Page:The Green Bag (1889–1914), Volume 06.pdf/98

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The Supreme Court of Vermont.

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wherein the seizure was made, and by show Jonas GalUSHA came from Connecticut ing to the magistrate by oral testimony or in the first year of the war; was captain of affidavit that the person seized "doth under one of the two militia companies in Shaftsthe laws of the State or Territory from bury, and after the capture at Hubbardton which he or she fled, owe service or labor of Captain Huntington, Galusha was assigned to the person claiming him or her," it was to the command of both companies, and he

made the magistrate's duty to give a certifi led them in the battle of Bennington. cate thereof to the claimant, which should He was a member of both branches of the be a sufficient warrant for removing the Legislature, sheriff many years of Benning slave. Under this ton County, judge of law an owner under the county court for took to prove before nine years, and in Judge Harrington 1807 and 1808 was elected judge of the that the slave owed Supreme Court, the service to him. The last layman ever attorney for the chosen to that posi claimant was armed with affidavits of title tion. to the slave, and At the close of thinking Judge Har his last year, he was rington obtuse, of elected Governor and fered an affidavit served until 1813, showing a bill of when he was defeated sale, then offered an by his brother-in-law, affidavit showing the Martin Chittenden, a bill of sale to the man Federalist, but in who sold the mother 181 5 he was success of the slave. "Is ful over the same that all?" said the relative, and con Judge. The claim tinued Governor until ant said he had gone 1820. back to the owner He was presiden TITLS HUTCHINSON. ship of the mother, tial elector in 1808, but the Judge, more 1820 and 1824, one familiar with land titles, which, in those early of the Council of Censors in 1792, a mem days, were frequently traced to the original ber and president of the Constitutional Con proprietor, than with titles to a human be vention in 18 1 4 and 1822. ing, replied, " You do not go back to the His civil life covered full forty years. original proprietor." The claimant's attor He was taciturn and concise in his language, ney was surprised and asked what would but his reasons were open and candid and answer beyond the bills of sale. The Judge were always plain to the dullest man. He went back in his mind to the original pro was a farmer and innkeeper. prietor, the Creator of all mankind, and over all pretended intermediate ownership of one David Fay, the youngest brother of man by another and answered, " A bill of Jonas, was in the battle of Bennington, in sale from God Almighty." The slave went Captain Samuel Robinson's company as a free. "fifer." He was then sixteen years of age.