At a Superior Court holden by adjournment] in Bennington, on the third Tuesday of August, A. D. 1780. Present:-MOSES ROBINSON, Esq. Chief Judge. JEREMIAH CLARK, Esq. Freemen versus Side Judges. Stephen R. Bradley, States' attorney pro tem. within and for said county, exhibited complaint to said court that of Shaftsbury, in said county, not having the fear of GOD before his eyes, but being actuated by the devil, in violation of the obligation he was under to the State, and endeavoring to subvert government, did defame the authority, magistrates and judges,* endeavoring to bring the same into contempt, and was guilty of spreading false news, &c. and other atrocious crimes against the State has been guilty of, against the peace and dignity of the freemen thereof;—as per complaint on file may more fully appear. The said -being brought before the bar of said court, and called upon to plead to said information, plead not guilty, and for trial put himself upon the country :--The jury empannelled and sworn to try said. cause, according to law, were as follows, viz: which jury returned the following verdict-having found the said delinquent guilty of the facts charged in said complaint, brought him in guilty. Whereupon, the court did award and sentence the said to pay a fine of £1200 to the Treasurer of this State, and be disfranchised. At a Superior Court holden at Bennington, on the fourth Tuesday of August, 1781. Present:-MOSES ROBINSON, Esq. Chief Judge. JOHN FASSETT, Esq. PAUL SPOONER, Esq. Assistant Judges. INCREASE MOSELEY, Esq. JOHN THROOP, Esq. Freemen versus The grand jurors within and for the county of Bennington, exhibited an indictment to the superior court that of Pittstown in the county of Bennington, did, at Pittstown, in the county aforesaid, on or about the last day of July, 1781, traiterously know that certain persons, then at open war with this, and the United States, were lurking about in the woods, and among the houses of disaffected persons, &c. ; as per indictment on file may more fully appear. The said being brought before said court and called upon to plead to said indictment, plead not guilty, and for trial put himself on the country. The jury empannelled and sworn to try said cause, were as follows, viz: which said jury returned the following verdict,--that the said was guilty of the facts charged against him in said indictment; whereupon the court gave sentence that the said. pay a fine of £30, lawful money, and be imprisoned six months. *Sie net for the punishment of defamation, page 382. + See act for the punishment of lying, page 309. See act in addition to an act against high treason, page 413. At a Special Superior Court, holden at Westminster, in the county of Windham, on Thursday the 12th day of September, A. D. 1782. Present:-MOSES ROBINSON, Esq. Chief Judge. JONAS FAY, Esq. JOHN FASSETT, Esq. PAUL SPOONER, Esq. Freemen versus Jos. Peck. Assistant Judges. The grand jurors from the body of the county of Windham exhibited an indictment to the court, that Jos. Peck of Guilford in the county of Windham, not being a continental officer, did, after the first day of September, 1779, viz, on the first day of July last, accept and hold a military office, not derived from the authority of this State,* viz: the office of captain in the militia in the town of Guilford, under the authority of NewYork; as per indictment on file may more fully appear. The said Jos. Peck being called to the bar and being put to plead, plead not guilty, and for trial, put himself on the country. The jury being empannelled and sworn, returned the following verdict, viz:that the said Peck was not guilty;-whereupon the court gave judgment that the said Peck pay cost of prosecution, and stand committed until judgment be complied with. PROCLAMATION OF PARDON. BY HIS EXCELLENCY THOMAS CHITTENDEN, ESQUIRE, Governor, Captain-General, and Commander in Chief in and over the State of Vermont : A PROCLAMATION. WHEREAS, Sundry persons, inhabitants of this State, forgetting that great tie of allegiance that ought to bind every subject to a faithful obedience to that power which protects life, liberty and fortune, being instigated, partly from their own mistaken notions of government, not considering that all power originates from the people, whose voice is the voice of GOD, and building on a false hypothesis, that a public acknowledgment of the powers of the earth is essential to the existence of a distinct, separate State; but more especially deceived and led on by certain persons ordained of old to condemnation, who have crept in privily, to spy out and overthrow the liberty of Vermont, purchased at the dearest rate, *See act to prevent persons from exercising authority, &c. page 389, See act in alteration of an act concerning delinquents, page 423. who, acting under pretence of power assumed by a neighboring State, never derived from GoD or nature, being mostly enemies to the prosperity of America, have imposed their tenets upon the credulous, whereby many have been led to follow their pernicious ways, in consequence of which, many of my faithful subjects have been influenced to oppose the authority of this State,* and obstruct the course of civil law, thereby incurring the penalties of the law of society, which requires obedience to the powers that are. And whereas the supreme authority of this State are ever willing to alleviate the miseries of those unhappy subjects who act through mistaken notions, and remit the penalties thereof; and inasmuch as the tares in this world cannot be separated from the wheat, without punishing the righteous with the wicked : I have thought fit, by and with the advice of my Council, and at the desire of the representatives in General Court assembled, to declare this my gracious design of mercy; and do hereby publish and declare to all person or persons residing within this State, a full and free pardon of all public offences, crimes and misdemeanors, heretofore committed within the limits of this State against the honor and dignity of the freemen thereof; remitting to all and singular the person or persons aforesaid, all penalties incurred for breaches of the peace,-such as riots, mobs, tuniultuous assemblies, contempt to, and opposition of, authority;-excepting only, the crimes of high treason, and misprisons of treason, against this, or the United States-and all persons indicted, informed against, or complained of, for any of the offences aforesaid, may plead this act in discharge thereof. Provided, nothing herein contained, be construed to extend to any person against whom judgment has been already rendered; nor to bar any person from recovering private damage,―any thing contained herein, to the contrary notwithstanding. And I do further recommend, and enjoin upon every denomination of men, strict obedience to the laws; as the executive authority are determined to carry into execution every good and wholesome law made by the freemen of this State. At the same time, I do assure the subjects that it is not the design of their rulers to take from any the peaceable enjoyment of his own possessions, acquired by the sweat of his brow,-whatever falsehoods, wicked, designing men may have spread, to disquiet the minds of the faithful subjects of the State of Vermont. Given under my hand and seal at arms, in Windsor this third day of June, 1779.† * His Excellency, probably had reference to the disturbances in Cumberland county. See page 106-8 This proclamation is copied from what appears to have been the original draft found in the office of the Secretary of State Though unauthenticated by the Governor's signature, it is presumed to have been promulgated, substantially as it is here given; as we find it noticed in the journal of the General Assembly, under date of June 4, 1779, as follows Resolved, that his Excellency be requested to issue a proclamation of pardon to all rioters, &c.; which proclamation was read and approved of," GOVERNOR'S SPEECH. OCTOBER, 1779.* Gentlemen of the Council and Assembly: THE honor conferred on me by the freemen of this State, in appointing me their chief magistrate, demands a return of my warmest thanks at the same time, I regret my inabilities to support the character of so important a station. Notwithstanding, as my appointment appears so unanimous, it affords me the highest satisfaction, and is to me a confirmation of their general approbation of my former conduct; therefore, I shall consider it my duty to serve the ensuing year, and by Divine assistance, shall labor to continue an equal, steady firmness, and impartial administration of justice, which has hitherto governed my conduct; relying on the candor and assistance of my Council and the Legislature for my support. Gentlemen: The Legislature having constitutionally met, I cannot forbear expressing to you my highest satisfaction in the many great and important advantages arising from the due execution and careful administration of the laws, since they took place, and cannot but rejoice when I reflect on the infinite difference between a state of anarchy, and that of a well regulated government; the latter of which we daily experience. And I most earnestly recommend to all magistrates, and others in authority under me, together with the freemen over whom I have the honor to preside, to persevere and let their conduct be uniformly just, and upright, and encourage one another to unite in the supporting and maintaining their com mon rights; which cannot fail to recommend this State to the impartial world. At the same time am unhappy to inform you that, notwithstanding the generous and lenient measures with which the disaffected inhabitants in the lower part of Cumberland county, have been indulged, yet they continue in their unjustifiable obstinacy against the authority of this State; I shall, however, recommend the suspension of the laws intended to have been executed on those offenders, at present, in consequence of a letter received from his Excellency John Jay, Eqsuire, President of Congress, inclosing certain acts passed by that honorable board, relating to a final settlement of all difference subsisting between. *This speech is copied from the original, found in the office of the Secretary of State, and filed as follows:-"A sprach of His Excellency Thos. Chittenden, Esq. 14th October, 1779," + See Governor's proclamation, page 556. For some account of the disaffection in Cumberland County, here referred to, see Page 106-9. The law probably here alluded to, may be found, page 339, See the acts here referred to, and the proceedings of the Legislature of Vermont therec, page 110-11. this and the adjacent States, which I now submit to you for your consideration; a subject of the greatest importance, and demands your most serious attention. Your agents to Congress have attended, agreeable to their instructions, from time to time. Their proceedings I shall now lay before you for your perusal and approbation; which, I hope, will prove satisfactory. From every circumstance, I think we have the highest reason to believe that from the efforts of our agents and the interposition of Congress, our unhappy disputes with the neighboring States, will soon terminate in a final and happy 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 enemy, while they have been permitted to execute their horrid vengeance on many of the innocent inhabitants of the different parts of the continent; which, in some measure, proves the approbation of Heaven to our Independence, and justifies the measures pursued to support and defend it. As the time for which the troops now in service, are engaged, expires the middle of November next, you will be careful to make such provisions for future defence, as your wisdom shall direct. Gentlemen of the Assembly: I shall, from time to time, during the session, digest and communicate to you, such other matters as shall appear to me to require your attention, in a full confidence that the same zeal to promote the common cause, for which the inhabitants of this State have hitherto been distinguished, will be equally conspicuous in your deliberations. THOS. CHITTENDEN. CONFISCATION OF ESTATES. The confiscation of estates forms a prominent feature in the early history of the government of Vermont. This extraordinary power seems to have been exercised at a very early period,* and was continued during a number of years after the government was organized under the Constitution. The compiler has been unable to find the records of the "Court of confiscation," or any papers connected with its proceedings, except the few which here follow, which have been discovered among the ancient files in his office, and which seem to have found their way there |