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Eaton obtained leave of absence. In Vol. II, p. 202, note, a brief notice of Eaton was given, to which little need be added. He was employed in the recruiting service until Oct. 1795, when he was ordered with his recruits to St. Mary's river, on the border of Georgia and Florida, among the Creek Indians. Here a detachment of 160 Virginia soldiers joined, and Eaton was in command of the post with about three hundred men. Pursuant to orders, he erected Fort Pickering at Colerain, though he protested against the location. In May 1796, U. S. Commissioners met deputations of the Creeks and Seven Nations at the fort; Eaton was appointed Secretary of the Council, and on the 29th of June 1796 a treaty of peace was concluded. On the 7th of August following Eaton was displaced, and on the 17th arrested on various charges, which resulted in his being ordered finally to Washington, where he was informed that the sentence of the court martial was not confirmed. He was subsequently charged with other services by Secretary of State Pickering, and in July 1797 received a commission as consul to the city and kingdom of Tunis. In March 1804 he was entrusted by Jefferson with an enterprise on the coast of Barbary, which resulted in his march from Alexandria, Egypt, between March 8 and April 25, 1805, through the desert of Barca, to the city of Derne-a distance of more than four hundred miles; the capture of that city four days after his arrival; and the treaty of peace with Tripoli a few days thereafter. Sherman's famous "march to the sea " had nothing of the desperate temerity which marked Eaton's at every step.1


An act of Congress, approved May 9 1794, directed a detachment from the militia of eighty thousand men, to be organized, armed, equipped, and held in readiness to march at a moment's warning in the service of the United States; of which number two thousand one hundred and thirty-nine were assigned to Vermont. May 19 President Washington issued his requisitions to the governors of the several states, directing them to use the most effectual means for making the necessary detachments. As soon as Gov. Chittenden received the requisition, he called a special meeting of the Council at Rutland on the 21st of June. No record of this meeting was entered on the journal of the Council, but its results appear in the following resolutions and orders:

From The Farmers' Library [Rutland] of June 24 1794.

Published by Authority.

STATE OF VERMONT, In Counci!, Rutland June 21 1794. Whereas it appears to this Council that the wages allowed by Congress, to the non-commissioned officers & privates of the militia, which are to be called into actual service, in case a war should take place, is not an adequate compensation for such service, Therefore,

Life of Eatonpp. 301-340.

Resolved, that it be & it is hereby recommended to the legislature, that at the next October session, they make ample provision, that in case any of the militia of this state should be called into actual service, that the wages of non-commissioned officers and privates be as follows: -a Sergeant 48 shillings a month, Corporals and Musicians 44 shillings a month, and privates 40 shillings a month including what shall be allowed by Congress.'

Resolved, that his Excellency the Captain General be and hereby is advised as soon as may be, to issue his orders to the several Major Generals in this state to inlist or detach from the several corps under their command, their several quotas of the two thousand one hundred & thirty nine able bodied effective men as a detachment from the militia of this state, agreeable to the act of Congress of the ninth of May one thousand seven hundred and ninety four.

Resolved, that his Excellency the Captain General be and he is hereby advised to direct Brigadier General ELI COGGSWELL [of Castleton] to take command of the said detachment.

Extract from the minutes,

SOLOMON MILLER, Sec'y pro tem.

On the same day, Gov. Chittenden accordingly issued his orders to Major Generals Samuel Fletcher, Isaac Tichenor, Ira Allen, and Paul Brigham, with the assistance of Brigadier Generals, to detach officers and men for three regiments of seven hundred and thirteen "good able bodied effective men" each. The work was promptly done; but as the men were never called into active service, it has not been deemed necessary to print the list of the officers detached.


In pursuance of a requisition from President John Adams, under the act of Congress of the 24th June 1797, on the 20th of Dec. 1797, Gov. Tichenor issued orders for the detachment of three regiments of Vermont militia, numbering in all two thousand one hundred and fifty men, to be under the command of Brig. Gen. Zebina Curtis, of Windsor. As these men were not ordered into actual service, the insertion of the details of the general orders is not deemed necessary.-See Rutland Herald of Jan. 1 1798.


The act of Congress of July 16 1798 added twelve regiments to the U. S. Army, of which George Washington was to have the command as Lieutenat General. The sixteenth and last regiment was to be filled by

'Oct. 30 1794, an act was passed raising the monthly pay as follows: privates to 40 shillings, sergeants 48, corporals 44, sergeant-major and quarter-master sergeant 60, drum and fife major 48, drummers and fifers 44. See printed Acts of 1794, p. 123. This was a precedent for the extra state pay to the volunteers in the war of the rebellion.

'For general orders, see The Farmers' Library of July 8 1794.

enlistments in New Hampshire, Vermont, and Rhode Island; and of its ten companies Vermont was to furnish three. The enlistment offices were at Westminster, Newbury, and Burlington; and the rendezvous for the State was at Westminster, under the command of Maj. Cornelius Lynde of Williamstown. The Vermont officers were as follows: Major, Cornelius Lynde; Captains, William Woodward, Israel Elliot Trask, and George Woodward; first Lieutenants, Daniel Bissell, Isaac Putnam, and Marmaduke Wait; sacond Lieutenants, Jesse Lull, (who was quartermaster of the regiment,) Daniel Baker, and John W. Brownson.' None of the twelve new regiments were filled, in November 1799 the sixteenth having only two hundred and thirty-three men. In Feb. 1800, enlistments were suspended, and the army was shortly afterward reduced to four regiments.

'American State Papers, folio edition, title Military Affairs, Vol. 1, pp. 151, 152; and Spooner's Vermont Journal of Aug. 6 1799.



IN GENERAL ASSEMBLY, 4th November 1796, A. M. His excellency, the Governor, made the following communication, viz. 1st. Circular letter from Lord Dorchester, which is as follows; viz. CIRCULAR QUEBEC 31 March 1796

Sir A Certain Ephraim Barnes against whom the Grand Jury for the County and District of Montreal in this Province have found three seperate Bills one for a highway Robbery and Two for Horse Stealing together with another Delinquent by the name of James Clarkson Freeman against whom bills have been found also as accessary to Barnes in the Last mentioned Felonies have made their Escape from the Goal of the City of Montreal and as I am Informed have fled into one of the Neighbouring States I take the Liberty of requesting that should they or either of them be found in your Government that your Excellency would be pleased to Cause them to be Delivered to the Bearer Mr. Jacob Rulin to be by him safely conducted into this Province in order that they may be brought to Trial

Similar requisitions having been made by the Governnor of Newyork in the Two Instances of John Ryan and Ralph Phelps the former Charged with Murder and the Latter with a Forgery and to which Immediate and proper attention was paid here I have no reason to Doubt a similar service will be cheerfully reciprocated

The Bearer takes out Authenticated Copies of the Bills of Indictment found against the Culprits should the producing these Documents be in any wise thought necessary-Freeman it is reported came into this Province to avoid a prosecution for a Forgery committed in some one of the United States.

I am Sir your Excellency's Most Obedient Humble Servant


His Excellency the Governor of Vermont or His Excellency the Governor of Newyork or The Governor of any other of the United States

A True Copy of the Original Letter from Lord Dorchester to His Excellency the Governor of the State of Vermont &c &c



For an instance of refusal by the Governor and Council, Oct. 21, 1794, see ante, p.


These documents, with the exception of Mr. Liston's note, are here printed from Ms. Vt. State Papers, Vol. 24, pp. 86, 87. For Mr. Liston's note see printed Assembly Journal for 1796, p. 153.

2ndly. A note from R. Liston, the British minister, to the secretary of the United States, viz.

R. Liston presents his best compliments to Col. Pickering, secretary of state. By the enclosed paper it appears that the governor of the state of Vermont, having been requested by Lord Dorchester to deliver up a person by the name of Barnes, accused of highway robbery and horse stealing, who has taken refuge within the limits of that government, has denied complying with that demand, from an idea he is not authorized so to do by the late treaty between Britain and the United States. The natural construction of the article, which regards this matter, seems to be that the delivery up of a person charged with murder or forgery, is expressly stipulated and has consequently become a reciprocal obligation. But the conduct of the two governments, with respect to other delinquents, is left, as before the formation of the treaty, to their natural discretion; and I beg leave to refer to you, sir, whether it may not be proper to continue to extend the prosecution of reciprocal restitution of culprits to all such offences as seriously effect [affect] the great interest of society.

Philadelphia, May 27th 1796.

3dly. A letter from Mr. Pickering to his Excellency Thomas Chittenden Esq. which is as follows viz.

DEPARTMENT OF STATE June 3 1796. Sir I have recd. from Mr Liston the Minister Ple. of his B. Majesty a note dated the 27 ult of which the [inclosed] is a copy, one of the letters therein referred to, is Lord Dorchester's letter to you dated the 31st of March-the other is a letter from the sheriff. Montreal, stating (agreeably to Mr Liston's note) your disposition to deliver up the offenders Barns and Freeman who had broken goal and fled from Canada, if to be found in your Government, provided the treaty between the US. & G B. did not oppose it-I have consulted the Att Gen of the U S. on this point and stated our concurring opinion to the president, that Mr Liston's Ideas on this subject are perfectly correct-The reciprocal delivery of murderers and forgers is positively stipulated by the 27 article of the

1 The words of the treaty were, "that His Majesty and the United States, on mutual requisitions, by them respectively, or by their respective Ministers or officers, authorized to make the same, will deliver up to justice all persons" "charged with murder or forgery." In the absence of any authority in the laws either of the State or the United States to issue a requisition or a warrant, even in cases of murder and forgery, and in view of the fact that neither of these crimes was charged in this case, it is not surprising that the governor doubted. His application for a statute of the state, giving him authority to issue warrants, clearly indicates one ground of his doubt, and the fact that the crimes charged in the requisition were not provided for in the treaty, was another. The treaty of 1842 specified additional crimes, and in terms authorized "the respective judges and other magistrates of the two Governments" to issue warrants. The act of Congress of 1848 gave this power to courts, thus relieving the governors of states from any responsibility in the case of criminals from foreign countries, as does the existing statute. The delay in this case, when his desire to comply with the requisition was avowed, proves the governor's abundant caution.

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