid, after the author of the mischief, as far as such author ity's discretion will guide him. Be ii further enacted, Sfc. that whensoever any person shall be the possessor of any such false or counterfeit bill, he shall (on his discovering it to be such) deliver the sarae to some assistant, or justice of the peace, and inform him, that he cencludes the same to be false and counterfeit ; and if such assistant or justice shall suppose the same to be false, as aforesaid, he shall take the sarae, and write the narae of the person of whom he received it, on the back of said bill, and that it was delivered to him as a counterfeit bill. And such person that so deUvers up such bill, or from whom such biU is taken, in either of the methods aforesaid, may, after such delivery, or taking, go to the person of whom he received the same, and demand of hira pay therefor, informing hicp where such bill is lodged. And if the person of whora he received said bill, shall refuse or neglect to mako him satisfaction therefor, he may bring his action for his damage, LAWS P\.8SED, FEBRUARV, I779. 335 in not paying him for .said biU, or for putting off said bUI to hira, before any court, assistant, or justice of the pe.ico, proper to try the same ; al- ledgiric,' the same to be tiikfii or delivered up as aforesaid. And in the trial of any such case, if the bill be found U> Ik; filsn, forged, or counter feit, to the satisfaction of tiie court tbat tries the- siiini-, tho said court shall proceed to enquire into the equity of the cause, by examining the parties under oath, and taking any other evidences, as they shall judge just and right; iinl upon their Iin ding, to tlieir satisfaction, that such plaintiff received the same bill of the defendant for a true bill, they .shall give ju(li,'iiient for the plaintift', Ibr his just damages and cost. Prooided always, such bill be delivered up, or taken as aforesaid, be fore tho plaintiff offered the same back to the person of whora he re ceived it. ProuidiHl also, that no person be prosecuted in forra as aforesaid, but within one year after he puts off such bill ; which fact may be enquired into in form aforesaid. ^ Be it further enacted, that all and every person that hath, at any time, had any such bill that shall be taken from the possessor, or shall by the possessor be delivered up as aforesaid, and hath satisfied the person to whom ho put off said bill, for the sarae, shall have the like liberty of pros ecuting and taking remedy as aforesaid, against the person of whom he received the same. And that every assistant or justice that shall have such bill in bind, shall, at the cost of the party, safely convey the same to^any court where the same may be wanted in the trial of the case. And that if any court, assistant, or justice, had the possession of such false, counterfeit bill, the space of one year, he or they shall destroy the same. And whereas the putting out, and passing of bills, notes, or coins, to be used and improved as a general currency, or medium of trade, on private funds or credit, is an infrini^fement on the right and power of tlie State, and would greatly depreciate the public credit, and tend to create confusion, injustice, and mischiefs amonst the subjects of this State :— Therefore, Be it further enacted, SfC. that if any person, society, number of per sons, or company, within this State, shall presume to strike, emit, or .put out any bUls of credit, of the nature or tenor of the bills of credit in this St:ite, on any funds or credit of any person or persons, society, or cora pany, to be used and improved as a general currency, or raedium of trade, as and in lieu of money ; such person, or persons, society, or company, and every of them, sliall be subject to the sarae pains, penalties, and for feitures, and be punished in the'same raanner as those are by this act sub jected to, who shall be convicted of forging or counterfeiting the biUs of credit emitted by this State. And that if any person or persons in this State, shall utter, vend, or pass any bills, notes, or coins, or any other currencies whatsoever, which either have been, or hereafter shall be used as aforesaid, on the fund or credit of any private person or pt.'rsons, society or company whatsoever, 336 LAWS PASSED, FEBRUARY, 177c;. either in this or the neighboring States ; he or they, so offending, shall forfeit double the sura or value expressed in such bill, note, or other cur rency ; the one half thereof to hira or thera that shall prosecute the sarae to effect, and the other half to the town treasurer, when the trial shall be before an assistant or justice ; and to the county treasurer, when it shall be before the county court. And all grand-jurors and constables are hereby required to make pre sentment of all breaches of this act. AN ACT for authenticating Deeds and Conveyances. For preventing fraudulent and uncertain sales of houses and lands, — and to the intent it may be better known what title or interest persons have in or to such estates as they shall offer to sale. Be if enacted, 8fc. that henceforth, all deeds or conveyances of any houses or lands, within this State, signed and sealed by the parties grant ing the same, having good and lawful right or authority thereto, and at tested by two or raore witnesses, and acknowledged by such grantor or grantors, before an -assistant or justice of the peace, and recorded at length in the town clerk's records where such houses and lands do lie, shall be valid to pass, without any other act or ceremony in the law what soever. And that no bargain, sale, or mortgage, or other conveyance, of houses or lands, raade and executed within this State, shall be valid in law, to hold such houses and lands against any other person or persons but the grantor or grantors, and their heirs only, unless the deed or deeds thereof, be acknowledged and recorded, in manner as is before expressed. Provided nevertheless, that when, and so often as it shaU happen, that any grantor shall five in parts beyond the sea, or be reraoved out of this State, or be dead before any deed or conveyance by hira- or her so made, be acknowledged as aforesaid ; or in case the grantor or vendor neglects or refuses to acknowledge, as before raentioned, being thereto required by the grantee or vendee, his, her, or their attorney, executors, adrainistra- tors, heirs, or assigns ; in every such case, the proof of such deed or conveyance, raade by the oath of the witnesses, before an assistant, or judge of the superior or county court, shall be esteeraed in law, equiva lent to the party's own acknowledgment thereof. Be it further enacted, ^c that any mortgagee of any lands or tene ments, his or her heirs, executors, or administrators, having received full satisfaction and payraent of all such sura or suras of raoney, shall, at the request of the raortgager, his heirs, executors, or adrainistrators, acknowl edge and cause such satisfaction and payraent to be entered in the mar gin of the records of such mortgage, and shall sign the sarae ; which shall thereafter, forever discharge, defease, and release sueb raortgager, and perpetually bar all actions to be brought thereupon, in any court of record. And if such mortgagee, his or her heirs, executors, or administrators, shaU not, within ten days next after request in that behalf raade, and LAWS PASSED, FEBRUARY, 1779. ^iS? tender of his or their reasonable charges, repair to the records, and there make and sign such acknowledgraent as aforesaid, or otherwise sign and seal a discharge of the said raortgage, and release and quit claim to the ' estate therein raentioned to be granted, and acknowledge the same before an assistant or justice of the peace, he, she, or they so refusing, shall be liable to raake good all daraages for want of such discharge or release, to be recovered by action or suit in any court of record : and in CEise judg ment pass against the party so sued, he, she, or they, so cast, shall pay the adverse party treble cost arising upon such suit. Be it further enacted, that the town clerks in the several towns in this State, shall fairly enter and record at length in their records, all deeds, conveyances, and mortgages of lands, tenements, rents, or other heredit- araents, lying and being witbin the town where such clerk's records are kept, within this State, — raade, executed, and acknowledged or received in manner aforesaid, which shall be brought to him to record ; and shall, on receipt thereof in his office, note thereon the day, month, and year, -when he received the sarae, and the record shall bear date accordingly. Provided also, that where there are no inhabitants in such town, and consequently no town clerk or register, in every such case, such grants or deeds shall be recorded in the town clerk's record in the next adjoining town: and in case there is no clerk's office in any adjoining town, then such grants or deeds shall be recorded in the records of the county clerk in the county where the lands are, any thing in this act to the contrary notwithstanding. And be it enacted, that if any town clerk or register, within this State, shall neglect to do and perforra his duty according to this act, and be thereof convicted, he shall pay a fine of five pounds to the treasurer of the town whereto he belongs, for every such neglect. Be it further enacted, that any person or persons, having signed, seal ed, and delivered, a deed or grant of land, or buildings, and shall refuse to acluiowledge the sarae ; in such ease, the person or persons to whora such deed or grant was made, shall raake application to an assistant or justice of the peace (who are hereby authorised to hear and determine the sarae) for a warrant to bring such person or persons iraraediately be fore hira, and shew cause, if any there be, why he refuses to acknowledge the said deed or grant ; and if it doth not appear to the said assistant or justice of the peace, that the said grantor has just grounds to refuse to acknowledge the sarae ; and he or they stUl continuing to refuse, the said assistant or justice of the peace, raay commit the said grantor or grant ors to goal, there to reraain until he or they do acknowledge the said grant or deed. Provided always, that the party grieved have liberty to appeal frora the judgment of said assistant or justice of the peace, unto the next county court in said county ; and either party shall be debarred frora making any conveyance of said preraises, in the mean time, or until the matter be determined by said county court. T 2 338 LAW.S PASSED, FEBRUARY, J779. AN ACT for the punishing of trespasses in divers cases, and directing proceedings therein. Be it enacted, ^c. that no person or persons shall cut, fell, or destroy, or c.-triy away any tree or trees,, tiraber, stone, or under wood whatsoever, standing, lying, or growing, on the land of any other person or persons within this State, without leave of the owner or owners of such lands, on pain that every person so cutting, feUing and destroying, or carrying away the same, shall, for every such trespass, forfeit and pay to the party or parties injured or trespassed' upon, the sura of ten shiUings for every tree of one foot over, and for all trees of a greater dimension three times tlie value thereof, besides ten shiUings as aforesaid, and live shiUings for every tree or pole under that dimension ; wliich several penalties, for feitures, and damages, shall and maybe recovered by action, biU, plaint, or information, upon conviction of the tre.spasser or trespassers. Provided always, that no person that is not a resident of the town where tbe trespass is done, shall he enabled, by virtue of this act, to pros ecute another for trespass done on his unimproved lands, by cutting tim ber for any public use. Always provided, that the proprietors of common or undivided lands in the respective towns, may grant liberty for the cutting or felling any tree or trees, or carrying away timber, wood, or under wood, growing or lying on tiieir common or undivided lands, under such regulations and restrictions as tliey, or the major part of them, shall agree in their legal meeting ; and if they shall see cau.se, may appoint and irapower their agents or attornies in their place or stead, to prosecute any person or per sons that shall trespass on their undivided lands, contrary to this act. And the like power is hereby also given to the inhabitants of the sev eral towns in their respective town raeetings, with respect to the tiraber, wood, or under wood, growing or lying on lands within their township, sequestered for public uses. Provided also, and it is hereby enacted, that when the court, assistant or justice, before whom any trial upon this act shall be had, shall be well satisfied that the defendant was guilty through mistake, and that he really believed the timber, stone, or trees, complained of, was, when growing, on his own or some other person's land where he had a right to cut, &c. That, in such case, the defendant shall be sentenced to pay to the plaintiff only the just value of the tiraber felled, taken away, or destroyed, and cost of trial, and no raore. Be it further enacted, that if any person or persons shall unlawfully throw down, or leave open, any bars, gates, or fence or fences, belonging to, or inclosing any comraon field, or any lands held in propriety, or com mon, or belonging to any particular person or persons, within this State, .shall, for every such trespass, upon conviction thereof, forfeit and pay to the parties injured thereby, double daraages, and alscj a sum not exceed ing twenty-five shillings, according to the nature and aggravation of the trespass, to be recovered in raanner as aforesaid. Be it further enacted, that every person or persons that shall set fire ^n any land in this State, that shall run into any coraraon and undivided LAWS PASSED, FEBRUARY, 1779. 339 lands, or towns, commons, or lands belonging to any psu-ticular person or persons ; such person or persons setting such fire, or that shall be aiding and assisting therein, shall pay and satisfy to the owner or owners of the lands, all damages that shall be done by such fire, except he raake it ap pear that the damage happened by inevitable accident. That if any person or persons, having their faces blacked, painted, or any ways disguised, shall, cither by day or by night, corarait any of the trespeisses aforesaid ; or shall beat or abuse any of the subjects of this or any other of the American States, and be thereof convictij^ by due course of law ; such person or persons, so trespassing, shaU, over and above the penalties and daraages aforesaid, be publicly whipped, not ex ceeding ten stripes, as the nature of the trespass may require. That if any horse, or other beast, shall trespass in any corn field, or other iuclosure, being fenced in such sort as secures against cows, oxen, calves, and such like cattle, the party or parties trespassed upon, shall procure two able men, of good report and credit, to view and adjudge the harms done, which the owner or owners- of the beast or beasts shall satisfy, where known, upon reasonable demand, whether the beasts shall be impounded or not : but if the owner or owners be known, or near residing, as in the same town, or the like, notice thereof shall be given to him or them, or left at the place of kis or their usual abode, before an estimation be made thereof, to the end he or they, or some other person appointed by him or them, raay be present when the judgment is made; the like notice also, shall be left for him or them, of the damage charged upon them, that if he or they shall not approve thereof, he or they may repair to the select-men, or some of them, who shall, in such case, nomi nate and appoint two ahle and indifferent raen, to review and adjudge the said harras ; which being forthwith discharged and paid, together with the charge of notice, forraer and latter view, and determination of dam ages, the first judgraent to be void. Provided always, that when daraage is done to any person or persons, if it appear to be done or happen by the mere default of him or them to whom the damage is done, it shall be judged no trespass, and no dara age shall be given. AN ACT for the settieraent of testate and intestate estates. Be it enacted, ^c. that the executor, or executors, named by the testator of any last will or testaraent, or such other person or persons to whora the adrainistration of the estate of persons deceased shall be committed, calling, or taking to hira or them, two or more, to whom the deceased person was indebted, or made a league, and upon their refusal, or absence, two other honest persons, being ne.Yt of kin to the person so dying; or (on their default or absence) two or raore honest neighbors, friends to the deceased, — and in their presence, and by their discretion, being under oath, shall raake, or cause to be raade, a true and perfect inventory ef all the estate of the person deceased, as well )no\-e.ibIe as not moveable, 340 LAWS PASSED, FEBRUARY, 1779. whatsoever, and the sarae shall cause to be indented ; whereof the one part, by the said executor, or executors, adrainistrator, or administrators, upon his or their oath, or oaths, to be taken before the court which hath power to take probate of wills and testaments, granting administration, and the like, and shall be, by him or thera, deUvered to the said court of probate, and the other part to be and reraain with the said executor, ex ecutors, adrainistrator, or administrators. That if any executor or execu tors of the will of any person deceased, knowing of his or their being so naraed and appointed, shall not, within the space of thirty days next after the decease of the testator, cause such wUl to be proved, and recorded in the register's office of that district where the deceased person last dwelt ; cr present the said wUl, and declare his or their refusal of the executor ship ; every executor so neglecting of his or her trust and duty, in that behalf, (without just excuse raade and accepted for such delay) shaU for feit the sura of five pounds per month, from and after the expiration of the thirty days, until he or they shall cause probate of such will to be raade, or present the sarae as aforesaid. And upon any such refusal of the executor or executors, the court of probate shall corarait adrainistration of the estate of the deceased, with the will, unto the widow, or next of kin to the deceased ; and upon their refusal, to one or more of the principal creditors, as the court shall think fit. And if the executor or executors ofany last will and testaraent, brought for probate in any of the courts of probates in this State, shall not, within the space of two months next after the probate of such last will and tes tament, cause such inventory to be made, as aforesaid, and the same to be exhibited in the register's office of the same court of probate where the said will was accepted and recorded ; every executor, so neglecting his or her trust, in that case (without just excuse made to the judge of said court, and accepted for such delay) shall forfeit the sum of five pounds per raonth, from and after the said two raonths are expired, until he or they shall inventory the said estate, and exhibit the said inventory as aforesaid. Every such forfeiture, as well for not causing the will to be proved, &c. as for not exhibiting an inventory, as aforesaid, shall be and belong, one moiety thereof to the town treasury ofthat town where the deceased last dwelt, for the use of said town ; and the other raoiety to him or them who shall inforra or sue for the same, and prosecute to full effect — to be recovered by action or information, in the county where the testator last dwelt- And if any person or persons shall alienate, or embezzle, any of the goods or chattels of any person deceased, before he or they have taken out letters of adrainistration, and exhibited a true inventory of all the known estate of the said deceased ; all and every such person or persons so acting, shall stand chargeable, and be liable to the actions of the credi tors, and other persons grieved, as being executors in their own wrong. And the court of probates shall cause a citation to be raade out to the widow, or next of kin ; and upon their neglect of appearance, or refusal, may corarait administration of any such estate, to some one or more of LAWS PASSED, FEBRUARY, 1779. 341 the chief creditors, if accepted by him or thera ; or others, as the said court shall think fit, upon their refusal. And for preventing fraud in concealing any part of the estate of any person deceased, Be it further enacted, that if any person or persons in this State, shall have in his or their custody or possession, any goods or chattels belong ing to the estate of any deceased person ; or any biUs, bonds, accounts, or such other things as raay tend to disclose such estate ; and upon de mand of the same, made by the executor or adrainistrator of such estate, shall refuse to make delivery, or give a satisfying account thereof to the sai^ executor or administrator ; it shall be in the power of the next assis tant, or justice of the peace, upon complaint thereof, made to hira by the said executor or adrainistrator, to issue a warrant to soine fit person, to apprehend such offender, and to bring hira or her before such assistant or justice of the peace, who raay bind such person, with sufficient sureties, to appear before the next court of probates ; and the said court shall be, and is hereby irapowered to exaraine such offender or offenders, under his or their oaths, upon such interrogatories, touching such goods, chattels, bills, bonds, accounts, and other things, tending to disclose the estate aforesaid, as the said court shall think meet. And that if, therein, the offender or offenders shall refuse to be examined upon oath, or to answer fully to every interrogatory to such person or persons, to be adrainistered or put by the said court of probate, it shall be lawful for the said court to corarait every such offender to the comraon goal, there to remain until such person shall better conform. Be it enacted, that if any of the creditors or legatees of the deceased, are aggrieved by the appraiseraent of the estate raade by the adrainistra tor, or the persons by hira appointed, they may have relief by applica tion to the court of probates that granted administration ; which court is hereby irapowered and required to appoint twelve good and lawful raen of the neighborhood, and to swear thera to raake a new appraiseraent of such estate, at the true value and worth thereof, in coraraon estiraation, according to the best of their skill ; and the adrainistrator shall be ac countable for such estate, according to the appraiseraent thereof made by the said twelve men ; and if he make payraent of debts or legacies therewith, or any part thereof, the creditors or legatees sball have such estate at the value stated by such appraisers. Provided, said application be made to such court within three raonths after the inventory of such estate be exhibited in to the registry of the said court, and not after. Be it further enacted, that when, and so often as it shall happen, that any person dies intestate, administration of such intestates shall be grant ed to the widow, or next of kin to the intestate, or both, as the court of probate shall judge fit ; and on granting administration upon the estates of intestates, or others whomsoever, the court of probate granting such administration, shall take sufficient bond, with sureties, of such person or persons to whom administration is granted as aforesaid, for a faithful 342 J,AWS PASSED, FEBRUARY, 1779. discharge of that work : which bond shall be conditioned according to the form hereafter in this act directed. And the court of probates raay and shall proceed to call such adrainis- Irator or adrainistrators to account for, and touching, the estate of such deceased person, whether intestate or other. And whereas the lands and real estates of persons dying intestate, in this State, by ancient and immeraoHal custom, and common consent of the people, have descended to and among the children, or next of kin of such intestate, as heirs of such intestate ; and the same, by or der of the courts of probates, have generally been divided to and araong such heirs, in common witii the chattels, or raoveable est,^te ; and the estates, real and personal, of persons dying intestate, have, ever since the first settlement of this country, been divided araong, and settled upon the heirs of such intestates. And whereas, according to the ancient practice, it is necessary that the real as well as the personal estate be divided by the same court, in order to raake a just division of the whole estate ; whieh, by two dif ferent courts, proceeding in different raethods, and by different rules, cannot be effected. And whereas, in the courts of coraraon pleas, in the usual raanner of proceeding, no such division can be made; but in order thereto, it is necessary that the proceedings therein be in a raore suraraary way. And whereas, for the more certain, speedy, and just settlement of such estates, according to the said ancient law and custom, it is expe dient that sorae general rules of division, and raethods of proceeding, should be established by act of this Assembly : — Therefore, Be it further enacted, that the courts of probates, (debts, funeral, and other just expenses of all sorts, being by said court first allowed) shall, and are hereby fully irapowered, to order and raake a just division and distribution of the surplussage, or remaining goods and estate of any such intestate, as well real as personal, in manner following, that is to say, — one third part of the personal estate to the wife of the intestate (if any be) forever, besides her dower, or thirds, in the houses and lands during life, where such wife shall not be otherwise endowed before marriage ; and all the residue and remainder of the real and personal estate, by equal portions, to and among the children, and such as shall legally rep resent them, (if any of them be dead) other than such children who shall have any estate by settleraent of the intestate in his life time, equal to the other shares ; children advanced by settleraent or portions not equal to the other shares, to have so much of the surplussage as shall make the estates of all to be equal ; and the same shall be so divided, as that the male heirs shall have their parts irt the real estate, so far as the estate will aUow ; and where there are no sons, the daughters shall inherit as co parceners. And the division of the estate shall be made by three sufficient free holders, upon oath, or any two of thera, to be appointed by the said court of probate^ unless all the parties interested in any estate, being legally L.\WS PASSED, FEBRUARY, 1779,. 343 capable to act, shall mutually agree upon a division among theraselves, and present the sarae in writing, under their hands and seals ; in which case, such agreeraent shall be accepted and allowed for a settleanent of such estate, and be accounted valid in law, being acknowledged by the parties subscribing, before the said court of probates, and put upon record. Provided nevertheless, that when any estate in houses and lands can not be divided among the chUdren, without prejudice to, or spoiling of the whole, being so represented and made to appear unto the said court of probates, the said court raay order the whole to the eldest son, if he accept it, or to any other of the sons successively, (upon his refusal) — ho to whom it shall be ordered, paying to the other chUdren ofthe deceased, their equal and proportionable parts or shares of the true value of such houses and lands, upon a just appraisement thereof, to be made by three sufficient freeholders, upon oath, to be appointed and sworn as aforesaid ; or giving good security to pay the sarae, in sorae convenient time, as the said court of probate shall limit, raaking reasonable allowance in the in terest, not exceeding six per Centura per annura. And if any of the children happen to die before he or she corae of age, or be married ; the portion of such child, deceased, shall be equally di vided among the surviviors. And in case there be no children, nor any legal representatives of them, then one moiety of the personal estate shall be allotted to the wife ofthe intestate forever, and one third of the real estate for terra of life : the residue, both of the real and personal estate, equally to every of the next of kin of the intestate, in eq-jal degree, ancl those who legally rep resent thera : — no representatives to be adraitted araong collateral, after brothers and sisters children. And if there be no wife, all shall be divided and distributed among the children ; — And if there be no child, to the next of kin to the intestate, in equal degree, and their legal representatives as aforesaid. And every one, to whom any share or part shall be allotted, shall give bond, with sureties, before the said court of probates, (if debts afterwards be raade to appear) to refund, and pay back to the adrainistrator, his or her rates, or part thereof, and of the administrator's charges. And the widow's thirds, or dower, in the real estate, at the expiration of her term, to be also divided as aforesaid, if the same then remain un divided. Always provided, and it is hereby enacted, that if any person be ag grieved at any order, sentence, or decree, of any court of probates, raade for the settleraent and distribution of any intestate estate, or at any other order, sentence, decree, or denial, that shall, at any tirae, be made and given by the said court of probates, referring to the approbation and al lowance of any will, grant of administration, or other matters ; such per son may appeal therefrom, to the superior court, provided they give secu rity, and enter and prosecute such appeals, within the tiraes limited for that purpose, as is provided and dliccted in the law regulating such ap^ peals. 344 LAWS PASSED, FEBRUARY, 1779, Be it further enacted, that every court of probate shall, upon gKiiit- ing adrainistration upon the estate of any deceased person, take bond, with sufficient surety or sureties, to the judge of said court, and his suc cessors in that office, with this condition, viz : — The condition of this obligation is such, that if the above bounden A. B. adrainistrator of aU and singular the goods, chattels, credits, and estate of C. D. deceased, do raake, or cause to be made, a true and perfect in ventory of all and singular the goods, chattels, credits, and estate of the said deceased, which have, or shall, corae to the hands, possession, or knowledge ofthe said A. B. or into the hands or possession of any person or persons for hira ; and the same so raade, do exhibit, or cause to be ex hibited, into the registry of the said court of probates, in the district of at or before the day of next ensuing ; and the same goods, chattels, credits, and estate, and all other the goods, chattels, cred its, and estate of the said deceased, at the tirae of his death, which, at any tirae after, shall corae into the hands or possession of the said A . B. or into the hands or possession of any other person or persons for hira, — do well and truly adrainister according to law — and further, do raake, or cause to be raade, a true and just account of his said adrainistration, at or before the day of and all the rest, and residue of the said goods, chattels, credits, and estate, which shall be found reraaining upon the said administrator's account, the same being first examined and allowed by the said court of probates, shall deliver, and pay unto such person or persons respectively, as the said court of probates, by their de cree, or sentence,pursuant to the true intent and meaning of the law, shall limit and appoint : and if it shall hereafter appear that any last wUl and testaraent was made by the said deceased, and the executor, or executors, therein named, do exhibit the same into the said court, making request to have it allowed, and approved accordingly: — if the said A. B. being thereunto required, do render and deUver the said letters of adrainistra tion (approbation of such testaraent being first had and made) in the said court, — then this obligation to be void, and of none effect ; or else to re main in full force and virtue. And be it further enacted, that all sales and alienations of houses and lands (belonging to the estate left by any deceased person) made by the administrator or adrainistrators of such estate, shall be void and of none effect ; unless such sales and alienations shall be raade by the aUowance and order of the General Asserably of this State, or by the judge find' ing the estate insolvent. -? And all such houses and buUdings as appertain to the estate of any person deceased, shall be kept and raaintained intenantable repah-, by the revenue of the lands belonging to such estate ; and shall, in such repair, be delivered to the heirs, or legatees, at the tirae of the division or distri bution thereof — extraordinary casualties excepted. Be it further enacted, that whensoever the estate of any person de ceased, shall be insufficient to pay the just debts charged upon the same, such estate shall be disposed ol by the administrator, in the best way and Duuiner, as the judge shall order ; and the produce thereof divided LAWS PASSED, FEBRUARY, 1779, 31 .'1 and distributed to the creditor*, in proportion to the sums respective ly owing to them, so far as tho estate will extend ; saving tin- debts due to this State, and for the 1,-ist sickness, and iu-( essary funeral charges of ofthe decfswed, are to be first paid. And the executor, or administrator, appointed to administer on such insolvent estate, before payment be marie to any person, (except :i.s be fore excepted) shall repn-scnt the condition and circumstances thereof to the juili/e of probate, who shall nominate and appoint two or more fit and indifferent persons, commissioners, who -sliyU be sworn to a true and faithful performance of their trust ; who shall then proceed to ap point tirne.s and places to sit and examine the clairas on such estate, and publish the sarae, by sotting up or posting notifications thereof, in some public place in thit town where such deceased person last resided, and also in trie two next county towns. And the said judge shall al low two, six, twelve, or eii;liteen months (as the circumstances of the estate may require) for tht; creditors to bring in their claims, and prove their debts: at the end of which limited tirae, such conimis- .sioners shall raake their report, and present a list of the clairas unto the said judge, who shall order thera a meet recompense for their trouble, out of sueb estate. And the debts due to this state, and for the last sickness, neces.sary funeral charges, and cost of settlement, being subducted, the judge shall also order the rem;]iiider to be divided to the other creditors that shall have made out and evidenced their claim.s, as aforesaid, in due firnportion as aforesaid ; saving to the widow (if any be) such house hold goods as in this art hereal'tfT arc aUowed her, and her dower durinc' life ; which shaU also be sold by the administrator immediately, with the incumbrance of tke widow having the u.se thereof durinL^ her liie. Provided always, that notwithstanding the n-port of any such com- missioner.s, or allowances thereof made by tlie court of probate, it shall and may be lawful to and forthe executors or administrators aforesaid, to contest the [iroof of any debt, at the common law. And no [iro- cess in law (excf.'pt for debts due to this state, antl for sickness, and funeral r:liargesj shall be admitted or allowed a(.^ainst the exemtors or administrators of any insolvent estate, so long as the sarae shall be de pending, as aforesaid. And whatsoever (creditor shall not make out hi.s or lier claim, with .•^Nch commissioners, before the full expiration ofthe time set and Ura ited for th.it purpos/-, as aforesaid; such rn;ditor sliall forever after be debarred of his or her debt, unless he or she can shew or find some oth er or furtlier estate of the deceased, not before di-icovered and put into the inventory. And be it further enac.l.cd, that when it ^ijail happen the jiersonal estate of a deceased intestate, leaving a widow, is not sufficient for the paym<-nt of the debt8 of the said dt'ceased, besides such household goods as are necessary for the support of Ufe, and are exempted froni execu tion, in the- law, intitled, " An Acl frr dlredrnfr and regulating the li:v- ying and serving i".ccculioriH ;" — in such rases, the court of probate that grants administration ofthe estate of the deceased, shall order unto the widow ofthe said deceased, such neces.sary household goods as ai-n expressed in said act. for ii«e (Uirma li/'o 346 LAWS PASSED, FEBRUARY, 1779. AN ACT for the preservation of Deer. Be it enacted, ^c. that no person or persons whatsoever, within this State, at any time between the tenth of January and the tenth of June next following, in each year, annually, forever hereafter, shall any ways whatsoever, kill or destroy, directly or indirectly ,any buck, doe, or fawn, on pain that every such person, so offending, and being thereof convict ed, shall forfeit and pay for every such offence, the sura of fifteen pounds ; the one moiety thereof to the person or persons that shall prosecute the same to effect, and the other moiety to the treasury of the town in which ihe conviction is raade. And if any person or persons, so convicted, shall be unable to satisfy such judgment, such offender shall be, by the assistant or justice of the peace before whora the offender is convicted, put to, and assigned in service, to the coraplainer, or some other meet person, a sufficient term of tirae for the answering such judgraent. Any one assistant, or justice of the peace, shall hear and determine any offences committed against this act. And the more effectually to detect such offences. It is further enacted, that if any venison, skin or skins, ofany buck, doe, or fawn, newly killed, shall, at any tirae, wherein the killing there of is by this act prohibited, be found with, or in possession of, any per son or persons whatsoever ; such person or persons shall be held and ac counted guilty of killing deer, contrary to the intent of this act, as fully as if it was proved against such persons by sufficient witness, viva voce ; unles»such person or persons do bring forth, or raake proof who was the person or persons that killed or sold the sarae ; or unless such person can satisfy the judge, before whora the case is tried, that he or they were not the killers, but that the venison, skin or skins were thrust into his or their custody or possession, by sorae other person, to insnare hira or thera : in either of which cases, they shall not incur the penalty afore said. That it shall and may be lawful for any person, on just cause of sus picion ofthe breach of this act, by killing any buck, doe, or fawn, as aforesaid, to take out a search, frora the next assistant, or justice of the peace, as in ordinary cases of lost or stolen goods, or the like, to search for venison or skins, that such offenders raay be detected. And the grand-jury-men, and constables, in the respective towns, are hereby strictly required to make diligent enquiry after, and presentment or inforraation make, of all breaches of this act; who, upon their prose cution thereof, shall have the same reward as other informers by this act are intitled to. AN ACT for preventing and punishing Riots and Rioters. Be it enacted, 8fc. that when three persons, or more, shall corae or asserable theraselves together, to the intent to do any unlawful act, with force and violence, against the person of another, as to kUl, beat, or other- LAWS PASSED, FEBRUARY, 1779. A I"/ wise to hurt ; or against his posscssession, or goods, as to break open, or to puU down any house, building, or fenc<-, wrongfully ; or to cut or take away corn, grass, wood, or other goods, wrongfully ; or to do any other unlawful act, with force or violence, against the peace, or to the mani fest terror ofthe people; and being required or commanded by any ofthe civU authority, by proclamation, to be made in the forra herein after di rected, sh.-ill not disperse themselves, and peaceably depart to their hab itations or lawful busines ; or, being so asserabled as aforesaid, shall do any unlawful act against the (lersoii, possessions or goods of any raan ; or against the public interest, in any particular, in manner as aforesaid, and be thereof convicted before the county or superior court, in the county where this law shall be transgressed and broken, shall be punished by fine, not exceeding, for each person, the sum of two hundred pounds • imprisoniiii'iil, not exceeding six months, or by whipping, not exceed ing forty stripes : and the number convicted shall pay all daraage to the aggrieved party, as shall arise by such disorder, together with cost. And whensoever it shall so happen, that there be a number who trans gress this law, and one or more of them is unable to pay the damage and cost, the daniace and cost shall be paid by the persons who are offen ders with them, and arc of ability to pay the same: — Any, or aU ofthe aforesaid punishments, at the discretion ofthe court that hatii cogni-/.--ince of such offence, as the nature and circurastances of the fact shall require. That the order and forra of the proclaraation before-raentioned, shall be as followeth, — that is to say, — the peison authorised by this act, shall, ¦among, or as as near as he or they can safely come to said rioters, with a loud voice command, or cause to be commanded, silence to be, whilst proclamation is making ; and after that, shall openly, and with a loud voice, make proclamation in these words, or like in effect, viz. In the name qf the freemen of this State, I command all persons, be ing assembled, immediately io disperse ihemsolm's, and depart io iheir habitations, or io their lawful hiishicsa, upon the pains contained in ihe law ofthi-i Slate, intitled, an act for ])reventing and punishing riots and rioters. And every assistant, justice ofthe peace, sheriff, under-sheriff, select man, on constable, within Iheir respective jurisdictions, are hereby au thorised, impowered, and required, on notice or knowledge of such un lawful and riotous assembly, to resort to the place where such asserably shall be, and there make proclamation as aforesaid. Be it further enacted, that if such persons, so unlawfully assembled, or any three or more of thera, after proclamation made as aforesaid, shall continue together, and not disperse theraselves ; that then it shall and may be lawful, to and for every assistant, justice ofthe peace, sheriff, un der-sheriff, select-man, or constable, where such riotous asserably shall be, and to and for such other person or persons as shall be commanded to be assisting to such assistant, justice ofthe peace, sheriff, under-sheriff, select-man, or constable — who are hereby authorised and impowered to comraand all the inhabitants of this State, to be assisting thera therein — lo seize and apprehend, and they are hereby required to seize and appre- 348 LAWS PASSED, FEBRUARY, 1779. hend such persons, so unlawfully and riotously continuing together, after proclaraation raade as aforesaid ; and forthwith to carry the persons, so apprehended, before sorae assistant, or justice ofthepeace, in order to their being proceeded against, according to law. And if any of the persons, so unlawfully and riotously asserabled, shall happen to be killed, raaimed, or hurt, in dispersing, or apprehend ing, or in endeavoring to disperse or apprehend thera, by reason of their resisting the persons so dispersing, or endeavoring to disperse or appre hend them ; that then, every such assistant, justice of the peace, sheriff, under-sheriff, select-raan, or constable, and all and singular the persons being aiding and assisting to them, or any of them, shall be freed, discharged, and indemnified, from any bill, coraplaint, indictraent, or ac tion, that may be commenced against them, on that account. Be ii further enacted, that if any person or persons do, or shaU, for cibly, wUfully, and knowingly, oppose, obstruct, or in any manner, wil fully and knowingly oppose, let, hinder, or hurt, any person or persons that shall begin or attempt to proclaim, according to the proclamation hereby directed to be made, whereby such proclamation shaU not be raade, — and be thereof convicted by due course of law, shaU forfeit or suf fer in manner and forra as aforesaid. And that all and every such person or persons, so being unlawfully and riotously assembled, to the nuraber of three as aforesaid, or raore, to whora proclamation should or ought to have been raade, if the sarae had not been hindered as aforesaid, shall, likewise, in case they, or any of them, to the number of three, or more, shall continue together, and not immediately disperse theraselves, after such let or hindrance, so made, having knowledge of such let or hindrance so made, and be thereof convicted by due course of law, shall forfeit, suffer, or be punished, in manner and form as aforesaid. Provided always, that no person or persons be punished, by virtue of this act, unless prosecution be coraraenced within six months after the offence is coraraitted. AN ACT for appointing of Sheriffs ; and for irapowering and regulating thera in the execution of their office. Be ii enacted, Sfc. That there shall be a sheriff appointed, according to the constitution, and duly qualified to execute the sheriff's office, in each of the counties in this State, who shall become bound before the Governor and CouncU, with two sufficient sureties, freeholders in this State, by a recognizance, in the sura of two thousand pounds, for the faithful adrainistration and discharge of said office, and for tiie answering all such daraages as any person or persons shall sustain, by any unfaith fulness or neglect in the same ; and before he executes said office, shall, before the governor, or in his absence, the deputy governor, take the oaths required by law, to be taken by such as execute the said office ; and shall receive a warrant or coraraission frora the governor, or in his LAWS PASSED, FEBRUARY, 1779. 349 absence, the deputy governor, expressing him to be elected and qualified as aforesaid, authorizing him to execute said office. And every person, being so commissioned, shall be accounted lawful sherifl' of the county for which he is appointed ; and shall have full power and authority to serve and execute all lawful writs, within their respective counties, to them directed, coraing from lawful authority : and shaU have and exe cute the power of water bailiffs, which is hereby annexed to the sheriffs office. And also shall have full power, within their respective counties, to conserve the peace, and to suppress, with force and strong hand, when the necessity of the case shall so require, all turaults, riots, routs, and other unlawful asserablies ; and to apprehend, without warrant, all such as they shall find so as aforesaid, appearing in the disturbance ofthe peace, and cause thera to appear before the next assistant or justice of the peace, who raay, as the cause, after exaraination thereinto, shall re quire, bind over such offenders to the next county court, in that county wherein the offence is coraraitted ; which court, upon conviction, shall punish thera, and every of them, agreeable to an act of assembly /or pre- veniing and punishing riots and rioters. That the sheriffs aforesaid, shall have full power to comraand suitable persons within their respective counties, — such nuraber of thera as they shall judge needful — to assist thera, in the execution of their office, in ev ery branch thereof. And whosoever being of age and ability , and be ing so comraanded, shall neglect or refuse to yield his assistance to any sheriff, in the execution of his office, arfti be thereof convicted, before the county court of that county, shall pay a fine of twelve pounds, and charges of prosecution. And each and every constable in this State shall, within their respect ive towns, have power equal to what is hereby given to sheriffs, in their respective counties. And in case great opposition shall be raade against any sheriff, in executing lawful writs, or in serving lawful writs and processes ; or in case there be a suspicion that such great opposition wUI be raade ; such sheriff is hereby authorised, by and with the advice of two assistants, or one assistant and one justice of the peace, and of such other assistants and justices as may be present, to raise the mditia ofthe county, or so many of them as they raay judge needful, for the removing all opposition out of the way; and shall proceed therein, and be indemnified, as is provided by the law, intitled, an act for preventing and punishing riots and rioters. And all mUitary officers and soldiers, are hereby comraanded to yield obedience to the sheriff's commands, in such cases, on the pains and pen alties hereafter raentioned. That if any coraraissioned officer, or soldier, belonging to the railitia of this State, shall neglect or refuse to obey the coraraand of the sheriff, under the regulations aforesaid, and be thereof convicted before the coun ty court, such officer shall pay a fine of thirty pounds ; and every such soldier shall pay a fine of twelve pounds : and the charges which shall arise, and the damages which shall be sustained, upon such an occasion. 350 LAWS PASSED, FEBRUARY, 1779. shall be paid and satisfied out of the estates of hira or them who are the occasion of it ; and in case no estate, or not sufficient to answer the said charges and daraages, can be found, it shall be paid out of the county treasury where such case shall happen ; and for want of raoney in the treasury of said county, it shall be paid out of the treasury of this State. And the sheriff is hereby authorised to seize and dispose of a suffi ciency of the offender's estate, if to be found, to answer the charges and damages aforesaid. And the wages of such officers, soldiers, and other persons, coraraand ed to the assistance of the sheriff, shall be thirty shillings per day for a captain, twenty-four shillings for a subaltern, and twenty shiUings for each sentinel, or other person, employed.in such service. And the sheriffs shall have full power to search the houses, in their re spective counties, for any persons they shall have warrants frora proper authority to apprehend, in matters of delinquency, or of a criminal na ture : and any person who shall refuse the sheriff entrance into his house, or threaten hira if he does enter, or abuse him, or his assistants, when he or they do enter the bouse of any person, although it is by force, on such an occasion, and be thereof convicted before the county court, shall for feit and pay a fine of one .hundred pounds, and all damages that shall arise from Such disorder. And the constables shall have the like power and authority in their respective towns ; and persons opposing them shall be subject to the same penalties. And the sheriffs shall not return that they cannot do executioa- And the more effectually to oblige sheriffs and constables to perform the services of their offices, Be ii further enacted, that sheriffs and constables shall receive all manner of writs, in any places, or at any times within their counties or towns, when and wheresoever they shall be tendered to thera, and shall execute the sarae, and make return thereof, according to the directions therein given. And any person may demand of the sheriff or constable to whora he delivers any writ, to give a receipt therefor, under his hand, wherein the names of the parties, the sum or thing in deraand, the date of tbe writ, and of its delivery shall be contained ; and on bis refusal, others present may set their hands as witnesses to such delivery. And if such sheriff or constable shaU not execute the writ, or shall neglect to make return thereof, or make a false or undue return ; on complaint thereof, made to the court or justice to which it was returna ble, the.court or justice may enquire thereof, by the evidence produced ; and if it be found in default, the court or justice may set a suitable fine upon him,-'and award daraages to the party wronged ; having respect un to the quantity and quality of the action, and the daraages that might have happened to the aggrieved, by the delay. Which process, against such sheriff or constable, shall be served at least fourteen days before the sitting of the court, wherein it is to be tried. And that whensoever any sheriff or constable shall be sued for not ex- LAWS PASSED, FEBRUARY, 1779. 3 J I ecuting any writ of execution, delivered to him to be executed, there shall be no appeal or review allowed in any such case. Provided, receipt be demanded, or received, of such officer, for such writ of execiuion, at the tirae of the delivery thereof, as is herein before provided. Be it further enacted, that whenever any sheriff, or constable, by vir tue of any writ of execution, shall seize any goods or chattels, to answer and satisfy such execution, and any person shall appear to receive such goods and chattels in his care, apd shall give to such officer a writing, well executed by such person, therein expressing the receipt of such goods and chattels, and thereby promising to re-deliver the same to such officer, and shall faU of performing accordingly, and any action shall be brought by such sheriff or constable, against such person on such receipt, there shall be no appeal or review allowed or granted in such case. And that no sheriff, under sheriff, sheriff's deputy, or constable, shall be allowed to draw, or fill up, any writ, coraplaint, process, or declara tion, in any case whatsoever ; nor appear in any court, as ' an attorney for, or in behalf of any person whatsoever. And if it shall appear, in any case, that the writ, process, declaration, or complaint, was drawn or filled up by any sheriff, deputy sheriff, or constable, (their own cases excepted) the sarae shaU be dismissed, and the plaintiff shall be nonsuited; any law, usage, or custom to the con trary notwithstanding. And all processes, served by any sheriff or constable, shall be by them returned to the courts or justices before which the caises are to be tried, before the time set in the processes for trial. Be it further enacted, that the sheriffs in each county in this State, be, and they are hereby impowered to depute, each of them, two meet persons, to act or officiate as under sheriffs ; for whose conduct in said office the sheriffs are to be accountable. AN ACT regulating Juries and Jurors. Be it enacted, Sfc. that whensover any person shall be indicted for trea son, felony, or other high-handed raisderaeanors, which the superior court shall judge necessary, the sheriff attending such court, being ordered thereto, shall summon twenty-four freeholders ofthe vicinity for a grand- jury, eighteen at least of whom shall be irapannelled and sworn to raake due inquiry and presentraent in the preraises, in behalf of the freemen of this State ; and if they do find the bill or indictraent to be founded on good and sufficient evidence, they shaU write on the bill or indictment, — a true bill; and if they do not find the bill or indictraent to be supported by evidence they shall write, — bill not found; in which case, the person so. indicted shall be acquitted, otherwise the court shall proceed to trial; and, in like manner, shall the grand-jury proceed with regard to indict ments before the county courts : and the grand-jury sumraoned by the sheriff to attend the superior court, shall be paid after the sarae rate as 352 LAWS PASSED, FEBRUARY; 1779. those summoned to attend the county court ; and for default or non-at tendance, shall be liable to the like penalty. Provided always, that where the sheriff is a prosecutor, or stands in the relation of father, son, or brother, by nature or marriage, to the prosecu tor, or delinquent, or party; landlord, or tenant, to the prosecutor, or delinquent, or party ; the court shall order sorae indifferent person to suraraon the grand-jury. Be it further enacted, that sorae convenient tirae before the sitting of the superior or county court, the clerk of such court shall issue out war rants, directed to the constables of the several towns within the county where such courts are to sit, or so raany of thera as shall appear to him to be necessary, to summon so many able freeholders, as the warrant shall direct, to attend and serve as jurors at said court. And the jurors to attend the superior or county court, shall be sum moned to attend at eight of the clock on the second day of the sitting of such courts. And the constable shall make tiraely return of the warrant to the clerk who granted the sarae, with an indorsement thereon, certifying whom he has summoned, for the purpose aforesaid ; on pain that every constable, neglecting his duty therein, shall forfeit and pay to the county treasury a fine, not exceeding five pounds, at the discretion of the judges of the court ; unless such constable shall seasonably make his excuse, to the acceptance of such court. Tbat if any juror, summoned as aforesaid, shall make his default of appearance, according to the directions of such warrant, he shall forfeit and pay unto the treasurer of the county wherein he dwells, the sura of thirty shillings; unless the court, before whom the action shall be tried, on hearing the excuses made in his behalf, shall judge thera sufficient. Be it further enacted, that when it shall so happen, that a sufficient number of jurors, suraraoned as aforesaid, do not appear ; or if, by rea son of challenges, or other just cause, there shaH not b^ a sufficient nura ber of jurors to raake up the pannel or pannels, the court shall order the sheriff to fill up the jury or juries, by summoning a sufficient number df substantial freeholders of the vicinity. Provided always, that where the sheriff stands in the degrees of rela tion or connection, before recited in the regulations of the grand-jury, sorae constable, or indifferent person, shall be ordered to summon the jurors. And such jury shall be called the petit-jury, and shall, in matters of dispute, deterraine the matter in issue, witb the daraages ; and in raatters of a crirainal nature, shall find the delinquent guilty or not guilty; and the judges shall deterraine the punishraent according to law. Be it further enacted, that whensoever it shall be necessary for a jury to attend a justice's court, in matters of dispute, the parties may niutu- ally agree on the jury, and shall be advised thereto by the raagistrate; ,and upon refusal or neglect of either party, as also in criminal cases, or matters of delinquency, the foUowing method shall be taken to procure and impannel a jury, — that is to say, , The constable shaU write the names of eighteen respectable freeraea LAWS PASSED, FEBRUARY, 1779. 353 t>r freeholders of the vicinity, on eighteen distinct pieces of paper of an equal size, and roll each peace up so that the name is not to be seen, and deUver them to the justice, who shall put them into a box, and shaking it, so that they shsdl mix together, shaU draw out one, which person so drawn shaU be one of the jury; unless excepted against, or challenged by either of the parties ; and so proceed drawing untU he has drawn six that are not excepted against or challenged ; or in case the first twelve are challenged or excepted against, and the parties do not agree to raake choice as aforesaid, the last six shall be the jury ; and the jury shall be suramoned by the constable, being thereto required by the justice : which jury shall find the raatter in issue, cind daraages, in mattei s of dispute; and in raatters of a criminal nature, or of delinquency, shall find the criminal or delinquent, guilty, or not guilty ; and the assistant or justice, or assistants and justices, shall deterraine the punishment according to law. Provided always, that whenever the constable shall stand in relation or connection before recited in tbe regulations of the grand-jury, sorae indifferent person shall be ordered to write the naraes of the eighteen freeholders aforesaid, and do all the duty of the constable prescribed in the foregoing paragraph. And if any juror, drawn and suraraoned as aforesaid, to attend on a justices court, shall raake default of appesirance, he shall be liable to tbe same forfeiture as jurors for the superior or county court are, in such case, unless he shall raake sufficient excuse a^ in that case. And when it shall so happen that any one or raore of the six juryraen, so sumraoned, cannot be had, and the parties will not agree on a person or persons to fill such vacancy, the constable, or person doing the consta ble's duty, shall proceed to write the naraes of three tiraes the nuraber so wanting, on distinct pieces of paper, and deliver, and draw as before mentioned, and in that way fill such vacancy. Be it further enacted, that the judge or judges of any court, shall have power, if they judge the jury have not attended to the evidence given in, and the true issue of the case, in their verdict, to cause thera to return to a second consideration of the case, and shall, for like reason, have power to return thera to a third consideration, and no more. And when the court have coraraitted any case to the consideration of the jury, the jury shall be confined under the care of an officer appointed by the court, untU they are agreed on their verdict : and the court may set a suitable fine, not exceeding ten pounds, upon such officer or jury man as shall be disorderly, or neglect or refuse a due attendance of their duties respectively, during their attending such court. Be ii further enacted, that whensoever any person shaU be tried for life or limb, he may challenge thirty-five ofthe petit-jury; and in aU other cases, twice the number that are to be irapannelled, raay be chal lenged. That all juries shall have power and authority to choose their fore man : which foreman shaU declare their judgment or verdict. W 2 354 LAWS PASSED, FEBRUARY, 1779. AN ACT for the ordering and preserving Sheep, &c. Ue it enacted, &c. that the inhabitants of the respective towns withiii this State, at their respective town-raeetings, shall have power apd au thority to make necessary acts for the restiaining of rams from going at huge, and for securing tbeir sheep frora being destroyed by dogs ; and for stopping hounds frora worrying deer within their towns. And no damage shall be recovered against any person, for kiUing any dog or dogs, accoiding to the orders of such town. And the more effectually to prevent mischiefs being done, by dogs, to sheep in this State, Be it further enacted, that when any person or persons, li\ ing in any to\vn in this State, shall complain to any one of the select-men of such town, of damages done among sheep, by their being wounded, worried, or killed by dogs, in the woods, or elsewhere, in such town, and shallin- I'orra such selctt-raan what, and whose dog they suspect did said mischief; such select-raan shall consider such complaint, and any other raatters that may be offered, to convince him of. the reasonableness or unreasonable ness of such suspicion ; and if he be satisfied there is great suspicion that tho dog or dogs complained of have done said mischief, such select-man shall give sentence, that such dog or dogs sball be killed : after which it .shall be Idwrul for any person to kill such dog or dogs. And if, after such sentence be given, (such dog or dogs not being kill ed) such mischief shall again be done by dogs, the owner of such sheep, worried, wounded, or killed by dogs, shall recover all his damages against the owner or owners of such dog or dogs, sentenced to be killed as afore said : unless, upon trial, the owner or owners of such dog or dogs shall satisfy the court or justice before whom the trial is, that tbe damages were not done by his or their dog or dogs, sentenced as aforesaid. Always provided, that the owner or owners of such dog or dogs, be notified of the sentence aforesaid, before the daraages sued for was done : and that no prosecution, by virtue of this act, for such damages, be made after six days fVora the time such daraages are done. AN ACT for the punishment of divers capital and other Felonies. Be it enacted, S,''c. that if any person shall conspire, or attempt any invasion, insurrection, or public rebellion against this State ; or shall, treacherously and perfidious'ly, atterapt the alteration and subversion of our frarae of government, fundamentally established by the constitution of this State, by endeavoring the betraying ofthe same into the. hands of any foreign power, he sball be put to death. That if any man or woman shall lie with any beast, or brute creature, by carnal copulation ; such person shaU surely be put to death, and the beast shall be slain and buried. That if any .raan Ueth with man-kind, as he lieth with a woman, both LAWS PASSED, FEBRUARY, 1779. 35f) ¦of them have coraraitted abomination ; they both shall surely be put to death. E.xcept it appear that one of the parties were forced, or undei- fifteen years of age; in which case the party forced, or under the age aforesaid, shall not be liable to suft'er the said punishment. That if any person rise up by false witness, wilfully, and of purpose to take away any man's life ; such offender shall be put to death. That if any person, of the age of sixteen years, or upwards, shall wilfully, and of purpose, burn any house, barn, or outhouse, to the pre judice or hazard ofany person's life, he shall be put to death. Or if no prejudice or hazard to the life ofany person, happen thereby, shall suffer such other severe punishraent as the superior court shall deterraine, and also satisfy all damages to the wronged or aggrieved party. That if any person, on purpose, and of raalice forethought, and by lying in wait, shall cut out or disable the tongue, or put out an eye, or eyes, so that the person is thereby raade blind ; or shall cut off all, or any ofthe privy raembers of any person, or shall be aiding or assisting therein, such offender shall be put to death. That if any person within this State, shall blaspheme the name of God, the Father, Son, or Holy Ghost, with direct, express presumption, and high-handed blasphemy ; or shall curse in the like raanner ; such person shall be put to death. AN ACT to preyent the return to this State, of certain persons therein naraed, and others who have left this State or either of the United States, and joined the enemies thereof. Whereas * and many other persons, have voluntarily left this State, or some of the United States of America, and joined the eneraies thereof; thereby, not only depriving these States of tbeir personal ser vices, at a time when they ought to have aflbrded their utmost aid in de fending the said States against the invasions of a cruel enemy, but raani- festing an iniraical disposition to said States, and a design to aid and abet the eneraies thereof, in their wicked purposes. And whereas raany raischiefs raay accrue to this, and the United States, if such persons should again be adraitted to reside in this State. Which to prevent. Be it enacted, &c. that if the said , or any of the before raentioned persons, or either of them, or any other person or per sons, though not specially naraed in this act, who have voluntarily left this State, or either of the United States, and joined the eneraies thereof, * Here follow the names of one hundred and eiglU person.", viz : — from Pownal, 1 2— Bennington, 1 — Shaftsbury, 3— Arlington, N— M;lllch^^tcr, 8— Dorset, ii— lieupert. 3— Pawlttt, 5— U'ells, 7- Danby, 2— Walliugford, I— Claieiidon, Ifi— Kiill.iiiil, 3— Cistlc- ton, 6 — Pittsford, I — Cornwall, I — Bridport, i — l-.iiiioii, I — !Vew Haven, i; — Fcjii:. burgh. I — Shflbunie, 2— IVewfane, 3— Brattleboro, i — VVeslniins er, I — Rccl.iug'.am, I — Cheater, 1 — Kent, (now Londonderry) 1 — II -rtford, (now Hartland; 2., It has appeared to the editor ob^-ioosly improper to gratify (he public curiosity, at J 11c expense of the feelings of individuals. The names \il;if!i -.-onslitu'.c lliis li:l, are, tlieic fore, oraittpd. 356 LAWi PASSED, FEBRUARY, 1779. as aforesaid, shall, after the passing this act, voluntarily return to this State, it shall be the duty of the sheriff of the county, his deputy, the constable, select-raen, or grand-jurors of the town where such person or persons may presurae to corae, and they are hereby respectively impow ered and directed, to apprehend and carry such person or persons before an assistant or justice of the peace ; who is hereby required to call to his assistance one or more assistants or justice ofthe peace, who are hereby directed to give their attendance, according to such requisition ; and if, upon examination into the matter, the said justices shaU find that the person brought before thera is any one of the before described persons, they shall order him to be whipped on the naked back, not raore than forty, nor less than twenty stripes ; which punishment shall be inflicted, and the delinquent shaU be ordereii to quit this State, immeciiately. Be it furtlier enarted, that if any person shall continue in this State, one raonth, or shall presume to come again into this State, after such con viction, (without liberty first had and obtained therefor, frora the Gov ernor, Council, and General Assembly) and be convicted thereof, before the superior couvt of this State, he shall be put to death. Be it further enacted, that if any person shaU, willingly or wUlfuUy, harbor or conceal any of the persons above naraed or described, after their return to this State, contrary to the design of this act ; such person, so offending, shall, on conviction thereof before the superior court, for feit and pay the sura of five hundred pounds ; two thirds thereof to the use of this State, the other third to the use of hira or them who shall . prosecute the sarae to effect.* AN ACT concerning Delinquents. Be it enacted, &c. that whensoever any person shall be complained of, indicted, or in any wise prosecuted, for any raatter of delinquency, or ofa crirainal nature, by any other person than a county or town inform- ing-officer, and that within the town or county, where, both the com plainer and the person complained of, does belong, and such complaint cannot be supported ; such person so complaining, shall pay the cost ari sing on such suit. And whensoever any person shall be complained of, indicted, or in any wise prosecuted, for any raatter of delinquencies, or of a crirainal nature, by any county or town inforraing-officer, of the county or town where he does belong, and such coraplaint or indictraent cannot be sup ported, the necessary cost arising on such prosecution, shall be paid out ofthe treasury into which the fine would have been paid, had the delin quent been fined upon such prosecution. Be it further enacted, that, in all raatters of delinquency, or of a crirainal nature, where the person complained of, or prosecuted, is con victed, he shall pay cost of such prosecjtion : and, in case such crira inal, or deUnquent, have not estate to pay such cost, it shall and may be -* This Act was repealed, ^'ov. 8, I73(). LAWS PASSED, FEBRUARY, l77f. 357 la-wful for the court, assistant, or justice, before whora such process shall be, to dispose of such person in service, to any freeraan of this corpora tion, so long a tirae as shall be necessary to procure raoney sufficient to answer the charges arising on such prosecution. But if it shall so happen, that such charges cannot be obtained out of the estate or service ofany person so convicted, such charges, if the trial be in the superior court, shall be paid out of the State's treasury ; and if the trial be in the county comt, such charges shall be paid out of the county treasury ; and if the trial be in a justice's court, such charges shall be paid out of the treasury ofthe town where such delinquent lives ; or if he has no residence in any town in the county, out of the treasury of the town where the conviction is had ; and the court, or justice, shall give order accordingly. Be it further enacted, that no person shaU be twice sentenced for one and the sarae crirae, trespass, or offence. That if any person or persons, on his examination or trial for delin quency, sball. either in words or actions, behave conteraptuously or dis orderly, it shall be in the power ofthe court, assistant, or justice, to in flict such punishment on him or thera,as they shall judge the nature ofthe offence niriy require. Provided always, that no single minister of justice shall inflict any greater punishment, than imprisonment for one month; binding to the peace, or good behaviour, until the next county court ; putting them in the stocks, there to sit not exceeding two hours ; or imposing a fine not exceeding four pounds. And that if any person, who shall be required to appear and give his evidence, in tbe trial or exaraination of any deUnquent or crirainal, shall refuse to appear, or to raake oath to declare his knowledge in the case ; the court, assistant, or justice ofthe peace, holding such trial or exaraina tion, raay apprehend and corarait the person so refusing to prison, there to reraain at his or her own cost, until they shall give evidence. Provided always, that such evidence shaU not be construed to his pre judice. And that when any sheriff, deputy-sheriff, or constable, shall receive a warrant frora any court, assistant, or justice, (that hath lawful cogni zance of the offence) to do execution of a judgment by them given, against any crirainal or delinquent ; such officer shall proceed according to the directions of such warrant, to do execution himself, or by some raeet person by hira to be procured, to the acceptance ofthe court grant ing such warrant ; and for doing execution as aforesaid, a reasonable sat isfaction shaU be allowed, which shall be taxed as part of the bill of cost, to be paid by such delinquents. AN ACT regulating the choice of Town Officers and Fetit-Juryraen. Be it enacted, &c. that the select-men of each town in this State, shall set up a notification, at such places as have been, or shall be agreed 358 LAWS PASSED, FEBRUARY, I779. on by the inhabitants,as they are by law qualified to vote in such meeting, to meet at the meeting house, or some convenient place by thera appoint ed in such town, giving twelve days notice, before the convening of such meeting, which shall be held on sorae day in the month of March annu aUy, at/ten o'clock in the morning. And it shall be the duty of the inhabitants, when met as aforesaid, to proceed to chuse a moderator for said meeting, and town clerk or re gister ; then they shall chuse a number, not exceeding five, to be select- hien, or towns-men, to take care ofthe prudential affairs of such town; also a town treasurer, one or two constables, listers, not exceeding five, collectors of rates, leather sealers, one or more grand-jurors, one or more tything-men, hay-wards, branders of horses, sealers of weights and measures, and every other town officer that the law of this State shall direct.' And the select-men of each town shall, forthwith, after such choice, see that all the officers be sworn to the faithful discharge of their respect ive offices, by an assistant or justice of the peace, or in case no such of ficer be present, by the town clerk, who shall make entry in the records, of such officers being chosen and sworn. Then the select-raen and constable or constables, with the town clerk, and such raagistrates as raay be present, shall agree upon a nun> ber of raen that may be thought by them to be their proportion of petit- jui-yinen,to attend the superior or county courts, the ensuing year; which number shall be chosen by the people present, and shall be discreet free holders. And the town clerk shall write the naraes of the persons so chosen, each on a piece of paper, and put them in a box, provided at the town's cost, for that purpose, and kept in his office. And when the constable shall receive any warrant from the clerk of the superior or county court, to summons any nuraber of men for jury-raen, to attend and serve as such, at any of said courts, he shall repair to the town clerk's office, and in his presence, or in case he be absent, in the presence of one of the se lect-raen of such town, draw out of said box the number his warrant directs him to summon ; and having so done, he shall proceed to sum mons the raen for jury-men whose naraes are so drawn ; but if any of the men whose naraes are drawn, are gone from home, or sick, or other wise unavoidably hindered from attending said court, his name or naraes shall be returned into the box, and others in their room drawn and sura raoned as aforesaid. And in case, at 'any time, the number of jury-men to be sumraoned is more than there remains in the box, the constable shall, at his discretion, summon a sufficient nuraber of discreet freeholders to supply such place. And be it further enacted, that if any person shall be chosen to any ofthe offices aforesaid in this act, and shall refuse to serve therein, or take the oath required by law, if he be able, in person, to execute the sarae, shall forfeit and pay to the treasurer ofthe town where he does be long, a fine of three pounds ; except such person shall raake it appear to an assistant or justice of the peace, before whora the case shall be tried, that he is oppressed by such choice, or others are unjustly exempted. LAWS PASSED, FEBRUARY, 1779, 359 j\.N ACT to (jrevent nuisance in the public highways. Be ii enacted, &c. that if any person shall make any fence across any county road, without first obtaining leave therefor, from the county court- of said county ; or across any town road, without first obtaining leave therefor, from the_select-men of said town ; it shall and may be lawful for any person or persons to remove, throw down, and destroy such nuisance. AN ACT to prevent unseasonable night walking, and for the punishing of disorders committed in the night season. Be it enacted, &c. that if any persons that are under the government of parents, guardians, or raasters, or any boarders, or sojourners, shall convene, or meet together, or be entertained in any house, without the consent or approbation of their parents, guardians, or raasters, after nine o'clock at night, any longer than to discharge the business they are sent about ; or shall meet together, and associate theraselves in corapany or companies, in streets, or elsewhere, after the time aforesaid, and shall commit any disorder, or make any rout at any time in the night season ; each person so offending shall forfeit twenty shiUings for every such of fence. And whereas, great disorders'^ and insolence are often committed in the night, by disorderly persons, to-the disquiet and hurt of the good people of this State. — For the preventing and punishing whereof, Be it enacted, that when, and so often as any disorders and damages are done in the night season, that upon complaint speedily raade thereof, to any court, assistant, or justice of the peace, they are hereby irapow ered to issue forth a writ or writs, forthe bringing before hira or them any such suspected person or persons, and examine him or thera concerning such disorders and daraages. And if such suspected person or persons, upon such examination, can not give a satisfactory account to the authority before whom such exami nation is had, where he or they were, when such disorders and daraages coraplained of, were coraraitted and done, and that he or they had no hand in doing the same, he or they shall be liable to pay and answer all such damages as the person or persons complaining, shall have sustained or suffered, as aforesaid ; and also such fine or punishment as the court, assistant, or justice, before whora the trial is had, shall see cause to order, not exceeding ten pounds. AN ACT appointing stocks and sign.'posts to be raade and maintained, in the several towns in this State. Be it enacted, &c. that every town in this State shall make and main tain, at their own charge, a good pair of stocks, with a lock and key suf- 360 LAWS PASSED, FEBRUARY, I779. ficient to hold and secure such offenders as shall be sentenced to sit there in ; which stocks shall be set in the raost public place in each respective town. ¦ And in the same place there shall be a sign post erected and set up, at the charge of said town, and raaintained in sufficient repair ; on which sign-post, all notifications, warrants, &c for raeeting, &c. shall be set up. And if any town shall be at any tirae without a pair of stocks or sign-post, as aforesaid, after six raonths frora the publication hereof, the select-raen of such town shall forfeit the sura of twenty shillings to the town treasurer, and so the sarae sum for every raonth such town shall be defective thereof; to be heard and determined by one assistant or jtistiee of the peace. \ AN ACT concerning the dowry of Widows. That there may be suitable provision raade for the raaintenance and corafortable support of widows, after the decease of their husbands. Be it enacted, &c. that every married woman, living with her husband in this state, or absent frora hira elsewhere, with his consent, or through his raere default, or by inevitable providence, or in case of divorce, where she is the innocent party, that shaU not, before marriage, be estated by way of jointure, in some houses, lands, teneraents, or hereditaraents, for terra of life, or with some other estate in lieu thereof, shall, iramediately upon and after the death of her husband, have right, title, and interest, by way of dower, in and unto one third part of the real estate of her said deceased husband, in houses and lands, which he stood possessed of in his own right, at the tirae of his decease, to be to her, during her nat ural life ; the reraainder of the estate shall be disposed of according to the v/iU of the deceased ; and where there is no wiU, according to law. Provided ahoays, that this law doth not extend to the widows of those that have or may be guUty of treason. And for the more easy and speedy ascertaining such right of dower. It is further enacted, that upon the death of any raan, possessed of any real estate as aforesaid, which his widow, by this act, as before ex pressed, hath a right of dower in, if the person or persons that by law have a right to inherit said estate, do not, within sixty days next after the death of such husband, by three sufficient freeholders of the sarae coun ty, to be appointed by the judge of probate (in whose district the estate doth lie) and sworn for that purpose, set out and ascertain such right of dower ; that then such widow raay raake her complaint to the judge of probate in whose district the estate lieth ; which judge shall decree and order that such woman's dowry shall be set out and ascertained, by three sufficient freeholders of the county, who shall be sworn faithfully to pro ceed and act therein accordingly, to their best skUl ; and the said dowry being set out and ascertained, in either of ^he methods aforesaid, the LAWS PASSED, FEBRUARY, 1779^ 361 doings of such freeholders shall be returned to the judge who ordered the dower to be set out as aforesaid ; and upon approbation thereof by the said judge, such dower shall remain fixed and certain, and all persons concerned therein shall be excluded thereby. And every widow so endowed as aforesaid, shall maintain all such houses, buildings, fences, and inclosures as shall be assigned and set out . to her for her dowry, and shall leave the same in good repair. And if such widow shaU not raaintain, and keep in good repair, such houses, buildings, fences, and inclosures, as shall be assigned and set out to her as her dowry as aforesaid, it shall be in the power of the county court in which the estate is, upon application to thera made, to deliver so much of the said houses and lands, to the next heir of the sarae, and for so long a term as, in their judgment, shall be sufficient, out of the rents or profits thereof to repair such defects ; unless such widow will give good security for the leaving such houses, buildings, fences, and inclo sures in sufficient repair. AN ACT concerning Witnesses to Wills. Be it enacted, &c. that no wUls or testaments, wherein there shall be any devise or devbes of real estate, shall be held good, and aUowed for any such devise or devises, if they are not witnessed with three wit nesses, all of them signing in the presence of the testator. AN ACT against barratry and coraraon barrators. Be it enacted, &c. that if any person shall be proved and adjudged a corainon barrator, vexing others with unjust, frequent, and needless suits, he sball pay a fine of twenty pounds into the public treasury of this State, bv order of the court before whora he shall be convicted ; and, before the sarae court, he shall becorae bound, with two sureties, for his good behaviour, (for one year at least) or, on refusal, to be coraraitted to pris on, there to reraain for said time, or till he procures sureties, as aforesaid. And the court before whom such vexatious suit shall be brought, may, and b hereby irapowered to reject such suit, giving cost to the adverse party. AN ACT against Gaming. Be it enacted, &c. that no tavern-keeper, inn-keeper, ale-house-keeper, or victualler, shall ^ave or keep in or about his or their house or houses, out-houses, yards, gardens, or other places to them belonging, any cards, dice, bowls, shuffle-boards, or billiards, or any other implement for gam ing ; nor shaU suffer any person or persons resorting unto any of their houses, to u.ie or exercise any of the aforesaid games, or any other unlaw- X2 362 LAWS PASSED, FEBRUARY, 1779. ful game or sport, within theii; said houses, for any sum or suras of money, goods, or liquors, on pain of forfeiting the sura of twenty pounds for every such offence, upon due conviction thereof; the said fine to be dis posed of, one half to the inforraer, the other half to the treasurer of the town where such offence is coraraitted. And every person who shall be convicted of playing at any such games as aforesaid, or any horse-racing, on any wager as aforesaid, in any such house or dependancies, or in any other place in this State, shall forfeit the sum of twenty shillings, to be disposed of as aforesaid ; and the monies, goods, or chattels, so played for and won, if the value thereof be more than twenty shillings, shall be appropriated to the use of the town where such wager is won ; and th° treasurer of the town where such wager is won, is hereby irapowered to sue for the sarae, before any court proper to try the sarae. AN ACT concerning Replevins. Be it enacted, &c. that every man shall have liberty to replevy his cattle, or other goods and chattels, impounded, distrained, attached, sei zed, or extended, (except it be upon execution after judgment, and in paying of fines and rates) provided he put in and give good and sufficient security to prosecute bis replevin to effect, and to satisfy and answer such damages, deraands, and dues, as the adverse party shaU, by law, recover against him. AN ACT directing and regulating the levying and serving Executions. Be it enacted, 8ic. ihat when any judgraent is recovered, and execu tion taken out thereon, the sheriff, or other officer, to whora the execu tion is directed, shall repair to the place of the debtor's usual abode, (if within' his precinct) and there raake deraand of the debt or sum due on such execution, with necessary charges ; and upon refusal, or neglect of payment of the same, the officer shall levy the execution upon any of the personal or raoveable estate of the debtor, except necessary apparel, bedding, tools, arms, implements of his household, necessary for uphold ing life, one yoke of oxen, and one cow. And the officer shall forthwith draw an account of the particulars of the goods or estate he shall so seize and take, and set up the same on the signpost ofthe town wherein he shall seize the sarae; and the officer, with the account of the said goods, shall set up a declaration, that the said goods, so posted, are to be sold at the place where posted, at an outcry, at the end of twenty days, after the naraing of the day of the month. And in case the debtor shall not, within the said twenty days, pay the debt and all the cost and charges arisen thereon, the officer shall cause a drum to be beat at the sign-post, to give notice Jo custoraers to corae, and LAWS PASSED, FEBRUARY, 1779. 363 ithall sell the said t'ood^ (or as many of them as shall be necessary) there, at an outcry, to the hijihest bidders; and, ol the cflc-cts theieof, ^hall pay the debt and charges due to the creditor, and satisfy him^f ll for his own fees and charges ; and the overplus (if any there bej shall he returned to the owner thereof. That, in case moveable or personal estate of the debtor's, sufficient to satisfy the debt and charges, cannot be found, and the ci editor shall not agree or accept to take the debtor's lands, the officer shall levy the exe cution upon the debtor's body, and him commit to the common goal in that county in which the execution is levied ; where the debtor or delin quent shall remain until he shall pay the debt, and all charges, with the officer's and prison-keeper's fees, or be otherwise discharged by due course of law. And every officer who sliall corarait any person to prison, by virtue of a distress or execution, shall deliver a true copy ofthe writ or execution, <;igned by such officer, to the goaler or prison keeper ; which copy, so signed and delivered, shall be a sufficient warrant or order to the goaler to receive such person or persons, and him or thera to hold in safe custo dy, till delivered by a law. Be it further ciiacled, that all lands and tenements belonging to any person, in his own [iroper right, in fee, shall stand charged with the pay ment of all just debts owing by such person, as well as his personal es tate ; and shall be liable to be taken in execution for satisfaction of the same, where the debtor or his attorney shall not expose to view, and ten der to the officer, personal estate sufficient to answer the sum mentioned in the execution, with eharges : and all executions, duly served upon any houses and land, being returned into the clerks office of the court out of which tbe same issued, and there recorded ; as also a copy thereof, lod.jed , in the town clerk's office in the town where .such houses or lands lie, (which said clerk shall enter in the town book of records, taking the sarae fee as allowed for recording deeds) shall make a good title for the party for whom they shall be taken, his heirs and assigns, forever. And that whensfjever execution shall be levied upon lands, it shaU be in the liberty of the creditor to chuse one raan, and the debtor another, and th*^ officer a third, (if need be) to appraise the land ; ;ind if either the debtor or creditor shall refuse or negh-et to chuse such appraisers, the of ficer shall chu.se one or more, as there raay be occasion : which apprais ers shall be sworn to appraise the land according to the value thereof. And be it further enacted, that all e.verutions i.ssning out of the office of the clerk of the county court, or superior court, respectively, and exe cutions granted out by justices of the peace, whf re, by law, they h.-ive authority to grant the same, may, by the said clerk and justice re.spect- ively, be directed to any ofthe officers proper to sr rve the s.-mie, in any ofthe counties in this State in which the person liveth, or estate where upon the same is to be served, is, at the time of (.liinting the ex(c tion; which officers, to whora the same is directed, and delivered, shall I'ul^ and faithfully serve and return the s.-inii-, according to the direction tliere- in given ; which being returned, shnll be kept on file in the office out of which the sarte was issued. 364 LAWS PASSED, FEBRUARY, 1779. And that all writs of execution shall be made returnable within sixty days, or to the court (in case sixty days are remaining between the date ofthe execution and the next court) at the election of hira that prays it out; and aU executions granted by a single rainister of justice, shall be returnable in sixty days. And all constables, as well as sheriffs, shall have power to serve any writ or execution to thera directed, within their own precints, and not out thereof — that is to say, the sheriff within his county, and the consta ble within his own town. AN ACT concerning Bastards aud Bastardy. Be it enacted, &c. that he who is accused by a woman, to be the father of a bastard child, begotten of her body, she continuing constant in such accusation, being examined upon oath, and put to the discovery of , truth in the time of her travail, shall be adjudged the reputed father of such child, notwithstanding his denial thereof, and shall stand charged with the maintenance thereof, with the eissistance of the mother, as the county court of that county in which such child is born, shaU or der ; and give security to perforra such order, and also to save the town and place where such child is born, free from charge for its raainten ance. And the said court raay corarait to prison, such reputed father, until he find sureties for the same ; unless the proofs, evidence, and pleas, raade and produced on the part of the man accused eis aforesaid, and other cir curastances, be such as the court who have cognizance ofthe same, shall see reason to judge him innocent, and acquit him thereof; in which case they shall and may otherwise dispose of such child. And every assistant, or justice ofthe peace, upon his discretion, may bind to the next county court, him that is charged or suspected to have begotten a bastard child ; and if the woraan be not then delivered, the said county court raay order the continuance or removal of his bond that he raay be forth coming when such chUd is born. AN ACT relating to biUs of Divorce. Be it enacted, &c. that no bUl of divorce shaU be granted to man or woraan, lawfully married, but in case of adultery, or fraudulent contract, or wilful desertion for three years, with total neglect of duty; or in case of seven years absence of one party, not heard of, after due enquiry is made, and the matter certified to the superior court ; in which case, the other party raay be deeraed and accounted single and uraarried. And in that case, and in all other cases aforementioned, a bill of divorce may be granted by the superior court, to the aggrieved party, who may then lawfully raarry, or be raarried again. LAWS PASSED, FEBRUARY, 1779. 36; AN ACT for the ascertaining Town Brands, and providing and re- • gulating Branding and Branders of horses. Be ii enacted, &c. that each town in this State shall have a town brand, to brand their horses with ; which shall be the several letters figures as are hereafter and hereby directed, — that is to say. Pownal, P Halifax, H Thetford, X Bennington, B Whitingham, 4 Strafford, 8 Shaftsbury, S Wilmington, Y Farlee, F Arlington, A Duraraerston, Z Moretown, © Sandgate, E Townshend, T Corinth, 9 Sunderland, 2 Westminster, & Newbury, t Manchester, M Rockingham, a Leister, L Dorset, D Kent, K Barnet, a Ruport, R Springfield, t GuUdhart, ^ PoUet, JE Chester, 0 Peachara, y[ Danby, I Addison, X Cavindish, S Wells, W Weathersfield, Tf Newfane, g Poultney, CE Windsor, A Andover, E Clarenden, C Hertford, n Bruraley, 8 WaUingford, 6 Woodstock, n Marlborough, A Rutland, 0 Hartford, T Brattleborough J 25 Castleton, Q Pomfret, Hinsdale, tl Pittsford, 3 Barnard, 7 New-Staraford, JK^ Neshobe, N Norwich, V District of Ira, 35 Cornwall, U Sharon, a Harwich, Guilford, G Royalton, 5 Hubbardfon, a Every of which brands shall be set respectively, on every horse and horse kind, on the near or left shoulder. And the inhabitants of each town shall choose a suitable person to be a brander of horses in such town ; and each brander shall be under oath, and shaU make an entry of all horse kind by hira so branded, with the age and colour, natural and artificial marks, in a book by him kept for that purpose. And if any such brander shall presurae to brand any horse, raare, or colt, that is above one year old, at any other place-+han at a town pound, or those places appointed by the town for that work, (unless he has first received a special order frora the select-raen of such town so to do,)- he shall forfeit and pay the sura of four pounds for every such offence, one half to the coraplainer, and the other half to tiie treasury of the town in which he lives. And if any such brander shall refuse or neglect to brand or record any horse, raare, or colt, (except such as he is by law forbidden to brand and enter) presented to him by any person or persons, after his just fees are tendered to hira for the sarae ; be shaU, for every such offence, forfeit and pay the sum of twenty shillings to the person presenting such horse, and 366 LAWS PASSED, FEBRUARY, 1779. hII damages sustained by such person, by hira made to appear, through such brander's neglect. And be it further enacted, that if any person or persons shall coun terfeit any town brand, or cause to be branded any horse, mare, or colt, on the near or left shoulder, whh any letter or figure, being the brand of eray town in this State, without the knowledge or order of one of the branders of such town, (under his hand) he or they, so offending, shall forfeit the sura of ten pounds for every such offence ; one half to the coraplainer, and the other half to the county treasury. AN ACT for the punishraent of Burglary and Robbery. Be it enacted, &c. that whosoever shall commit burglary, by breaking up any dweUing-house, or shop, wherein goods, wares, and merchandize are kept ; or shall rob any person in the field, or high-way ; such person, so offending, shaU, for the first oflence, be branded on the forehead with the capital letter B, on a hot iron, and have cne of his ears nailed to a post and cut off; and also to be whipped on the naked body fifteen stripes. And for the second offence, such person shall be branded as aforesaid, and have his other ear nailed and cut off as aforesaid, and be whipped onthe naked body twenty-five stripes. And if such person shaU commit the like offence, a third tirae, he shall be put to death, as being incorrigible. AN ACT for the raarking of Cattie, Swine, &c. To prevent disputes, and differences that may arise in the owning and claiming of cattle, sheep, and swine, that may be lost or stray away. Be it enacted, &c. that all the owners of any cattle, sheep, or swine, within this State, shall ear mark, or brand, aU their cattle, sheep, and swine, that are above half a year old ; and that they shall cause their several marks to be registered in the town book. And whatsoever cattle, sheep, or swine, shall be found unmarked, and not branded as aforesaid ; the owners thereof shall forfeit and pay three shillings per head, one half whereof shall be to the coraplainer, and the other half to the town treasury. AN ACT to ]irevent encroaccnicnts on highways, and on common and undivided lands. Be it enacted, &c. that if any person hath, within the space of three years, taken or shall take, any part of any highway, or common, or un divided land, into his field or enclosure, or erect any fence theieon, in LAWS PASSED, FEBRUARY, 1779. 367 such manner that the said highway is straightened, and made nauTower than before, or aiiv part of th? common or undivided land is encroached upon; the select-raen of the town wherein the offence is coiu.nitted, or a committer appointed by such town for that purpose, or a committee ap pointed for that end by the proprietors of the common or undivided hnd encroached upon, (which committees such town and proprietors are ena bled to appoint ) or any three of such proprietors, are hereby directed and impowered to five notice or warning to the person or persons so offend ing, that if he or they do not cause the said fence or encroachment to be reraoved, in such convenient time as the said select-men, committee, or proprietors giving the warning shall set, not exceeding the space of one month after such notice or warning given ; the said select-men, corarait tee, or proprietors, giving such warning, shall cause such fence, or en croachment, to be puUed down and reraoved And if the person or persons warned as aforesaid, do not cause such fence or encroachment to be removed, within the tirae so to be set and limited as aforesaid ; it shall be lawful for the said select-raen, coraraittee, or the said three proprietors, and they are hereby impowered, to reraove, or cause the said fence, or encroachraent, to be reraoved. And if the persons offending as aforesaid, shall commit the like oflence, by taking in the sarae, or a greater or lesser quantity of any highway-, cora.raon or undivided land, w-here his fence has been removed as afore said ; he shcdl incur the penalty of four pounds for every such offence, as often as be shall corarait the sarae ; to be recovered by bill, plaint, ac tion, or information, by the persons who gave the warning, and caused the said fence, or encrochraent, to be removed ; one half of the penalty to be to the prosecutors, witii cost of prosecution, and the other half to the town treasury of the town wherein the oflence is coraraitted. In which trials no review nor appeal shall be allowed. And that every person prosecuted for said offence, shall be deemed guilt}- thereof, unless he can satisfy the court that hath cognizance thereof, that he did it not himself, nor by his order, nor consent, cause or procure said oflence to be committed. And be it enacted, that if those, or any of those persons that shall puU down and remove such fence or encroachment, as aforesaid, shall be sued in trespass for so doing, by any person or persons whose fence shall be puHed down, or removed ; such select-raen, committee, or proprietors, who shall pull down and remove said fence, or cause the same to be done, raay plead not guUty, and give this act in evidence on the trial. And if the plaintiff or plaintiffs, in such action, shall not prove that the fence reraoved, when standing, was well on the bounds of his or their lands, or of their lands for whom the plaintiff or plaintiffs hold the same, and so was not any encroachraent, as aforesaid, verdict shall be given in favor of the defendants : — in which case, as also in case of non-suit, Judgment shall be rendered for double costs in favor of the defendants. 368 LAWS PASSED, FEBRUARY, 17791 AN ACT concerning Grand-jurymen, Be it enacted, &c. that every town in this State, on the day of their annual town meeting for electing town officers, shall elect and choose one or more sober, discreet persons, of their inhabitants, to serve as grand- jurors for the ensuing year, who shall be sworn by the next assistant, jus tice of the peace, or the town clerk. But in case any person so elected, shall refuse to accept, and take the oath for such officers provided, and serve as aforesaid, (unless he render a satisfying reason to the town meeting, or to the authority before whora he shall be called to take the oath, why he ought not to serve as afore said) he, for such refusal, shall incur the penalty of forty shillings ; an^ another person shall be chosen in his roora, who shall, upon acceptance, be sworn as aforesaid. And the naraes of such grand-jurors shall, by the clerk of the town, be returned to the clerk of the county court with in the sarae eounty ; and the said clerk of the county court shall, by his writ, summon such a number of the said grand-jurors within the said county, as shall be necessary, to attend and serve at the said county courts. And if any such grand-juror, so as aforesaid required and summoned to serve on the grand-jury, shall neglect or refuse to appear, (unless he shall give sufficient reason for his refusal) shall forfeit and pay the sum of thirty shiUings. And all grand-jurors shaU diUgently enquire after, and due presentment raake, of all misdemeanors and breaches of law, whereof they have cog nizance, whether the same were coraraitted before said grand-jurors were chosen and sworn to said office, or afterwards ; which presentraent they shall seasonably make to the court, or to some assistant or justice of the peace, that the offenders raay be dealt with according to law. And if any grand-juryman, after he is sworn, shall neglect to make seasonable presentment of any breach of law, whereof he hath cogni zance he shall pay a fine of twenty shillings. All which penalties shall be and belong to the town treasury of the town where such grand-juror dwells. And all grand-jurymen shall be allowed fifteen shillings per day for their time of attendance, and six pence per mile for their travel, when they shall be required to give their attendance at the said county court, to he paid out of the county treasury. And every town in this State that shall neglect or refuse to make choice of grand-jurors as aforesaid, shall, for every such neglect or refu sal, incur the penalty of ten pounds to the treasury of the county wherein such town lieth, to he recovered by bill, plaint, or information. AN ACT for preventing the sales of real estates of heiresses, without their consent Be ii enacted, &c. that if any real estate, whereof any woman, at the time of her marriage, is seized, as her estate of inheritance, or does, LAWS PASSED, FEBRUARY, 1779. 369 during such coverture, become so, either by descent, or otherwise, shall not be alienable by her husband's deed, without her consent, testified by her hand and seal set to such deed, and acknowledged before some raa gistrate. And that all sales, or alienations of such estates, whether absolute or conditional, which shall hereafter be made without such consent, witness ed aud acknowledged as aforesaid, are hereby declared and raade to be ipso facto null and void. Provided nevertheless, that if any wife, at the tirae of such alienation of such estate to her belonging, did actually refuse to give her assent to such sale raade by her husband, that then she shall be understood and taken to hold said estate ; and neither she nor her heirs shall be barred frora recovery of the same. AN ACT for the limitation of prosecutions in divers cases. Be it enacted, &c. that no person shall be indicted, prosecuted, in formed against, coraplained of, or compelled- to answer hefore any court, assistant, or justice of the peace within this State, for the breach of any penal law, or for other criraes or raisderaeanors, by' reason whereof a forfeiture helongs to any public treasury, unless the indictraent, present ment, inforraation, or coraplaint, be raade and exhibited within one year after the offence is coraraitted. And every such indictraent, presentment, inforraation, and coraplaint, that is not raade and exhibited as aforesaid, within the tirae liraited for the sarae, as aforesaid, shall be void, and of none effect. Provided always, that this act shall not extend to any capital offence, nor to any crirae that raay concern loss of raeraber, or banishment, or any treachery against this State, nor to any pUfering and theft ; any thing •Contained in this act to the contrary notwithstanding. AN ACT for the punishment of lying. Be it enacted, &c. that every person of the age of discretion, which is accounted fourteen years, who shall wittingly and willingly make or pub lish any lie, which may be pernicious to the public weal, or tend to the daraage or injury of any particular person, or to deceive and abuse the people with false news, or reports, and be thereof duly convicted before any court, assistant, or justice of the peace, such person or persons shall be fined for the first offence forty shillings ; or if unable to pay the same, then such person to sit in the stocks not exceeding three hours. And for the second offence in that kind, which such person shall be convicted of, shall be fined double the aforesaid sum ; and if unable to pay the same, shall be whipped on the naked body, not exceeding ten stripes. Y 2 37© LAWS PASSED, FEBRUARY, 1779. And for the third offence, double the fine for the second ; or if tfar party be unable to pay the sarae, then to be whipped not exceeding twenty stripes : and yet if any such person shall offend in that kind, and be legally convicted thereof, such person, either raale or feraale, shall be fined ten shiUings each time raore than formerly ; or if unable to pay such fine, then to be whipped as aforesaid, with five stripes more, each time, than forraerly, but not exceeding thirty nine stripes at any tirae. Provided nevertheless, that^no person shall be barred of his just action of slander, or defamation, or otherwise, by any proceeding upon this act. AN ACT for licencing and regulating houses of public entertainment, or taverns ; and for suppressing unlicenced houses. Be it enacted, &c that the magistrates, select-raen, constables, and grand-jurymen, in the respective towns in this State, shall, sorae time in the month of March annually, nominate the person or persons whom they, or the major part of them, think fit and suitable to keep an house or houses of public entertainment in the said town, for the ensuing year; which noraination shall be sent by thera to the next county court in that county ; which court shall granfiicences to the said persons accordingly, to keep an house or houses of public entertainment for the year ensuing, and to no others — which licence shall be in force for one year, and no more. But if the county court are of the opinion that the nuraber nominated in any town be too great, they shall have liberty to lessen the same ; and may also refuse to grant licences to such persons as they shall, on infor mation and proof made, judge to be wholly unfit and unqualified for such trust, — such noraination notwithstanding. Always provided, such court shall take a bond to the treasurer of the county, in the sum of one hundred pounds, of every such person to whom such licence shall be granted, for the due observance of all the laws that are raade respecting tavern-keepers, or houses of public -enter tainment. Be it further enacted, that for the present year, the tavern-kdepers shall be chosen in the month of June next, and shall be licenced by one assistant and one justice of the peace, or by one judge of the superior court and one justice of the peace, under the same regulations as in fu ture they are to be licenced by the county court ; any thing in this act to the contrary notwithstanding. Be it further enacted, that when, and so often as the authority, select men, and grand-jury raen, in any town, or, where there are no assistant or justice living in any town, the select-men and grand-jurors shall un derstand that any person in such town is a tavern haunter, or spends his time idly at any such house of entertainment, they, or the major part of them, shall, at their discretion, cause the names of such tavern haunters to be posted at the door ol every tavern in the same town, by setting up a certificate, under their hands, forbidding every tavern-keeper in such LAWS VAi=SE&, FEBRUARY, 1779. 37} *own, on the penalties contained in this act, to entertain, or suffer any Micli person or perso'is therein named, to have or drink any strong liquors, of any kind wh'jtsoever, in or about their houses, until such authority, select men, and grand-jurors, shall agree to take off such prohibition. .\nd that if any tavern-keeper shall, after such posting ofany person'-? nam.;, and notice thereof ^ven by any of the s;iid select men, or grand- jurors, suffer or permit any person posted as aforesaid, to drink any rum, wine, or other strong liquor, in or about his house, or in any of tbe de pendancies thereof, he shaU pay as a fine the sum of three pounds. Arnd in case the person or persons, warned as aforesaid, shall not, after such warning, leave off and forb^-ar such their evil practices, the author ity shall cause such person or persons to appear before them, and demand surety for their well behaving therein : and in case such person or per- sorts shall not find sureties as aforesaid, then be or they shall, each one, pay a fine of twenty shillings, or sit in the stocks for the space of two hourtj, on sorae public tirae or sea>,an. Aad be it farther enairted, -tbat tho constables and grand-jurors in each town shall, and th -y are hereby required, carefully to inspect all taverns or licenced houses in such town, and make due presentment to the civil authority, of all persons who shall be founl transgressing this act or any part thereof ; and also warn all tavern-keepers, or persons licenced to keep p iblic houses of entertainment, to observe this act, and all other laws respecting the r.-gnUition of licenced houses, and that they do not entertain any inhabitants of the town where they dwell, contrary to law.And if such officers shall find that such tavern-keepers do not observe the laws aforesaid, noi keep due order, then they shall raake presentment thereof to the next county court in that i.ounty, at their first sitting ; and fe.uch court shall cause tlui person so presented, forthwith to appear before them, to answer to such presentment ; and if, upon trial, such tavern- keeper be found guilty, the court shall enter up judgment for the forfeit ure of the bond given, or procured to be given by such person, for his or her due observance of all the law-> respecting tavern-keeper-s, and for costs. And such person sball forthwith, before said court, enter into a bond of two hundred pounds, in the tenor of the former bond ; which shall also be prosecuted in like raanner, in case of a forfeiture. And that whensoever a presentme-nt is made as aforesaid, it shall be inserted that the person presented, had been warned, as aforesaid, by such constable or grand-juryroen, and such presentment shall be sufficient evi dence that such warning was given ; and the officers making such pre sentment, shall be ordered by said court to attend the trial, and be allow ed to give evidence for the proof of the disorders complained pf ; and shall by said court be aUowed a meet recompense for tbeir trouble and charge. Be it further enacted, that no tavern-keeper, or licenced person, as aforesaid, to keep a pubUc house of entertainment, shall be aUowed to bring any action against any person whatsoever, to recover of such per son any sum or sums of money, or any other thing whatsoever, for any 372 LAWS PASSED, FEBRUARY, 1779. kind or quantity of drink sold to such person, and drank in such house, unless the sarae be brought within three days after such sale and drinking. And whereas divers disorderly persons oftentiraes take, upon them, and presurae to sell strong liquors by retaU, in sraall quantities, without licence; and to keep tippling-houses, lo the proraoting of tippling, drunkenness, idleness, and raany other iraraoralities ; and to the great prejudice of persons orderly licenced, and under the regulatipns of law, for the entertainment of travellers and others legally and orderly requiring the same. which to prevent. Be it further enacted, that no person or persons whatsoever, dweUing in this State, (except such as have licence as aforesaid) shaU he an inn- holder, taverner, or seller of wine, beer, ale, cider, rum, or any other strong liquors, publicly or privately, by a less quantity than a quart of wine, rura, or other such like strong liquors, or a quart of raethegUn, cider, beer, or such like drink, aftfi that delivered and carried away all at one time, on the penalty of forfeiting and paying the sum of three pounds for the first offence, and the sum of six pounds for the second oflence, and so double for every breach of this act he shall be convicted of: — which fines shall be disposed of, half to him that complains and prose cutes the sarae to effect, and the other half to the town treasury. And it is especially recomraended to those who keep licenced houses, to prosecute the breach of this paragraph of this act. And when any person shall be duly convicted of keeping a tippling- house, or of seUing strong beer, ale, cider, perry, raetheglin, wine, rura, or mixed drink, or any strong drink whatsoever, hy "retail in smaU quan tities, as aforesaid, without licence first had, as aforesaid, for the sarae, and shall be unable to satisfy the fine imposed by law for such transgres sion, together witb the charge of prosecution ; or shall not pay such fine and charge, and likewise give bond for the good behavior, if it be a sec ond conviction, within the space of twenty-four hours next after sentence declared ; it shall and raay be lawful for two justices of the peace, or the court before whora the conviction shall be, to order such offender to be publicly whipped on the naked body not less than ten, nor exceeding fifteen stripes for one offence ; and to restrain the offender in prison, till such fine and charges are paid, or the corporal punishment be inflicted. And that the oath of one credible witness shall be sufficient to convict any person of retailing strong liquors as aforesaid, contrary to this act ; unless the person shall, in open court, positively and plainly assert and declcu-e, that he is not guilty of the fact charged upon him. And be it further enacted, that the grand-jurymen in the respective towns in this State, shall, from time to time, make diligent search and enquiry after all persons who are reputed to sell or vend strong liquor by retaU, in small quantities as aforesaid, without licence as aforesaid ob- tained, and make presentment of all such persons to the next assistant or justice, of the peace ; which assistant or justice shall, by a proper war rant, order such person or persons so presented, to appear before hira, and cause hira or them to give bond with a surety, to the value of ten LAWS PASSED, FEBRUARY, 1779. 373 pounds, that he or they, will not sell or vend any strong drink by retail in small quantities as aforesaid, withont licence first had and obtained, and be of good behavior until the next county court in that county ; and also appear before the said court and take up said bond, unless said court shall see cause to continue the sarae ; which the court raay do if they judge proper. And if any such person or persons shall refuse to becorae bound as aforesaid, the authority before whom he or they shall be brought, shall, by raittiraus, commit such person or persons to the common goal in that county, there to remain at his or their own charge, tUl he or they will give bond as aforesaid. And that if any such person or persons, giving bond as aforesaid, shall, at any time after the giving such bond, he presented to the county court of that county by the grand-jurors, on suspicion of retailing strong drink in sraall quantities, without licence as aforesaid, such presentment shall be taken by the court to be sufficient evidence against the person so presented, to convict him, her, or them, of the forfeiture of such bonds or recognizance, unless he or she shall be acquitted by a jury of twelve freeholders of the neighborhood, declaring upon their oath, that they be lieve such person is not guilty; which jury, the party at his desire and charge, raay have the liberty of. AN ACT against forgery. Be it enacted, Sz:c. that if any person or persons shall willingly and falsely forge and make, or cause to be forged, or made, or shall aid, abet, help, or as.sist, in the falsely forging and making, any false deed, convey ance, will, testaraent, bond, bill, receipt, release, acquittance, letter of attorney, or any other writing, to prevent equity and justice ; such per son or persons, being thereof duly convicted, shall stand in the pillory three several days of public raeeting, not exceeding two hours each day, and render and pay to the party or parties injured thereby, double daraa ges, to be recovered by action founded on this act ; and shall also be ren dered uncapable, and be disenabled to give any evidence or verdict in any court, or before any magistrate or justice of the peace. AN ACT against fraudulent conveyances. Be it enacted. &c. that all fraudulent and deceitful conveyances of lands, teneraents, hereditaments, goods or chattels, and all such bonds, suits, judgraents, executions, or contracts, raade to avoid any debt or duty of others, shall (as against the party or parties only, whose debt or duty is so endeavored to be avoided, their heirs, executors, or assigns) be utterly void ; any pretence, or feigned consideration notwithstanding. And every of the parties to such a fraudulent conveyance, bond, suitj judgraent, execution, or contract, who, being privy thereunto, that shall 374 LAWS PASSED, FEBRUARY, 1779' wittingly justify the sarae to be done,-6o«a ^rfe, and upon consideration; or shall alien and assign any lands, leases, goods, or chattels, so to them conveyed as aforesaid, shall forfeit one year's value of the lands, lease, rents, coraraon, or other profits out of the sarae, and the whole value of the goods and chattels, and also so rauch money as shall be contained in such covinous bond or contract; and, being thereof convicted, shall also suffer half a year's iraprisonment, without bail : — which above forfeiture shall be equally divided between the party grieved, and the county treas urer ; except the purchaser raake it appear by two witnesses, that the contract or bargain was raade, bona fide, and on good consideration, be fore any seizure made by the creditor or officer, of the estate so convey ed ; and that it was without any design of fraud, to defeat the creditor of his just dues. AN ACT for preventing and suppressing of Lotteries. Be it enacted, &c. that whosoever shaU presume, -without special lib erty from the general assembly, to set up any lottery for the sale of goods, lands, or tenements ; or to sell, put off, or vend, any parcel, parcels, or quantity of lands, goods, or monies, or other things whatsoever, by way of lottery; or shall by wagers, shooting, or any other such Uke way or exercise whatsoever, ofter to sell, vend, put off, or dispose of any goods, monies, or other things, collected, or exposed to be run, at such adven ture ; or set up notificaiions to entice people to bring in and deposit or risque their money or credit, for carrying on the designs aforesaici, and be duly convicted thereof, before any court or authority proper to try the same, shall forfeit the value of such goods, or monies, or things so ex posed, or proposed to be exposed to sale, or drawn for; the one half to hira that shall prosecute the sarae to effect, and the other half to the coun ty treasury ofthat county where the oflence is committed. And all grand-jufors, and others ordered by law to raake presentment of breaches of law, are directed (when no informer or prosecutor ap pears) to make presentraent of the breaches of this act. AN ACT for the punishraent of Man-Slaughter. Be it enacted, &c. that whatsoever person shall be guilty ofthe crime of raan -slaughter, or the wilful kUling another person, without malice, or forethought, and be thereof legally convicted, by confession or ver dict, before any of thgeuperior courts of this State, shall forfeit to the public treasury of this State, all the goods and chattels which to him or her belonged at the time of committing the said crime ; and be further punished by whipping on the naked body, and be stigmatized, or burnt on the h and with the letter M, on a hot iron ; and shall also be forever disabled in the law from giving verdict or evidence in any court iri tbis Slate. LAWS PASSED, FEBRUARY, 1779. 375 Provided nevertheless, that if any person, in the just and necessary defence of his Ufe, or the life of any oiher, .sliall kill any person attempt ing to rob or inurther, in the field or high-way, or to break into any dwel ling house, if he conceives he cannot, with salety of his own person, oth erwise take the felon or assailant, or bring hiin to trial, he shall be holden guiltless. AN ACT for the punishraent of Murder. Be it enacted, &c. that if any person shall corarait any wilful raurder, upon m ilice, hatred, or cruelty, not in a man's just, and necessary de fence, nor hy accident, against his wUI ; or ,shall slay or kiU another through guile, either by poisoning, or other such devilish practices,he shall be put to death. And whereas many lewd women, that have been delivered of bas tard children, to avoid their shame, and to escape punishment, do se cretly bury, or conceal the death of their children; and after, if the child be found dead, the said woraan du alledge that the said child was born dead, whereas it falleth out sometimes (although hardly it is to be proved) that the said child or children were raurdered by the said wo man, their lewd mothers, or by thejr assent or procurement : Be it therefore, further enacted, that if any woman be delivered ofany issue of her body, raale or feraale, which, if it were born alive, would be a bastard ; and tiiat she en Jeavored privately, either by drowning, or se cret burying thereof, or' any other way, either by herself, or by the pro curing of others, so to conceal the death thereof, that it may not corae to light whether it was born alive or not, but be concealed ; in every such case, the mother so offending, shall be accounted guilty of murder, and shall suffer death therefor, as in case of raurder : except such mother can raake proof by one witness (at least) that such child was born dead. AN ACT against breaking the Peace. Be it enacted, &c, that whosoever shall disturb or break the peace, by turaultuous and offensive carriages, threatning, traducing, quarrelUng, challenging, assaulting, beating, or striking -any other person ; such per son or persons, so offending, shaU be Uable to pay to the party hurt or stricken, just daraages ; and also shall pay such fine, as, on consideration ofthe party sraiting, or being smitten, and with what instrument, danger more or less, time, place, and provocation, shall be judged just and rea sonable, according to the merit of the ofi'ence, as the justice or justices shall determine. And if such offence be aggravated by some notorious and high-handed 376 LAWS PASSED, FEBRUARY, 1779. violences, the offender or offenders shall be bound over to the next couh- ty court, to answer for such offence. Be it further enacted, that the surety of the peace, or good behaviour, as the raerit ofthe case shall require, raay and shall be granted, by any assistant or justice ofthe peace in this State, against all and every person or persons, who, by threatning words, turbulent behaviour, or actual vio lence, or by any other unlawful action, shall terrify or disquiet any ofthe inhabitants of this State ; and if such offender or offenders shall neglect or refuse to find such sureties, he or they shall be coraraitted to the cora raon goal ofthe county where the offence is committed, there to remain until he or they shall find such sureties, or to be there delivered by due course of law. Be it enacted, that if any person shall abuse any raagistrate, or justice ofthe peace ; or resist, or abuse any sheriff, constable, or other of ficer, in the execution of his office; such person or persons shall find sure ties for the peace and good behaviour, until the next county court m that county ; or, on refusal, raay be coraraitted to the common goal, there to reraain until the next county court: which court shall take cognizance of the wrongs and abuses done to such officer or officers, by such offender or offenders,and lay such penalty upon him or thera (he or they being there of legally convicted)as the merit ofthe offence shall deserve, appearing by the circurastances of the sarae, not exceeding sixty pounds. And whereas sorae persons do secretly atterapt mischief and hurt t» others, and do commit great outrages upon them, in such raanner that proof cannot easily be had. For the detecting and punishing of which, Beit further enacted, that if any person shaU hreak the peace, by se cretly assaulting, beating, raaiming, wounding, or hurting another ; the person so assaulted and injured, making application and complaint to the next assistant, or justice of the peace, shewing him what hurt or wound he has received thereby, such assistant or justice shall forthwith grant out a writ, directed to the sheriff of the county, his deputy, or constable of the town where such assault shall be made, coramanding thera, or ei ther of thera, to arrest and bring before him such person so assaulting, to answer such complaint ; who, upon oath being made againt hira of such assault, and ofthe wounds or bruises thereby received, by the person as saulted and beaten, shall be bound in a sufficient bond, with sureties, for his appearance at the next county court in that county, to answer to the complaint, as aforesaid : and in case of refusal to becorae bound, as a- foresaid, such person complained of, shall be committed to the coraraon goal of the county, there to remain till the next sessions of said county court. And if the person so bound, or coraraitted, shall not, on trial of the ease, satisfy the court that he was at sorae other place, at the tirae the said assault was raade, and was not the person who gave the assault, he shall be judged guilty, and shall be sentenced to pay the person assaulted and injured, aU such daraages as he shall have sustained by such assault and beating ; or in case such daraages cannot then be coraputed, the L.AWS PASSED, FEBRUARY, 1779. 377 offender as shall give bond, with sufficient surety or sureties, to pay all such damages as shall afterwards be awarded by said court at some oth er sessions, to which the case shall be continued, together with cost of lyosecution ; and also pay to the treasurer ofthe county, such fine as the said court shall order, not exceeding the sum of thirty pounds, and stand committed till sentence is performed. AN ACT for the punishment of Perjury. Be it enacted, &c. that if any person or persons, either by the sub ordination, unlawful procurement, reward, sinister persuasion, or means of any other, or by their own act, consent, or agreement, shall wilfully and corruptly commit any manner of wUful perjury, by his or their deposition in any court of record, upon examination ; that then, every person or persons, so offending, and being thereof duly convicted, or attained by law, shall, for liis or their offence, forfeit the sum of fifty pounds ; the one moiety thereof to the public treasury of this State, and the other moiety to such person or persons as shall be grieved, hindered, or molested, by reason of any such offence, that shall sue for the same, by action of debt, bUl, plaint, information, or otherwise, in any court of record in this State ; and also be imprisoned by the space of six months, without bail or mainprize. Andthe oath of such person or persons, so offending, shall not be re ceived in any court whatsoever in this State, until such time as the judg ment given against the said person or persons shall be reversed, by at taint or otherwise. And upon every such reversal, the party aggrieved, to recover his or their daraages, against all and every such person or persons as did pro cure the said judgment, so reversed, to be given against them, or any of thera, by action or actions upon his or their case or cases, according to the course of common law. And if it shall so happen that the said offender or offenders, so offend ing, have not goods and chattels to the value of fifty pounds, that then, he or tbey shall be set in the pillory by the space of two hours, in some county town where the offence was coraraitted, or next adjoining to the place where the offence was coraraitted ; and to have both his ears nail ed and cut off; and from thenceforth be discredited, and disabled forev er to be sworn in any court whatsoever, until such tirae as the judgment shall be reversed. And all and every person or persons, who shall unlawfully and cor ruptly, procure any witness or witnesses, by letters, rewards, promises, or by any other sinister and unlawfol labour or raeans whatsoever, to commit any wilful or corrupt perjury, in any matter or cause whatsoever, depending, or that shall be depending, in suit and variance, by any writ, action, bill, complaint, or inforraation, in any court, or before any com mittee ; every such offender, being thereof duly convicted, or attainted by law, shall, for his or their offence, be proceeded against, and suffer the like pains, penalties, forfeitures, and disabilities, in all respects, as above- mentioned. 378 LAWS PASSED, FEBRUARY, 1779. AN ACT for ordering and regulating Pleas and Pleadings, For preventing unnecessary charge and delays in the several courts of coraraon pleas in. this State ; and for the raore regular proceeding in tri als thereon. Be ii enacted, &c. that all pleas made in abateraent of writs or pro cesses, in any of the county courts in this State, shall be raade, heard, and determined, and the issue in every case joined, and an entry thereof made, before the jury is irapannelled And in case any defendant wUl not raake his plea, or join issue, judg ment shall be given against hira upon a nihil dicii. That the general issue of not guilty, nil debet, no wrong, or disseisin, or any other general plea proper to the action, whereby the whole decla ration is put upon proof, according to the nature of the case, raay be made by the defendant ; under which general pl°a, the defendant shall have liberty, upon trial ofthe case on such general issue, to give his title in evidence, or any other matter in his defence or justification, as the na ture ofthe action raay be; excepting only a discharge from the plaintiff, or his accord, or sorae other special raatter, whereby the defendant, by the act of the plaintiff, is saved, or acquitted from the plaintiff's demand in the declaration. And whensoever any party shall suppose he has missed his plea, whether the general issue, or special plea, which would have saved him in his j list cause, he shaU have liberty to alter his plea; and the opposite party shall have a reasonable time assigned him, for raaking answer thereto. And if the new plea be found insufficient for the justifying him that made it, reasonable satisfaction shall be awarded by the court before which the trial is, to the other party, for the greater delay which is raade thereby, according to the interest of raoney, rent of land, or iraproveraent of any other thing, recovered by the suit. Provided nevertheless, that no defendant shall, in the trial ofany cause, be admitted to demur to the declaration, after he has pleaded to issue, and a judgraent thereon hath been given by any court ;. any thing to the contrary before, in this act, notwithstanding. AN ACT for raaintaining and supporting the Poor. Be it enacted, &c. that each town in this State shall take care of, sup port, and raaintain their own poor. And the select-men for the time being, or overseers ofthe poor, (where any such are chosen) shall have full power to expend or disburse, out of the town stock, or treeisury, what they shall judge necessary frora time to tirae, for the relief and support of any of the poor belonging to their towns, so far as to the araount of ten pounds ; and if raore be needful, fhe said select-raen, or overseers, or the raajor part of thera, shall, with the advice ofthe authority ofthat town, (if any there be) expend and dis burse what shaU be by them judged needful ft»r the relief of the poor, as aforesaid. LAWS PASSED, FEBRUARY, 1779. 379 And in case there be no justice ofthe peace in any town, the select men, or overseers aforesaid, of such town, raay act as fully as if they had such advice in the case aforesaid, for the relief of their poor, and for the supplying them, or any of thera, with victuals, cloathing, fire-wood, or any other thing necessary for their support or subsistence. And if any select-men, or overseers of the poor, do neglect or refuse to give a just account, upon oath, of what he has expended as aforesaid, and of what of the town stock or raoney is in his custody, upon ten days warning, before an assistant or justice of the peace, when caUed to it by the town, arid to return what is not expended to and for the use aforesaid, to the town ; he or they shall be coraraitted, by an assistant or justice of the peace, to the coraraon goal, there to reraain, at his or their own cost and charge, until heor they shall give such account, and raake such re turn as aforesaid. That if any poor person or persons, who have had, or shall have, relief or supplies frora any town, shall suffer their children to live idly, or rais- spend their tirae in loitei-ing, and neglect to bring thera up or eraploy thera in sorae honest calling, which raay be profitable to theraselves and the public ; or if there shall be, at any tirae, any family that cannot, or do not, provide competently for their children, whereby they are exposed to want, or extremity; or if there be any poor children in any town, be longing to such town, that live idly, or are exposed to want and distress, and there are none to take care of them , it shall and may be lawful for the select-raen, or overseers ofthe poor, in each town, and they are hereby irapowered and directed, with the assent ofthe next assistant or justice of the peace, to bind out any and every such poor child or children, belong ing to such town, to be apprentices, or servants, where they shall see convenient, a raale child, tUl he comes to twenty-one years of age, and a feraale, till she coraes to the age of eighteen years : which binding shall be as effectual, to all intents and purposes, as if any such child were of fuU age, and by indenture of covenant had bound hira or herself. And that if any person or persons shall corae to live in any town in this State, and be there received and - entertained, by the space of twelve raonths ; and if, by sickness, lameness,or the like, he or they corae to want relief, every such person or persons shall be provided for by that town wherein he or they were so long entertained, at said town's own proper cost and charge, unless such person or persons by law are to be provided for by some particular person or persons ; or unless such person or per sons wanting relief, have, within the said twelve raonths, been warned as the law directs, to depart and leave the place : and if such warning be given, and the sarae be certified to the next superior court to be held in the sarae county, the said court shall and raay otherwise order the defray ing the charge arising about such indigent person or persons. AN ACT relating to Witnesses, and taking Affidavits out of Couit. Forasrauch as it is often necessary that witnesses in civil causes, be sworn oiit of ceurt,, when, by reason of living more than twenty miles 380 LAWS PASSED, FEBRUARY, 1779. distant frora the place where the cause is to be tried, age, sickness, or other bodily infirraity, they are rendered uncapable of travel, apd ap pearing at court. To the intent, therefore, that ajl witnesses may indifferently testify their certain knowledge, and the whole truth in the cause they are to tes tify unto. Be ii enacted, &c. that, for either of the reasons before mentioned, every assistant or justice of the peace, may take affidavits out of court, so as a notification, with reasonable time, be first made out, and delivered to the adverse party (if witbin twenty miles of the place) or left at the place of his dwelling, or usual abode, to be present at the time of taking such affidavit, if he think fit. And every such witness shall be carefully examined, and cautioned to testify the whole truth ; and being sworn, the assistant or justice shall attest the same, with the day, raonth, and year of the taking thereof, and that the adverse party was present, (if so) or that a notification was sent him ; and sball seal up the testimony, and deliver it to the party (if de sired) at whose request it was talien. And no person interested shall write, or draw up, the testimony of any witness in such case, nor any attorney in his client's cause : and if it raanifestly appear any testiraony to be written or drawn up by any inter ested, or the attorney in the cause ; or be returned frora any assistant or justice of the peace, by other hand than his own, into the court where the sarae is to be used, unsealed, or the seal having been broken up ; all sucktestimonies shall be rejected by the court, and be utterly void, and of hone effect in law. That every assistant or justice of the peace, shall be, and are hereby impowered, upon request to hira raade, to grant summons for the appear ance of any witness before him, in any civil or crirainal cause, where the witness is travelling out of the State before the time of trial, and to take his deposition in such case, the adverse party being present, or notifica tion sent hira, as aforesaid. Provided nevertheless, that witnesses to bonds, specialties, letters of attorney, and other instruraents in writing, under the hand of the party executing the same ; or to accounts, or testimonies relating to persons out of this State, raay be sworn without such notification as aforesaid. That if any person or persons, upon whora any lawful process shall be served, to testify or give evidence concerning any cause or matter depend ing in any court in this State, and having tendered unto him, her, or them, such reasonable sura or sums of money for his, her, or their costs and charges, as, having regard to the distance of the place, is necessary to be aUowed, as the law requires in that behalf, do not appear according to the tenor of the process or summons, having no lawful or reasonable let or irapediraent to the contrary, that then the party so making default, shall, for every such offence, lose and forfeit the sura of three pounds, and shaU yield such further recorapense to the party damaged, according to the loss and hindrance he shall sustain, by reason of the non-appear ance of the said witness or witnesses : the said several sums to be recov- LAWS PASSED, FEBRUARY, 1779. 38 i ered by the party so grieved, against the offender or offenders, by action of debt, bill, plaint, or information, in any court of record. Be ii enacted, that no person shall be put to death for any crime com mitted, but by the testimony of two or three witnesses, or that which is equivalent. And that aU witnesses upon criminal cases, shall have their expenses borne and paid out of the county treasury, where the case is tried in the county courts. And such witnesses that attend the superior courts, in crirainal and capital cases, shall have their necessary expenses borne and paid out of the State treasury. And be it further enacted, that all executors of wiUs, within this State, shall have liberty to have the witnesses to such wills examinedand sworn in the usual forra, before the next assistant or justice of the peace ; which assistant or justice shall enter the oath of the witnesses on the backside of the will, and attest the sarae ; and the oaths of the witnesses so taken, shall be accepted by the court of probate, as if they had been taken be fore the said court. AN ACT for preventing stallions, or stone-horses, running at large in this State. Whereas, it has been found by experience to be dangerous for stallions to run at large, and a ready way of spoiling a good breed of horses. Which evils to prevent. Be it enacted, &c. that if any person or persons, shall suffer any of his, her, or their staUions (of one year old and upward) to run at large, on any of the comraons or highways in this State, (whether fettered, hop pled, or not,) it shall and raay be lawful for any person or persons, to take up, castrate, and impound, every such horse, horses, colt, or colts ; which castration shall be at the risque and charge of the owner or owners. And if the owner or owners are known, the impounder shall forthwith inforra hira or them thereof; and the owner or owners being so informed, and shall neglect or refuse to redeem such horse, horses, colt, or colts, (within twenty-four hours after such notice given,) by paying all cost and charge that hath arisen, by reeison of said stallion or stallions being taken up, castrated, impounded, and trouble of giving information, it shall and raay be lawful for the constable of the town where such horse, horses, colt, or colts are irapounded, to sell said horse, horses, colt, or colts, at an outcry, after posting them, ten days before such sale ; and the monies that shall be collected by such sale, after paying all necessary charges, costs, and daraages, (if any there be) shall be paid to the owner or owners of such horse, horses, colt, or colts. And if the owner is not known, the constable of such town shaU cry such StaUions in the three next adjoining towns, by posting their natural and artificial raarks ; and likewise in the town or towns where such horse or horses were branded, (provided the brand belongs to any town 382 LAWS PASSED, FEBRUARY, 1779. in this State) twenty days ; and if no owner or owners appear within twenty days, to dispose of such horse, horses, colt, or colts, as directed in cases where the owner or owners were known, and neglected or refus ed to redeera thera ; and the monies arising from such sale or sales, (if any be) over and above all cost, charges, and damages, shall be put into the treasury of such town where such horse or horses were irapounded, there to be kept for the owner : and if the owner of such stallions doth not appear within one year after such impounding, tbe raoney shall be long, and be appropriated to the use of the town were such stallions were impounded. AN ACT to prevent the selling or transporting raw, or untanned Hides or Skins out of this State. Be it enacted, &c. that no person or persons shaU, directly or indirect ly, sell, or transport, or send away out of this State, (except it be to ex change for leather) any raw or untanned hides, or skins of any neat cat tle, (continental property excepted) upon pain of forfeiting the sura.of thirty shillings lawful raoney, for every such bide or skin so sold, trans ported, or sent away ; one half thereof to the complainer who shall pros ecute the same to effect, and the other half to the treasury of the county where the offence is coraraitted. AN ACT for the punishraent of Defamation. Whereas defaraation and slander is a growing evil, and tends much te the disturbance of the peace : Beit enacted, &c. that whosoever shall defame or slander any person or persons whatsoever, and be thereof legally convicted before any court in this State, shaU pay a fine, not exceeding thirty pounds, to tiie public treasury of the county in which such offence is coraraitted ; and the per son or persons slandered, shall have such costs and daraages as the court and jury that have cognizance of the said case, shall judge to be reason able and just. And whereas defaraing the civU authority ofthe State, greatly tends to bring the same into contempt, and thereby to weaken the hands of those by whora justice is to be adrainistered. Which great evil to prevent. Be it enacted, that whosoever shall defarae any court of justice, or the sentence or proceedings of the sarae; or any of the magistrates, judges, or justices of any such court, in respect of any act or sentence therein passed, and be thereof legaUy convicted before any ofthe general courts, or superior courts in this State, shall be punished for the sarae by fine, imprisonraent, disfranchiseraent, or banishment, as the quality and meas ure of the offence, in the opinion of the court before whom the trial 4& had, shall deserve. LAWS PASSED, FEBRUARY, 1779. 383 AN ACT for the directrag and regulating of civU Actions. Be it enacted, &c. that the ordinary process in civil actions in this State, shall be a summons, or attachment, fairly written, signed by a ma gistrate, justice of the peace, or clerk of the court, mentioning the court, the time and place of appeai-ance ; therein also containing a declaration of the substance of the action : which attachments may be granted against the goods or chattels of the defendant; and for want of them, the lands or person of the defendant may be attached ; — provided, the plaintiff, when he prays out an attachment, satisfies the said authority, by oath, or sufficient evidence, that he is in danger of losing his just dues, unless attachment be granted ; and also give sufficient security to prosecute his action to effect, and answer all daraages in case he make not his plea good. And all writs and processes shaU be directed to the sheriff, his deputy, or sorae constable, if such officer can be had without great charge or in convenience : and in every case wherein the authority signing a writ shall find it necessary to direct the sarae to an indifferent person, such authority shall insert the narae of the indifferent person in the direction of the writ, and the reason of such direction ; and if any writ be other wise directed, it shall abate. Provided nevertheless, that nothing herein shall extend to effect sum monses for witnesses, warrants to collectors of rates, or warrants granted by miUtary officers. And that no person shall be required to make answer, in any civil ac tion, real, personal, or mixt, except the process, if returnable to the supe rior or county court, hath been served upon the defendant at least twelve days inclusive, before the day of the court's sitting ; or if returnable to an assistant or justice of the peace, that the sarae hath been served six days inclusive, as aforesaid ; which service shall be, if a summons, by reading the same in the hearing of the defendant or defendants, or leav ing an attested copy thereof at the place or places of his or their usual abode ; but if an attachment, the service shall be the attaching of the defendant's estate or person, and giving hira notice by reading the writ to hira, or in his hearing ; or by leaving an attested copy thereof at the place of his usual abode, if that be within this State : and that all such writs as are raade returnable to tbe county courts, shall be returned to the clerks of said courts, on the day before the sitting of such county courts, and not afterwards. That in case any process be duly served on any defendant or defend ants, and return thereof made to the court to which tbe sarae is made returnable ; then, if such defendant or defendants do not appear, his or their default shall be recorded, and judgraent entered up against him thereupon ; — unless, before the jury be dismissed, he or they shall come into court and raove for a trial ; in which case he or they shaU be ad mitted thereto, upon paying down to the adverse party, the costs to that time ; emd the plaintiff shall pay for entering the action a-new. But when it shall so happen that the party against whom suit is brought, is not an inhabitant, or sojourner in this State, or is absent out of the 384 LAWS PASSED, FEBRUARY, 1779. sarae, at the time of commencing such suit, and doth not return before the time for trial, the judges of the court before whora such suit is brought, shaU continue the action to the next court ; and if the defendant do not then appear, (by hiraself or attorney,) and be so remote that the notice of such suit depending could not probably be conveyed to him during the vacancy, the judges, at such next court, raay further continue the action to the court thence next following, and no longer ; but may enter up judgraent on default, after such continuance or continuances : and in such cases, where judgment shall be entered up by default, after such continu ance as aforesaid, execution shall be stayed, and not issue forth thereon, until the plaintiff shall have given, or lodged with the clerk of said court, a bond, with one or more sufficient sureties to the adverse party, in double the value ofthe estate or sura recovered by such judgraent, to make restitution, and to refund and pay back such sum as shall be given in debt or damage, or so rauch as shall be recovered upon a suit therefor, to be brought within twelve months next after the entering up ofthe first judgment, if upon such suit the judgraent shall be reversed, annulled, or altered ; the security to be no further answerable than for the recovery that shall be raade upon such suit to be had within twelve raonths, as aforesaid. Provided also, that no real estate, taken in execution granted upon such first judgraent, shall be alienated or passed away, until after the ex piration of the said twelve raonths, or after a new trial had on a suit brought within the space of twelve raonths, for the obtaining restitution as aforesaid. Be it further enacted, that if any person who hath entered an action to be tried in any court, being called three times (after twelve ofthe clock on the first day of the court's sitting) shall not appear, either by himself or his attorney, to prosecute his action, he shall be non-suited, and pay all cost and charges to the defendant, and for the entry of the action, as if the sarae had been prosecuted in such court. And that the plaintiff, in all actions brought to any court, shall have liberty to withdraw his action, or to nonsuit himself, before the jury have given in their verdict ; in whicb case he shall pay full costs to the defendant; and raay afterwards renew his suit at another court, the forraer withdraw or nonsuit being first recorded. Be it further enacted, that there shaU be free liberty of process, and the same is hereby granted, in all civil actions, according to law, at any adjourned county court, as well as at tbe stated county courts. And be it further enacted, that aU suits brought for the trial of the title of lands, or wherein the title of lands is concerned, shall be tried in the same county where the land Ues, or facts are done, concerning which the title of land raay be in question. And that aU other actions that raay be brought before the county courts, shall be brought and tried in the county where the plaintiff or delendant dwells, if they or either of thera are inhabitants within this State. And that aU suits and prosecutions cognizable before an assistant or justice ofthe peace, shall be raade and prosecuted before such authority, in those towns only, where the plaintiff or defendant dweUs ; unless there be no authority which may lawfully LAWS PASSED, FEBRUARY, 1779. 386 try the cause in either of the said towns ; in which case the plaintiff raay bring his suit before an assistant or justice of the peace in one of the next adjoining towns to the place of his abode. Andbe it further enacted, that all causes wherein the title of land is not concerned, and wherein the debt, trespass, damage, or other raatter in deraand, doth not exceed ten pounds, shall and'Hiay be heard, tried, and deterrained, by any one assistant or justice of the peace ; who are hereby impowered to hear and determine the sarae by jury or otherwise, according to law, and award execution on their judgment given in such cases ; and that either pUintiff or defendant shall have a right to demand a jury of six men to try such causes. J3e it further enacted, that the judges ofthe superior or inferior courts, assistants, and justices of the peace, shall determine matters of law, sta ted and referred to thera by the jury in their special verdicts ; which ver dicts the jury in aU cases wherein matters of law are to them so obscure, that they cannot clearly and safely give a positive verdict, shall have lib erty to give a special verdict therein, finding and presenting the facts, and thereon stating and putting the question in law, viz : — if the law be so, then we find for the plaintiff; but if the law be otherwise, then we find for the defendant. Be it further enacted, that the judges of the court, assistants, and jus tices of the peace, shall have liherty, if they judge that the jury that af- tend their respective courts have not attended to the evidence given in, and the true issue of the the case, in their verdicts, to cause thera to return to a second consideration of the case ; and shall, for the like reason, have power to return thera to a third consideration, and no more. And when the court have coraraitted any case to the consideration of the jury, the jury shall be confined under the custody of an officer appointed by said court, until they are agreed on a verdict : and the court raay set a suita ble fine, not exceeding forty shillings, upon such officer or juryman as shall be disorderly, or neglect or refuse a due attendance of their duties respectively, during their attending the court. And that when the parties have made their pleas in any court, and giv en their evidence, and the case be coraraitted to the jury, there shall be no after-pleas, arguraents, evidences, or testiraonies, heard or received in such case. And be it further enacted, that if any person shall be aggrieved with the sentence or determination of any assistant or justice of the peace, he may reraove his ease, by appeal to the next county court, in that county where the case wag first tried ; the person appeaUng, giving bond, as is hereafter provided. And if aiiy person or persons shall be aggrieved with the sentence or deterrainationof any county court, the party aggriev ed may appeal therefrom to the next superior court, to be held in the sarae county ; or by a new process, once, and no more, may review his cause in the next session of the same county court where it was before tried. And if either party be aggrieved with the judgment or determina tion ofthe county court, upon trial ofthe cause by review, he may appeal to the next superior court, in the sarae county. And if either party be aggrieved with the issue and deterraination of the superior court, upon A3 386 LAWS PASSED, FEBRUARY, 1779,. the first trial of the cause, then he may, by a new process, once, and ne more, review his casein the next session ofthe same court, there to be tried to a final issue ; provided the case be brought directly to the supe rior court, by appeal frora the first judsfment ofthe county court: but if the case be brought to the superior court, by appeal frora the judgraent of the county court given on a review, it shall have a final issue by the judgraent and deterraination of the superior court, upon the first trial there. Always provided, that all appeals and reviews shall be entered during the tirae of the sitting of the court frora whose judgraent such appeals and reviews shall be raade, and within twenty-four hours after judgraent be given : and sufficient bond, with sureties, shall be given in to the said court, by the person appealing or reviewing, to prosecute his appeal or review to effect, and answer all damages in case he make not his plea good : in all which cases, execution shall be stayed until there shaU be an issue ofthe case ; and the party who shall recover his action, shall have all his just damages and cost allowed him. Provided nevertheless, that from a judgraent given by an assistant, or justice ofthe peace, in a case wherein the debt, daraage, or other matter in demand, doth not exceed the sum of six pounds, or if the debt be due by bond, bill, or note, for the payment of money or grain, avouched by one or two witnesses,and doth not exceed the sura often pounds, no appeal shall be allowed. Also, that when judgraent shall be given in the county court, in any case brought there by an appeal, wherein the title of land is not concern ed, no appeal or review to be allowed. And that upon a judgraent or deterraination of the county court, in suits brought directly there, upon bonds, bills or notes for the payment of money or grain, avouched by one or two witnesses, no review nor appeal shall be allowed. Also, that from a judgment of the county court, in any action wherein the title of land is not concerned, and where the debt, damage, or other raatter doth not exceed the sum of sixty pounds, no appeal shall be allowed. And also, when either plaintiff or defendant shall, in any action, re^ cover judgraent upon the first and second trial, by the court and jury, the judgraent on such second trial shall be a final issue, and no appeal or review shall be allowed frora the sarae ; any thing in this act before to the contrary in any wise notwithstanding. And be it further enacted, that all appeals to any of the superior or county courts in this State, shall be entered in such courts respectively, before the second opening of such court, and not after ; unless the appel lant shaU pay to the appellee all his cost in such case arisen to that time,, to be taxed by the court ; which being done, the action may be entered by the appellant, before the jury attending such court are dismissed, and not after : which costs, so taxed and paid, shall not be considered nor allowed in raaking up the bUl of cost in the final deterraination of the case. And be it further enacted, that any one assistant or justice of the LAWS PASSED, FEBRUARY, 1779. 387 peace, shall have full power, and are hereby authorised and impowered, to take, and accept a confession and acknowledgment of any debt, from a debtor to his creditor, either upon, or without an antecedent process, as the parties shall agree; which confession shall be made only by the pen- son of the debtor himself: and, on such confession so made, the assistant or justice shall raake a record thereof, and thereon grant out execution in due forra of law. And if it so happen that such execution shall be levied on the lands of any such person, confessing as aforesaid, according to the laws directing the levying executions on lands, it shall be returned to, and recorded in the office of the clerk ofthe county court in the sarae county where such land lieth ; provided such land lieth within a town where there is no town clerk, qualified by law to record deeds ; but if such land Ueth in any town where there is a town clerk, qualified as aforesaid, in such case, every such execution shall be returned to, and recorded in the town clerk's office where such lands lie ; and being so done and record ed, shall be good evidence of a title to such creditor for whora it shall be taken as aforesaid, their heirs and assigns, provided no confession shall be made or taken in the manner aforesaid, for raore than the value of two hundred pounds debt, together with cost. And if any debtor shall ten- - der such confession to a creditor, and the creditor shall refuse it, he shall lose any cost that he shall, after such tender, be at, in procuring judgraent for his debt afterwards, unless it appear that such tender was not for the whole sura due. AN ACT regulating Trials and Appeals. Whereas, no county courts have been estabUshed in this State ; which makes it necessary that all such cases, or actions as would otherwise be heard before such county courts, should now be heard and deterrained in the superior court. , Be it enacted, &c. that all actions or suits that are by law, directed to be heard and determined by way of appeals or otherwise, in the county courts in this State, shall be heard and determined in the same manner in the superior court in each county in this State, as they are by law direct ed to be heard and determined in the county courts. And the superior court' shall have all the powers and jurisdictions that are by law, vested in the county courts, until county courts are regularly established in each county in this State. Be it further enacted, that all actions that shall, by virtue of this act, be brought to the superior court, that otherwise would have been brough* to the county court, and might by law have been appealed to the superior court; if either party be aggrieved with the judgraent rendered in such case, they may have a second trial in the superior court, by way of re- 388 LAWS PASSED, FEBRUARY, 1779. AN ACT making the Laws sf this State temporary. Be ii enacted, &c. that each and every act of this State that have been passed into laws by the General Assembly of this State, at their sessions holden at Bennington, February, 1779, be hereby declared to be tem porary acts or laws, and to reraain in full force untU the rising of the General Asserably in October next. And be ii further enacted, that no court, or justice, shall take cogni zance of any raatter or thing in which the tide of land is concerned, or iu any action of contract where the parties appear to have raade a bar gain, or contract, by note, bond, debts, or agreeraent in writing, or other wise ; any act or law to the contrary notwithstanding. BY HIS EXCELLENCY THOMAS CHITTENDEN, ESQ. Captain-General, Governor and Commander in Chief in.and over the State of Vermont: ^ PROCL^M^TIOJV, Whekeas the virtuous efforts and laudable exertions of the good people -of this State, have not only enabled thera (by the benevolent interposition of the aU-wise Governor of the universe) to frustrate the -wicked devices, the despotic and tyrannical designs of their foreign as • well as domestic eneraies, but has procured to theraselves the inestiraa- ble blessings of a free and independent government, and merited the esteem and confidence of the United States of America. And whereas it has ever been found (by universal experience) in all free governraents, to be of the highest importance, both for the honor of God, the advancement of religion, and the peace, safety, and tran- quiUty of the inhabitants thereof^ that good and wholesome laws be established, and justice irapartially administered throughout the same, in order to secure each subject in the peaceable enjoyment of his rights and liberties both civil and religious. And whereas the laws of this State are now proraulgated in a full and legal manner amongst the in habitants thereof, whereby each subject may become acquainted with his duty. I have therefore thought fit, by and with the advice of ray Council, and at the request of the General Asserably, to issue this Proclamation, and do hereby strictly require, charge, and command all persons, of what LAWS PASSED, JUNE, 1779. 389 quality or denomination soever, residing within this State, to take notice thereof, and govern themselves accordingly, on pain of incurring the pen alties therein contained. And I do hereby further strictly require and coraraand all magistrates, justices of the peace, sheriffs, constables, and other civil officers, to be active and vigilant in executing the laws aforesaid, without partiality, favor or affection. Given under raay hand, and the seal of this State, in the CouncU Chamber, in Bennington, this 23d day of February, in the third year of the Independency of this and the United States of America, and in the year of our Loed, one thousand seven hundred and seventy-nine. THOMAS CHITTENDEN. By His Excellency's comraand, with advice of CouncU, Joseph Fay, Sec'y. GOD SAVE THE PEOPLE. LAWS PASSED AT WINDSOR, JUNE SESSION, 1779. AN ACT to prevent persons from exercising authority, unless lawfully authorised by this State. Whereas, there are divers persons within this State, who have oppo sed, and do continue to oppose, the government thereof; and who do, by every way and means in their power, endeavor to obstruct the free ex ercise of the powers of governraent witbin the same : Which mischief to prevent; Be it enacted, &c. that if any person within this State, (except conti nental officers) shall, after the first day of September next, accept, hold, or exercise any office, either civil or military, from or under any author ity, other than is or shall be derived from this State, and be thereof duly convicted, shall, for tbe first offence, pay a fine not exceeding one hund red pounds, lawful money, according to the discretion of the court which may have cognizance thereof; and for the second offence of the hke kind, shall be whipped on the naked body not exceeding forty stripes, according to the discretion of the court before whora they are prosecu- 390 LAWS PASSED, JUNE, 1779- ted : and for the third offence, shall have their right ear naUed'to a posl., and cut off; and be branded in the forehead with the capital letter C, on a hot iron. This act to continue in force untU the rising of the Assem bly in October, 1780, and no longer. AN ACT to grant liberty of suing in certain cases therein naraed. Whereas it is judged inconvenient (by this Asserably) to put the law for collecting of debts due frora one man to Smother, by bond, note, book, covenants, or agreeraents, in force for the present. Notwithstanding which itis found necessary, for the support of gov ernraent, and /to carry on the war against our British eneray, that all ob ligations of what kind soever, that are given in or on account of any prosecution of ^ny action that raay by law be prosecuted ; as also any covenant, proraise or agreement raade for the sarae purpose, be liable to be sued and prosecuted to final judgraent and execution. Be it enacted, &c. that all obligations, of what kind soever, that have or shall be given, in or on account of carrying on any prosecution of any action, that raay by law be prosecuted, or on account of carrying said prosecution into execution ; as also all covenants and agreements raade for the sarae purpose, raay be sued for, and prosecuted to final judgraent and execution ; any law, usage, or custom to the contrary notwithstand ing- This act to continue in force untU the rising of the Assembly in Octo ber next, and no longer. AN ACT for raising the Fees and Fines heretofore stated by the laws of this State. Be it enacted, &c. that all fees and fines shall be double to what they stand in the laws, the judges of the superior court o-nly excepted ; who are each to have twelve dollars per day, with the milage the Assembly men have. This act to reraain in force until the rising of the Assembly in Octo ber next, and no longer. AN ACT irapowering two or three Justices to try a cause of one hund red pounds ; and forbidding appeals to delinquents for neglect of rail itary duty._ Be it enacted, &c. that two or three jnstices shaU have power to try such actions as they have heretofore been irapowered to try, to the amount of one hundred pounds .- and that one justice shall have power to try LAWS PASSED, OCTOBER, I779. 391 such actions, to the araount of forty pounds : — and that tliere shaU be no appeal for a delinquent for neglect of railitary duty. This act to re.main in force until the rising ofthe Assembly in October next, and no longer. LAWS PASSED AT MANCHESTER, OCTOBER SESSION, 1779. YN ACT directing and regulating the choice of Judges of the Superior Court. Whereas no particular directions are given in the Constitution for reg ulating the choice of Judges of the Superior Court ; in consequence of which it is necessary that some proper mode be provided by the General Assembly. Therefore, Be it enacted, &c. that in future the Judges of the Superior Court shaU be chosen in October annually, by the Governor, CouncU and House of Representatives, by then- joint hallot. AN ACT in addition to an act, entitled. An Act for the regulating and stating Fees.* Be it enacted, &c. that each juryman attending at the superior or county court, shall have one pound ten shiUings for trying each cause ; and each juryman for attending a justices court, one pound for trying each case. Attorneys fees for each case in the superior or county court, six pounds. County surveyors fees per day, six pounds ten shiUings. And be it further enacted, that all fees and fines shall be three-folded as they stand in the laws passed before tbis session — except juryraens fees, which is hereby repealed. AN ACT to revive the Laws passed by the Legislature of this State. Be it enacted, &c. that each and every act and law of this State, be, and reraain in fuU force and virtue until the rising of the Assembly, in, March next. * Rppealed, Nov. 8, 1780. 392 LAWS PASSED, OCTOBER, 1779. AN ACT appointing Coraraissioners for the better regulating Titles of Land within this State, and declaring their power. Whereas, there are raany teneraents, farras and tracts ef land, situate within this State, clairaed by sundry persons, under divers tides, occa sioned partly frora the unsettled situation the people of this State have heretofore been in, and partly by the avaricious views ofthose governors, who under the King of Great Britain, feared not to give patents directly interfering with each other, and many settlers have raoved on to said lands under those different titles, and undergone innuraerable hardships in set tling farms, and now to dispossess thera, would be cruel and unjust : while others have been intruders and trespeissers from the beginning ; and to establish them, in seclusion of the lawful freeholders, would be equally iniquitous and unjust. And whereas raany inconveniences raust attend trials at law, in strict legal ajudications of such a raultiplicity of disputes, as well to individuals as the public ; such as delays of justice in raany instances, increasing of broUs and contentions ; which great evils to prevent". Be enacted, &c. that Joseph Bowker, Esq., Joseph Tyler, Esq., John Strong, Esq., Edward Harris, Esq., and Capt. Edraund Hodges, be ap pointed and commissionated by his Excellency the Governor of this State, and sworn in the forra ofthe oath hereafter prescribed, to be cora missioners for the purposes aforesaid ; and that the seiid coraraissioners, or any three of thera, he, and they are hereby, authorised and impowered, to do and perforra the several acts, raatters and things hereafter naraed ; to wit : that the said coraraissioners, or any three of thera, shall have pow er to take into consideration, and fully examine, all the evidence rela ting to, or respecting, the titles of controverted lands in this State : for that end, they shall have power, to send for persons, to adrainister oaths, to call upon the parties for charters, patents, deeds of conveyances, and all other writings respecting their title to said lands : as ako to examine the parties upon oath ; and shall make report to this Assembly, at their next session,or at the session of General Asserably in October next, whicb ofthose various clairaants to the sarae land ought, injustice and equity, to possess and forever hold the fee of said land, with the remittances said fee-holders shall raake to the other clairaants ; together with the evi dence and reasons upon which said report shall be grounded. And be ii further enacted, that upon application made by any person, claming lands in the actual possession of another, whereon iraproveraents have been raade, to or, in his absence, to they, or either of thera, are hereby irapowered to suraraon any two or more of the cora raissioners aforesaid, to convene in that particular to-wn, wherein the dis puted land lieth ; notifying therein the time and place of convening ; and also to grant a citation to the person making application, to suraraon the person in actual possession, to answer hira in his claim, before said com missioners, at the tirae and place of their convening as abovesaid : which citation shall be served on the adverse party, at least twenty days before said coraraissioners convene : and said coraraissioners, after making out their reports, shaU lodge a true and attested copy of each report, fourteen LAWS PASSED, OCTOBER, 1779. 393 days before the sitting ofthe General Asserably, at their next session, or at the session in October next, in that particular town clerk's office, in which the land lieth, that each and every p-irty may have the perusal thereof And said commissioners shall, on or before the opening of the General Assemblies aforesaid, deliver to the clerk of said Assembly, the various reports they shall have raade ; which reports shall be read, with the evidence and reason of each report, on the first day ofthe Asserably's meeting, and shall then be laid on the table for each member's perusal, at least four days before they shaU pass the house : after which the re ports sball be taken up the second time, and read ; when all persons re monstrating against any of said reports, shall be heard ; and each report that sh dl be approved and adjudged to be established by said Asserably, and ordered to be carried into execution, a copy of the resolve of said As sembly shaU be sent to the town clerk's office where the land lieth ; and and the clerk of said town is hereby required, on the receipt of said copy from the General Assembly, to record the report and resolution of the A.>serably, in the register book of said town ; which shall be forever after deemed and considered an indisputable title to said lands, and the appur tenances thereof, in seclusion of all clairas and demands whatsoever, of the party or parties in the trials aforesaid. And be it farther enacted, that no cause or action .shall be commen ced or prosecuted, in which tbe title of land is any way concerned : and all actions now depending before any court, assistant, or justice of the peace, wherein the title of land is concerned, shall be removed frora said court, assistant, or justice ofthe peace, in the same manner in which they now stand, to said coramissioners, who are also hereby impowered to take notice ofthe cost that hath hitherto arisen : and all persons now in actual possession of land, shall be and remain in quiet and peaceable pos session, until the General Assembly shall determine the sarae. And be it further enacted, that each and every of the said commission ers, before they shall take upon thera the exercise of said office, do, be fore an assistant, or justice of the peace, take the following oath, viz : You being appointed one ofthe commissioners, according to the form and effect of an act, entitled " an act appointing commissioners for the better regulating titles of land within tins State, and declaring their power," do raost soleranly promise and swear, by the ever Uving God, that you will, to the best of your knowledge and abiUty, without favour or af fection, faithfully execute and perform, as well to justice between par ties as for the benefit and advantage of theinhabitants ofthe State of Ver mont, all and singular the powers and authorities, by force and virtue of said act unto you given. So help you God And be it enacted, that the person or. persons making application to the commissioners aforesaid, shall be holden to pay the same fees to said commissioners, as is allowed to the judges ofthe superior court: and they are hereby impowered to grant executions accordingly. B 3 394 LAWS PASSED, OCTOBER, 1779. AN ACT constituting the Superior Court a Court of Equity, and declar ing their power. Whereas, frora the universality of the law, raany cases will arise,where- in it is necessary that sorae further provision be made for relief in equity, than can be obtained by the rules of common law. To the intent there fore that justice and equity may be jointly adrainistered ; Be it enacted, &c. that the superior court shall be, and it is hereby, con stituted a court of equity, and impowered to hear and deterraine all cases in equity that shall be brought properly before said court, wherein the deraands, dues, matter or cause in dispute, is above twenty pounds, and doth not exceed the sum of four thousand pounds, lawful money : and on consideration of the several pleas and allegations raade by either party, raay raoderate the rigor of the law, decree and enter up judgment therein agreeable to equity and good conscience, and to award execution accordingly. And be it further enacted, that all cases in equity, wherein" the demands, dues, raatter or cause in dispute, shaU exceed the sura of four thousand pounds, shall be heard and deterrained by the Governor and CouncU and House of Representatives. And be ii further enacted, that the forra of the process in equity shall be, that the party aggrieved or oppressed, by the forfeiture or penalty an nexed unto any articles of agreeraent, covenant, contract, bond, or other specialties, or forfeiture of estate on condition executed by deed of mort gage, or any other cause proper for a court of equity, may bring his suit for remedy and relief therein, by filing a bill, in form of a petition, in that particular court that hath cognizance of the sarae, therein setting forth at large the cause for relief: and shall cause the adverse party to be served with a copy of said petition, and a citation to be signed by the clerk of said court, or by an assistant, or justice of the peace, twelve days before the day ofthe sitting ofthe sarae. Provided always, that the party aggrieved at any judgraent to be giv en as aforesaid, wherein titie of land is concerned, shall have liberty of review, as in other cases is provided at the coraraon law, and shall also have the liberty of appeal frora the superior court to the Governor and CouncU and General Asserably. And be it further enacted, that all causes in equity, now depending before the General Asserably, wherein the deraand does not exceed the sum of four thousand pounds, shall be referred to the superior court, in the same manner in which they now stand. LAWS PASSED. MARCH, 1780- 39o LAWS PASSED AT WESTMINSTER, 3LA.RCH SESSION, 1780. AN ACT to prevent unlawfid settlement on unappropriated Lands. J5e ti enacted, &c. that if any person or persons shall, after the pas sing of this act, presmue to make settiement, or improve any unappro priated lands witbin tiiis State, without first obtaining a legal title to the same, shaU forfeit all such settiement, labor and improvements td this State, and shall be obliged to give up possession, and pay all cost and damages tiiat shaU accrue. Provided ahrai/s. that nothing in tliis act be construed to debar any person or persons from recovering pay for labor, settlement, &c. where it can be made to appear that such settiement was raade through mistake, or on a supposed legal titie. And to prevent fraud in sales of land, by persons who pretend to a tide by virtue of their names being annexed to any petition or petitions on file, in the Secretary's office, for granting ; all persons are hereby cautioned agaiust such purcliases, as they are un just m their nature, and will not be considered as legal. AN ACT regulating tiie tryal of persons who on being sirraigned for treason, felony and crimes against the State, stand mute or refuse to plead. Whereas the judgments directed by the comraon law, so far as they respect the manner of putting the ofl'ender to death, are marked by cir cumstances manifestiy repugnant to that spirit of hum-anity which should ever distinguish a free, civilized and christian people ; — For remedy whereof. Be it enacted, &c. that in all cases of treason, felony, or criraes against tbe State, where the party indicted or complained of, shaU, on being ar raigned, obstinately stand mute or refiise to plead and be tried in due course of law; such obstinately standing mute or refusal to plead and be tried as aforesaid, shaU be adjudged to amount to, and be a proper tra verse or denial of the facts charged in the indictment or complaint, and the trial shall thereupon proceed in Uke manner, and the same judgment shaU be gi-yen against the said party, if found guilty, as if he, she, or thev had, on being ai-raigned, duly plead, and in proper form respectively put themselves on their trval. 396 LAWS PASSED, MARCH, 17SO. AN ACT for the purpose of irapowering the inhabitants of the respec tive towns in this State, to tax themselves for certain occasions. Whereas it is found necessary for towns as such, to raise suras of money for the carrying on the war, to purchase ammunition for town stock, to support the poor, and many other purposes which they may find neces sary, not inconsistent with the Constitution of this State. Therefore, Be it enacted, &c. that the inhabitants of the respective towns in this State be, and they are hereby authori,sed to vote a tax for the purpose of carrying on the war — for procuring a town stock of ammunition — tnr the support of the poor of such town, or any other purposes wbich they may find necessary, not inconsistent with the Constitution of this St^te, at their annual town meeting, or at any other ro'eting warned for that purpose; which meeting shall be warned at least ten days before the holding such meeting, by the selectmen. And the respective collectors of town rates are hereby authorised to collect such taxes when di»ected thereto by warrant from an assistant or justice of the peace; und tbe collectors of such rates shall lodge the money, so collected, in the town treasury, to be diawn out and disposed of, by the select-raen, for the pur pose or purposes for which it was raised. Provided always, that no person be compelled, by the major vote of said town, to build or repair a meeting-house, or support a worship, or minister cf the gospel, contrary to the dictates of his conscience ; pro vided said person or persons shaU support scnie sort of religious worship, as to them may seem most agreeable to the word of God ; any thing in this act to the contrary notwithstanding. AN ACT to prevent transporting Provisions out of this State. Whereas large quantities of provisions are continually exported out of this State, which, if not immediately prevented, wiU render it imjiracu- cable to furnish tbe troops raised for the defence of the northern Iron- tiers. Therefore, Be it enacted, &c. that any and all further transportation of wheat, rye, Indian corn, flour or raeal of any kind, as also poik, beef, or any other {irovisions whatever, that may be useful for supplying the troops raised by this State, be, and is hereby strictly prohibited and forbid to be transported out of this State, except for the use of the Continent, or that thf same be permitted by the Governor whh the advice of three or raore of his Council. And all sheriffs, grand-jurors, and select-raen, in their re.^peciive towns, and aU persons whatevf r whhin this State, are hereby authorised and required to seize any and every of the above mentioned articles, which they have reason to suspect any person or persons may be carrying out, or purchased to be carried out of this Stat^, contrary to the true intent of this act ; and if need be, to command assistance, and raake returns in writing, of said seizure, to the next assistant or justice of the peace ; and unless said person or persons shaU satisfy tbe court before LAWS PASSED, MRACH, 178©. 397 whora the exaraination be had, that he or they were not conveying any of the afore raentioned articles out of this State, said articles shaU be for feit, or such person or persons fined not exceeding forty pounds, at the discietion of the court before whom the tiial shall be had ; the one half of the forfeiture or fine to the use of this State, the other half to the per son prosecuting to eflect. Be it further enacted, that if any person or persons shall transport any of the above prohibited articles out of this State, and be thereof con victed before any court proper to try the same, he or they shall forfeit and pay unto the treasurer of this State the value of said articles so trans ported, to be recovered by bill, plaint, or information. This act to con tinue in force until the fifteenth day of August next, and no longer.* AN ACT regulating the choice of Field and Staff Officers. Be it enacted, &c. that whenever by death, resignation, disqualifica tion or otherwise, any regiment or regiraents shall be destitute of any- field or staff officer, or officers, that it shall be the duty of the captain- general, or in his absence, of the raajor-general, or, in their absence, of the brigadier-general, to issue his orders to the several captains or officers commanding the several companies of such regiment to raeet at such time and place as the captain-general, or in his absence, the major-gene ral, or in their absence, the brigadier-general as aforesaid, shall, in such orders direct ; and that the several companies of any such regiraent be ing convened, according to the directions aforesaid shall proceed, by vote, to the choice of some suitable person or persons to supply such vacancy or vacancies : which being done, the coraraanding officer of such regi ment shall return the narae or naraes of such person or persons to the Governor, in order to his or their being commissioned. AN ACT to revive the Laws passed by the Legislature of this State. Be it enarted, &c. that each and every act and law of this State, (ex- cejit those repealed by special a,ct of Asserably) be and reraain in full force and virtue until the rising of thg_A.ssembly in October next. AN ACT repealing a certain paragraph of an Act entitled " An Act raaking the laws of this State temporary. Whereas, there is a certain paragraph in said act enacted, " that no court, orjustice,shall take cognizance ofany matter or thing, in which the I *' This law ivas re pnactcd in October, 1780, and contiimcd in force until the close of Pebraary seseion, 1731, 398 LAWS PASSED, OCTOBER, 1780- title of land is concerned, or in any action of contract, where the parties appear to have raade a bargain or contract, by note, bond, debts, or agreeraent in writing, or otherwise, any act or law to the contrary notwithstanding." , Be enacted, &c. that the above recited paragraph be and remain in full force tUl the first day of June next, and no longer. LAWS PASSED AT BENNINGTON, OCTOBER SESSION, 1780. AN ACT directing what raoney and biUs of credit shall be a legal cur rency in this State. Whereas, no particular money, or bills of credit, as yet have, by any law of this State, been made legal currency therein. And whereas, not only for determining what money and'public bills of credit shall be legal, currency, but also to decide, as near as raay be, at what rate they sev erally shall pass : Be it enacted, &c. that all genuine coined gold, silver, and copper, shall be legal money in this State, viz : — gold, at the rate of five pounds per ounce ; silver, at six shillings and eight pence per ounce ; and coined coppers, at two pence per ounce. And that the bUls of credit ejpitted by the United States of America, before the eighteenth day of last March, be a legal tender as money, according to their current value ; having re gard as well to their current value at the time of maldng all contracts, as at the tirae of rendering judgments : to which all courts in this State, in their respective jurisdictions, are to conform theraselves. Provided, no regard be had to the value of said bUls, at the tirae of raaking any contract which was or shall be for gold, sUver, or money equal thereto ; or for money to be raade good as before the war ; or for money to be paid in any particular thing or things, at a certain price ; any thing in this act to the contrary notwithstanding. AN ACT for regulating Fees. Whereas the fees heretofore granted to officers of government, and others, have been stated in Continental currency, which is so far depre ciated, that it does not answer the purpose intended : and it is also found that the fees, in some instances, as formerly stated, were not adequate to the service : — Therefore, LAWS PA-.SED. OCTOBEK. 1780- 399 he it enacted, &c. tliat the estabJBihrnent of tlu; fee* bekm^iag to th« sseveral officer* of this State, be a? fi>llower mile, oot, ... Sujjfrit/r Courtti Fei:... Chief judge, nrhile silting, per day, A--ii^tant judge, while sitting, per day. Travel per mil' . out, ... To the jury for each action tried, And there gfaall be paid into the clerk ofthe superior court')* hands, for the benefit of th« treasury of this State, for each action tried in the superior court, i or each default ot confession, C&r^ of Superit/r Court's Fees. Ir^ntf.rhtt! each action and judgment, filing each testimony, ... Each execution, .... Entering judgment acknowledged. Copy- of each testimony, ... County Court's Fe':)c. Chief judge, while Ming, per day. Justice of the quorum, per day, Travel per mile, out, ... To the jury for each action, - - And there shall be paid into the clerk of the c/unty court's hand«, for the benefit of the treasury ol the county-, for 'ar;h action tried in county court. For each default or confession, For licence tn each tavern-keeper, (whereof to the clerk, one shilling,) • - - - 0 4 0 Clerk of County Courf* Fees. Entering ear;h action, - - - 0 0 3 Entering each judgment, - - - 0 1 0 For attachments, summoo*, and e.->:ecutions, and oth er things proper to him, as in tbe assistant'* and justice's fee*. 0 7 0 0 0 4 0 0 0 0 0 4 0 18 0 0 15 0 0 0 4 1 4 0 0 18 0 0 10 0 « 2 r, 0 0 -t- 0 1 3 0 0 9 0 0 '\ 0 10 0 0 7 0 0 0 4 0 18 0 0 10 0 0 4 0 400 LAWS PASSED, OCTOBER, 178O. Assistants and Justices Fees. Attachments or suraraons for action, - - 0 10 When bond is given, - - - - 0 13 Summons for witnesses, - - - - 0 0 6 Entry and tryal of each action, - - - 0 3 0 If by a jury, -' 060 Every execution, - - - - . 013 Every warrant for criminals, - - . 0 13 Bond for appeal, - - . _ . OO6 Copy of evidence, - - . . . 00 '6 Copy of judgraent, - - . - . . 0 0 8 Every recognizance, . - - . 0 0 9 Judgraent on confession or default - - 0 10 Affidavits taken out of court, - - . 0 0 9 Taking the acknowledgraent of a deed, raortgage, &c. 007 Each coraplaint, - - . . . 009 Court of Probate's Fees. Forgrantingadrainistration, to the judge, - 0 16 For receiving, and probate of every wiU and inven tory, of fifty pounds, or under. To the clerk, --...- Receiving, and probate of every wUl and inventory, abov^ fifty pounds, - - . - To the clerk, Each quietus, or acquittance, ... To the clerk, Recording every will and inventory, of fifty pounds or under, ...... Also, three pence per hundred for every hundred pounds after the said fit'ty pounds; and half so much for a copy of the same. Each bond for administration, . - . Each letter of administration, ... Each citation, ...... For raaking out a commission, receiving and exam ining the claims of creditors to insolvent estates, and registering the sarae, ... 01 Registering the coraraissioners report, for each page of twenty-eight lines, and ten words to each Une, 0 0 For entering an order upon the administrator, to pay out the estate in proportion to the several credi tors, returned by the coraraissioners, - 0 0 Allowing of accounts, settling and dividing of intes tate estates, ......02 Appointing guardians, and taking bond, - 0 1 0 2 0 0 0 9 0 3 0 0 1 0 0 1 0 0 0 6 0 1 0 0 1 0 0 0 6 LAWS PASSED, OCTOBER, 1780. 401 Secretary's Fees. For recording laws and orders of public concern ment in the State records, each. Affixing the State seal, each tirae. For each mUitary coraraission, ... Each coraraission for the justices of each county Coraraission forjudges ofthe superior court For each commission for judges of county and pro bate courts, ...... Each petition or memorial to the General Assembly, Fees to the General Assembly. For each petition or memorial betwen party and party, Town Clerk's Fees. For recording a deed, - , - For the copy of a deed, .... For a survey bill, . . . . _ For recording a marriage, birth, or death. For recording each mark, .... Attorney's Fees. In taxing bills of cost, the parties that recover, for attorney's fees, at county courts, Ik the superior court, .... 0 1 0 0 1 0 0 1 0 0 3 0 0 2 0 0 1 0 0 0 6 10 0 0 1 0 0 1 0 0 0 6 0 0 3 Q 0 6 0 4 0 0 6 0 Post Wages. For man, horse, and expense, each mile out, Sheriff's and Constable's Fees. Serving every summons, - - - - 0 If by copy, ... . . o Serving every attachment, - - - - 0 BaU bond, - - - - o For levying ea<:h execution, to be one shiUing for one pound or under, and three pence on the pound for every pound above. For attending at a justice's court, when obliged to at tend, for each action tried, - -' - 0 Each raile travel out, to be coraputed from the court, 0 Sheriffs attending the General Asserably, superior or county courts, per day, .... Constable for like service, per day. Fees for plaintiff or defendant attending any court, per day, -¦ - - - -. - Witness, for attending any court, per day. Travel for plaintiff, defendant, or evidence in any court, per mile, ... - 0 0 3 C 3 0 0 4 0 4 0 6 0 6 1 0 1 3 0 4 6 0 4 6 2 0 3 0 0 3 0 0 4 0 0 y 0 \ 0 0 6 0 0 6 0 1 0 0 1 0 0 5 0 402 LAWS PASSED, OCTOBER, 1780. Fees for a jury eraployed in laying out highways, shall be, lor every juror, per day, The sheriff attending on said jury, per day. Jury for a justice's court, for each action tried, Brander and Recorder of Horses Fees. .t*or branding and recording every horse kind, For each copy of record, - . . Goaler's Fees. For coraraitraent of a prisoner, For discharge ef a prisoner, - - For dieting of a prisoner, per week. County Surveyor's Fees. For himself and horse, per day, besides expenses, 0 6 0 Sheriff's and Constable's assistant's Fees. For each man that attends the sheriff or constable, per day, - - - - 0 4 0 AN ACT regulating and stating the Fines and Premiums in the several laws of this State. Whereas, the fines and premiums, or rewards, in the several laws of of this State, have been formerly stated in Continental currency, which has so far depreciated, that it does not answer the intent of the law. — And it is also found, that in sorae instances the fines and rewards, as for merly stated, were not adequate to the purpose intended. Therefore, Be it enacted, &c. that the several fines and rewards, in the laws of this State, be, and they are hereby, stated as follows, viz : — £ s. d. In the act regulating marriages, fine, - - 20 0 0 In the act directing listers in their office and duty, fine, 10 0 0 In the act directing proceedings against forcible entry and detainer, fine, - - - - 1 0 0 In the act for forming and regulating the militia, fine for the clerk's neglect, - - - - 3 0 0 Fine for a soldier refusing to rauster, - - 6 0 0 When draughted, and refusing to raarch, fine, - 9 0 0 Non-coramissioned officer neglecting to warn such per son, fine, - - - - -060 Officers disobeying orders firora the comraEinder in chief, fine, ..-.-. -50 00 Non-commissioned officers neglecting to attend, fine, 0-9 0 1 0 0 2 0 0 1 0 0 0 6 0 0 6 0 0 6 0 1 0 0 4 0 0 2 0 0 4 0 0 1 0 0 LAWS PASSED, OCTOBER, 1780. 403 In the act for the due observation and keeping the flrst day ofthe week as the Sabbath, &c. penalty for working, 1 Penalty for rude behavior, - . . . For travelling on said day, .... For walking abroad, &c. ... For keeping the outside of the meeting-house, &c. Eor convening in corapanies, &c. . . - In the act for regulating mills and millers, fine for taking raore toll than the law directs, ... In the act to encourage the destroying of wolves and pan thers, fine for taking out of pit or trap. In the act for the punishment of theft, penalty^. In the act for regulating the election of governor, deputy governor, council, &c. constable's fine. For Ulegal voting, fine, . - . . - In the act directing town clerks in their office and duty, penalty for neglect, - » - - - 040 In the act for laying out and altering highways, fine for neglect, - .....lOO In the act for raaking and repairing public highways, fine for refusing or neglecting, • -.036 In the act for the appointraent and regulating attornies, penalty on transgressors, - - - In the act for the punishraent of drunkenness, fine, In the act against profane swearing and cursing, fine. In the act directing constables in their office and duty, constable's neglect, fine, - . . . For refusing assistance, fine, .... For contemptuously refusing, fine, - - - For constables and other persons refusing to prosecute hue-and-cries, fine, - - - - 2 0 0 An act for authenticating deeds and conveyances, fine for - town clerk's neglect, - - - 5 0 0 An act for the punishing trespasses in divers cases, &c. for cutting, selling, &c. fine, - - - 0 10 0 For leaving down bars, &c. fine, - - 0 10 0 In the act for the settlement of testate and intestate es tates, for executor's neglect, fine, - - 3 0 0 In the act concerning sudden and untimely deaths, juror neglecting, fine - - . - 0 6 0 In the act for the preservation of deer, fine for trans gressing, ...... 400 In the act for preventing and punishing riots and rioters, fine, 10 0 0 In the act for appointing of sheriffs, &c. officer's refusal, &c. fine, .......10 Soldier's refusal, fine, . - - 2 Wages for captain, per day, - - - 0 for lieutenaut, - - - - 0 5 0 0 0 8 0 0 6 0 0 5 0 0 10 0 2 0 0 0 0 0 0 6 0 4 6 404 LAWS PASSED, OCTOBER, 178O. Wages for sentinel, - - - -030 For obstructing, &c. fine, - - - 15 0 0 In the act regulating juries and jurors, fine for default, 1 10 0 In the act regulating proprietors' meetings, fine for neglect, 5 0 0 In the act regulating fisheries, fine, - - 4 0 0 In the act concerning delinquents, fine, - - 4 0 0 In the act to prevent unseasonable night- walking, &c. fine, 0 10 0 In the act against barratry and common barrators, fine, 20 0 0 In the act against gaming, fine for tavern-keepers, - 2 0 0 For persons convicted of gaming, fine, - - 0 10 0 In the act for ascertaining town brands, &c. for branding at any other place than the town pound, fine, 110 0 For branders refusing to brand, fine, - - 0 6 0 For counterfeiting a brand, fine, - . - - 5 0 0 In the act for the raarking cattle, swine, &c. fine, - 0 2 0 In the act to prevent encroachraents on highways, &c. fine, 3 0 0 In the act concerning grand-jury raen, fine for refusing to serve, - -- - - - - 150 Fine for neglect, - - - - - - 110 0 Fine for not presenting, - - - - - 0 12 0 For neglecting to choose grand-jurors, fine, - 5 0 0 In the act for the punishraent of lying, fine, - 2 0 0 In the act for licencing and regulating houses of public / entertainraent, &c. first fine, , - - - 1 10 0 , Fine for not getting sureties, - - - - 0 10 0 Fine for seUing liquors without licence, - - 0 10 0 In the act against breaking the peace, fine for abusing any raagistrate, - - - - -30 00 Fpr private assault, fine, - - - 10 0 0 In the act for the punishraent of perjury, fine, - 30 0 0 In the act for providing and maintaining pounds, &c. fine on select-men for neglect, - - - 0 6 0 Fine for neglect to redeem out of pound, - - 0 1 6 For rescuing out of pound, - - - 1 0 0 In the act to prevent the seUing or transporting raw or un tanned hides or skins out of this State, penalty, 0 15 0 In the act relating to witnesses, &c. fine, &c. - 1 0 0 In the act for the punishment of defamation, fine, - 10 0 0 In the act in addition to the militia act, fine, - 2 0 0 In the act to prevent persons from exercising authority, unless lawfully authorised by this State, fine, - 40 0 0 In the act to encourage the destroying of wolves and pan thers, bounty for each wolf or panther, - 3 0 0 For each whelp that sucks, - - - 1 10 0 In the act against counterfeiting biUs of public credit, coins, &c. the reward, - - - - - 500 LAWS PASSED, OCTOBER, 17S0. 405 AN ACT to prevent the trial of the Tities of Lands. Whereas, there is such a variety of interfering claims or titles to land, within this State, it is judged necessary to prevent trials of the titles of lands for the present. Therefore, Be it enacted, &c that no court or justice shall take cognizance of any matter in which the title of land is concerned. Provided, that the foregoing paragraph shall not be construed to ex clude a trial concerning Wilraington and Draper. AN ACT directing in what raoney Judgraents of Court shall be given within this State. Whereas, it is highly necessary and convenient, that all judgraents for raoney, should be in that currency which is raost perraanent, and least subject to change. Therefore, Be it enacted, &c. that all judgraents given by any court, or justice of the peace in this State, for any sum of money, on any account what soever, shall be for gold or silver ; and at the same tirae the said court or justice shall make a rule at what rate the bills of credit, made a tender in this State, shall be received in satisfaction thereof, having special re gard to the act which raakes said bills a lawful tender ; and all execu tions to issue accordingly, induding therein the said rule. Provided nevertheless, the said court or justice, when the said judg raent reraains unsatisfied until the said bills raaterially alter in value, may, on proper application, alter said rule, as justice shall require. AN ACT directing what fence shall be deemed lawful. Be it enacted, &c. that no fence or fences within this State, shall be deemed lawful, unless it be four feet and an half high, weU built with logs, rails, stones, or boards, or other fence equivalent. AN ACT for the better regulating processes in actions of Trover and Conversion. Whereas, many times, it so happens, in cases of trover and conver sion, lihat the property is transferred through a number of persons hands, before the other claimant makes suit in law after it. And whereas, the claimant generally takes the person who has the property in possession : and whereas, there has not yet been raade any law for the defendant to cite the first supposed trespasser to answer the suit, which raakes hira 406 LA,5VS PASSED, OCTOBER, 178O. obliged to sue his voucher, and so to the first trespasser ; by which means great cost is needlessly made. Which to prevent in future. Be it enacted, &c. that when any person or persons shall be prosecu ted in any action of trover, the defendant shall cite the person who first purchased the property in dispute, if he may be found in this State, by a notification frora an assistant or justice of the peace; and such citation or notification being served by a proper officer, and returned to the court, such person, cited as above, shall be holden to trial, as though he had been first sumraoned to appear at said court, and answer to such action ; any law, custom, or usage, to the contrary notwithstanding. AN ACT in addition to an Act, entitled " An Act directing and reg ulating the serving and levying Executions."'* Whereas, the paper currency has, for many years past, been in a fluc tuating situation, and still reraains sb unsettled, that it is difficult for the Legislature to fix the sarae on a sure basis. And whereas the gold and .sUver currency is so scarce that it may render it very difficult for the peo ple to discharge their debts, without disposing of the necessaries of life, and thereby disable thera from doing their proportion in the present war : therefore. Be ii enacted, &c. that, in future, the person of any debtor, or his personal estate, shall not be subject to be taken, or holden, by execution, to satisfy any debt ; provided the debtor tender to the officer lands suffi cient to answer the debt ; which shall be appraised as the law in that case directs. Provided always, that no creditor shall be obliged to take lands to sat isfy such execution, unless such debt shall araount to raore than five pounds. - AN ACT appointing and irapowering Coramissioners to sell and dis pose of forfeited Estates, and the better regulating the same. Be it enacted, &c. that th(^re shall be appointed twelve persons, com missioners in this State, to wit, in the county of Curaberland, in the half shire of Curaberland, three; in the half shire of Gloucester, three ; ia the county of Bennington, in the half shire ^f Bennington, three ; jn the half shire of Rutland, three ; whose duty it shall be, upon the State's at torney's certifying to thera the conderanation of any estate by the re spective county courts, to set up a public notification in sorae public place, describing the land, and article for sale, at least ten days : and shall then proceed to sell the sarae to the highest purchaser, giving abso lute deeds of warranty, in behalf of the freeraen of this State. * Repealed, April 7, 1781. LAWS PASSED, OCTOBER, 1780- -407 Provided always, that not less than two of said coramissioners shaU be assenting to the bargain. And be ii further enacted, that all coraraissioners heretofore appoint ed by the court of confiscation, be dismissed, and the contracts which they have made, and not executed, shall be referred by them, as soon as raay be, to the coramissioners abovesaid, who are hereby authorised to fully execute the same. AN ACT for the purpose of procuring Provision for the Troops, to be employed in the service of this State, for the year ensuing. Whereas, the state of the present currency, or mediura of trade, is such that it is difficult to procure necessaries to supply the array, without calling on each town for a quota of such supplies. Therefore, Be it enacted, &c. that there be seventy-two thousand, seven hundred and eighty-one pounds of good beef ; thirty-six thousand, three hundred and eighty-nine pounds of good salted pork, without bone, except -back bone and ribs ; two hundred and eighteen thousand, three hundred and nine pounds of good merchantable wheat flour; three thousand and sixty- eight bushels of rye ; six thousand, one hundred and twenty-five bushels of Indian com, collected at the cost and charge ofthe respective towns in this State, and at the rates or quotas hereafter affixed to such towns : and that there be a Coraraissary General appointed, who shall take the charge of the same. And it shall be the duty of the select-men of each respec tive town, to procure such quota by the time or tiraes hereafter directed by this act : which select-men are hereby impowered to levy a tax on their respective towns, for the procuring such quota ; and also such quan tity of salt, and nuraber of barrels, as shall be found necessary for that purpose, and all the attending charges, either in the articles before de scribed, or in silver or paper currency. Be it furtlier enacted, that if the select-raen of any town neglect their duty herein, it shall be in the power of the Governor and CouncU, to issue their warrant to the sheriff of the county, or his deputy, coramanding him' to levy of the goods or chatties of such select-men, and dispose thereof according to law, a sufficiency to procure such quota ; except it does ap pear to thera that the people ofthe town, or one third part thereof, were opposed to the select-raen in procuring such provision : in which case it shall be in the power of the Captain General to issue his warrant to "the said Coraraissary General, by hiraself or his deputy, to repair to such town, and there seize, transport, and dispose of, a quantity ofany of the necessary articles, to the araount of such quota, belonging to such per sons as have opposed the said select-raen. Provided always, that the said select-men shall be accountable to the Coraraissary General, for the part of those who have not opposed such jselect-raen. 408 LAWS PASSED, OCTOBER, 178O. And whereas, there are several towns in this State, the inhabitan-ts of which have not chosen, or do not choose, select-raen according to law, and which towns the Coraraissary General raay have no person to call on : — , Which difficulty to reraove. Be it enacted, that it shall be in the power of the Governor and Coun cU, frora time to tirae, to norainate and appoint a person or persons, in every such town, who shall have it in their power to transact the business in this act prescribed for select-raen ; and whose duty it shall be, to notify and acquaint the inhabitants of such town or towns, of the tenor of such act. Provided, that such person be not liable to be levied on as the select men. But it shall be in the power of the Captain General, in case of such towns failing to furnish their quota as aforesaid, to issue his warrant to the said Coraraissary General, directing hira to repair to such town, by hiraself or his deputy, and there seize, transport, or dispose of, a quantity of any of the necessary articles, to the amount of such quota, belonging to any person, inhabitants of such town. And it shaU be the duty of such Com missary General, to see that such provision be forwarded in such quanti ty, and at such tirae or tunes, as it shall be wanted for the use of the troops. And if it be found that there be a surplusage of provision for the army in service, it shall be in his power, with the advice of the board of war, to barter or exchange such part of such provision as will appear necessary, for rura, salt, powder, lead, or other necessaries for the army. , And be it further enacted, that whatever select-raen, or other person- appointed by the Governor and Coimcil, shall embezzle, or be concern ed in embezzling, or misapplying any provision, collected for such quota, he shall forfeit and pay, treble value thereof, one moiety to the public, for the purpose of procuring provisions as aforesaid, the other to the person who shall prosecute to effect: and shall suffer disfranchisement. That if any select-raan, or other person appointed by the Governor and Council, shall coUect, store up, or deliver to the Coraraissary Gen eral, or his order, any provision, except such as is of a good quality, and well packed and saved ; or of any other than the quality required in this act, and be thereof convicted, he shall pay treble the value of the article he should have procured, to be disposed of as aforesaid ; unless it appears that it was not through his neglect, or for want of properly attending to his duty. Provided always, it shall be the duty of the select-raen to warn a town raeeting, and consult the inhabitants on the raethod of procuring such provision. That the tirae for the flour, pork, rye and Indian corn, to be provided and stored in each town, be the first day of January next : that the time for the beef to be provided and delivered, be, for the towns of Manches ter, Sandgate, and to the northward in the county of Bennington, the eighteenth day of Deceraber : that the tirae for the beef to be provided and delivered for the towns of Arlington, Sunderland, and 'all the towns to the southward thereof in said county, he, on or before the fifteenth day LAWS PASSED, OCTOBER, 1780. 409 of January next ; that the time for the beef to be provided and delivered for the county of Curaberland, be, on or before the fifteenth day of Jan uary next. . And that all such beef be delivered on the foot, except such towns shall otherwise agree with the Commissary. Provided dlwaysi that the constables of the respective towns shaU be obliged to attend to the orders of the select-men, with regard to collect ing such provision. And in towns where there are no constable appoint ed, it shall be in the power of said select-raen, or such other person or persons as shall be appointed by the Governor and Council, to appoint a constable in every such town, who shall have equal powers in collect ing said articles, with other constables chosen in the usual raanner. And be it further enacted, that if the Coraraissary or his deputy, be impeded or resisted in coUecting the articles aforesaid, he shall call to his assistance such part ofthe mUitia as he shall judge necessEiry, at the cost ofthe person or persons so impeding. And it shall be the duty of the said Commissary, or his deputy, to seize so rauch of the delinquents pro perty, as will pay said cost, and rate, being sold at vendue. And be it further enacted, tbat to the end it raay be known which town is guilty of embezzling, or misapplying, or being any ways concern ed in collecting, storing up, or delivering to the Commissary, any provi sion, except such as is of good quality, and well packed as aforesaid ; each town shall raark their barrels of provision, to be delivered as afore said, with the same mark as is established by law to brand their horses. And be it further enacted, that this act be forthwith printed and cop ies thereof sent to the respective towns in this State. And whereas the sura total of the lists of severed towns, have not been brought in according to law ; for which reason they have been assessed at the discretion, and according to the best judgraent of this Assembly ; by which means some of such towns raay be aggrieved. Therefore, Be it further enacted, that on the application of any such town to the General Assenably, at their session in October 1781, shewing that such town was assessed higher than of right it ought to be, it shall be the duty of such future Asserably to make proper aUowance to such town, on ac count of their next rate or tax. And if it be found that any town is not rated high enough, that matter shall be also rectified by a future Assem bly. That the quotas for each town be as follows : — TOWNS. T3 S3O V- .ii <-- c 4^ 03 «-; O s = g o 5 pa a c2 T3 .So u o s tu » tB 1" Ph "o £ ^ ^1 CA HH Pownal, Bennington,Stamford,Shaftsbury, 1-2 16,025 750 12,559 5,341 1-2 250 4,186 1-2 D 3 1,757 2,670 1-4 125 294 413 24 2,093 1-4 354 147 206 1-2 12 \77 410 LAWS PASSED, OCTOBER, 1780- TOWNS. s 3o (2 'o -s ^ a -a 3 v Pd cd o -JSO 03 .Co ^1 pa Arlington, Sandgate, Sunderland, Manchester, Ruport,Dorset, Pawlet, Danby, Harwich, Wells, Poultney, Castleton, Tinmouth, Clarendon,Rutland, Shrewsbury, WaUingford, Pittsford, District of Ira, Hinsdale,Guilford, Halifax,Whitingham, Brattieboro', Marlborough, Duraraerston, Newfane, Townshend, Putney, Westrainster,Athens, Rockinghara, Thoralinson, Chester, Londonderry, Springfield,Andover, Cavendish, Weathersfield, Wilraington,Windsor, Reading,Hertford, 5,356 514 2,707 6,8673,256 3,000 3,220 4,284 75 1,800 2,795 2,0314,272 5,1195,818 300 1,672 900 1,500 3,000 7,500 ' 4,500 1,500 6,750 2,100 5,2503,000 3,750 6,000 1,750 900 6,150 300 3,000 1,500 3,000 300 600 1,611 2,338 11,813 351 3,198 1-2 1-2 1-2 1,785 180 902 2,289 1,089 1,0001,073 1,428 25 60O932 677 1,4241,706 1,939 100 557300 500 1,000 2,500 1,500 500 2,250 700 1,750 1,000 1,250 2,0002,250 3uO 2,050 100 1,000 500 1,000 100 200 537779 3,937 1-2 117 , 1,066 1-2 892 90 451 1,144 544 500 536 714 12 300466 338 712 853 969 50 278 150 250 500 1,250 750250 1,125 350 876500625 1,000 1,125 150 1,025 50 . 500 250 500 50 100 268 389 1,969 58 533 1-2 1-41-2 1-2 1-2 1-2 1-2 1-2 1-2 150 18 78 188 90 84 90 123 6 54 78 57 120144 162 9 48 24 42 84 210 126 42 186 60 147 84 105 l68186 28 174 1284 42 84 12 18 48 66 324 12 90 75 9 3994 454245 61 1-2 3 27 39 2P 1-2 60 72 81 4 1-2 24 12 2142 105 6321 93 30 73' 1-2 42 52 1-2 84 98 15 87 6 42 21 42 6 9 24 33 162 6 45 LAWS PASSED, OCTOBER, 178O. 411 <« .i< '" S <— ^ - 0 >- 0 b 0 TpWNS. nds w Flour ounds Beef Z. 0 -2 0 o3 C8 1 "s ^ "3 0 s Ph S 3 a 3 Ph VI M Woodstock, 3,543 1,181 590 1-2 99 49 1-2 Hartford, 3,750 1,250 625 105 52 1-2 Porafret, 2,400 800 400 66 33' Bernard, 1,200 400 200 33 16 1-2 Norwich, 6,000 2,000 1,000 168 84 Sharon, 1,200 400 200 33 16 1-2 Royalton, 1,392 464 232 39 19 1-2 Bethel, 600 200 100 . 18 9 Thetford, 3,000 1,000 500 84 42 Strafford, 2,400 800 400 66 33 Fairlee, 900 300 150 33 16 1-2 Mooretown, 1,500 500 250 42 21 Newbury, 5,700 1,900 950 162 81 Corinth, 900 300 150 33 16 1-2 Rygate, 1,800 600 300 54 27 Barnet, 750 250 125 24 12 Peachara, 750 250 125 24 12 AN ACT to to enable assignees or indorsees of negotiable notes, to raaintain action thereon, as on inland bills of exchange, or as though such note were taken in his, her, or their own narae. Whereas, not only for the benefit of trade, paper credit, and the ease and conveniency of process on negotiable notes, but also for continuing the forraer custom concerning such notes ; Be it enacted, &c. that all promissory notes, payable to order or bear er, raay be assigned or indorsed, and action raaintained thereon, as on inland bills of exchange ; and that action may in the same raanner be raaintained on all such notes as have already been assigned or indorsed as aforesaid.* AN ACT for ascertaining the Title of Lands, in cases therein naraed. Whereas, divers persons, late inhabitants of this State, and others, who hold lands- by deed or deeds of conveyance, within the same, have gone over to, and joined the eneraies of this and the United States of Araerica, 'by which means raany such conveyances are likewise carried * Repealed March 8, 1784. 412 LAWS PASSED, OCTOBER, I78O. with such persons, or otherwise by them secreted, which has put it out ef the power of the State or individuals, in such cases, to produce such evi dence to the title of such lands, as the law in common cases requires. Therefore, Be it enacted, &c. that whenever any action shall be brought before any court proper to try the sarae, for the surrendry of any lands or tene ments that were in the possession of) or occupied at or near the time of any such person or persons leaving this or the United States, and thus go ing over to the enemy ; that if, on such trial, the defendant shall raake it appear by evidence,- to the satisfaction of the' court or jury, that the person or persons who have gone to the eneray as aforesaid, was, at the time of his leaving this or any of the United States, the just and rightful owner of any such lands and teneraents, and produce a deed of convey ance from under the hand and seal of any person duly impowered by the authority of this State to convey the same ; that in every such case, judgment shall be rendered for the defendant — and a copy of such judg ment, together with such deed, recorded in the town clerk's office where such land lieth, shall be deeraed good and sufficient evidence to the title of any such land or teneraents. And be it further enacted, that if any person or persons that have been heretofore, or that raay in future be appointed to seU any such lands ; ra any person clairaing lands by deed frora any such person, shall bring his action for the recovery of any such landstas may be in the possession of any other person or persons, it shall be determined in the sarae manner. AN ACT to direct persons with respect to division Fences. Whereas, many difficulties have arisen by raeans of partition fences not being properly regulated. Therefore, Be it enacted, &c. that whenever any person or persons having ira proveraents adjoining each other, the expense of making and raaintain ing a lawful fence, shall be equally divided between thera. And if they cannot agree to divide the sarae, it shall be divided by the select-men, or three indifferent freeholders of such town where such land lieth, each paying for their own part. And where it shall so happen that any per son or persons shall make fence against another person's land, that when that other person shall improve against said fence, they shaU pay the person that built said fence for the one half of said fence, to be appraised by the select-men, or by three indifferent freeholders of the town where such land lieth. And if either of the parties or persons whose improve ments so adjoin each other, should refuse or neglect to raake or maintain his, ber, or their proper part of said fence, having three months notice, then the aggrieved party raay enter complaint thereof to an assistant or justice of the peace, who is hereby directed to suraraon such delinquent or delinquents, to answer for his, her, or their neglect ; and being foirad delinquent, shall grant execution thereon for cost and daraage. LAWS PASSED, OCTOBER, 178O. 413 AN ACT in addition to the last paragraph of an Act, entitled, " An Act against High Treason." Be it enacted, &c. that if any person or persons shall know of any of the encraiies of this or the United States, to be any way lurking about in this State, either in the woods, or the house or houses of any of the dis affected people, or any ether place ; or shall harbor any of the aforesaid enemies, and conceal the same, or neglect immediately to acquaint the authority, and be thereof convicted before the county or superior court, shall be punished by fine, according to the nature of the offence ; and shall be imprisoned at the judgment of said court, in any of the goals in this State, not exceeding ten years. And be it further enacted, that, on the complaint of any county or town informing officer, made to an assistant or justice of the peace, that any person or persons have, for more than one year last past, appeared by their conduct to be iniraical persons, and likely to do raischief if they are suffered to go at large ; he shall issue his warrant, and call such per son or persons before hira, to answer such coraplaint ; and also call to his assistance one or more assistants or justice of the peace : and if, on examination, it be judged by the said court, or a jury of six raen, that the said person or persons are dangerous persons to go at large, they shall pay cost of prosecution, and be coraraitted to any of the goals within this State, during the pleasure of the court, at their own expense. Provided always, that such person or persons shall have liberty to ap ply to the superior court for relief, who shaU grant such relief as they judge just. AN ACT against inimical conduct. Whereas, it has been represented, that many persons who are enemies to the^ liberties of this and the United States of America, are continually using their utraost exertions to discourage and dishearten the good friends to the liberties aforesaid, by raaking and spreading false news, and speak ing diminutively of the proceedings of the friends aforesaid. Therefore, Be it enacted, &c. that if any person shall speak any word, or do any act or thing, with design against this country, tbat shall have a direct or indirect tendency to discourage the good people of this State from nerv ously exerting theraselves in the cause of this country ; or shall speak words disrespectful of said cause, or the raeasures taken to support it ; or shaU, by any words or actions, with design as aforesaid, encourage, or shew theraselves disposed to encourage, the disaffected persons in this State ; or shall spread, or endeavor to spread, false news with regard to the strength or success of the eneray, or with regard to any disadvantage they would insinuate the army or armies of this or the United States to be under; and be thereof convicted before one or more assistant or jus tice of the peace, who are hereby impowered to try the same ; he or 414 LAWS PASSED, OCTOBER, 178O. they shaU be punished by fine, not exceeding ten pounds ; whipping, not exceeding ten stripes, or iraprisonraent, not exceeding twelve months ; or either, or all of them, according to the nature of the offence, at the discretion of the court before whom such trial shall be had. AN ACT for the purpose of removing disaffected persons from the frontiers of this State. Whereas, it is found that sundry persons, living in the frontier towns of this State, who do not feel theraselves in any danger frora the coraraon eneray, and refuse their personal assistance in the defence of such fron tier settleraents ; and we have reason to fear, hold a secret and traitorous correspondence with, and as occasion offers, harbor and conceal, the en eraies of this and the United States : — Which embarrassraent to prevent. Be it enacted, &c. that it shall be the duty of the select-men of any- such frontier town, if they have good grounds of suspicion that any per-' son or persons living in such town, do secretly correspond with the ene ray ; or any person or persons who do not feel theraselves in danger frora the coraraon eneray, and refiise their personal assistance to defend said frontiers, or have, for a long tirae, neglected their duty therein, — to warn a meeting of the inhabitants of such town, reciting in such warning the names of the person or persons so suspected ; and that the design of such raeeting is to take into consideration whether they judge such person or persons to be dangerous to the safety of the frontiers. And whatsoever person or persons shall be, by such meeting, so warned, judged and voted to be necessary to be removed, either on account of their unfriendliness to the cause of America, or their unwillingness to support said cause, shall be, by warrant from an assistant or justice of the peace, directed to the sheriff of the county, his deputy, or either of the constables of such town, reraoved, with his faraily and effects, after twenty days, and within thirty days, at their own proper cost and charge, to the interior part of this State ; which warrant such raagistrate is hereby directed to issue, on application of the select-raen of such town. Provided always, that any person voted by any town to be necessary to be reraoved, shall have a right of appeal to the Governor, who, with- the advice of four of his Council, if they find that the said vote was had through raistake, or without just grounds against such person, or for any other cause than toryisra, shall have a right to order a suspension of such removal, for such tirae as they shall judge convenient ; which order shall be given to the officer who is directed to remove such person ; and shall be to him a sufficient warrant for such suspension, for the time specified by such order, and no longer. Provided also, that the person to be removed procure such order with in twenty days frora the tirae of such votes being passed, and not after. And aU such persons, so reraoved, when in the interior part of the State, shaU not be subject to be warned out of town, except sach as have not LAWS PASSED, OCTOBER, 1780. 415 heretofore gained a residence in any town in this State ; but shall be con sidered to belong to the town where he belonged before such reraoval : and if not of sufficient ability to raaintain theraselves, and have not rela tions who are by law obliged to raaintain thera, they shall be supported at the cost and charge of the town from whence they were removed. And it shaU be the duty of the select-raen of the town where they shall reside, to see that such persons are kept to a suitable eraploy, in order to support theraselves. And be ii further enacted, that all towns in which there are any in habitants, and no select-raen, shall be under the jurisdiction ofthe select raen of the next adjoining town, or of the nearest town where there are select-raen, as far as relates to this act. Be it further enacted, that the towns hereafter mentioned in this act, shall be considered as frontiers, viz : — ArUngton, Sandgate, Ruport, Pol- lett, WeUs, Poultney, Castleton, Rutland, Pittsford, Clarenden, Tin mouth, WaUingford, Danby, Shrewsbury, Newfane, Townshend, Lon donderry, Brumley, Andover, Cavendish, Pomfret, Woodstock, Bernard, Royalton, Bethel, Newbury, Barnet, Rygate, Maidston, GuUdhall, Lu- henburgh, Strafford, Manchester, Reading, Wethersfield, Athens, and Hertford. ARTICLES, RULES, AND REGULATIONS, for preserving Order, good Government, and Discipline araong the Militia, and other forces of this State, when called to actual Service, for the defence and secu rity ofthe sarae, and when called upon with respect to going into ser vice, &c. Be it enacted, &c. that the following articles shall be obs'erved for the purpose aforesaid. SECTION I. Article I. AU officers, non-comraissioned officers, and soldiers, when the safety, the good of the service, and conveniency perraits, shall, with decency and reverence, attend divine service, at the place appointed for tbat purpose, on penalty of being, by the judgraent of a cpurt-raartial, niulct of the whole of his or their wages for one day, respectively. Art. II. Any officer, non-comraissioned officer, or soldier, who shall use any unlawful oath or execration, shall incur the penalty expressed in the first article. Art. III. Any officer, non-coraraissioned officer, or soldier, who shall behave hiraself with conterapt or disrespect tdwards the general or gen erals, or coraraander in chief, or shall speak words tending to his or their dishonour, or shall begin, excite, cause or join in any mutiny or sedi tion in the regiment, troop, company, gart-ison, party, post, detachment or guard to which he belongs, or in any other corps or party ofthe mUi tia, or forces of this State, or the United States, or shall not use his ut most endeavours to suppress any mutiny or sedition when he is present ; «r knowing of any mutiny or intended mutiny, shall delay to give in- 41 6 LAWS PASSED, OCTOBER, 1780. formation to the commanding officer ; such officer, non-commissioned oi- ficer, or soldier shall suffer such punishment as shall be inflicted accord ing to the nature ofthe offence, by the sentence ofa court-martial. Art. IV. Any officer or soldier, who shall strike his superior officer, or shall draw, or offer to draw, or lift up any weapon, or offer any vio lence against hira, being in the execution of his office, or shall disobey his lawful coraraands, shall suffer such punishment as shall be inflicted, ac cording to the nature ofthe offence, by the sentence of a court-martial. Art. V. Any non-comraissioned officer or soldier, who shaU desert, or without leave of his commanding officer, absent hiraself from the troop, company, or party, to which he belongs, shall be liable to pay aU rea sonable cost, arising frora the recovery of any such soldier so deserting, as well as such reasonable sum as may be offered by his commanding of ficer, as a reward pr encouragement for apprehending and returning any such deserter ; which cost shall be deducted out of such deserter's pay, if a sufficiency be due for his services ; otherwise to be recovered by biU, plaint or information, before any court proper to try the sarae ; and shall suffer such other punishment as shall be inflicted by the sentence of a court-martial. Art. VI. Any officer or soldier, being convicted of advising or en couraging any other officer or soldier to desert, shall suffer such punish ment as shall be ordered by the sentence ofa court-martial. Art. VII. All officers shall have right ro quell quarrels, frays and dis orders, though in any other corps, and to order in arrest or confineraen the persons concerned ; and whosoever shall offer any violence to such of ficer, (though of an inferior rank) shall be punished at the discretion ofa court-martial. Art. VIII. Whatsoever officer, either in actual service of the State, or of the railitia at horae, who shall be guilty of disobedience of or ders, and be thereof convicted before a general court-martial, shaU be cashiered ; and if not in actual service, to pay cost of prosecution. Art. IX. All challengers, duellers, and seconds, and all who shall aid or abet them, shall be dealt with according to the nature of his of fence, agreeable to the laws of war, by judgment of a court-martial. Art. X. Any officer or soldier, who shall use any reproachful or provoking speeches or gestures to another, or shall behave disorderly, or usp any menacing words or contemptuous carriage, in the presence of a court-martial, shall be punished according to the nature of his offence. Art. XI. Any non-commissioned officer or soldier, who shall in camp, garrison, quarters, or on a march, offer any violence to any inhabitant, or corarait any outrage on him or his goods ; or shall plunder any house, or other building, or any field, garden, or lot, ofany effects; or shall kiU, wound, or destroy, any cattle, sheep, hogs, fowls, or any other creature, belonging to any of the good people of this State ; or shall by threatening, or otherwise, force or compel any ofthe inhabitants to loan, give, or sell any horse, carriage, victuals, liquors, entertainment, or any other thing, shaU be punished, according to the nature of his offence, by the judgraent ofa court-martial ; and reparation shaU be made by the offjender to the party injured, by paying hira the wages due to the offender, or by deliv- LAWS PASSED, OCTOBER, 1780. 417 ering hira over to the civil authority, to be dealt with according to the law of the land, as the case raay require : and any officer who shall cora raand on a raarch, or in carap, garrison, or quarters, who shall neglect to see justice done herein, shall, on proof thereof before a general court-raar- tial, be cashiered, and otherwise suffer such penalties as such offenders ought to have done. Art. XII. No non-coramissioned officer or soldier, shall be found one mile from the camp without leave in writing frora his superior officer. No officer or soldier shall be out of his camp or quarters, without leave from his commanding officer. All non-coraraissioned officers and soldiers shall, at retreat-beating, retire to their quarters. All officers, non-coramissioned officers, and soldiers shall, at the tirae prefixed by the coraraanding offi cer, immediately repair to the parade, alarm-post, or other place of ren dezvous, and there shall reraain until duly dismisted or relieved : any who shall offend herein, shall be punished according to the nature of his offence, by the jut^raent of a court-martial. Art. XIII. If -any officer or soldier shall think himself wronged by his superior officer, and shall, upon due application raade by him, be refu sed redress, he may complain to the general, or coramander ofthe carap, post, or garrison, who is hereby required to exaraine into the matter, and see tbat justice be done. Art. XIV. Any commissioned officer found drunk on guard, or other duty under arms, shall be cashiered. Any non-commissioned officer or soldier so offending, shall suffer such punishraent as shall be inflicted by the sentence of a court-martial. Art. XV. Any sentinel found sleeping on his post, or who shaU leave his post before relieved,, shall suffer such punishment as a court-martial shall order. Art. XVI. Any person who shall designedly raake a false alarra, or any officer or solcUer who shall, without urgent necessity, leave his pla toon or division, shall be punished, according to the nature of his oflence, by judgment ofa court-martial. Art. XVII. Any officer, non-comraissioned officer, or soldier, who shall leave his post in tirae of an engagement, to go in search of plun der, shall suffer such punishment as a court-martial shall see cause to inflict. Art. XVIII. Any officer or soldier, who shall, by his influence, cause or excite the officers or soldiers of any post, to compel the com manding officer ofany post, or garrison, to give it up to the enemy, or to abandon it, shaU suffer death, or such other punishment as a general court- martial shall inflict. Art. XIX. Any officer or soldier, who shall make known the parole or countersign, to any one who is not entitied to receive it ; or shall give a false parole or watch-word to any who are entitled to receive it, shaU suffer death, or such other punishraent as a general court-martial shall inflict. -¦ Art. XX. Whatsoever officer or soldier, when in service, shall re lieve the eneray with raoney, victuals, arms, or araraunition ; or shalj knowingly harbour or protect the enemy, or shall hold a correspondence E 3 418 LAWS PASSED, OCTOBER, 1780- or give intelligence to the eneray, either directly or indirectly, shall suf fer dpath, or such other punishment as a general court-raartial shaU in flict. ' Art. XXI. Whatever officer or soldier, in tirae of an engagement, shall traitorously and evidentiy, be airaing to decoy or betray any corps, party or detachraent into the hands and power ofthe eneray, shall suffer dgath. , Art. XXII. Whatsoever officer or soldier shall shamefully abandon any post committed to his charge, or endeavour by words to induce others to do the like, in tirae of engagement, shall suffer death, or such other pun ishraent as a general court-raartial shall inflict. Art. XXIII. No non-coraraissioned officers or soldiers shall seU, waste, destroy, or embezzle any arras, araraunition, or other warlike stores, belonging to, and delivered to him for the service of, this State, on pain of being punished, according to the nature of his offence, and of paying the value of the thing so sold or wasted, to be stopped out of his pay, by the sentence of a court-martial, or recovered by action in civil law. Art. XXR^. Whatsoever officer shall be convicted before a court- martial of behaving in a scandalous, infamous raanner, such as is unbe coming the character of an officer and a gentleman, shall be discharged the service. , Art. XXV. All spies from the enemy, found in any of our camps, garrisons, or forts, or in the neighborhood thereof, either lurking in woods, or among the inhabitants, with or without arms, and who shall be thereof convicted by general court-martial, shall suffer death. Art. XXVL AU criraes not capital, and aU disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good or der, and nlilitary discipUne, though not mentioned in these articles, are to be punished by courts-raartial, according to the nature and degree of the ofi'ence. SECTION II. . Article I. Whensoever a general court-martial shall be necessary in carap or garrison, and there is no general officer in command there, such court-raartial shall be called by the captain general, or in his absence the next officer in coraraand in the State : and no court-raartial shall be held in the State, except in camp or garrison, without orders frora the captain general : and in necessary cases, courts-raartial may be held in any part of the State, when and where the captain general shall direct. Art. II. Every general court-martial shall consist of thirteen raem bers, the senior in rank to be the president, who shall not be under the rank of a field officer. Art. III. AU courts-raartial, not general, shall be appointed, and the members named, by the colonel or commanding officer of the regiment pr detachment, to which the offender, who is to be tried, belongs. Art. IV. The sentence of any court-martial shaU not be put in exe- -cution, until the same be approved, and the execution ordered, by him who appointed the said court : and no sentence for a capital offence shall be put in execution without being first laid before the captain general for the time being, and by him approved of. LAWS PASSED, OCTOBER, I78O. 419 AhT. V. All members of a court-raartial shall behave with decency and calmness; and shaU begin with the youngest in rank to give their opinions. Art. VI. All regimental courts martial shall consist of five raerabers, unless in cases where not more than three can be had — all shall be com missioned officers. . Art. VII. No field officer shall be tried but by a general court-mar tial ; nor in those cases shall any meraber be below the degree of a cap tain. Art. VIII, No regimental court-martial shall sentence any prisoner to receive a greater punishraent than thirty-nine stripes for one offence. Art. IX. All offenders who are confined, shall have their trial as soon as the nature ofthe case, and the situation ofthe service, wUI admit; and the crime shall be given in writing before the relieving ofthe guard. Art. X. Every officer commanding the guard, when an offender is committed, shaU within twenty-four hours, report the prisoner, and the crime he is charged with, to the commanding officer of the post, that speedy justice raay be done. Art. XI. All sutlers, and others, who keep with the troops in service, shall be subject to these rules and regulations. Art. XII. Any officer who shall raake a false return, for the purpose of obtaining more pay, provisions or stores, than his just due, shall, on conviction thereof, be cashiered, and rendered incapable of holding any military commission thereafter in this State ; and shall also be holden to reimburse'any raoney, or other articles drawn by virtue of such false re turn. Art. XIH. All raembers sitting in courts-raartial, shall be sworn by the president : and the president shall hiraself be sworn by the next of ficer in rank, in said court. The oath to be taken previous to their pro ceeding to the trial of any offender, in the forra foUowing, viz : You swear, ihat you will well and truly try, and impartially de termine the cause of the prisoner now to be tried, according to the rules and regulations for the preserving order, good government, and disci pline, among the militia, and other forces of this State. So help you God. Art. XIV. All persons called to give evidence in any case before a court-martial, who shall refuse to give evidence, shall be punished for such refusal, at the discretion of such court-raartial. The oath to be ad ministered in the form following, viz : You swear, the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God. Art. XV. When this State's troops and railitia are called to do duty together, the officers in the State's service for any terra of time, shall cora raand the railitia officers of equal rank; but a militia officer shall take the command ofthose officers of inferior rank. 420 LAWS PASSED, OCTOBER, 178O. AN ACT to libel confiscated Estates. Whereas, raany persons, heretofore possessed of real and personal property in this State, have joined the open enemies of this and the Uni ted States, and, by tlieir treasonable conduct, have justly forfeited their estates to the good people of this State. To the intent, therefore, that the same may be legally condemned, and appropriated to the use ofthe people of this State, to enable them vigorously to prosecute the war a- gainst Great Britain, in conjunction with the United States ; Be it enacted, &c. that tbe county courts, within their respective counties, be, and they are hereby constituted courts to judge and deter mine of all forfeitures, that have or may accrue to this State, by reason of any treason, or raisprison of treason, against the same, and that in aU cases wherein persons have gone, or shall hereafter voluntarily go, frora . this, or any ofthe United States, and join the open enemy, or corarait any overt act of treason against this, or the United States, and shall flee and escape frora justice, so that they cannot be proceeded against in due forra of law ; that then, and in every such case, it shall be the duty of the sheriffs, select-raen, grand-jurors, and all inforraing officers, to make due presentraent of all real and personal estate of, or belonging to, any person or persons as aforesaiid, to the clerk of said court, in the respect ive county where the estate may be found ; which said clerk, by order of the judge of said court, shaU Ubel each and every article of said estate, in Westrainster Gazette, at least twenty-four days before the day ofthe court's shting; notifying the tirae and place of the court's sitting, and requiring all who have any claira or title to said estate, real or personal to bring in and defend the sarae against the State. And all tryals of for feiture shall be by jury ; any law, usage, or custom to the contrary not withstanding. . Provided nevertheless, that nothing, herein before contained, shall be construed to extend to any goods or estate heretofore condemned, and appropriated to the benefit of this State by the court of confiscation. And be it enacted, that it shall be the duty of the State's at torney, in the respective counties, to prosecute all tryals for forfeiture to final judgraent ; and certify all such estates, real or personal, against which judgraent shall be rendered to coraraissioners appointed by the General Asserably to sell the sarae. And be it enacted, that the court shaU have power to appoint auditors, to hear and examine the clairas of the debtors and creditors to or from such estates, as ha-ve been, or shaU be, adjudged forteited to the use of this State, as aforesaid ; and certify tbe balance due from such estates to any person or persons, to the court appointing said auditors ; and shall certify all dehts due to said estates, to the State's attorney, (taking his receipt for the same) who is hereby authorised to sue for the same. LAWS PASSED, OCTOBER, 178O. 421 AN ACT to revive the Laws passed by the Legislature of this State. Be it enacted, &c. that each and every act and law of this State, (ex cept those repealed by special act of Assembly) be and reraain in fidl force and virtue, until the rising of the Asserably in October next. LAWS PASSED AT WINDSOR, FEBRUARY SESSION, 1781. AN ACT directing County Elections. Whereas it is highly necessary, that county officers be appointed ac cording to Constitution, for the better exercising civil government in the respective counties within this State. Therefore, Be it enactedf &c. that the constables, in the several towns within this State, shall warn all the freemen in their respective towns, to meet at the usual place of holding town-meetings, in their respective towns, onthe last Tuesday of March next, at nine of the clock in the raorning ; said warning to be given, at least, six days before the day appointed for said meeting ; and the constables shall also warn all the inhabitants in their respective towns, to attend said meeting, in order to qualify themselves for voting in said meeting ; and being so met, the freemen shall proceed in the following manner, viz : Istly. To choose a raoderator to govern said meeting. 2dly. The freemen shall give in their ballot for hira whora they would ha-Ve for their chief judge, for the county court, in the county they re spectively belong to, with his name fairly written ; which votes shall be sealed up by the raoderator of said meeting in the presence ofthe freemen ; in the like raanner the freeraen shall proceed to give in their votes, for four assistant judges ; which votes shall be sorted and counted by the raoderator and town-clerk in the presence ofthe freeraen, and a list there of taken in the same raanner as set forth in the act for the choice of coun cillors. 3dly. The freeraen shall give in their votes for hira whora they would choose for the sheriff of the county to which they belong ; which votes shall be sealed up as above mentioned. Atlily. The freemen shall give in their votes for one judge of probates for each probate district in the county to which they belong ; the votes to be sealed up as above. Sthly. That tbe freemen shall give in their votes for two justices ofthe peace in each town wherein is one hundred taxable inhabitants ; and in like manner for one justice ofthe peace, in each other town in said coun ty, wherein are twenty taxable inhabitants ; which votes shall be sorted, counted and sealed up as above directed ; then the moderator shall write 422 LAWS PASSED, FEBRUARY, 1781. on the outside of the paper wherein the votes are for the chief judge, fhe narae ofthe town wherein the said votes are taken, and then add these words, — Votes for the chief judge ; and in like raanner for the assistant judges, sheriff, judges of probates, justices ofthe peace, with the name of the town and probate district for which such officer is intended. 6thly. The freemen shaU make choice of sorae raeet person to take charge of said votes, who shall be sworn to the faithful discharge of his duty : and the persons so chosen in jthe county of Bennington, shaU iBeet on the first Tuesday of April next, at the house of Mr. Thoraas Butter- field, inn-holder in Arlington ; — in the county of Rutland, at the house of' Mr. Soloraon Bingham, inn-holder in Tinmouth ;- - in the county of W ind- hara, at the house of Mr. Moses Johnson, inn-holder in Putney ; — in the county of Windsor, at the raeeting-house in Windsor ;— in the county of Orange, at Mr. Stephen M'Carael's, in Moretown : and being so raet, shall proceed', 1st. To choose a raoderator to govern said raeeting. 2dly. To choose a clerk, to record the doings of said meeting. Then proceed to sort and count the votes for the chief judge of the county court ; and the person found to be highest in nomination, shall be declared chosen : and in like raanner proceed to sort and count the votes for all the above mentioned officers, and raake declaration as aforesaid. And w^henever it shall so happen, that there is no choice, by reason of a tie, the members of said meeting sihall deterraine the choice ; and it shaU be the duty ofthe clerk of said raeeting, to make return, as soon as raay be, ofthe names of the officers so chosen, to his Excellency the Governor, that they may be coraraissioned according to Constitution. And whereas, in the towns of Redding, Cavendish, Andover, Rye- gate, Bethel, Randolph, and Stanferd, there is the highest probability of there being the number required for ajustice ofthepeace, in a very short tirae : M- Be it therefore enacted, that there be ajustice ofthe peace chosen for the towns of Redding, Cavendish, Andover, Rye-gate, Bethel, Randolph, and Stanford, in the raanner before directed. AN ACT to settle and establish all Highways that are laid out within this State. Whereas a great pEtrt ofthe highways within this State have been laid out by the select-raen or coraraittees appointed for that purpose, and bills by thera have been laid before their respective towns and accepted by them and recorded in the town clerk's office, which bills did not describe the points of compass ; and whereas contentions and animosities have and likely wUl arise in sorae towns witbin this State respecting tbe legality gf such surveys : which to prevent. Be it enacted, &c. that all highways that have been laid out within any ofthe towns in this State, either by the select-raen, or by a committee ap pointed for that purpose, who have returned a bill setting forth where sach highway began, and the general course of such highway by such LAWS PASSED, FEBRUARY, 1781.' 423 and such monuments, and through such and such lands which are well known by the inhabitants in the town ; and accepted by the .town, and put upon record in the town clerk's office ; which highway hatii been cleared out and repaired by the town, and improved as a public highway for the space of six months, — shall he deemed a lawful highway ; and whatever person or persons shall fence up, or put any nuisance in such highway without liberty first obtained from the select-raen, shall forfeit and pay a fine of fifteen shillings, with all daraages occasioned by such nuisance, to be recovered before an assistant or justice of the peace, by bill, plaint or inforraation. Always provided, that the daraage be paid to such person or persons through whose land such highways are laid, where no allowance for highways is raade ;" or where such highways are laid through undivided lands, there shaU be no daraages allowed. And be it further enacted, that no highway that shall be laid out for the future, shall be lawful, unless surveyed by the corapass : and further, that all roads heretofore laid out that are not surveyed by the corapass -within two years frora the passing this act, shaU not be deeraed lawful. AN ACT in alteration of an Act, intitled. An Act concemi'ng Delin quents. Be it enacted, &c. that whenever any person shall be prosecuted on the coraplaint of any inforraing officer, for any crime coraraitted against this State, and such complaint shall not be supported, the deUnquent shall pay cost of prosecution, unless it shall appear to the court before whom the trial shaU be had, that there was not sufficient cause for such prosecu tion, or that the sarae was hjid through mistake ; and in such case the cost shall be paid as in said act is provided. AN ACT for the preventing multiplicity of Law-Suits. Whereas it would prevent a multitude of law-suits, to make one debt, or sum of money due on contract, answer and cancel the lUie sum due in like manner from the adverse party. Therefore, Be it enacted, &c. that if any two or more shall be indebted, or shall owe each to the other, any sum or sums of money, by contract, and one of them comraence an action against the other, it shall be lawful for such defendant to plead payraent of all, or any part ofthe sura or debt de manded, giving notice in writing with the said plea, of what he will in sist upon at the trial, for his discharge ; and the plaintiff, in his reply, if he raake any, may give notice in writing, of any other sum or suras of money, which the defendant owed him at the tirae when he commenced his action, which wSs not raentioned in the declaration : and at the trial, either party raay give any legal contract, or other raatter so given notice of, in evidence. And if it shaU appear that the defendant halh fully paid or satisfied the sum or suras due to the plaintiff, the court or jury who try 424 LAWS PASSED, FEBRUARY, 178I. the issue, shaU find for the defendant, and the plaintiff shall pay the cost. But if it appears part only is paid, the plaintiff shall have judgment for what appears unpaid, and the defendant shall pay tbe cost. But if it ap pears the plaintiff is overpaid, then the defendant shall have judgment for the overplus, and the plaintiff shall pay the cost ; execution to issue ac cordingly ; any law, usage, or custom to the contrary notwithstanding. AN ACT for quieting disputes concerning landed Property. Whereas, it is found that two or raore charters have been made, in sorae instances, to different proprietors, of the same tract of land, hy one and the same authority ; and it is in dispute which of said charters ought to hold the fee of said lands. For the better determining of such disputes. Be it enacted, &c. that the Governor, Council, and House of Rep* resentatives, shall sit as a court, to hear and finally to determine all disputes between proprietors holding under different charters, raade out by one and the sarae authority : and the raanner of process in such case shjll be, that the plaintiff or plaintiffs shaU bring his or their writ of right, settine forth the whole matter, against the defendant or defendants, di rected to the sheriff ofthe county, in which said land lies, or his deputy, to be served on the defendant or defendants, at least, sixty days before the sitting of said Asserably. And the raanner of service shall be by reading the same in the hearing of one or more ofthe proprietors who are to be defendants in the case, or leave a true and attested copy at his. or their usual place of abode, within the aforesaid time : which writ shall be returned to the clerk of said Assembly, on or before the first dayof the sessions ; and the said proprietor or proprietors on whora such writ shall be served as aforesaid, shall iramediately call a raeeting of tbe pro prietors of the charter under which he or they hold ; and he or they are hereby erapowered to call a meeting, as aforesaid, that they may be in preparation to make their defence. And the plaintiff or plaintiffs shall pay for the entry and trial of said action twenty shUlings, and cost shall follow the final determination of fhe suit. LAWS PASSED AT WINDSOR, APRIL SESSION, 1781. AN ACT for the purpose of emitting a sum of Money, and directing the redemption of the same. Whereas, it is found necessary, fbr the purpose of carrying on the war, and the payment of the public debts of this State. »« w.>u m <"^- — LAWS PASSED, APRIL, 178I. 425 ing the quantity of circulating medium, to emit a sum adequate to the several necessary purposes, in biUs on the credit of this State. Therefore, Be it enacted, &c. that there be forthwith printed, under the inspec tion of Matthew" Lyon, Edward Harris, and Ezra Styles, Esquires, a committee for that purpose, bills to the araount of twenty-five thousand, one hundred and fifty-five pounds lawful raoney, for the payraent of this State's debts, and other public purposes ; which bills shall be an equal nuraber of three pounds, forty shillings, twenty shillings, ten shillings, five shillings, two shillings and six-penny, one shilling and three-penny, and one shilling bills : which committee shaU be sworn to the faithful discharge of their office, and are irapowered to raake a device and forra for said bills. And be it further enacted, that said bills, when so printed, shaU be, by the aforesaid coraraittee, delivered to the Honorable John Fasset, Eb- fenezer Walbridge, and Thoraas Porter, Esquires, a coraraittee for sign ing and nurabering said bills : which last said coraraittee shaU be sworn to the faithful discharge of their duty, and shall receipt said bills to ths aforesaid committee, and shall sign and number said bUls, and deliver thera to the treasurer, taking his receipt for the aforesaid sura in biUs, of twenty-five thousand, one hundred and fifty-five pounds : which bUls shall be a lawful tendry for payraent on all contracts, executions, &c. as lawful money, according to the face of the bill. And said bills shall be paid up and redeeraed by the treasurer of this State, by the first day of June, 1782, in sUver, at the rate of six shillings for one Spanish raUled dollar, or gold equivalent. And for the redemption of a part of said bills, it is liereby enacted, that there be, and there is hereby granted a tax of one shilling and three pence, lawful money, on the pound, on the litt of the polls and rateable estates of the inhabitants of this State, to be taken in June next : which tax the first constable of each respective town is hereby irapowered to collect, (on receiving a warrant frora the treasurer therefor, and the rate- bill frora the select-raen of such town ; which select-raen are hereby di rected to deliver to such constable, as soon as the list is by law to be cora plete,) by the first day of Noveraher next ; and shall be accountable to the treasurer of this State for such tax : which constable shall be allowed the same fees for collecting such tax as is by law allowed for levying and -serving executions, in case he have to levy on the goods and chattels of any person for payraent of his tax, which he is irapowered to do, in case any person neglect paying their tax within twenty days after a proper warning ; and shall be allowed one pound out of each eighty pounds he collects and pays to the treasurer : — which tax shall be paid, in silver or gold, or in the aforesaid bills. And whereas the land is the great object of the present war, and receives the most solid protection of any estate ; a very large part of which has hitherto paid no part of the great cost arisen in defending it, whilst the blood and treasure of the inhabitants of the State has been spent to protect it, who, many of them, owned but --.... £ s. d. 0 15 0 0 0 4 0 7 0 0 0 4 0 6 0 0 10 0 0 10 0 0 0 4 478 LAWS PASSED, OCTOBER, 178S. Supreme Court's Fees. Chief judge, while on tiie circuits, per day, - 0 18 0 Assistant judge, while on the circuits, per day, 0 15 0 To the jury for each action tripd, - - - 14 0 And there shaU be paid into the clerk's hands for the benefit of the j udges attending, for each action tried, 0 15 0 And for each default or confession, - - - 0 6 0 Clerk of Supreme Court's Fees. For each days attendance on the court, whUe on the circuits, - - - - - 0 10 0 Entering each action for trial, - - - 0 2 0 Entering each judgment by default or confession, 0 2 6 Recording each judgment on deraurrer and after verdict, -_- - - -046 Taking each recognizance in court, - - 0 10 Filing each recognizance, testiraony, and other ne cessary ,papers, - ----006 Every rule of Court, - - - - - 009 Every execution, ... . . . 016 Copies of each paper, so much as shaU be taxed by the court, according to the length. For other services, not herein particularly mentioned, such sura as shall be allowed by the court. County Court's Fees. Chief judge, while sitting, per day. Assistant judges each, per day. Travel per mile, out, .... To the jury, for each action tried. And there shall be paid to the clerk, for the benefit of the county treasury, for each action tried. For each default or confession. And for licence to each tavern-keeper, (whereof to the clerk two shiUings,) - - - 0 6 0 Clerk of County Cdurt's Fees. Entering each action, ... Entering each judgraent by default or confession. Recording each judgraent on demurrer and after verdict, ..... Filing each recognizance, testimony, and other ne cessary paper, - - . - Taking each recognizance in court. Entering the comraon rule in ejeclraent, Every other rule or order of court. Every execution, .... Copies of each paper, such sura as shall be allowed by the court, according to the length. 0 12 0 0 9 0 0 0 4 0 18 0 0 10 0 0 4 0 0 1 0 0 1 6 0 3 0 0 0 4 0 1 0 0 1 6 0 0 6 0 1 6 LAWS PASSED, OCTOBER, 1783. 479 For attachments, sumraones, and other services prop er to him, as in the justices' fees. For other services, not herein particularly enumera ted, such sura as shall be allowed by the court. Justice's Fees. For drawing a writ on a note not negotiated, 0 Other writs in proportion to their length and difficulty. Signing attachments or suraraonses, each. When bond is given, ... Subpoena, for each witness, ... For judgment, in each action tried. If on the verdict of a jury. Every execution, - - Each continuance, - j - Every warrant for criraineds, . - - Every appeal and recognizance. Copy of each evidence, ... Copy of judgment, .... Recognizance, .... Each venire for a jury, ... Judgment on confession or default. Affidavits taken out of court, - . . Taking the acknowledgment of a deed, &c. Judge of Probate's Fees. For granting administration, ... If the inventory exceed rfSO, ... Receiving and proving each will, where the inven tory does not exceed .£50; - - -. If the inventory exceeds .£50, Allowing of accounts, settling and dividing intestate estates, ..... Every necessary order or rule, Appointraent of persons to inventory and appraise an estate, ..... Appointing coraraittee to set off a widow's dower, Appointing guardians, ... Clerk of Court of Probate's Fees. For drawing and filing adrainistration bond. Each letter of adrainistration. Drawing probate of a wUl, where the inventory does not exceed £50, .... Where it does exceed £50, ^ . . Recording or copying a will, inventory, or other ne cessary paper, for each hundred words. Every citation, .... Every quietus or acquittance, - 1 0 0 0 6 0 0 9 0 0 4 0 2 6 0 5 0 0 1 6 0 1 0 0 1 0 0 2 0 0 0 6 0 0 8 0 1 0 0 1 0 0 1 0 0 1 0 0 0 7 0 2 0 0 3 0 0 2 0 0 3 0 0 5 0 0 1 0 0 1 6 0 1 6 0 2 0 0 2 0 0 1 6 0 2 0 0 2 6 0 0 5 0 0 9 0 2- G 0 2 0 0 1 0 0 1 6 0 0 6 0 2 0 0 0 8 0 1 0 0 0 5 0 1 0 480 LAWS PASSED, OCTOBER, ifSS- Making out a commission to receive and examine the claims of creditors to insolvent estates, Registeringthe sarae, - _ - Entering an order upon the adndinistrator to pay out the estate, in proportion, unto the several creditors returned by the commissioner^. Entering every other necessary order or rule, Drawing and filing every guardian bond. For every other necessary service^not herein partic ularly raentioned, such sura as shaU be aUowed by the judge. , Secretary of State's Fees. For recording laws in the State records, for every hundred words, - - , - - 0 0 For receiving and filing each petition of a private nature, ..... For receiving and filing each petition for land. For copies of laws, petitions, &c., for each hundred words, ..... For each citation between party and party. And there shall be paid to the Secretary, for the use of the treasury, on the filing of each petition be- ¦ tween party and party, to be determined by the Asserahly, - - - - 1 0 0 For drawing, attesting and registering each charter of incorporation, .... For attending the General Assembly, for each day. Travel, per mile, out, ... Secretary of the Council's Fees. For each miUtary commission, he finding blanks. Each coraraission for judges of the suprerae court, Each coraraission for the justices of a county. For each commission for judges of county and pro bate courts, .... Every order oi Council for the benefit of particular persons, ..... Affixing the State seal, each time. Attending Council, per day, . . * Travel, per mUe, out. Town Clerk's Fees. For recording a deed, ... For the copy of a deed. Recording a survey biU, - - - Recording a marriage, buth or death. Recording each mark, . - . 1 0 0 0 10 0 0 0 4 0 1 6 0 3 0 0 4. 6 0 2 0 0 1 0 0 1 6 0 7 0 0 0 4 0 1 2 0 1 2 0 0 6 0 0 3 0 0 6 0 10 0 0 3 0 0 12 0 0 4 0 0 12 0 0 1 0 tAWS iJASSED, OCTOBER, 1783. 481 Attorney's Fees. Ift taxing bills of cost, the party recovering to be al lowed for attorney's fees, at county courts, in liti gated suits, - - . , In cases not litigated, - . . , In the supreme court, in Utigated suits. In cases not litigated. In the Assembly, For drawing a writ on a aote of hand, not negotiated, 0 For other writs such sum, as shall be allowed by the court, in proportion to their length and difficulty. To the State's attorney, for prosecuting each crirai nal action to effect, such sura as shall be allowed by the court, not exceeding - - - 1 10 0 Post Wages. For raan, horse, and expenses, each raile out, if not across the green mountain, - - - 0 0 4 If across the green mountain, - , - 0 0 6 Sheriff's, Constable's, Plai'ntiff's, Defendants, Witnesses and Juror's Fees. Ser-ving every process, on each defendant, by reading, 0 0 4 If by copy, - - - - -Olp BaU bond, (if taken.) - - - 0 1 0 For levying each execution, to be one shiUing for one pound, or under, and three pence on the pound, for every pound above. For each days attendance upon the appraisement or sale of estate taken in execution, - 0 2 0 For attending on a justice's court, when obliged to attend, for each action tried. Each mile's actual travel, ... Sheriffs attending the General Assembly, supreme or county courts, per day, ... Constable for the hke service, per day. Fees for plaintiff or defendant attending any court, per day, ..... Witnesses for attending any court, per day. For attending a justice's court half a day. Travel for plaintiff, defendant, or evidence, in any court, per mUe, - - - - 0 0 3 Plaintiff or defendant living out of the State, for cross ing the line of the State, - - - 0 6 0 Fees for freeholders sumraoned to assess the daraages sustained in laying out highways, shaU be for each freeholder per day, - - - - 0 3 0 The sheriff attending on such freeholders, per day, 0 4 0 N 3 0 2 0 0 0 4 0 6 0 0 4 6 0 2 0 0 3 0 0 2 0 0 0 6 0 0 6 0 2 0 0 2 0 0 5 0 482 LAWS PASSED, OCTOBEll, 1789. Jury for a justice's court, fot- each action tried, (in civil causes tb be advanced by the party praying jury, before the issuing a venire,) - <¦ 0 9 0 Brander and Recorder of Horses Fees. For branding and recording every horse kind, For each copy of record, - - - Goaler's Fees. For coraraitmetlt of a prisoner, ' - For discharge of a prisoner, - - - For dieting a prisoner, per week. County Surveyor's Fees. For hiraself and horse, per day, beside expenses, 0 6 0 Sheriff's and Cotisiable's assistant's Fees. For each man that attends the sheriff or constable, pier day, - - - - -046 Grand Juror's Fees. For each days attendance at the supreme or county court, for each grand juror, - - 0 4 6 And four pence per mile travel frora their respective dWelling-houses to the court^ - - 0 0 4 Fees for Agents to Congress. For each days service, (exclusive of expenses) find- jng their own horses, - - . 0 10 0 Fees for Auditors of Accounts and Committee for Re vising the Laws. For each days service, (they bearing their own ex penses,) -0 10 0 Each raiie's travel, . - ..004 Collector's Fees. Collectors of taxes to be allowed the like fees as sheriffs in cases of execution. Cohimittee of Pay-table-, per day, - - 0 7 0 Travel, per raile, out, - - - 0 0 4 AN ACT further to continue the Laws passed by the Legislature bf this State. Beit enacted, &c. that each and dvery law and statute tof this State (except tbose statutes, and parts of statutes, which have been repealed by LAWS PASSED, FEBRUARY, 1784. 48S special act of Asserably, or are expired by their own express liraitation,) shall be and reraain i„ fuU force and virtue, until the rising of the Gen^ rai Assembly, in October next. LAWS PASSED AT BENNINGTON, FEBRUARY SESSION, 1784. AN ACT against high Treason and misprison of Treason. Be it enacted, &c. that if any person or persons belonging to, or resi ding within, this State, and under the protection of its laws, shall levy war against this State, or the governraent thereof; or knowingly and vyil- lingly shall aid or assist any eneraies at open war against this State, by joining their aimies, or by inlisting, or procuring others to inlist into such arraies ; or by fui-nishing^such eneraies with arras, araraunition, provis ions, or other articles for their aid and corafort, or by carrying on a treacherous correspondence with them; or shall forra, or he any way concerned in forming, any combination, plot, or conspiracy, for the be traying this State into the hands or possession of any enemy, s,tate or power ; or -shall give, or atterapt to give, or send, any intelligence to any state or power for that purpose ; or shall conspire or atterapt ,any inva sion, insurrection, or public rebellion, against this State: every person so offending, and being thereof convicted before the suprerae court, shall suffer death ; and all his or their estate or estaj:es, real and personal, shall be forfeited and sold to and for the use of this State. And be ii further enacted, that if any person or persons, helqnging to, or residing within, this State, and under the protection, of its laws, shall endeavor to join the eneraies of this State, or use their influence to persuade or induce any person or persons to join, aid, .comfort, or assist thera in any way or raanner whatsoever ; or shall have knowledge ofany person or persons endeavoring or using their influence as aforesaid, or shall have knowledge of any person or persons secretly conspiring or attempting any invasion, insurrection, or public rebellion against tiiis State, or forraing any secret corabination, plot, or conspiracy, for betray ing this ' State into the hands of any other power, and sh^^U conceal the same ; such person or persons, being duly convicted thereof before the supreme court of this State, shall be punished by fine, according to tiie nature and aggravation ofthe offence, and shaU be iraprisoned at the. dis cretion of the said court, not .exceeding ten years. 484 LAWS PASSED, FEBRUARY, 1754. AN ACT for regulating of Marriages, and for preventing and punish- - ing Incest, and incestuous Marriages. Forasrauch, as the ordinance of raarriage is honorable in all ; and it being proper that the solemnization of it should be in such a decent and orderly manner as will best contribute to the happiness of farailies, and peace of society : Therefore, Be it enacted, &c. that no person shall be joined in marriage before the intention of the parties has been published by the rainister or town clerk, in sorae public raeeting or raeetings -for religious purposes, in the town, society, or parish, where the parties do ordinarily reside ; or such purpose or intention be posted, in fair writing, at some pubhc place in each of the towns, there to stand so that it raay be read, at least eight days before such marriage. That no persons whatsoever in this State, other than counciUors, judges of the county courts, or justices of the peace within their respec tive counties, or ordained ministers of the gospel within the town and society wherein they respectively dwell, and while they continue in the exercise of the rainistry, shall solemnize any raarriage. Nor shall any of the persons before mentioned presurae to marry any man and woraan, before he is certified that such intention of the parties has been published as aforesaid, or before such raagistrate or rainister is certified of the consent of fhe parents or guardians (if any there be) of such parties, on pain of forfeiting for every offence, the sura of twenty pounds ; one raoiety to him or them who shall complain of and prose cute the sarae to effect, and the other moiety to the treasury ofthe county where the offence shall be committed. And if any person or persons shall presurae fo deface or pull down any such publishraent, set up in writing as aforesaid, before the expiration of eight days after the time of its being set up ; every such person or per sons shall be fined the sura of forty shillings, or be set in the stocks one whole hour. And every person, herein before erapowered to join persons in raatri- mony, shall keep a fair register of each raarriage by thera respectively soleranized, which raay be given in evidence in any court of record in this State. Be it further enacted, that no raan shall marry any woraan whhin the^ degrees of kindred herein after named, that is to say ;-.-no raan shall marry bis grand-father's wife, wife's grand-raother, father's sister, moth er's sister, father's brother's wife, mother's brother's wife, wife's father's sister, wife's mother's sister, father's wife, wife's mother, daughter, wife's daughter, son's wife, sister, brother's wife, wife's sister, son's daughter, daughter's daughter, son's son's wife, daughter's son's wile, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daugh ter, brother's son's wife, sister's son's wife. . And if any man shall hereafter raeirry any woraan, who is within the degrees before raentioned in this act, every such marriage shall be, and is hereby declared to be, null and void. And all children which shall here after be born of such incestuous marriage, shall be for ever disabled to LAWS PASSED, FEBRUARY, 1784- 485 inherit by descent, or by being generally naraed in any deed or will, by father or mother. That every man and woman who shaU marry, or carnally -know each other, being within any of the degrees before mentioned in this act, or being so married shall continue to dwell in the same house at any tirae after the space of forty days after the publication hereof, and be convicted thereof before the supreme court ; such persons shall suffer the like pun ishment as is directed to be inflicted in case of adultery, except that in stead of the letter A to be worn by an adulterer^ the capital letter I shaU be worn by such incestuous person. AN ACT in addition to, and alteration of, " An Act regulating civil Actions." Whereas, according to said act, people living out of this State may sue persons living in this State, in any ,part of this State ; and people living in this State, may sue their neighbors before a justice ofthe peace to the extreme part of the county in which they live : Which mischief to prevent. Be it enacted, &c. that no action shall be coraraenced, by any person living out of this State, before any superior or county court, except in the county where the defendant lives ; and before any justice of peace, except in the county where the defendant lives ; and before any justice of peace, except in the town where the defendant dwells, if there be a justice of the eace in such town, and no legal objection against him : and where there be no justice ofthe peace, or any legal objection against hira, theu the action raay be tried by tbe justice in one ofthe adjoining towns. And be it further enacted, that no other action shall be raaintained by any person before a justice of the peace, except in the town where the plaintiff or defendant dwells. Be it further enacted, that this act be not considered to effect any ac tions coraraenced or writs issued before the passing this act. . AN ACT concerning Sureties and Siiire Facias's. Be it enacted, &c. that whenever any person or persons, not being freeholders in this State, shall apply to any person having authority to is sue writs, for any process whatsoever, to bring or suraraon any person or persons, to answer before any court in this State, there shall be a suffi cient security given to the defendant or defendants, by way of recogni zance, to the satisfaction of the authority signing such process, before the signing thereof, that the plaintiff or plaintiffs, shall prosecute his, her, or their, writ to effect, and shall answer all daraages ifa judgment shall be rendered against him, her, or thera. A rainute of which recognizance, with the narae of the surety or sureties, and the sura in which they are 486 LAWS PASSED, FEBRUARY, 178^. bound, shall be made upon the said writ at the time ofthe signing thereof: and if any writ be otherwise issued, the sarae shall abate. Be ii further enacted, that no special warrant, to apprehend the body of any person, shall be granted hy any magistrate, before the person praying out such warrant has given sufficient surety or sureties, to the acceptance of such raagistrate, by way of recognizance, to the person coraplained of, that such person requesting the warrant will prosecute his coraplaint to effect, and answer all daraages if he does not support it ; a minute of which recognizance shall be raade as is herein before directed in civil causes : and if any warrant shall otherwise issue, the prisoner shall be discharged frora the same, and recover his costs against the cora plainer. Provided, that an inforraing officer shall not be obliged to give such surety in the prosecution of criminals or delinquents. Be it further enacted, that bail may be taken by any person serving an attachment, causing the surety or sureties to endorse his or their names or raarks on the precepts"; by virtue whereof the surety or sureties shaU be holden to satisfy the judgment, in case the return of non est inventus be legally raade on the execution, unless just cause shall be shewn to the contrary at the return of a writ of scire facias, to be issued against such surety or sureties, by the creditor or creditors, within one year frora the time of rendering the original judgment, or unless the surety or sureties shall render the body of the principal into court before entering the judg ment upon the scire facias, (an officer beuig present) shaU pay the costs upon the scire facias, and move to be discharged ; in which case the court shall direct an officer to receive the principal into custody, that his body may be taken in execution : and it shall be lawful for such officer to detain the principal so long as the court shall direct, not exceeding " twenty days from the rising ofthe court. And in case a writ of scire facias against the bail, issued within one year from the tirae of rendering the original judgraent, shaU be returned scire feci, and no just cause shewn to the contrary, or the principal ren dered as aforesaid, judgment shall be given for the original debt or dam ages, and costs, with the additional costs of suit, and execution shall issue accordingly : and that no suit sball be prosecuted against any officer, or other person, taking bail in raanner aforesaid, where the bail shall be sufficient. And every surety, of whom such recovery is had, or who shall other wise sustain damages by being bail, shall have right to recover all such daraages as he shall so sustain against the principal. Provided, that nothing herein contained shall be construed to prevent the baU from delivering the principal into court, before or during the term in which the original judgment shaU be entered, in discharge of himor themselves. And be it further enacted, that when any officer, or other person serv ing an attachment or replevin, shall take insufficient bail in the action, he shall be liable to answer all damages to the creditor or creditors, his or their executors, administrators, or assigns ; who may recover the sarae against' the person taking such insufficient bail, his heirs, executors, or ad- LAWS PASSED, FEBRUARY, 1784- 487 ministrators, in a special action on the case, to be brought for that pur pose. And be ii further enacted, that when any justice of the peace shall have rendered judgraent in any cause, on confession or otherwise, and before execution shall be granted thereon, shall' die, or be otherwise re moved, the party recovering such judgraent, shaU have right to a scire facias, returnable at the county court of the county in which such judg ment was had, against the defendant or defendants ; and upon producing to the said County court the record ofthe said judgraent, or a copy attest ed by the justice so reraoved, shall recover a judgraent for such sura as shall appear to be unpaid, and for aU additional costs ; and execution shall issue accordingly. AN ACT directing the forra of passing Laws. Be it enacted, &c. that when the Governor and Council shaU lay any bill before the General Asserably, and the same shall be passed by the Asserably without amendraent, the Council shall be inforraed thereof by a written raessage ; and the sarae shall be considered and recorded as a law of this State. That when a bill shall originate in, and be agreed to by, the Assem bly, it shall be sent to the Governor and Council for their perusal and proposals of araendment ; and if no araendraent shall be by them pro posed within three days, or before the adjournraent or rising of the Le gislature, the said bUl shall be returned to the Assembly, and passed into and recorded as a law. And if amendments shall be proposed to any bill, and the Asserably concur therein, the CouncU shall be informed thereof by a vijritten message ; and the said bill shall then be a law. But if all or a part of the proposed amendments shall not be concurred in by th#5\.sserably (the reasons for which araendraents shall be given verbally, or ih Writing) the bill shall be returned to the Council, and the reasons of such non-concurrence be given, either verbally or in writing, that the Council raay, if they shall think proper, proceed further thereon. And if the Council shall not, within three days, or before the rising of the Le gislature, propose further amendments which shall be agreed to by the Asserably, the said bUl shall be returned to the Asserably, and considered and recorded as a law. And be it further enacted, that if it shall so happen that the CouncU and Assembly cannot separately agree upon a bill, when araendraents shall be so proposed as aforesaid, they shaff raeet in grand committee, in order that the wisdom of both Houses may be properly obtained ; after the dissolution of which committee, the Assembly shaU take thera into consideration, and proceed as is above raentioned. Andbe it further enacted, that all bills reraaining with the Council at the rising or adjournment ofthe Legislature, at every sitting thereof, shall by .the Council be delivered ito the Secretary of the State. 488 LAWS PASSED, FEBRUARY, 1784. AN ACT allowing the scales of depreciation in other States, for the set* tleraent of debts contracted in those States. Whereas, divers obligations, for contmental money, are brought from different parts of the United States of Araerica, into this State for pay ment ; and as the settling such obligations, according to the scale of de preciation established by this State, appears to be very injurious to the debtor. For remedy whereof, Be it enacted, &c. that when, and so often as any obligation for conti nental money shall be brought frora any of the United States of America into this State, for settlement, the several courts before whom suits for such obligations raay be depending, shall render judgraent on such obli gations, according to the scale of depreciation ofthe State in which such contract was made. AN ACT to supend the trial of the Thles of Lands for the time therein liraited. Whereas, at the tirae of the first settlement of the inhabitants of this State, there was a diversity of titles held up to view, and many of the good people of this State have purchased titles which were viewed by thera to be good at the tirae of purchase, and they have settled on the lands under such titles, and made large iraproveraents, which, if the strict rules of law are attended to, others who have neglected the settlement of the said lands will enjoy the fruits of their labors. And whereas, the Le gislature are determined, as soon as can be consistent with the constitu tion, to make such regulations as will do equal justice to the settlers and the clain»ers. Therefore, Be it enacted, &c. that the trial of all titles of land within this State be, and is hereby suspended untU the rising of the Assembly, in October next ; except where two persons or parties claim lands under different charters from the same authority. AN ACT to set aside and render null and void in law a certain order therein raentioned. Whereas, WiUiara Parker of Shaftsbury, in the county of Bennington, on the ninth day of Septeraber, 1779, before the honorable Moses Roh« inson, Esq., one of the assistants, pursuant to the appraisement of John Warner, Joseph Safford and Nathaniel Spencer, freeholders, suramoned and sworn to appraise a certain damage complained of by said Parker, against the select-raen of the town of Shaftsbury, in laying a road or high way through said Parker's farm, recovered by the order of said assiistant and freeholders against said select-men, the sum of three hundred and sixty-seven pounds ten shillings, continental currency, and cost. And whereas, by attentive evidence, it appears an allowance for highway, in LAWS PASSED, FEBRUARY, 1784. 489 the laying out and original survey of said Parker's farm -was aUowed ; which makes it unjust said order or deterraination of said assistant and freeholders should be of any force or validity in law. Therefore, Be it enacted, &c. that the order and determination of Moses Robin son, Esq., assistant, made on the ninth day of Septeraber, 1779, between William Parker and the select-men of the town of Shaftsbury, and the appraisment ofthe freeholders respecting the preraises, as above related, be and hereby is declared to be null and void in law, and incapable of being given in evidence in any court of law or equity within this State, to support any action thereon ; any law, usage or custora to the contrary notwithstanding. And be it further enacted, that the said William Parker shall have liberty to proceed in like raanner for recovery of any daraages he raay have sustained by laying said highway through his farra, as he raight have done before the raaking of the said order ; and that all the costs which have arisen in raaking the aforesaid order and the judgraent thereon rendered, and also the costs which have accrued in the county court in an action commenced upon the said order or judgment, shall be be determined by the event of the suit or proceedings to be hereafter had. AN ACT to stay an execution, and grant a sum of money for the pur pose of paying and satisfying the said execution. Be it enacted, &c. that the execution issued at the suit of Jonas Clark, of Boston, by the supreme court of this State, against Leonard Spaulding and Timothy Underwood, be and hereby is stayed for the term of three months frora the tirae of the passing of this act ; and if the said execu tion be already levied on the goods, chattels, lands, body or bodies, of the said Leonard or Tiraothy, and be now in tbe hands of the officers or any other person or persons whatsoever, such officer, person or persons, are hereby required and coraraanded iraraediately, on being made ac- quainted with this act, to deliver the sarae to hira or them who were the proper owners, and the body or bodies of hira or them to release. And be it further enacted, that the treasurer of this State be, and he hereby is directed to pay as soon as raay be, for the purpose of paying and satisfying the aforesaid execution, the sura of forty pounds, eleven shUlings and four pence. Provided, the aforesaid Spaulding and Underwood (pre vious to taking benefit of this act) becorae bound with sufficient sureties io the State's attorney in the county of Windhara, to be accountable for the avails ofthe farra which occasioned the aforesaid suit, and satisfy the sheriff or officer for the cost that was already accrued on said execution. AN ACT for establishing Post-Offices whhin this State. Whereas, the business of promulgating the laws, conveying timely no tice to the freemen ofthe State, of all proprietary proceedings, and other 490 LAWS PASSED, FEBRUARY, 1784. matters of importance to the public, can, in no other'way, be effected so extensively and attended with so smaU expense, as by the appointnurat of regular posts for the purpose of conveying the same to the parts of this State. Re it enacted, &c. that there be five post-offices established within this State; one in Bennington, one in Rutland, one in Brattieborough, one in Windsor, and one in Newbury, under such regulations as are es tablished for the eovernment of the post-offices in the United States. That the post-rider from Bennington to Brattieborough be allowed three pence per mile, travel, and those on each of the other routs, two pence per mile : and that the post-masters be directed to keep a regular account of all profits and em >luments arising outof this measure, and exhibit the s irae to his ExceUency the Governor, and the Honorable Council of • this Stute whrn requested. Ani b" it further enarted, that, until the further order of tbis Legis lature, the post-riders from the several offices shall be entitled to an ex clusive right of carriage, and enjoy the advant^ige ofthe fees arising from the carri-.ige of letters and packets o'f every kind ; and that the rate of postage be the sarae as in the United St'-ites. And be it further enarted, that no person presume to ride on either of the routs of such estabUshed posts,for the purpose of carry ing lettf rs, pack ets or other matters, particularly within the province of such estabUshed posts to carry, on penalty of paying the sura of £l0 to and for the use of any post-raaster who shall prosecute the same to effect, for every such of fence. And be it further enacted, that his Excellency the Governor and suck other persons as the Legislature shall, in future, authorise, shall have au thority, to frank any letters or packets ; for which letters or packets nci postage shall be demanded. AN ACT to enable the Governor and Council to pardon certain per sons therein described. Whereas, certain persons in the county of Windham have traiterously taken up arras against, and otherwise opposed, the authority of this State; and it being suggested that raany of such persons are penitent and desi rous of returning to their duty, and that, probably, during the recess of this House, sorae, or aU of thera will petition for the pardon ol their said offences. Be it therefore enacted, &c. that his Excellency the Governor and the Honorable the CouncU be and hereby are iiivested with the same power and authority possessed by this House, upon application raade to them, during the recess of the Legislature, upon such conditions as to them shall appear necessary and just, to pardon any of the inhabitants of Windham county, who have heretofore professed themselves subjects of tke State of New-York,. LAWS PASSED, FEBRUARY, 1784. 40 J AN ACT to reverse the several Judgments therein raentioned. Whereas, Joshua Prouty, late of Leominster, deceased, in his life time, obtained a note foi money against Richard Piouty, and a note against Elijah Prouty, and a note against John Pike, and died in the year on« thousand seven hundred and seventy-eight: and whereas suns on fhe said notes were commenced before John Barrett, Esquire, justice of the the peace within and Ibr the county of Windsor, alter the death, and in the naaie, ofthe said Joshua Prouty, and judgraent was rendered by the said Jjstice Barrett on the ninth day of August last, hi favor of the said Joshua deceased, on the said several suits against the said Richard Prouty, Elijah Prouty and John Pike. And wliereas, fhe said Richard Prouty is the legal adrainistrator to the said Joshua Prouty, and is greatly hindered from administer ing the estate of the said Joshua, by rattans of the rendering the said judmiients. ij'e it therefore enacted , &c. that the said several judgraents, so ren dered as aforesaid, are hereby reversed and declarea null and void. LAWS PASSED AT RUTLAND, OCTOBER SESSION, 1784. .4.N ACT appointing Coraraissioners to make reprisal in a case thereiia mentioned. Whereas, Micah Townsend, of Brattleborough, in Windhara county, Esquire, has represented and proved to fhe satisfaction of this House, that he lias been arrested in the State of New- York, by Seth Smith, of said State, in an action of trespass, wherein the said Seih states his dara ages at one thousand pounds — that the said Micah was obliged to give bail ill the said suit, in fhe sura of two thousand pounds, for his appear ance at court — and that the said suit was commenced and prosecuted a- gainst the aforesaid Micah, solely for his acting in the line of his duty, as an officer and subject of this State : and whereas, this Legislature view theraselves bound, by every tie of honour and justice, to protect and in demnify the subjects and officers of the State while acting agreeable to theu duty : Be it therefore enacted, &c. that Briant Brown, Stephen Jacob, and Benjamin Wait, Esquires, of Windsor, in the county of Windsor, be, and hereby are, appointed coraraissioners to make seizure of so rauch of the lands owned by any one or raore ofthe subjects of the State of New- York, lying within this State, as will raise the sura of one thousand five hundred pounds, lawfid raoney, in specie, when sold at puMic vendue. That it is hereby declared to be the duty of said cou.HussionerS) or a 492 LAWS PASSED, OCTOBER, 1784- majority of them, to make such seizure or seizures, as soon as raay be after the passing of this act, and to cause to be recorded a certificate or certificates thereof, together with a copy, of this act, in the office or offices directed by law for recording deeds ; and to give notice of such seizures to all persons concerned', by publishing the sarae in one or raore of the newspapers, printed in the State of New-York, if the presses ofthat State are open to the said advertisement : which seizure or seizures, (if no deed frora the person or persons whora the commissioners shall suppose to own such land, shall have been entered on record in the office where, by law, such deed is to be recorded, previous to such seizure) shall operate in such manner as to prevent any alienation or record ofthe sale of such lands, thereafter to be raade, by the owner, or in any proper office, at such owner's request, whUe the said land shall continue under the in- curabrance of such seizure. And be it further enacted,that, as soon as the court before whom such suit is or shall be depending m the State of New- York, between the said Seth Sraith, and Micah Townsend-, shall have rendered judgraent, thecom- missioners hefore named, or a raajority of them, or the survivors or survivor of thera, are hereby expressly required, after giving at least fourteen days public notice in all the newspapers of this State, to sell at vendue, for specie, to the highest bidder, (without any credit to be given the pur chaser or purchasers) so much of the land by them seized, as vrill satisfy the said judgment, if the same shall be rendered against the said Micah in the aforesaid suit ; and also, such bill as any one of the judges of the supreme court of this State shaU allow to the said Micah, for the expenses, disbursements, charges, trouble and time, of the said Micah, in defending the said suit, and for the costs and charges of the coraraissioners in carry ing this act into execution ; and also, such further sum as the said judge shall allow to the said Micah, as a recompence for being unjustly sued and for the risque he ran of being confined in goal at so great a distance from his family : and the same shall pay to the said Micah, his executors, adrainistrators, or assigns, upon demand : and a deed frora the said com missioners, or a majority of thera, or the survivors or survivor of them shall be equally good in law to the purchaser, his heirs and assigns, as a deed frora the proper owner or owners of such land would be if the same was not under the incumbrances of such seizure. And be it further enacted, that if it shall happen that the said Seth shaU discontinue his said suit, or becorae non-suit therein, or that a judg ment shaU be rendered for the said Micah, against the said Seth, upon the trial of the sarae cause, that then the said coraraissioners shall only seU for, and pay to the said Micah, such bill for expenses, trouble, time and recompence, to be aUowed as aforesaid, and for the costs of the corarais sioners, (deducting such costs as shall be recovered by the said Micah against the said Seth.) LAWS PASSED, OCTOBER, 1784. 493 AN ACT to establish a Society, by the name of The First Medical So ciety in Vermont. Whereas, it is raatter of the greatest importance to the inhabitants of this State, that the professors of the medical art should receive all proper encouragement, to excite them to iraprove and to acquire a thorough ac quaintance with a science, so interesting to those who raay be in distress through indisposition of body and lirabs : and whereas, it appears by a petition, signed Joiias Fay and Lewis Beebe, in behalf of theraselves and a number of gentlemen physicians and surgeons, in the counties of Ben nington and Rutland, und parts adjacent, to wit, Nathaniel Dickinson, Seth Alden, Samuel Huntington, Elisha Baker, Lemuel Chipman, Will iam Johnston, William Gould, Aaron Hastings, Zina Hitchcock, Silas Holbrook, WiUiara Woolcott, Ezra Baker, Ebenezer Tolman, Ezekiel Porter, aud Jacob Roeback, did, on the lyth day of August, 1784, form themselves into a medical association, and forraed a constitution ibr the government thereof ; and by their petition, dated the lOth day of Sep teraber follo-wing, pr lyed the Legislature of this State to patronize and establish the same : Therefore, Be it enacted, &c. that the following physicians and surgeons, in the counties of Bennington and Rutland, and parts adjacent, to wit, — Jonas Fay, Lewis Beebe, Nathaniel Dickinson, Seth Alden, Samuel Hunting ton, Elisha Baker, Lemuel Chipman, WiUiara Johnston, William Gould, Aaron Hastings, Zina Hitchcock, Silas Holbrook, WUliara Woolcott, Ez ra Baker, Ebenezer Tolraan, Ezekiel Porter, and Jacob Roeback, be, and they are hereby incorporated and constituted a body corporate and politic in law, by the name of The First Medical Society in Vermont, — capable of suing and defending, by their agent or attorney, in any court of law or equity, for the recovery and defence of their compion rights and interests ; and they shaU be capable of taking, by gift, grant, or de vise, for the purpose of procuring and maintaining a library, and such in struments and apparatus as shall by said Society be thought best, for mak ing experiments in their art, and for any other purposes that shall be found conducive to- the encourageraent and iraproveraent of the heaUng art. And be it further enacted, that the said society be, and is hereby vested with full power to elect annually (by ballot) a president, secretary, and two or raore censors ; and the said Society is hereby further author ised and empowered, to call any of its raerabers to account for any dis honourable conduct, relative to the raedical profession, and punish the same, (if necessary) by suspension, admonhion, or expulsion ; and to make laws, rules, and regulations, for the governing the said Society, and its several raerabers. And be it further enacted, that said Society be, and is hereby vested with power to judge and determine with regard to the qualificatidbs of such person or persons as shall offer theraselves for exaraination : and any person or persons, who shall hereafter be adraitted as raerabers of said society, shall be entitled to all and singular the benefits and privileges that those enjoy whose names are raentioned in this act. 494 LAWS PASSED, OCTOBER, 1784. And be it further enacted, that said Society be authorised and em powered to appoint and determine the tiraes and places of their stated or adjourned meetings, as to thera shall appear necessary, for the purposes mentioned in this act. ¦AN ACT to suspend trying thg Title of Lands. V Be it enacted, &c. that the several courts of law ih this State, be, and hereby are prohibited trying the title of land within this State, until the rising ofthe General Assembly hi June next ; except in such cases where the parties rautually agree otherwis.e : and that no writs of seisin be issu ed, or renewed, by the clerks of the several courts, until' tht{ time afore said : and that such writs as are already issued, be stayed for the said time. AN ACT to suspend prosecutions against Joseph Farnsworth, Esquire. Be it enacted, &c. that no action shall be commenced, prosecuted, or proceeded in, against Joseph t arnsworth. Esquire, commissary-general of purchases, for contracts made by him in his public capacity, as com missary, until the rising of the Legislature in October next.*- AN ACT pardoning — — , Esq. of Marlbordhgh, in the county of Windham, and restoring to him aU his estate, real and personal. Whereas, , Esq. of Marlborough, in the county 'of Wind ham, has preferred his petition to this Asserably, setting forth that, by sentence of the supreme court, holen at Westminster, within and for the county of Windhara aforesaid, on the second Tuesday ol February, An no Domini, one thousand seven hundred and eighty-four, he was attainted of treason against this State ; by reason of wbich sentence, aU the estate, real and personal, of the said , Esq. was confiscated to,'"and seized for the use of, this State ; and praying pardon and a resiiitution of his said estate : and whereas, many raatters appear which recommend the said , Esq. to the mercy of this Legislature, and this Le gislature ever willing to extend mercy where the ends of government raay be as well answered thereby : theretore. Be it enacted, &c. that there be, and hereby is, granted to the said , Esq. a full and free pardon of said attainder, and aU and sin gular the consequences thereof; and that all the estate of the said , Esq. both real and personal, cunfiscated by said sentence and at tainder, be, and the same is hereby restored to the said , Esq., except so much of said estate as hath already been sold and disposed to " the use of this State. And be it further enacted, tiiat the said — — — — j Esq. shall not be tAWS PASSED, OCTOBER, 1754. 495 antitled to any of the benefits and privUeges, or imraunifies, granted by this act,.until he shall have piid to the treasury of this State, the su !i of thirty-five pounds, lawful money, to indemnify this State for costs that have accrued in prosecuting the said , Ksq. Be if further enacted, that tii>» treasurer be, and is hereby directed to receive an obligation from the s%id , Esq for fhe said thirty- five pounds, tobe paid in h-ird -non ?y, within six immths. with imprest ; and -also, to receive from th*" said a certain note given by Oliver Waters and others, to Elisha Porter, i'.sqiire, sheriff of the county of Harapshire, for -about fifteen pounds, and also a note given by said Wa ters and othf rs, to Charlas Phelps, of H.idley, for about six pounds, law ful raoney, and indorse the sarae on the said thirty five pound note; and when the said two notes are received by the treasurer, and indorsed as aforesaid, th?n the said Esq. shall be fully and amply intitled to all the ben-.^flts proposed or provided in this act, and hive right to re ceive, hold, and enjoy, all his estate, both real and personal, as is intend ed by this act. . j,. AN ACT granting to the several persons therein naraed, a free pardon for the several crimes herein described. Be it enacted, &c. that a free pardon be, and is hereby granted to the J persons herein namyd, for all crimes heretofore committed in opposing the authority of this State, to wit : — _^ [Here follow the names of twenty-six persons, viz : seven from Brat tleborough, eighteen from Guihord, and one from Marlborough. We have thought proper to orait these naraes, for the reason stated in the note, pjige 355.] And be it further enacted, that all the property, real and personal, of each and every person, before naraed, which hath been a'djudged for feit to this State, or hath been seized or taken by the authority of the sarae, arid not disposed of, be returned to the before naraed persons. Provied always, that neither of the aforementioned persons shall be intitled to any of the benefits of this act, who shall not appear before some justice ofthe peace, in the county of Windhara, within two months from the publication hereof, and take an oath of allegiance to this State, and procure a certificate thereof. AN ACT entitied an Act to regulate the satisfying executions on cer tain judgraents therein named. Whereas, it has been represented to this Legislature, that actions for debt have been commenced on judgments of court within this State, after 496 LAWS PASSED, OCTOBER, 1784. they have laid one year and a day, with a view to evade the statute law of this State, raaking neat cattle, &c. a tender on executions granted on judgraents of debts, bonds, notes, &c. of a certain date therein naraed : Which evil to prevent. Be it enacted, &c. that whenever an action of debt is brought on a judgraent obtained before any court within this State, the execution of which would have been legally satisfied by neat cattle, &c. agreeable to the above mentioned statute, the plaintiff shiall recover no raore in said second action than fhe original judgment. And the cost arising on said second action, shall be paid by the plaintiff, and the execution thereon, satisfied in the sarae raanner as the judgment on the said first action. Provided always, that no person shall receive any benefit by this act, unless he can prove to the court where the action on such judgment is brought, that he ever has been and still is ready to satisfy said judgment as the law directs. AN ACT for the purpose of opening a free trade to and through the province of Quebec. Whereas, raany advantages will arise to the citizens of this State, by- extending coramerce to the province of Quebec, and through* that chan nel to Europe : Therefore, Be it enacted, &c. that the Governor and CouncU be, and they are hereby authorised and empowered, to appoint one or raore persons, not exceeding three, to repair to the province of Quebec, with full power to confer with any person, or persons, that raay be authorised therefor, by any power with whora it shall be necessary to agree, concerning raatters of trade and comraerce ; and to transact with such person, or persons, all such matters and business as shall be necessary to coraplete, on the part of this State, the opening a free trade into, and through, said prov ince of Quebec. AN ACT to continue in force the Laws passed by the Legislature of J this State. Be it enacted, &c. that the several acts passed by the Legislature of this State, (except such as have expired by their own liraitation, or have been repealed,) shall continue in force until the rising of the General Asserably at their next stated session in October. LAWS PASSED, JUNE, 178S. 49? LAWS PASSED AT NORWICH, JUNE SESSION, 1785. AN ACT granting twenty-three thousand acres of Land to the Trustees of Dartraouth College, and the President of Moor's Charity School, to and for the use of the said CoUege and School, for ever. The Legislature having a high sense of the importance ofthe institu tion of Dartraouth CoUege, and Moor's Charity School, to mankind at large, and to this coraraonwealth in particular ; its situation and con- nexions being most favourable to diffuse useful knowledge through the sarae. Be it therefore enacted, &c. that there be, and hereby is granted to the Trustees of Dartmouth College, and the President of Moor's Charity School, and to their successors, twenty-three thousand acres of land within this State, to be ascertained and chartered upon the conditions hereafter provided in this act ; to be to and for the use of said College and School, for ever. And be it further enacted, that the surveyor-general for the time be ing, be and hereby is directed (as soon as the survey of the State is com- pleated, there being a sufficiency of ungranted lands reraaining) to survey in one tract the twenty-three thousand acres, if that quantity of ungrant ed land, proper for cultivation, can be foirad in one parcel ; or otherwise survey the like quantity in different parcels, under the direction, and to the approbation, of the President of the said institution. And be ii further enacted, that the Governor and Council of this State for the tirae being, be and hereby are requested to issue a charter of incorporation for the same, when so surveyed, to the Trustees of Dart mouth College, and the President of Moor's Charity School, and to their successors, to he fo and for the use and benefit of the said College and School, forever.* AN ACT to enable Thomas Chandler of Chester, in the county of Windsor, Esq. who now stands coraraitted a prisoner in the coraraon goal at Westminster, in the coanty of Windhara^ to deliver up aU his estate, real and personal, to his creditors, bona fide, and to discharge the said Thomas from his Imprisonment. Be ii enacted, &c. that it shall be lawful for Thoraas Chandler, of Chester, in the County of Windsor, Esq. who now stands committed a prisoner in the common goal in Westminster, in the county of Windham, * In pursuance of this act, a charter was issued by the Governor, dafed the Mth of June, t78S, for a tract of land six miles square, by fhe name of Wheelock. 498 LAWS PASSED, JUNE, 178?. to exhibit a petition to the Honourable Benjamin Burt, Esq., one of th# judgesof the county court for the county of Windhara, certifying the cause of his iraprisonment, and an account of his estate, with the dates of the securities wherein any part of it consists, and the deeds or notes re lating thereto, and the naraes of the.witnesses ; and upon such petition, the j udge, by order, is to cause the prisoner to be brought before hira, and the creditors at whose suit he stands charged or some of thera, or the at torney or agent employed in such cause, to be summoned at least twelve days before the day of such appearance ; which suraraons shall have an nexed there to, in a schedule, a copy ofthe account of his estate which he intends fo deliver in to thf judge, and upon the day of such appearance, one affidavit ofthe service of such summons, with the schedule thereto an nexed, the judge shall, in a summary way, examine the matter of the pe tition, and shall tender to the prisoner an oath, to the effect following, viz : " You do solemnly swear, in the presence of Almighty God, that ihe account by you delivered into this honourable court, in your petition io this court, doth contain a true and full account of all ¦your real and personal estate, debts, credits, and effects, whatsoever, which you, or any in trust for you, have, or, at the time of your petition, had, or were in any respect intitled to, in possession, remainder or rever sion, except tlie wearing apparel and bedding for you or your family ^ or the tools or instruments of your trade or calling, not exceeding ten pounds in value in ihe whole ; and that you have not, at any time, since your imprisonment, or before, directly or indirectly, sold, leased, as signed, or otherwise disposed of, or made over, in trust for yourself, or otherwise, oiher than as mentioned in such account, any part ofany lands, estate, goods, stock, money, debts or oiher real or personal estate, whereby to have or expect any benefit or profit to yourself or to defraud any of your creditors to whom you are indebted. So help you God." If the prisoner take the oath, and the judge be satisfied with the truth thereof, the judge may order the effects contained in such account or so rauch as raay, be sufficient to satisfy the debts and the fees due to the keeper of the prison, to be, by a short endorsement on the back of the petition, signed by the prisoner, assigned to the creditors, or one or raore of them, in trust for the rest ; and by such assignment, the estate and pro perty of the lands, goods, debts and effects, so assigned, shaU be vested, and the prisoner shall be discharged out of custody, by order of the judge ; and the persons to whom the effects shall be assigned, paying the fees to the goaler, shall divide the effects, in proportion to their debts. And be it further enacted, that, in case the prisoner refuses to take the oath, or shaU be detected of falsity therein, he shall, by the judge, be remanded to prison. And be it further enacted, that the person of the debtor, so discharged, shaU never after be arrested for the same debt ; but the judgment shall reraain in full force, and execution may be taken out against his lands and goods, only his wearing apparel, bedding for himself and family and LAWS PASSED, JUNE, 178S. 499 aecessary tools for his trade, excepted : and if the said Thoraas, after taking such oath, shall, upon indictment for perjury, be convicted, he shall suffer all the pains of wilful perjury, and shall be liable to be taken «n any procress, de novo, and shall never after have the benefit of this act. , AN ACT to secure Daniel Marsh, in the possession of a certain farm, until, he shall have opportunity of recovering his betterraents ; and nullifying several judgments rendered against him. Whereas, it appears that Silas Whitney, of Clarendon, at the Novera ber terra of the county court for the county of Rutland, holden at Tin mouth, in said county, Anno Domini, one thousand seven hundred and eighty-two, recovered a certain judgment, in an action of trespass and ejectment, against Daniel Marsh, of Clarendon, and that, in consequence of said judi^ment, a writ of seisin has issued against the said Daniel, and be h.is been turned out of possession, without any allowance for his better ments, and sundry actions of forcible entry and detainer and of trespass have been prosecuted against him, to his great cost. Therefore, Be it enacted, &c. that the said Daniel Marsh have,' ano he hereby hath, liberty to file his declaration, in an action of the case, in the county court for the county of Rutland, at the next stated session of said court, igainst the said Silas Whitney, of Clarendon, for the recovery of his betterments, done on the farra of which he the said Daniel has been ousted, ill consequence of said judgraent, recovered against hira in favor of the said Whitney, in an action of trespass and ejectment, before the county court for said county of Rutland, at their Noveraber terra, at Tin raouth, Anno Domini, one thousand seven hundred and eighty^two ; and thatthe said Daniel be permitted peaceably, and quietly to enjoy the pos session of the preraises of which he has been ousted, by reason of said judgment in trespass and ejectment, rendered as aforesaid, until final Judgraent shall have been rendered in said action of the case, for better raents as aforesaid. And be it further enacted, that this act raay be pleaded in any court in this State, in bar, and shall be a bar of any action of forcible entry and detainer, trespass or possessory action, of any name or nature whatso ever, brought, or to be brought, by the said Whitney against the said Marsh, relative to the premises disputed in said action of trespass and ejectment, untU final judgraent shall be rendered in said action of the case for betterraents as aforesaid ; and all judgnient or judgments, subse quent to said judgment in trespass ahd ejectmei't, which have been ren dered against the said Marsh, in favour of the said Whitney, in action of trespass, forcible entry and detainer, or in any wise whatsoever, relative to the premises in dispute or disputed in said action of trespass and eject ment, are hereby nullified and made void ; and all suits now pending and undeterrained relative to the same, a,nd all executions already issued for eosts relative to the same, shall be, and are hereby suspended. 500 LAWS PASSED, JUNE, 1785. AN ACT confirming Andrew Grahara, of Putney, in the county of Windham, in the quiet and peaceable possession of the farm on which he now lives in said Putney, and rendering all judgments respecting the possession of the same, heretofore had and rendered by any court of law whatsoever, null and void. Be it enacted, &c. that Andrew Graham, of Putney, in the county of Windham, be, and hereby is confirmed in the quiet and peaceable posses sion of the farm or lot of land, in said Putney, on which the said Andrew Grahara now lives, being the sarae farm or lot of land on which the said Andrew forraerly Uved and improved, and lately occupied by Benjamin ¦Witson, late of said Putney ; and that all judgraents heretofore had and rendered by any court of law, in any real or possessory action, in any -wise respecting said farra or lot of land, be, and are hereby declared to be null and void ; and that all processes, writs of execution, writs of .seisin, writs of possession, or other proceedings, of what narae or nature soever, in law, be, and are hereby suspended, and to be no further prose cuted. And be it further enacted, that if any person or persons shall corarait any trespass on the aforesaid farra or lot of land, of what narae or nature soever, the said Andrew shall have and maintain his action of trespass, according to the laws, usage and custoras of this State ; and this act giv en in evidence, shall be, and hereby is declared to be conclusive evidence to any court of law in this State, of the legal possession of said farm or lot of land being said Andrew Graham's. Provided nevertheless, that nothing contained in this act shall be con strued to bar or preclude any person or persons, frora having and raain taining his or their actions of ejectment, who claira the title of said farm- LAWS PASSED AT WINDSOR, OCTOBER SESSION, 1785. AN ACT for settling disputes respecting landed property. Whereas, raany persons have purchiised supposed titles to land within this State, and have taken possession of such lands under such titles, and made large iraproveraents on tbe same ; and who, having no legal title to such lands, raust, if the strict rules of the comraon law be attended to, be turned off from their possessions, raade at great expense. Be it enacted, &c. that when any person or persons, in the actual pos session and iraproveraent of lands to which he, she, or they, so in posses sion, or those under whom they hold, had purchased a titie, supposing at the time of purchase, such title to be good in fee, and having, in conse quence of such purchase, entered and made iraproveraents upon such LAWS l^ASSED, OCTOBER, 1783. 5.01 lands, shall be prosecuted before any court by action of ejectment, or any other real or possessory action, to final judgment, and judgment shall be given against such person or persons in possession as aforesaid, such per son or persons as aforesaid, against whora judgraent shall be finally given as aforesaid, shall have right, by action, to recover of the person or per sons in whora the legal right shall be found by such jhdgraent, the value ofthe iraproveraents and betterments made on such lands by such posses sor or possessors, or those under whora they hold : and the manner of process shall be, that the recoveree or recoverees in such action as afore said, shall, within forty-eight hours after judgment, or during the sitting of said court, file a declwation, in an action of the case, against the re- coveror or recoverors, for so much money as the estate is made better as aforesaid, in the clerk's office of the court where such judgraent was ob tained, which shall be deeraed a sufficient notice to the adverse party to appear and defend in such action on the case, at the next session of said court, whether stated or adjourned ; and the court, on motion raade, shall order the writ of seizin or possession to be stayed until the last action a- foresaid be determuied ; and the land recovered by such judgment, shall be holden to respond the judgment (if any there he in favor ofthe pos sessor or possessors) as fully as though the sarae had. been attached by mesne process ; and if, on trial, it shall be found necessary that a view be had of the premises, to ascertain how much the estate is made better as aforesaid, the court, on motion raade by either party, may grant such view ; and all the reasonable charges arising by such view, shaU be paid by the party moving for the same. And be it further enacted, that the jury, in estimating the value of the improvements, shall assess the value of the lands as they were when the settlement was begun by the possessor or possessors ; and shaU also assess the value of such lands at the time of such assessment, as if the sarae were then uncultivated, and shall allow to the possessor or possessors, the one half of what such lands have arisen in value, and shall, in addition thereto, assess to the possessor or possessors, the just value of making the iraproveraents, with the buildings and other betterraents made on such lands by the possessor or pessessors, or those under whora they hold ; and if any doubt shall arise respecting the quantity of such land to be estiraated by the jury, it is hereby declared to be the duty of such jury, to appraise the improvements and betterraents on aU the land described in such action. And be it further enacted, that when any person or persons who have entered and raade improvements on lands to which he, she, or they, had no such supposed title as aforesaid, shall be prosecuted before any court, by action of ejectment, or other real or possessory action, and judgment shall be finally given against such possessor or possessors, he, she, or they, shaU have a right to recover of the legal owner thereof, the value of his, her, or their iraproveraents, to be estiraated in raanner as aforesaid ; excepting that such possessor or possessors shall have no allowance for the rise of the land ; andthe sarae raanner of process shall be had, and the lands shall be holden tb respond the judgment obtained by said pos sessor or possessors, as is before provided in this act. 502 LAWS PASSED, OCTOBER, 178S. Provided always, and be ii further enacted, that this act shaH not ex tend to any thing future, or to any person or persons, who have takeir possession of land to which they have no supposed title, after the first day of October, 17SO ; orto any person or persons who have taken posses sion of lands to which they have no legal titie, after the first day of July, 1785 ; and that no person who hath ousted the rightful owner, or gotten possession of any improved estate by ouster, (otherwise than by a legal process) shaU take any advantage or benefit hy this act. Be it further enacted, that if the plaintiff in the action of the case a- foresaid, shall recover judgraent in said action, no execution shaU be granted in such case, until the expiration of six raonths after said judg raent is recovered ; and the writ of seizin or possession, shall be further stayed until the expiration of the said six months, unless the defendant in said action of the case, satisfy said judgment, either to the plaintiff recov ering such judgment, or by paying the full sum of daraages and cost so recovered, into the hands of fhe clerk of said court, for the plaintiff's use ; in which case the clerk shall give a receipt for the sura so paid, and enter such judgraent satisfied, and a writ of seizin or possession shall ira raediately issue. Be ii further enacted, that the defendant, in the declaration filed for damages as before raentioned in this act, shall not be allowed to demur to said declaration after the second day of the sitting of the court in which said action for daraages is to be tried as aforesaid ; and if judgraent shall be given on deraurer in favor of the defendant ,Hhe plaintiff, within twenty- four hours after such judgraent, or during the sitting of said court, shall have full liberty to file another declaration for the purposes intended by this act ; and a trial shall be had in said action as soon as raay be, after filing said last mentioned declaration ; and the writ of seizin or posses sion shall be stayed, andthe land shall beholden to respond the judgment as before is provided in this act. Be it further enacted, that all actions comraenced for the trial of the title of lands, or declaration filed for damages as aforesaid, shall be taken up in the same stage in which they were when the trial of them was sus pended by the General Asserably, in October, 1783, and be prosecuted accordingly. And be it further enacted, that where any prosecution has been cora raenced before the passing of this act, by action of ejectraent, or other real or possessory action, before any court, against any person in posses sion as is before raentioned in this act, and judgment has been rendered in favor of the plaintiff, whether such judgraent be final or not ; or whether writ of seizin or possession on such judgment has been issued or not ; and whether such possessor or possessors shall have been put out of said possession or not ; such writ of si izin or possession, if not executed, shall be stayed for the term of six raonths frora the passing this act ; in which time, such possessor shall have liberty (by paying to the plaintiff, in such action of ejectment or writ of right, all his just costs in such action, and giving him, or his attorney, twelve days notice in writing, when and where he will file a declaration for the purposes intended by this act) to file a declaration in an action of the case, with the clerk of the court in which the plaintiff's action of ejectment, or other real or possessory action, was first comraenced, and shall have all the ad vgnincroc \r,ianAaA \,x, tv.;„ ^-t LAWS PASSED, OCTOBER, 1785- 503 Provided always, and it is hereby enacted, that this act shall not ex tend to any jierson or persons settled on lands granted or s. questered for public, pious, or charitable uses ; nor to any person who has gotten the possession of lands by virtue of any contract raade between hira and the legal owner or owners thereof. Provided also, and be it further enacted, that nothing in this act shall be construed to deprive any person of his reraedy at law against his voucher. Be it further enacted, that no writ of right, or other real action, no action of ejectraent, or other possessory action, of what narae or nature soever, shall be sued, prosecuted or raaintained, for the recovery of any la'nds, teneraents, or hereditaraents, where the cause of action has accrued before the passing this act, unless such action be commenced within three years next after the first day of July, in the present year of our Lord one thousand seven hundred and eighty-five. AN ACT to repeal a certain clause in an Act, entitled. An Act for the regulating Fees, passed at Westrainster, October 17, 1783. Whereas, it appears that those who live without this State, that com mence suits at law within this State, have greater fees for crossing the line of this State than is allowed by the neighboring States : Which to prevent. Be it enacted. Sic. that a certain clause in an act, entitled, " An Act regulating Fees," passed at Westminster, October 17, 1783, allowing six shillings to plaintiff or defendant for crossing the line of this State, be, and hereby is repealed. Be it further enacted, that plaintiff or defendant living without this State, in any suit that shall be comraenced before any court in this State, be aUowed three pence per mile for travel frora the line of said State to the court, on the most direct road from the place of residence of such plaintiff or defendant to such court. AN ACT directing what money shall be legal currency in this State, and at what rate the same shall pass. Beit enacted, &c. that all genuine coined gold, silver and copper shall be legal money in this State, and shall pass as follows, viz.: — all gold coin ofthe fineness of a half Johannes, shall beat the rate of five shilUngs and four pence a penny weight ; silver coin estimating the silver Spanish milled dollar weighing not less than seventeen penny weight and six grains, at six shiUings each, and all other silver coins in proportion there to, according to its weight and fineness ; and aU genuine coined coppers, three of which weighing not less than four penny weight -fifteen grains each, shall pass for two pence. 504 L.AWS PASSED, OCTOBER,' 1783. AN ACT to vacate the record of a deed on the book of records in the town clerk's office, in the town of Windsor. Whereas, it appears by tbe testiraony of sundry persons, and espe cially by the testiraony of the forraer town clerk for said town of Wind sor, that the record of a certain deed or conveyance of land, made by Watts Hubbard of said Windsor, to Benajah West, of Albany county, and David West, Elisha West, Mary West, and Abigal West, of Dutchess county, in the (then) province of New- York, made and executed on the eighth day of December, Anno Domini, seventeen hundred and seventy- five, was made on the said town book, through raistake, and contrary to the direction and intention of the person having the controul of the sarae, — by reason of which record, it appears that great injury raay be done to the persons who have the equitable controul of said deed, unless the sarae record can be vacated so far as to destroy its operation as evidence in courts of law, of the deed of which it appears to be a transcript; Which evil to prevent. Be it enacted, &c. that the record of said deed, as entered on the first book for recording deeds, in said town of, Windsor, in the tenth and eleventh pages of .said book, dated February 22, 1782, be, and the sarae is hereby declared to be, void, and the same shall not be received or ad mitted, in any court of law, as evidence of such deed of which it appears by said record to be a transcript. AN ACT to continue in force the Laws of this State. Be it enacted, &c. that every act and law of the Legislature of this State, which has not been expressly repealed or expired by its own Um- itation, be, and hereby is, continued force, until the rising of the General Asserably, in October next. LAWS PASSED AT RUTLAND, OCTOBER SESSION, 1786. AN ACT to make such articles a tender upon execution, to the inhabi tants of either of the United States, as are, by their respective laws, a tender upon execution. Be it enacted, &e. that all articles, of what nature or kind soever, which now are, or hereafter shall be, by the laws of any or either of the United States of North-America, made a lawful tender upon an execu- LAWS PASSED, OCTOBER, 178G. 505 tion, shall, during the existence of such laws, be a lawful tender, upon an execution to the inhabitants of such respective State, within this cora monwealth. And be it further enacted, that if any or either of the said United States, or either county thereof, shall, by reason of their civil coramo- tions, turaults, riots, or disorders, be in such a situation that the inhabi tants of this coramonwealth cannot, by law, recover debts in such State or county ; the inhabitants of such State or county shall be precluded from commencing any civil action in this State, against any subject there of, or from recovering any judgment against either the subjects of this State, untU the free exercise of law, for the recovery of debts, be restored to the subjects of this State, in such State or county. AN ACT for prolonging the tirae in which the grantees of the lands; grerated by this State, are obliged to settle the sarae. Be it enacted, &c. that no forfeitures of lands, granted by this State, shall be taken tiU three years after the outlines of the town or towns in Which the lands lie, have or raay be run by order of the Legislature. AN ACT to repeal part of an Act, entitled, " An Act constituting the Superior Court a Court of Equity, -and declaring their power." It is liereby enacted, &c. that such part of an act, entitled, " An Act Constituting the Superior Court a Court of Equity, and declaring their power," as authorises the Governor, Council, and General Assembly, t* hear and deterraine cases in equity, be, and is hereby repealed. AN ACT to prevent the sale and transportation of Negroes and Mo- lattoes out of this State. Whereas, by the constitution of this State, all the subjects of this com monwealth, of whatever colour, are equally entitled to the inestiraable blessings of freedom, unless they have forfeited the same by the corarais sion of sorae crirae ; and the idea of slavery is expressly and totally ex ploded from our free governraent. And whereas, instances have happened of the forraer owners of Ne gro slaves in this commonwealth, making sale of such persons as slaves, notwithstanding their being liberated by the constitution ; and attempts been raade to transport such persons to foreign parts, in open violation of the laws of the land. Be it therefore enacted, &c. that if any person shall, hereafter, raake sale of any subject of this State, or shall convey, or atterapt to convey} Q 3 506 LAWS PASSED, OCTOBER, 1786'. any subject out of this State, with intent to hold or sell such person as « slave ; every person so offending, and convicted thereof, shall forfeit and pay to the persons injured, for such offence, the sura of one hundred pounds, and cost of suit ; to be recovered by action of debt, complaint, or information. AN ACT defining and limiting thejurisdiction of Justice Courts within this State, and directing the proceedings therein. Whereas, it is essential to the wise and happy adrainistration of gov ernment, and regular execution of law, that thejurisdiction of justices of the peace within this State, and there mode of proceeding, be exactly liraited and defined : Therefore, Be it enacted, &c. That every justice of the peace within his respect ive jurisdiction, be and is hereby fully authorised and empowered, to hear, try and determine, all pleas and actions of a crirainal nature, where the fines and forfeitures are within the sura of forty shiUings, and the cor poral punishment does not exceed ten stripes. And be it further enacted, that every justice of the peace, within his proper sphere of jurisdiction as aforesaid, be, and is hereby fully authori sed and erapowered, to hear, try and deterraine, all pleas and actions of a civil nature (other than actions of defaraation, and where the title of land is concerned) where the debt, or other raatter in deraarad, does not ex ceed the sum of four pounds ; and also to determine as aforesaid, on all specialties, notes of hand, and settled accounts, not exceeding the sura of six pounds ; and to give judgment, and award execution thereon accord ingly- Andbe ii further enacted, that every justice of the peace, within his proper jurisdiction raay, on application raade, grant a suraraons, warrant or attachraent, as the case raay require, where the demand ofthe plaintiff doth not exceed the aforesaid sums, to cause the person or persons against whom application shall be raade, or his or their goods, as the case may be, to be had before such justice, at such tirae and place as shall be directed in such precept ; which precept shaU be directed to the consta ble ofthe town where the defendant dwells, and shall be as follows, viz. To either ofthe constables of , in the county of .'^ By the authority of the State of Vermont, You are hereby cora manded to sumraon A. B. of , in the county of , to appear be* fore rae, at , on , at o'clock of said day, to answer to C. D. of , in an action of plea to the daraage of the plaintiff, six pounds, or under. Hereof fail not, and your doings hereon, with this summons, make due return according to law. Given under ray hand at , this day of . E. F. justice of peace. [CounciUor, or Judge, as the case raay be.] Or if a warrant or attachment. To either ofthe constables of , in the county of . By the autherity ef the State ef Vermont, You are hereby com- LAWS PASSED, OCTOBER, 1786. 507 manded to 'apprehend the body of A. B. of , or to attach the goods or chattels of the said A . B. [as the case raay be] and have him [or them] before rae, at , on , at o'clock, [or forthwith in crirainal cases] to answer to C. D. of , in an action or plea [as in the sura raons.] And in case a constable cannot seasonably be had to serve any such suraraons, warrant, or execution, issued by a justice of the peace, any justice is hereby erapowered to authorise any suitable person to serve the same, in manner following, viz : the justice shall insert on the back of the precept the following words, at the request and risque of the plaintiff, I authorise A. B. to serve and return this precept : and the person so authorised shall have all the powers of a constable in the service and return of such precept ; and no such precept shall be abated on any pre tence whatsoever. And such attachraent or warrant shall be served on the body or goods of the defendant, and by delivering to the defendant, or lea ving at his last and usueJ place of abode, a true and attested copy thereof, with the articles thereon attached : and summons shall be served by leav- " ing an attested copy ofthe same with the defendant, or at his last and usual place of abode, or reading the sarae in his hearing ; at least six days before the day therein appointed for trial : and if any person or persons, so sura moned, shall neglect or refuse to appear, judgraent on default against such defendant or defendants shall be rendered, for such sura as to the justice shall appear just and reasonable, together with cost. And a judgment before a justice's court shall be a final settleraent of all rautual deraands between the parties to that time, within the cognizance qf such justice. Provided neverilieless, that if any defendant shall neglect, on such tri al, to bring in his deraand for a rautual balance and offset, he shall have liberty to bring his action for the recovery thereof within one year next after such trial ; excepting that in such case the plaintiff shall recover no cost, although he raake his plea good : and cost recovered by either par ty shall be as stated in the table of fees ; excepting that neither party shall recover for his cost, where there is no jury, raore than eighteen shillings ; and if there shall be a jury, not raore than twenty-seven shUlings ; and excepting that no fees be aUowed the plaintiff for his travel, and but two shillings for attendance. And be it further enacted, that in all CEtses where judgraent is render ed before a justice, execution shall be stayed thirty days after such judg raent, and shall be returnable within sixty, after the issuing thereof ; ex cept the party recovering shall satisfy the justice that he is in danger of losing his raoney by such delay ; in which case, execution raay be grant ed iramediately, returnable within ninety days frora the issuing thereof. And if any action, in this^act niade cognizahle before a justice of peace, shall be brought before any county or suprerae court, the plaintiff shall be non-suit : and no judgraent, rendered before any justice, shall be reversed by writ of error, or in any other way, except as is in this act hereafter provided. And be ii further enacted, that every justice of the peace, within the liraits of his authority, be, and is hereby empowered to apprehend, or cause to be apprehended, and commit to prison, or bind over to be tried 508 LAWS PASSED, OCTOBER, 1786- by the county or supreme court, all crirainal offenders, tl*e enormity of whose misdemeanors surpass his power to try. And be it further enacted, that any person who shall think himself ag grieved by the judgraent or sentence of any justice of peace in a crim inal action, shall have liberty, on giving security by way of recognizance, to prosecute to effect, to reraove the cause by certiotari, to the next su prerae court sitting for that county, there to be tried on the merits. Provided neverilieless, that if, on the trial to be holden in such case in the suprerae court, judgment shall be given for the party reraoving the sarae, he shall recover his cost; and if judgment shall be given against such party, he shall pay double cost, A'nd be it further enacted, that no appeal or review shall hereafter be aUowed from the judgraent of ajustice of the peace, to be rendered by virtue of this act ; any law, usage or custom, to the contrary, notwith standing. And be it further enacted, that this act shall not be in force or effect, until after the first Monday in December next. AN ACT to compel the fulfilment of Contracts according to the intent of the parties. ¦Whereas, many contracts have been, and probably will be made in this State, for the payment of different kinds of produce, wares and manufac tures, at times therein limited : and whereas, it has frequently happened, that after the expiration of the times liraited in such contracts, for pay ment thereof, creditors have refused to accept of any thing but silver and gold in discharge of the sarae. ^ To remedy which in future. Be it enacted, &c. that whenever any judgment shall hereafter be render ed in this St;ate, upon a contract made since the first of July, 1782, or to be made, for payraent of the produce of this country, wares or raanufac- tures, at a limited tirae and place therein raentioned, the same articles agreed upon in the contract only, shall be a tender upon execution to the officer having the sarae, at the place at which, by the contract, the pay ment was or shall be Uraited to be made, if within this State ; and the officer shall be obliged to receive and cause the sarae to be appraised, agreeably to an act passed by the Legislature of this State, in February, 1783, entitled. An act, in addition to an act, entitled, " An act directing and regulating the levying and serving executions .•" and frora, and iraraediately after, such appraisal, fhe goods appraised shall be the pro perty, and be at the risk of the creditor. And be it further enacted, that the respective justices, and clerks of courts, before whora such judgraent shall be rendered, shall certify, under their oath of office, the place, and kind of produce, wares or raanufac- tures, in which such contracts ought tobe paid, agreeably to this act. And be it furtlier enacted, that when the contract, upon which judg raent shall be so rendered, shall be payable at any place without the Uraite LAWS PASSED, OCTOBER, 1786. 509 of this State, the sarae shall be, and hereby is declared to be, payable to an officer on execution, and shall be appraised within the town in which the defendant lives, (if an inhabitant of this State) if not, in the town in which such property shall be taken on execution. AN ACT empowering the Select- raen of the town of Benson, in the county of Rutland, to levy a tax of one penny on each acre of land in said township of Benson, for the purpose of raaking and repairing Roads and Bridges.* It is liereby enacted, &c. thatthe select-men of said town of Benson, be, and they are hereby authorised and erapowered to levy a fax of one penny 011 each acre of land, in said township of Benson, except public rights, and issue their warrant to the first constable of said town of Benson, to coUect the sarae, and when collected, be is hereby directed to pay the sarae to the said select-men ; who are hereby directed to lay out said tax in making and repairing public roads and bridges, in said town. And they are hereby made accountable to the county court for the county of Rutland for laying out said tax. And be it further enacted, that said collector be, and is hereby au thorise I and erapo.wered to sell lands at public vendue to collect said tax, and the legal cost ; and before he shall proceed to the sale of any lands, he shall publish the sarae in the Verraont Gazette and Journal, three weeks successively, at least six weeks before the day of sale ; and that he shall not give any deed for lands he shall sell, until the expiration of one year from the day of sale. And be it further enacted, that if the owner of any lands in said town that shall be sold as aforesaid, shall pay or tender unto said collector, at any time ".vithin said year, the sura that said land was sold for, with the legal cost, and twelve per cent interest, the fee of the land shall not be aonveyed by such sale ; and said collector is hereby directed not to give Esq's, side Judges ofthe same. John Throop, j Nathaniel Chipman, Esq. was appointed attorney at law, sworn and licenced to plead at the bar within the State. Noah Smith, Esq. was appointed States' attorney within and for the country of Bennington. Freemen of Vermont versus Hilkiah Grout. Noah Smith, States' attorney wkhin and for said county, exhibited complaint that Hilkiah Grout, of Weathersfield, in the county of Cura berland, was guilty of conspiracy and treasonable conduct against the State, in that he came to Shrewsbury, on or about the I7th of February, last past, and did then and there assume the authority of ajustice ofthe peace, and take upon himself to administer oaths to several persons, not heing properly authorised or commissioned to do the sarae ; — all which wicked conduct was a flagrant violation of the law ofthe land ; — as per complaint on file, dated the 10th of June, ^779. The said Hilkiah Grout being brought before the court, plead notguUty to the coraplaint, and put hiraself upon the country. The jury empannelled and sworn by said court were , — ¦ * who returned their verdict that said Grout was guilty of the crime whereof he stood complained of. * JHere follows, in the record, the names of life jurors which, for the salte of bievitr, we have omitted. V.~.. ' SUPREME COURT. 553 Whereupon the court sentenced said Grout to pay a fine of £l20 00 to the Treasurer of this State, and cost of prosecution taxed at 61 14 Execution granted June 12th, 1779. £l81 14 , of Pollett, in said county, exhibited a petition to said court, setting forth that Phoeba, heretofore his lawful wife, had been taken in . adultery, in the very act, — therein praying for a bill of divorce, as the law directs. The Court having heard the evidence, and fully considered the cause, are of opinion that the petition and allegations therein contained are proved — and therefore gave judgment that said have granted him a bill of divorce, in the following words, viz : — By virtue of authority granted to this superior court, grounded on the sure and unerring word of God, we have thought fit, in consequence of Phoeba, heretofore your lawful wedded wife, being taken in adultery, with , to divorce and release you the said from the said Phoeba ; and do hereby release you from that raost sacred obUgation contained in the raarriage covenant, and frora all and singular the effect or effects thereof, and separate you the said frora the said Phoeba in every re spect wherein the marriage covenant had joined you, and each of you, together — You are, therefore no more one, but twain. What the laws of God and man have put asunder, let no raan join together. In witness whereof we have caused the clerk ofthis our superior court to sign our bill, and affix the seal of our court, at &c. At a superior court holden at Bennington in the county of Bennington, on the first day of July, 1779. Present : — Moses Robinson, Esq. Chief Judge. John Fassett, ? „,^ ^^^ j,^^ .^j^^ ^^^^ Jeremiah Clark, S = -< Noah Sraith, States' attorney within and for said county, exhibited in forraation to said court, that , :, and , aU of Claridon in said county, had, sorae tirae between the first and twentieth of May, last past, been .guilty of harboring and concealing and , formerly of said Claridon, who had before gone and joined the open enemies of this, and the Unked States ; aU which was a viola tion of law and contrary to the form of a statute law of this State ; — as per information on file raay appear. The delinquents being brought into court, and put to plead, pleads not guilty, but and plead guilty, and put themselves upon the court for trial. — The court having heard the evidence and fully considered the cause, gave judgraisnt that said delinquents are guilty, and that said delinquents pay a fine of £1000 pounds each, to the Treasurer of this State, and cost of prosecution, taxed at £l64 : 8, and stand committed 'til judgraent be satisfied. At a Superior Court holden at Bennmgton, on the third Tuesday of November, 1779- 554 RECORDS OF THE Present : — Moses Robinson, Esq. Chief Judge. John Fassett, ') Jonas Fay, > Esq's, side Judges ofthe same. Ira Allen, } James Mead versus Lemuel White. The said Lerauel White obtained, by act ofthe Asserably, a rehearing' in a cause before deterrained at a special court holden at Tinraouth, in , said county, wherein said Jaraes Mead had obtained a judgment convic ting hi.n of felony in stealing a certain watch — cis per complaint, judg ment, &c. on file, raay be seen. — The cause being called, said White ap peared and plead that at the forraer court, the jury first brought Wm in not guilty, whereby he was forever acquitted by the law of the land from- any daraages that could accrue to any one by reason of the coraplaint : — 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 Englishraen ; — >by which unlawful raeans he was convicted of felony. He therefore prayed the court to reverse the forraer judgment, and restore him to his daraages 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 judgraent that the forraer judgraent be reversed and set aside, and the said White be restored to his darnages assessed by said court at £53 12 0 and cost of suit, taxed by court at - - - - 55 5 6 At a Speci-al 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, exhibite3 coraplaint to said court, that '¦ was knowing to 's en deavoring tojoin the eneraies of this and the United States, on or about' the first of July, 1 780, and did conceal the sarae : — and did also, on or about the tirae aforesaid, use his influence to persuade and induce the said and others to join and comfort and assist the enemies ofthis and the United States ; — as per complaint on file may fiiUy appear. The said being brought before the har 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 hira in said complaint; — whereupon the court did award and sentence the said that he pay a fine of £1200, lawful money, to the Treasurer ofthe State, and to be coraraitted to goal, there tobe held in close confinement for the term of two raonthsfrora the date hereof and pay cost ofprosecution, taxed at £79 : 8, and executio"n go forth accordingly. SUPREME COURT. 555 At a Superior Court holden by adjournraent] in Bennington, on the -Siiird Tuesday of August, A. D. 1780. Present: — Moses Robinson, Esj. Chief Judge. John Fassett, Esq. ? „. , , , Jeremiah Clark, Esq. \ ^'^' •^'"^^^*- Freemen versus . Stephen R. Bradley, States' attorney pro tem. within and for said eounty, exhibited coraplaint 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 governraent, did defarae the authority, magistrates and judges,* endeavoring to bring the same into conterapt, and was guilty of spreading false news, &c.t and other atrocious crimes against the State has been guilty of, against the peace and dignity of the freeraen thereof; — as per complaint on file raay more fully appear. The said being brought before the bar of said court, and called upon to plead to said inforraation, plead not guilty, and for trial put him self upon the country : — The jury erapannelled 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 ofthe facts charged in said coraplaint, 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 .A^ugust, 1781. Present : — Moses Robinson, Esq. Chief Judge. '' John Fassett, Esq. '\ Paul Spooner, Esq. \ a - ., ,. t j T AT EI > Assistant Judges. Increase Moseley, Issy. C ° John Throop, Esq. j Freemen versus . The grand jurors within and forthe county of Bennington, exhibited an indictment to the superior court that of Pittstownin the county of Bennington, did, at Pittstown, in the county aforesaid, on or about the last day of July, 1781, traiterously kn6w 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 raore 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 erapannelled and sworn to try said cause, were as follows, viz : , which said juryre- turned the following verdict, — ^that the said was guilty of the facts charged against him in said ind^ictraent ; whereupon the court gave sentence that the said pay a fine of £30, lawful raoney, and be ira prisoned six raonths. * .See aot fo« the punishment of defamation, page 382. f See act for the punishment of lying, page 309. * See act in addition loan act against high treason, page 4 ID. 556 PROCLAMATION OF PARDON. At a Special Superior Court, holden at Westrainster, in the county of Windhara, on Thursday the 12th day of September, A. D. 1782. Present : — Moses Robinson, Esq. Chief Judge. Jonas Fay, Esq. j John Fassett, Esq. > Assistant Judges. Paul Spooner, Esq. ) Freemen versus Jos. Peck. The grand jurors from the body of the county of Windhara exhibited an indictraent to the court, that Jos. Peck of Guilford in the county of AVindham, not being a continental officer, did, after the first day of Sep teraber, 1779, viz, on the first day of July last, accept and hold a raili tary office, not derived frora 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 raore hilly 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 erapannelled and sworn, returned the following verdict, viz : — that the said Peck was not guUty ; — whereupon the court gave judgraent that the said Peck pay^cost of prosecution,t &nd stand coraraitted untU judgraent be complied with. PROCLAMATION OF PARDON. By His Excellency THOMAS CHITTENDEN, Esquire, Governor, Captain-General, and Commander in Chief in andover the State of Vermont : ^ PROCL^MATIOJSf. 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 governraent, not consid ering that all power originates frora the people, whose voice is the voice of God, and building on a false hypothesis, that a public acknowledg ment of the powers ofthe earth is essential to the existence of a distinct, separate State ; but raore 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 persnns from exercising authority, Lepage 389. t S^e act in alteration of ao act concerning delinquents, page 423. PROCLAMATION OF PARDON. 557 who, acting under pretence of power assuraed by a neighboring State, never derived frora God or nature, being raostly enemies to the prosperity of Araerica, have imposed their tenets upon the credulous, whereby raany have been led to follow their pernicious ways, in consequence of which, many of ray faithful subjects have been influenced to oppose the autherity 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 wherens the supreme authority of this State are ever willing to alleviate the miseries ofthose unhappy subjects who act through mistaken potions, and remit the penalties thereof ; and inasrauch as the tares in this world cannot be separated frora the wheat, without punishing the righteous with the wicked : — I have thought fit, by and with the advice of my CouncU, and at the desire of the representatives in General Court asserabled, to declare this ray 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 aU public ofl'ences, crimes and misdemeanors, heretofore coraraitted within the limits of this State against the honor and dignity df the ii-eeraen thereof; reraitting to all and singular the person or persons aforesaid, all penalties incurred for breaches of the peace, — such as riots, mobs, tumul tuous asserablies, 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, inforraed against, or com plained of, for any of the offences aforesaid, may plead this act in dis charge thereof Provided, nothing herein contained, be construed to extend to any person against whom judgraent 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 deterrain ed to carry into execution every good and wholesorae law made by the freeraen ofthis State. At the sarae tirae, I do assure the subjects that it is not the design of their rulers to take frora any the peaceable enjoyment of his own possessions, acquired by the sweat of his brow, — whatever false hoods, wicked, designing raen raay have spread, to disquiet the rainds of the faithful suhjects of the State of VerraOnt. Given under my hand and seal at arnlis, in Windsor this third day of June, I770.t * His Excellency, probably had reference to the disturbances in Cumberland county. See page 106-3 f This proclamation is copied from what appears to have been the original draft found in the office ofthe Secretary of State Though unauthenticated by the Gov^rnor'j signa- ture, it is presumed to have been promulgated, substantially as it is hert^ given '; as we find it noticed in the journal of the General Assembly, under date of June 4, 1 7-; 9, as follows—'- Resolved, that his Excellency be requested to issue a proclamation of pardon to all rioters, S(c. ; which proclam-ation was read and approved of." 558 GdVERNOR's SPEECH. GOVERNOR'S SPEECH. OCTOBER, 1779.* [ Gentlemen of the Council and Assembly : The honM- conferred on rae by the freeraen of this State, in ap pointing rae their chief magistrate, deraands a return of my warmest thanks : at the sarae tirae, I regret my inabiUties to support the character of so iraportant a station. Notwithstanding, as ray appointraent appears so unaniraous, it affords rae the highest satisfaction, and is to me a con firmation of their general approbation of ray former conduct ; therefore, I shall consider it ray duty to serve the ensuing year, and by Divine as sistance, shall labor to continue an equal, steady firraness, and irapartial adrainistration of justice, which has hitherto governed ray conduct ; re lying on the candor and assistance of ray Council and the Legislature for ray support. Gentlemen : The Legislature having constitutionally raet, I cannot forbear ex pressing to you ray highest satisfaction in the many great and important advantages arising from the due execution and careful adrainistration 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 governraent; the latter of which we tkily experience. And I most earnestly recoraraend to all raagistrates, and others in authority un der rae, together with the freeraen 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 raaintaining their cora raon rights ; which cannot fail to recommend this State to the impartial world. At the sarae tirae am unhappy to inforra you that, notwithstand ing the generous and lenient raeasuresi with which the disaffected inhabi tants in the lower part of Curaberland county,! '^^^^ ''^^'^ indulged, yet they continue in their unjustifiable obstinacy against the authority of this State; I shall, however, recoraraend the suspension of the lawsy intend ed to have been executed on those offend^s, at present, in consequence of a letter received from his Excellency John Jay, Eqsuire, Presi dent of Congress, inclosing certain acts^^ passed by that honorable board, relating to a final settleraent of all difference subsisting between * This speech is copied from the original, found in the oflice ofthe Secretary of Stat^, and filed as follows :— " A speach of His Excellency Thos. Chittenden, Es^. I4th Octo ber, 1779." f See Governor's proclamatirn, page 556. I For some acctunt of the disaffection in Cumberland County, here referred to, see page 106-n. II The law probably here alluded to, may be found, page 389. 5 See the acts here referred to, and the proceedings of the Legislature of Vennont thereon, page 110-14. CONFISCATION OF ESTATES. 559 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 tirae. Their pi-oceedings I shall" now lay before you for your perusal and approbation ; which, I hope, wiU prove satisfactory. From every circurastance, 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 issue. 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 eneray, while they have been perrakted to execute their horrid vengeance on raany of the innocent inhabitants of the different parts of the continent ; which, in sorae 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 Noveraber next, you will be careful to make such provisions for future defence, as your wisdora shall direct. Gentlemen of the Assembly : I shall, frora time to time, during the session, digest and communi cate to you, such other raatters as shall appear to rae to require your at tention, in a full confidence tiiat the same zeal to promote the coraraon cause, for which the inhabitants of this State have hitherto been distin guished, wiU be equally conspicuous in your deliberations. THOS. CHITTENDEN. COJVFISCATION OF ESTATES, The confiscation of estates forras a prominent feature in the early his tory of the governraent of Verraont. This extraordinary power seeras to have been exercised at a very early period,* and was continued during * nuraber of years after the governraent was organized under the Consti- tntion.t The compiler has been unable to find the records ofthe " Court of confiscation,"! or any papers connected wkh ks proceedings, except the few which here follow, which have been discovered araong the an cient files in his office, and which seera to have found their way there * See Journal of the Council of Safety. t See page 406. } See note, p age 530. 360 CONFISCATION OP ESTATES. rather by accident than otherwise. These papers, however throw con 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 ofthe Representatives ofthe freemen of the State of Verraont, did, at their last session,t order the confiscation and sale of the estates, hoth 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 ofthis State and the members ofthe CouncU, 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 coraraissioner to seU said lands, &c. you are hereby authorised and fully irapowered, to sell at pub lic vendue, or at private sale, all or any such lands, iraproveraents, pos sessions, houses, mills or other buildings, or such part of thera 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 ofthis State.' You will give deeds in the narae, and in behalf of the representatives of the freemen ofthis State. If the title was derived from the government of i^ew 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 ira proveraent only. If the forfeiter had his title from the governraent of New- York, and there is no other grant or claira on the lands, you will warrant the preraises from all clairas under New-York. You will not sell on any other terras than for cash down ; except you first have liberty in writing, frora this coi.rt. 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 coraraissioners of sequestra tion, let out to any person or persons, for any term of tirae, you will sell, under such incurabrances ; making such reserves as will be necessary to keep good the bargain or lease of said commissioner of sequestration. You will take aU proper means to raake public that you have such lands to seU. 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 sorae other of the * With tliis commission has been fonnd another, drawn in tlie same form, directed to Th' mas Clinndler. jun. E-^q. as ccmmissioiier for the county of Cumberland, signed, " Thoinns Cl:iltenden, Governor," and dated Fennington, February '.J3, 1779. -j- See page 2fi7. CONFISCATION OF ESTATES. 561 commissioners of sale of lands, who shaU 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 ofthe coramissioners for sale of lands, lying in any partof the county of Bennington, under the "same restrictions and regulations, as you are, by this commission, authorised to seU in Bennington probate district. You will take care to ascertain the bounds and quantity of lands you sell, in the deeds you give. You wUl 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 hereby erapowered, by a sumraon or warrant, to call him or them before sorae assistant, judge of court or justice of peace, or chairraan of coraraittee, and exaraine hira or thera, under oath, relative to the matter. You wUl take a certificate, on oath, frora the persons to whora you sell lands, &c. certifying the exact sum or sums of raoney they pay. unto you 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 wUl raention 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 frora such sales, together with such raoneys 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 ofthe estate ofany of the aforesaid persons, you will apply to the Governor ofthis State or anyone meraber of this court, who shall appoint two respectable freeholders of this State, coraraissioners, who shall advertise the creditors of said estate or estates, in the Hertford news paper, three weeks successively, at least One raonth before they shall raeet, ofthe tirae and place of their raeeting; tbeir 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 coraraissioners will proceed to receive and examuie the ac counts against said estates, and deterraine the just debts due from such estate or estates, and a true list of thera to you deliver ; which list, to gether with a list of the coUectable debts due to the forfeiter, you will forthwith transrait to the treasurer of this State. Said raeeting you will attend in behalf of this State. Said commissioners to be paid a reasonable reward for their service. You wiU keep a just and true account of the time and money you spend in performing the business herein enjoined on you; and exhibit the sarae to this court for settlement. Given under my hand in Arlington, AprU 30, 1778. THOS. CHITTENDEN, President of ihe Court of Confiscation. Attest, M. Lyon, Clerk. [Note. — Here follow the names of fifteen persons, constituting the list mentioned in the foregomg commission.] Y 3 562 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 ofthe 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 ,pstates hereafter naraed, 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 crirainaUty : — 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 Sraith, coramissioners to make sale of said estates, (except so rauch as is hereafter excepted) and audit the accounts which raay be brought against the several estates, under the direction of the judge of probate ofthe district in which said estates he ; who is hereby directed to raake return, both of the raoney received and accounts exhibited, to the CouncU of said State, under oath of office ; and to administer the oath of oflice to the said coramissioners ; and either of said coramissioners are hereby erapowered to adrainister oaths to any person who shall offer said accounts' for settlement; 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 commissioners, 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 VerMon* — Bennington ss., Arlington, June 9, 1780. To the Sheriff of the County of Bennington : Agreable to a resolution ofthe Court of Confiscation, you are here by commanded to dispossess the persons who are in possession of the farra formerly the property of the Reverend , who has joined the eneray, and whose estate has been confiscated to the use of this State; which farm lies in Pownal, and was sold by John Burnham, Jun. com- * Here follow the names of eiateen persons whicb we have omitted, for the reason suggested in note, page 35J. COL. ETHAN ALLBJn's COMPLAINT. 563 missionjer for sale of lands, to Daniel Story ; and you are, if need be, to take to your assistance the posse commitatus, to put said Story in posses sion of said farm. Ofthis writ and your doings hereon make due return. Given under ray hand, per order of the Court. M. LYON, Clerk of the Court of Confiscation. On the foregoing writ, appears the following endorsement. Bennington, June 21, 1780. Then personally served the within writ by dispossessing Withrel Wit tura and Mallaca Wittum, and put Daniel Story in possession, according as the within writ directs, and left a trew attested coppy with the said Witturas. Per, BENJAMIN FAY, Sher^. ETHAN ALLEN'S COMPLAINT.* Bennington County, ss. — Arlington, 9th of January, 1779, To the Honorable the Court of Confiscation, coraes Col. Ethan Alien, in the narae of the freemen of this State, and complaint raakes that Levi Allen,t late of Salisbury, in Connecticut^ is of Torey principles, and holds inr fee, sundry tracts and parcells of land in this State. The said Levi has been detected in endeavouring to supply the enemy on Long Island, and in attempting to circulate counterfeit continential currency, and is guilty ©f holding treasonable corrispondence with the enemy, under cover of doing favours to rae, when a prisoner at New- York, and Long Island ; — and in talking, and useing influence in favour of the eneray, associateing with iniraical persons to this country; and with them monopolizing the necessaries of life, in endeavoring to lessen the credit of the continential currency, and in particular, hath exerted hiraself in the raost falacious manner, to injure the property and character of some of the raost zealous fi-iends to the independency of the United States, and of this State like wise ; all which inimical conduct is against the peace and dignity ofthe freemen of this State : I therefore pray the Honorable Court to take the matter under their consideration, and make confiscation of the estate of said Levi before mentioned, according to the laws and custoras of this State in such case made and provided. ETHAN ALLEN. * A literal copy of the original, in the hand writing af Ethan Allen. f Levi Allen was a brother of the complainant ! 364 LISTS OP GOVERNORS, AND JODOES LIST OF GOVERNORS OF VERMONT, FROM THE tfeAR 1778, TO THE YEAR 1822. Names of Governors. Thomas Chi-ttenden, MosEs Robinson, Thomas Chittenden, Isaac Tichenor, Israel Smith, Isaac Tichenor, Jonas Galusha, Marti ~ Chittenden, Jonas Galusha, Richard Skinner, Commencement of Service. Expiration of Service, February, 1778, October, 1789, October, 1789, " 1790, 1790, (died) August, 1797, October, 1807, Ci 1790, ce 1797, a 1807,