In Council, Windsor, 12th March, 1778. This Council do recommend to the several gentlemen appointed by the freemen of the several towns within this State, to represent them, in General Assembly, to assemble at the town house in this place, immedidiately, and to form a House of Assembly, by choosing a Speaker and Clerk; and make report of your proceedings hereon, as soon as may be, to this Council. By order of Council, THOMAS CHITTENDEN, President. In Council, Windsor, 12th March, 1778. To John Benjamin, gentleman. Whereas, a number of the inhabitants of this State, are now met together, in this place, appointed by the freemen of the several towns within the same, in order to form a House of Assembly;-and whereas it is found hecessary that some person be appointed to act in the capacity of a Sheriff;-You are therefore, hereby appointed, authorised and empowered, in the capacity of Sheriff, during the session of this present Assembly, unless sooner discharged; and to subject yourself to such rules and orders as you shall, from time to time, receive from this, or a future Council of this State; for which this shall be your sufficient warrant. By order of Council, Attest, Jos. FAY, Sec'y. THOMAS CHITTENDEN, President. THE government of Vermont commenced its operations under the Constitution, on the 13th of March, 1778. As the principal power was, by the Constitution, vested in the General Assembly-whose journal will be found in a subsequent part of this volume-it is deemed unimportant to publish the journal of the Governor and Council. For the purpose, however, of exhibiting some of the powers exercised by that branch of the government, immediately after its organization under the Constitution, we extract the following from its journal. To Capt. Ebenezer Wallace, In Council, Arlington, April 10, 1778. Sir-You are hereby required to call to your assistance, two sufficient, able bodied, effective men, and such as you can repose the greatest trust and confidence in, and with them, immediately to proceed to the green mountain, east of this place, and from thence you are to proceed to the north, and to search the woods, critically and diligently; and, in case you, or either of your party, shall make discovery of any person or persons, who have voluntarily heretofore gone over to the enemy, and are now within this State, as spies, or otherwise, that you secure any such person or persons, and him or them bring, forthwith, before this board, to be further dealt with, according to law. And you are hereby author ised and empowered to call to your assistance, such of the militia of this State, as you may, from time to time, find necessary, to carry this measure into effectual execution;-and if, at any time, you should find necessary, you are to immediately post away the intelligence of your situation, and the discoveries you have made, to the Governor of this State. And you are hereby further directed and empowered to administer an oath of secrecy to the persons whom you shall take to your assistance; and you are likewise, to secure any other person or persons, whom you may judge to be enemies to this or the United States of America. Attest, M. LYON, D. Sec'y. THOMAS CHITTENDEN. In Council, Arlington, 24th April, 1778. To Abram Mattison, Pownal. Whereas, it has been represented to this Council, by Austin Sealey, that you have taken from him a cow and calf, which is either the property of this State, or his son;-this is therefore to request, and order, you to deliver the cow and calf to said Sealey, or to appear before this Council to give the reasons why you withhold said cow and calf, forthwith. By order of Governor and Council, MATTHEW LYON, D. Sec'y. In Council, Arlington, 25th April, 1778. Mr. Joseph Smith is to sell the wheat that he has seized, formerly the property of now stored at widow Peters', and pay Mr. Sprague two pounds, five shillings and six pence, lawful money, and as much to himself; and the remainder to send by a safe hand to the Treas urer of this State, as soon as may be ;--the money to be paid to Mr. Sprague and Mr. Smith, is for travel to Bennington, and giving evidence against said By order of Governor and Council, To Capt. Jesse Sawyer, MATTHEW LYON, D. Sec'y. In Council, Arlington, 28th May, 1778. You are hereby directed to engage five soldiers to go with you in search of enemical persons, to the north of this, in such places as you shall think proper, and make returns of your proceedings, within six days, to this Council. THOMAS CHITTENDEN, Governor. Attest, MATTHEW LYON, D. Sec'y. Whereas, it has been represented to this Council, that the wife of * late of Manchester, (now in arms with the enemy,) is very turbulent and troublesome, where she now is, and refuses to obey orders;- * See note, page 198. To Stephen Washburn, Sir-You are hereby commanded to take said woman, and her children that are now in Manchester, and transport them to head quarters at Rutland, and there deliver them to the commanding officer, who will order a party of the men under his command to transport and guard them to some convenient place, on the east side of Lake Champlain, where she can go to the enemy, in order to get to her husband; and also take, of her moveable estate, formerly the property of said, now in her possession, two feather beds and bedding, not exceeding eight sheets, six coverlids or blankets, five plates, two platters, two basons, one quart cup, and knives and forks, if he has such things, and her own, and her children's, wearing apparrel. The rest of the moveables, belonging to said estate, you will sell to the best advantage, in order to defray the charge of transportation of her family. You will keep exact accounts, and the overplus, you will pay to the Treasurer of this State. By order of Governor and Council, M. LYON, D. Sec'y. In Council, June 4, 1778. To Benjamin Fay, Esq. Sheriff of the County of Bennington. This Council have taken into consideration, this day, the petition of David Redding, now a prisoner, under sentence of death, and do hereby, in consequence, reprieve him the said David Redding, until Thursday next, the 11th instant June, precisely at the hour of two o'clock, in the afternoon of said day. You are therefore, hereby ordered to suspend his execution until that time. By order of Council, THOMAS CHITTENDEN. In Council, June 5, 1778. Col. Samuel Herrrick, Sir Yours of this days date, have received. In answer thereto, would inform you that Redding did petition the General Assembly of this State, for a re-hearing, inasmuch as he was tried by a jury of six men, only. The members of the Assembly not being come so fully before the time of his execution, so as to determine the matter, therefore, this Council have reprieved said Redding from being executed, until Thursday next, two o'clock, in the afternoon. This Council do not doubt, in the least, but that the said Redding will have justice done him, to the satisfaction of the public. By order of Governor and Council, THOMAS CHANDLER, JUN. Sec'y. In Council, June 9, 1778. Resolved, that Col. Ethan Allen be, and is hereby chosen to act in the capacity, and do the duty, of States Attorney, in the cause depending between this, the United States of America, and David Redding, a prisonet to be tried this day, for enemical conduct against this, and said United States. By order of the Governor and Council, THOMAS CHANDLER, JUN. Sec'y. In Council, Bennington, 17th June, 1778. Upon the petition of Lurania M'Clane, praying to be discharged from her late husband, John M'Clane, for certain reasons mentioned in her said petition; as by said petition, on file, may appear;-he the said John M'Clane, being notified, did not appear before this Council. This Council having considered the petition and the matter contained therein, with the evidences and their circumstances, do adjudge that the said Lurania, of right, ought to be discharged from the said John M'Clane, and he is hereby divorced; and therefore, resolve and declare that the said Lurania be discharged from him the said John M'Clane, and that she has a good and lawful right to marry to another man. By order of Governor and Council, THOMAS CHANDLER, JUN. Sec'y. CONSTITUTION OF THE STATE OF VERMONT, AS ESTABLISHED BY CONVENTION, JULY 2, 1777.* WHEREAS, all government ought to be instituted and supported, for the security and protection of the community, as such, and to enable the individuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever those great ends of government are not obtained, the people have a right, by common consent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness. And whereas, the inhabitants of this State have, (in consideration of protection only) heretofore acknowledged allegiance to the King of Great Britain, and the said King has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them; employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic domination of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress) whereby all allegiance and fealty to the said King and his successors, are dissolved and at an end; and all power and authority derived from him, ceased in the American Colonies. And whereas, the territory which now comprehends the State of Vermont, did antecedently, of right, belong to the government of New-Hampshire; and the former Governor thereof, viz. his Excellency Benning It is worthy of remark, that this Constitution was never submitted to the people for their approbation. It is stated by Ira Allen, in his history of Vermont, that the credentials of the members of the Convention, authorised them to form a constitution, but were silent as to its ratification; and that, owing to the unsettled state of public opin jon, it was thought hazardous to submit it, directly, to the decision of the people. It was, however, silently submitted to,-not only because a government, organized under even a defective constitution, was es teemed preferable to the unsettled state of things which bad so long existed, but because such organization seemed necessary to lay the foundation for a recognition of the sovereignty of Vermont, and her admission into the union. [See Thomas Young's address to the inhabitants of Vermont, page 76] For some account of the formation of this Constitution, the reader is referred to pages 79, 80, and 81, of this collection, |