without the amendment. Voted, to accept the sixteenth do. do. Doct. Reuben Jones dissentinent. Voted, to accept the seventeenth Voted, to accept the eighteenth Voted, to accept the nineteenth do. do. Doct. Jones and Capt. Cochran, dissentinents. do. do. Voted, to accept the twentieth Voted, to accept the twenty-seventh do. And that all bonds, notes and obligations on interest, clear of debt, with cash on hand, be taxed in like manner with other articles in this bill. Assembly adjourned until three o'clock in the afternoon. Assembly met, according to adjournment. The report of the committee appointed out of this House, to devise measures for raising men to defend the frontiers, by filling up Col. Warner's regiment or otherwise; which, being read and amended, was put to vote, and passed in the affirmative. A form of a proclamation for a fast, was presented to this House by the Secretary, and read,-was put to vote, and passed in the affirmative; the day was specified, the third Wednesday of April next. Voted, that Capt. Curtiss, Capt. Fassett, Col. Barrett, Capt. John Smith and Mr. Alverd, be a committee to form a plan, prescribing in what manner, or what measures to take, to raise the men above men tioned. A bill was presented to this House by the Council, relative to their paying the surgeons for dressing the wounds of the soldiers of this State, that was wounded in the Bennington action-being read and debated, was put to vote, and passed in the affirmative. Assembly adjourned until to-morrow morning, eight o'clock. Tuesday, March 24, 1778. Assembly met, according to adjournment. Voted, that the men voted to be raised by this State, yesterday, be an nexed to Col. Seth Warner's regiment. Voted, that the line between Bennington and Rutland shires, be the north line of Dorset and Tinmouth. Voted, that the division line of the two shires on the east side of the mountains, be the ancient county line. Voted, to accept of the bill presented to this House by the Council, relative to giving Capt. Gallop liberty to dispose of some tory land, on certain conditions therein mentioned. Assembly made choice of Gen. Jacob Bailey, first judge, Mr. Jacob Burton, second, Mr. William Heaton, third, Mr. Reuben Foster, fourth, and Capt. John French, fifth, judges for the shire of Newbury ;-Major John Shepherdson, first, Mr. Stephen Tilden, second, Hubbel Wells, Esq. third, Deacon Hezekiah Thomson, fourth, and Nathaniel Robinson, Esq. fifth, judges for the shire of Westminster;-Major Jeremiah Clark, first, Capt. Samuel Rebinson, second, Lieut. Martin Powel, third, Capt. John Fassett, jun. fourth, and Lieut. Thomas Jewett, fifth, judges for the shire of Bennington,-and Joseph Bowker, Esq. first, Major Hebar Allen, second, Charles Brewster, third, Capt. John Starks, fourth, and Capt. Jonathan Fassett, fifth, judges for the shire of Rutland. Assembly adjourned until two o'clock, afternoon. Assembly met, according to adjournment. Voted the act for regulating town meetings. Voted the act relative to catching fish in White River. Voted, to submit the drawing the lines of defence, in the northern department, unto the Governor and Council. Passed an act, specifying the lines of the probate districts. Voted, that the fees of the court of probate, be three times as much as established in the Connecticut law. Voted, that his honor, the Deputy Governor, have the same wages, per day, as a Councillor. Voted, to accept the report of the committee relative to raising the troops in this State. Voted, to postpone the county elections for the present. Voted, that Capt. Curtis, Mr. Cephas Kent, and Ensign Harris, be a committee to form a bill, in what manner and form to elect the probate judges. Voted, that Capt. John Smith and Capt. John Coughran, have leave of absence for the present. Assembly adjourned until to-morrow morning, eight o'clock. Wednesday, March 25, 1778. Assembly met, according to adjournment. Voted, to allow the Secretary of this State, three times as much fees, for all business that he does, or may perform, except for memorials or petitions to the General Assembly, and he shall not be entitled to more fees for the petitions to this Assembly, than what is specified in the Connecticut law. Voted, 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 month. Also, the same addition shall be made to all the soldiers that are already inlisted into Col. Warner's regiment, that do belong to this State, from the first day of May next, to the last day of November next. Voted, to accept of the report of the committee relative to electing probate courts. Passed the bill impowering the Governor and Council to confer with the commander in chief, and to draw such lines of defence as they shall judge proper. Voted, to accept the report of the committee relative to raising men; the same to be laid before the Governor and Couucil. Assembly adjourned, until two o❜olock, afternoon. Assembly met, according to adjournment. Voted, to pass the militia bill, presented to this House by the Council, into an act of this Assembly. Voted, Capt. Jonathan Fassett, Col. Barrett, Major Fletcher, Capt. Curtiss and Mr. Harvey, be a committee to look out the papers passed by this House, that ought to be copied, and compare the same. Assembly adjourned, until to-morrow morning, six o'clock. Thursday, March 26, 1778. Assembly met, according to adjournment. Voted, that the Governor and Council be, and are hereby, impowered to act respecting tory lands, as they shall judge proper or advantageous to this State, and do justice to the persons that owned said lands. Voted, that the bill presented to this House by Lieut. Gov. Marsh, be postponed until the next session. Voted, that Capt. John Fassett, Col. Barrett and Capt. Curtis, be a committee to adjust all the accounts of the Representatives, and make report. Passed the bill impowering the Council to dispose of tory estates, and put the money into the treasury of this State. Passed an act for the punishing high treason and other atrocious crimes, as said act stands in the Connecticut law book. Passed an act against treacherous conspiracies, as said act stands in the Connecticut law book. Voted, that Capt. Thomas Rowley, Capt. John Fassett, and Lieut. Gideon Ormsby, be a committee to copy such of the proceedings of this Assembly, as are necessary for the inhabitants to know, at present, and furnish each town in the county of Bennington, with one copy of each, as soon as may be. Voted, that Capt. Curtiss, Doct. Amsden and Mr. Alexander Harvey, be a committee to copy such of the proceedings of this Assembly, as are necessary for the inhabitants to know, at present, and furnish each town in the county of Cumberland, with one copy of each, as soon as may be. Voted, that Col. Barrett, Ensign Harris and Mr. Alverd, be a committee to make alterations in the marriage bill :-the above vote is reconsidered. Voted, to accept of the report of the committee appointed to adjust the accounts of the representatives, sheriff, and constable, for this ses sion. Voted, that an order be given on the Treasury, to pay the tives, &c. agreeable to said report. representaVoted, that the sheriff and constable be allowed fifteen shillings per day, each, for their attendance. Voted, that his Excellency the Governor and Council be impowered to choose a committee out of their own body, to prepare matters to be laid before this House, at their next session. Voted, to adjourn this Assembly, until the first Thursday of June next, to meet at the house of Capt. Stephen Fay, of Bennington. NATHAN CLARK, Speaker. Attest, REUBEN JONES, Assistant Clerk. JOURNAL, &c. JUNE, 1778. Thursday, June 4, 1778. The General Assembly of the State of Vermont, met at Bennington, at the house of Capt. Stephen Fay, according to their adjournment from Windsor, the 26th of March last; and opened in form. Voted, that Col. John Barret be, and is hereby, appointed Clerk, pro tempore. Assembly adjourned, until to-morrow morning, eight o'clock, then to meet at the meeting-house. Assembly met, according to adjournment. Friday, June 5, 1778. Voted, that the Rev. Mr. Dewey be presented with the compliments of this House, to desire him to pray with this Assembly, at their opening in the morning, for this present session. Assembly adjourned, until two o'clock, afternoon. Assembly met, according to adjournment. Voted, to accept the prayer of William Haviland's petition, and that a committee be appointed to examine into the premises contained in said petition, and make report to this House. Voted, that Capt. John Fassett, Mr. John Burnham and Mr. Jonathan Waldo, be a committee for the above purpose. Voted, that the petition of the inhabitants of Pownall, be taken into consideration, and that a committee be appointed to report their opinion concerning the same. Committee chosen,-Lieut. Jewett, Capt. John Fassett and Ensign Harris. Voted, to take into consideration the difficulties attending the fishery in White River. Voted, that the special courts appointed in the several shires in this State, are not deemed county courts, agreeable to an act* passed in this Assembly, at their session in March last, relating to fishing, &c. Assembly adjourned, until to morrow morning, eight o'clock. Saturday, June 6, 1778. Assembly met, according to adjournment. Passed an act permitting gates to be erected on the Albany road, in Pownall. oted, that the petition presented to this House by David Redding,t be taken into consideration; and that a committee of five be appointed to prepare a bill, in consequence of said petition, &c. Comittee chosen, Mr. Webb, Mr. Alverd, Capt. John Fassett, Ensign Harris and Major Olin. Assembly adjourned, until two o'clock, afternoon. Assembly met, according to adjournment. Voted, that the petition of William Haviland be withdrawn. * "Within the meaning of an act," will make this vote intelligible. It seems that David Redding had been convicted of "enemical conduct,” and sen tenced to be executed on the 4th day of June, The curiosity which, not much to the honor of human nature, has ever been manifested on such occasions, was, on this, greatly heightened by the fact, that a public execution had never been witnessed in Vermont. To this curiosity, was added the strong feeling of indignation which such a crime was calculated to excite, at that period Under the influence of these feelings, a vast multitude collected to witness the execution In the mean time, however, the learned Council had discovered an important defect in the proceedings Redding had been tried by a jury of six only; and it was very unfortunately discovered, that this was contrary to the common law of Great Britain. which required the verdict of twelve. Application was immediately made to the Governor and Council for a reprieve, until a new trial could be had The reprieve was granted‡ at the moment the anxious throng were collecting to witness the execution. With such a multitude, and on such an occasion, it was in vain to reason or talk of the rights of Englishmen They had all pronounced the culprit guilty, and were not in a condition to understand upon what principle the verdict of the whole community could be set aside, with so little ceremony While they were agitated with mingled emotions of disappointment and indignation, ETHAN ALLEN, suddenly pressing through the crowd, ascended a stump, and waving his hat-exclaiming—“ attention the whole"-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 of the Governor and Council;-adding, with an oath, You shall see somebody hung, at all events, for if Redding is not then hung, I will be hung myself!" Upon this assurance, the uproar ceased, and the multitude dispersed. Redding was again tried on the 9th of June, and executed on the eleventh. The foregoing anecdote has been often related to the editor by those who were eye witnesses of the scene; and accords too well with the spirit of the times, and the well known character of Ethan Allen, to leave a doubt of its authenticity. See the act of the Governor and Council, page 239 |