among the free and independent States; and that delegates therefrom may be admitted to seats in Congress,' be dismissed. 66 RESOLVED, That Congress, by raising and officering the regiment, commanded by Col. Warner, never meant 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 alledged that they could soon raise a regiment, but were then unprovided for, might be reinstated in the service of the United-States. Whereas, a printed paper, addressed to the inhabitants of the district aforesaid, dated Philadelphia, April 11, 1777, and subscribed Thomas Young, was laid before Congress by one of the delegates of New-York, to which address is prefixed the resolution of Congress of the 15th May, 1776, and in which are contained the following paragraphs: I have taken the minds of several of the leading members of the honourable continental Congress, and can assure you, that you have nothing to do, but to send attested copies of the recommendation to take up government, to every township in your district, and invite all the freeholders and inhabitants to meet and choose members for a general convention, to meet at an early day to choose delegates for the general Congress and committee of Safety, and to form a constitution for yourselves. Your friends here tell me that some are in doubt, whether delegates from your district would be admitted into Congress. I tell you to organize fairly, and make the experiment, and I will ensure you success at the risque 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.' "Resolved, That the contents of the said paragraphs are derogatory to the honour of Congress, and are a gross misrepresentation of the resolutions of Congress therein referred to, and tend to deceive and mislead the people to whom they are addressed." [From the Documentary History of New York, Vol. 4, pp. 569, 570.] IN COUNCIL OF SAFETY for the STATE OF NEW YORK, Resolved that printed Copies of the Resolutions of the Honourable Continental Congress of the 30th of June last be transmitted to James Clay Esqr. Chairman of the General Committee of the County of Cumberland and delivered to Colonel Eleazer Patterson' and Major 1 1 Col. ELEAZER PATTERSON of Vernon should not be confounded (as the editor has unfortunately done once on page 299 of this volume,) with Sheriff William Patterson of Westminster, the chief actor in the "Massacre." Eleazer Patterson was a whig, one of the Committee of Safety of his town, assistant judge (under New York) of the inferior court of common pleas and of the court of oyer and terminer for Cumberland County, and colonel of the southern or lower regiment of militia in that county. He was a strong adherent to New York, suffered some for his zeal in that service, petitioned for remuneration with several others, but was refused.-See B. H. Hall's Eastern Vermont. John Wheelock,' and that they be requested to distribute the same throughout the eastern District of this State in such manner as will most effectually convey to the Inhabitants of the said District the Disapprobation of the Honble Continental Congress, of the Illegal Proceedings of their pretended Convention and their adherents and abettors. Extract from the Minutes, ROBT. BENSON, Secry REPORT OF JAMES CLAY THEREON. Presuant to the above Resolves, I have Carred and Sent to the Sub Committee, of every Town in the County, a number of the Continental Resolves in order that the Inhabitance might see them, with a desire as followeth Gentlemen These are to Desire you to call a Town meeting of the Inhabitance of your Town, in order to hear the Resolves of the Continental Congress, and to Chuse County Committee Men, if your Town hath not already Chosen, to meet at Westminster Court house, on the first Tuesday in September next, at Ten a Clock in the fournoon, in order to Tranceact the Publick Bisness of the County, and all other Matters that May Come before them.2 JAMES CLAY Chairman Putney, July ye 28, 1777. of the County Committee. The above is a True Copy of what was sent to the Towns. J. CLAY. WARRANT FOR THE ARREST OF JAMES CLAY. ESQ. IN COUNCIL OF SAFETY, STATE OF VERMONT, } To Jesse Burk, you are heareby Required to take the Body of Capt. James Clay of Putney and him safely keep so that you have him Before this Council to answer the complaints against him you are to take suitable assistance and make due Return of your proceedings herein at the same time for which this shall be your sufficient warrant. 2 By order of Council, A true Copy Compared. JONAS FAY, Vice President. JESSE BURK.3 'See biographical notice, post. This was practically the last meeting of the County Committee, though a part of the town committees continued to meet: so that the resolutions of the Continental Congress failed to serve the purpose intended by New York.—See note, ante, p. 137. This order was of course in that part of the record of the Vermont Council of Safety which has never been found, and here it appears as a copy of the order to Burk. JESSE BURK of Westminster was second sergeant in Azariah Wright's company in the whig west parish, and afterward, under Vermont, he was captain. He succeeded to the tory William Patterson as the New York sheriff of Cumberland county in 1775, and seems to have held the office until May 5, 1777; possibly later, as Paul Spooner, who was commissioned on that day, declined the office. The order of the Council of Safety in August of that year, and his execution of it, shows that he had accepted the authority of Vermont.-See B. H. Hall's Eastern Vermont. REPORT OF MR. CLAY ON HIS ARREST. PUTNEY August ye 16: 1777. I was taken by the within named Jesse Burk, and was carried by him before the within named Council, I asked said Committee what was the Complaint against me, Col. Chittenden Answered me, and said that I had acted under the State of New York contrary to their Resolves of June last in my notifying the County Committee to meet again, and sending about the Continental Resolves, and Seting the People against the New State, and they detained me their Six Days, and then set me a liberty with my Promising to Caraey a Letter to Burk. JAMES CLAY.1 If there is not an error in the date of the order of the Vermont Council of Safety (August 29, 1777,) Capt. Clay was brought before the Council twice, and there is no record of what transpired at the second arraignment. The quotation from B. H. Hall's Eastern Vermont, on p. 137 of this volume, evidently refers to Capt. Clay's first arraignment as above given. APPENDIX E. REMARKS ON ARTICLE THREE OF THE DECLARATION OF RIGHTS. By Hon. DANIEL CHIPMAN. [From Memoir of Thomas Chittenden, by D. Chipman, pp. 86-93.] The framers of our Constitution, having, as suggested, founded it on the equal rights of the citizens, and having pretty correct notions of religious liberty, had no idea of authorizing the Legislature to tax the minor sects for the benefit of the standing order, yet they considered that as all classes of the community had a common interest in the support of public worship, as they had in the support of common schools, they ought to contribute in like manner for its support. And they authorized the Legislature to pass Laws to enforce the observation of the Sabbath, and to tax the people for the support of public worship, trusting that they would do it in such manner as to afford no just ground of complaint. They accordingly made the following addition to the Section [as the third section stood in the Constitution of Pennsylvania:] Nerertheless every sect or denomination of people ought to observe the Sabbath, or the Lord's day, and keep up, and support, some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.” The Legislature at their first session in March, 1778, passed an act to enforce a due observation of the Sabbath; and at the October session in 1781, an act was passed authorizing towns to lay taxes on the lands within their limits, for the purpose of building meeting-houses, schoolhouses, and bridges, but they passed no act authorizing towns to lay taxes upon their lists for the building of meeting-houses and the support of ministers, until October 1783, when they passed an act entitled' enabling towns and parishes to erect proper houses for public worship, and support ministers of the gospel." The following is the preamble and extracts from the enacting part: an act "AN ACT to enable Towns and Parishes, to erect proper Houses for public Worship, and support Ministers of the Gospel. "Whereas, it is of the greatest importance to the community at large, as well as to individuals, that the precepts of christianity and rules of morality be publicly and statedly inculcated on the minds of the inhabitants: "Therefore, Be it enacted, &c. that whenever any town or parish shall think themselves sufficiently able to build a meeting-house, or settle a minister, it shall be the duty of the town or parish clerk, on application of seven freeholders of such town or parish, to warn a town or society meeting, mentioning the time, place, and matter to be debated; giving twelve days notice, by posting the same at the most public place, or places, in said town or parish: and that two thirds of the inhabitants of such town or parish, who shall meet agreeable to such warrant, being legal voters, and of similar sentiments with respect to the mode of worship, shall be hereby authorized to appoint a place or places for the public worship of GOD, and fix on a place or places for building a house or houses of worship, and vote a tax or taxes sufficient to defray the expense of such building or buildings; and also to hire, or otherwise agree with, a minister or ministers to preach in such town or parish, either to supply such town or parish with preaching, or on probation for settlement; and further to vote such minister or ministers such settlement or settlements in money, or otherwise, as to them shall seem equal; and to vote such minister or ministers such annual support in money, or otherwise, (to be agreed on between such minister or ministers and people) as shall be found necessary; to be assessed on the polls and rateable estates of persons living, or estates lying within the limits of such town or parish. Provided, no person shall be obliged to pay such tax or taxes, or any part thereof, or his estate taken therefor, who shall be hereafter described and exempted by this act. Provided also, that no vote shall be deemed legal and binding on such inhabitants as are not by law exempted as aforesaid, unless there shall be twenty-five legal voters in the affirmative. And if the inhabitants of any town or parish shall agree to build a meeting-house or houses, agreeable to the tenor of this act, but shall not agree on the place or places to build the same; in that case it shall be the duty of the county court, at their sessions within the county where such difficulty may arise, at the request of not less than seven members, inhabitants of such town or parish, to appoint an indifferent committee at the discretion of the court, and cost of such town or parish, to view attentively such town or parish, and find out the most convenient place or places for such houses, and there set up a stake or stakes, and acquaint the clerk of such town or parish therewith, who shall make a record thereof; and such committee shall report their doings to the court that appointed them; which court shall examine said report, and if found to be just and equal, shall establish the same. "And whereas, there are in many towns and parishes within this State, men of different sentiments in religious duties, which lead peaceable and moral lives, the rights of whose conscience is not to control; and likewise some, perhaps, who pretend to differ from the majority with a design to escape taxation: "Therefore, Be it enacted, that every person or persons, being of adult age, shall be considered as being of opinion with the major part of the inhabitants within such town or parish where he, she, or they shall dwell, until he, she, or they shall bring a certificate, signed by some minister of the gospel, deacon or elder, or the moderator in the church or congregation to which he, she, or they pretend to belong, being of a different persuasion; which certificate shall set forth the party to be of their persuasion; and until such certificate shall be shewn to the clerk of such town or parish, (who shall record the same,) such party shall be subject to pay all such charges with the major part, as by law shall be assessed on his, her, or their polls or rateable estate." Many towns taxed the inhabitants to raise money for building meeting-houses, settling and supporting ministers, agreeably to the provisions of the act. It was productive of great good; the people in the dif |