Page:The Green Bag (1889–1914), Volume 05.pdf/601

 5ó0

I am not aware that there are any rec ords of these special temporary courts in existence, if indeed any were kept. David Redding was tried and convicted of treason, before that in the shire of Bennington, Ethan Allen State Attorney; and Zerubbabel Mattison was fined for " enimical conduct " by the same court. I learn nothing from the records as to the powers and jurisdiction of the special

courts; but in the absence of all other courts, it is probable they took jurisdiction of all matters in con troversy brought be fore them, both civil and criminal, with the sole exception of the banishment of tories, for which a superior court was created at the June session, with Col. Peter Olcott of Norwich, the grand father of Mrs. Rufus Choate, Bezaleel Woodward ofDresden, N. H., Major Griswold, Patterson Piermont, Esq., and Major Tyler as judges. I think no other courts were organized in CHARLES K. Vermont in 1778 un til the special courts ceased to exist. Justices of the peace were appointed at the October session, and among them were special judges, — Sam uel and Nathaniel Robinson, Fasset, Jr., Powell, Webb, and Wells. Special judges — Powell, Bowker, Bayley, and Shepardson — were appointed judges of probate in their respective districts. There were no lawyers in the State save those adhering to the New York government; nevertheless the Assem bly appointed Captain Coffein of Cavendish. Mr. Rowley of Danby, Ensign Harris of Halifax. Mr. Alverd of Wilmington, and Mr.

Jewett of Pownal a committee to " prepare a bill to regulate attorneys; " and on the next day their report relative to providing attor neys for the county courts, regulating their fees, etc., was accepted. The common law was established as the law of the land. Of the twenty judges elected in March, twelve were re-elected in June, with eight new ones, so that under both elections there were twenty-eight per sons who served as judges. They were not lawyers, for no lawyer in the State acknowledged its ju risdiction; it was not the custom in the State for many years to select lawyers for judicial positions. A glance at their names will convince one that they were men of strong commonsense, of marked dis tinction in their day, and as well qualified to adjust the differ ences between their fellow-men, in the times in which they lived, as Chief-Jus tice Fuller and his col WILLIAMS leagues are to settle the abstruse and com plicated questions of to-day. Seventeen of the twenty-eight were members either of the Governor's Council or the Assembly at the time of their election. As might be expected, many of the judges were military men. The judges of the Bennington shire were all fighting men, headed by that sturdy patriot Jeremiah Clark, who with his sixteen-yearold son fought at Bennington, and who pre sided at both trials of Redding and passed sentence of death upon him. There were one general, one colonel, four majors, six captains, two lieutenants, five esquires, three