USA > New Hampshire > Sullivan County > Charlestown > History of Charlestown, New-Hampshire, the old No. 4 > Part 14
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bert of Wells, and Mr. Hubbell Wells of Halifax were appointed a committee to join a committee from the Council, to prepare a draught relative to the dissolution under consideration ; which committees, after suitable consultation, unanimously agreed on the following report.
" Whereas in consequence of a representation, made to the general Assembly of this state at their session at Windsor, in March, 1778, by a committee consisting of seven persons, inhabiting several towns, lying contiguous to the east side of the Connecticut River, that a number of inhabited towns, east of said river, were then unconnected with any state, in regard to their internal police; and on said com- mittee's application to the general assembly that the said towns might be admitted into union with this state, orders were issued by the assembly to the representatives' constituents, for instructions in the premises,
And whereas, in consequence of such instructions, the representatives of said Constituents, when met at their adjourned session at Benning- ton on the 11th day of June last, did receive into union with said state sixteen towns, east of said Connecticut river, and grant leave for other towns to unite if they should Choose,
And whereas a dispute has arisen in respect to the right New-Hamp- shire has to exercise jurisdiction, over those sixteen towns, as claimed in a letter to his Excellency Thomas Chittenden, Esq., by Meshech Weare, Esq., President of the Honorable Council of the State of New- Hampshire, dated August 22nd, 1778,
And whereas, the General Assembly of this state, did at their ses- sion, at Windsor, in October, last, agree on certain methods (contained in the report of the grand committee of both houses) to settle and ad- just the dispute with New-Hampshire; nevertheless the measures to be pursued to effect those methods were rendered impracticable by the members, east of said river, withdrawing themselves from the House in an unconstitutional manner, and forming a convention, in direct violation of the most solemn oaths and obligations, into which they had entered, declaring themselves discharged, from any and every former Confederation and association with this State :
And whereas your committee have just grounds to apprehend, that the said sixteen towns are of right included within the jurisdiction of New-Hampshire, they are therefore of the opinion that the said un- ion ought to be considered as being null from the beginning.
JONAS FAY, Chairman of Committee."
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HISTORY OF CHARLESTOWN.
This report being read and accepted the house
"Resolved-That the said Union be and is hereby dissolved, and made totally void, null and extinct; and that his Excellency the Governor be and is hereby directed to communicate the foregoing draught, and resolve thereou, to the President of the Council of the State of New-Hampshire."
Ira Allen Esq., was appointed to transmit to New-Hampshire, the foregoing report and resolution, who presented them to the President and Council of that State, on the 20th, of the succeeding March.
This, so far as the State of Vermont was concerned, it might have been supposed would forever have put an end to all proceedings con- nected with the acquisition of new territory from other States. But af- fairs, in consequence of what they had already done, had arrived at a juncture at which they found difficulties awaiting them of a most per- plexing character. The towns connected with them in the late union had not only become violently excited against them, but the State of New-Hampshire which had before been favorable to the admission of Vermont, to the union as a separate and independent State, had been induced to change her course, which had previously been friendly, to one of determined opposition. From representations which had been forwarded to Congress, that body too had begun to partake of the ex- citement, so that Vermont had need of no little wisdom in those who were appointed to direct her affairs, in order for them to decide, under the circumstances, on what would be the best course to pursue.
Mr. Allen, on arriving at Exeter, found affairs in a very unsatisfac- tory state. He had already been preceded by the committee, ap- pointed by the Cornish Convention, consisting of General Jacob Bailey, and Davenport Phelps, who had presented the substance of the action of that convention in the following petition.
" To the Honorable, the President in Council, and the Representa- tives of the State of New-Hampshire in General Assembly convened, the subscribers hereto, beg leave to represent, that a large number of charters of incorporation of certain tracts of land, were formerly is- sued from their excellencies Benning Wentworth and John Went- worth Esq'rs., in the name of the King of Great Britain lying and being west of the Mason Grant, and east of a north line, drawn from the northwest corner of the now State of the Massachusetts Bay, to Lake Champlain and from thence to the latitude of forty five degrees ; That in the year 1764, the aforesaid King of Great Britain, in viola- tion of his contract with the Grantees, and in an arbitrary manner,
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passed a decree that there should be a division of the aforesaid grants, between the then Province of New York and New Hampshire, to which decree the inhabitants of said Grants were then and have ever since been averse; as they were thereby deprived of privileges, which they of right claimed, and in their settlement reasonably expected within the jurisdiction of New Hampshire ; that the inhabitants afore- said, since the declaration of independence, view themselves at liberty to connect in one body politic, or unite with any other State; that they are now in general, desirous of a union with the State of New Hamp- shire'; That the representatives of the people in assembly on the 20th of October last, voted, that a defence of the rights of the people, be stated by a committee appointed for that purpose, and that answers to some letters &c., be drafted by said committee. Also that offers be made to the State of New Hampshire, either to settle a boundary line between said New Hampshire and the Grants by a committee mutually chosen; or in such way as congress may point out ; or to make an offer of the whole of said Grants to New Hampshire.
That on the 9th day of December, last, by a convention of committees delegated by the inhabitants of said Grants, it was voted, that propo- sals of an union with said New Hampshire, be made to the assembly of said State.
In consequence whereof, we the subscribers, being duly authorized for that purpose, do now propose to this Honorable Court, that the whole of said grants be connected and confederated with said State of New Hampshire ; receiving and enjoying equal privileges and immu- nities with the good people of said State.
Dated at Newbury this 17th day of March 1779.
JACOB BAILEY, DAVENPORT PHELPS."
The following are the proceedings of the legislature of New-Hamp- shire on the foregoing petition.
STATE OF NEW-HAMPSHIRE.
"In the House of Representatives, April 2d, 1779.
The committee on the petition of General Bailey and Mr. Phelps re- lating to the New-Hampshire grants so called, reported that this State should lay claim to the jurisdiction of the whole of the New- Hampshire grants so called, lying to the westward of Connecticut river, setting forth the right this State has to the same; allowing and
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HISTORY OF CHARLESTOWN.
conceding nevertheless, that if the honorable continental Congress shall allow the said grants to the westward of Connecticut river to be a separate state, as now claimed by some of the inhabitants thereof by the name of Vermont, that in such case the state of New-Hamp- shire will acquiesce therein-And that this state shall exercise juris- diction as far west as the western bank of the Connecticut river, and no farther until the dispute is settled by Congress.
By order of the major part of the Committee.
[Signed.] JOSIAH BARTLETT, Ck.
Which report being read and considered, it was Voted, That it lie for further consideration until the next session of the General Assem- bly of this State.
Sent up for concurrence JOHN LANGDON, Speaker.
In Council the same day read and concurred.
E. THOMSON, Sec'ry.
STATE OF NEW-HAMPSHIRE.
In the House of Representatives, June 24, 1779.
The House by vote took under consideration the report of the Com- mittee of the second day of April last, which was at that session vo- ted to lie for consideration until this session, relative to the New-Hamp- shire grants, &c. And the question being put whether the report of the said Committee be received and accepted or not ? It passed in the affirmative.
Sent up for concurrence. JOHN LANGDON, Speaker.
In Council, the 25th of June, 1779, read and concurred.
E. THOMSON, Sec'ry."
Vermont was now in a situation of extreme embarrassment. New- Hampshire had put in a claim to jurisdiction over her entire territory, and not without great plausibility in her arguments to sustain it. The State of New-York was also pressing a similar claim. And, in addition to this, what added not a little to her embarrassment was that Massachu- setts also laid claim to that portion of her territory of which she had been deprived by the decision of the King of Great Britain, in respect to the divisional line between that State and New-Hampshire in 1740. This decision had given to New-Hampshire a strip of territory forty miles in width, from the Merrimac River, westward through what is
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HISTORY OF CHARLESTOWN.
now the whole extent of New-Hampshire and Vermont,-this width being fourteen miles greater than New-Hampshire had ever claimed. But what affected her more sensibly than these claims was, Congress, instead of becoming more favorable to her independence, seemed, in this diffcult complication of circumstances to have wholly turned against her. On every side, even by many towns within her own limits, her right to self government was ignored. Congress looked upon her posi- tion, as one that not only portended no good to the best welfare of the nation, but even deemed it most prejudicial to that welfare in the great struggle which was going on. The controversy therefore did not seem to be beneath the attention of the general government, but rath- er appeared to demand some action on its part. It was a matter of the utmost moment that between the states there should be no jarring interests, and that every difficulty, which would have a tendency to lead to internal conflicts, should be harmoniously adjusted. Regard- ing the subject, therefore, in this light, and feeling earnestly solicitous to secure such a settlement of existing disputes, as would preserve or bring about the most kind and friendly feelings among the contestants, and thinking that that object could best be accomplished by themselves, Congress took the subject into consideration.
CHAPTER IX.
PROCEEDINGS OF CONGRESS ADVERSE TO THE INTERESTS OF VERMONT- GOVERNOR CHITTENDEN AND COUNCIL TAKE THE OFFENSIVE-CONGRESS FAILS TO MAKE ITS DECISION AND POSTPONES THE SUBJECT INDEFINITELY -NEW COMPLICATIONS-MOVEMENTS FOR A NEW STATE-CONVENTIONS AT WALPOLE AND CHARLESTOWN-CONVENTION FROM CHARLESTOWN ADJOURNED TO CORNISH-MATTERS TILL TIIE NEW UNION OF TOWNS EAST OF THE CONNECTICUT RIVER WITHI VERMONT.
ONGRESS, on taking up the controversy, sent a committee to the Grants for the purpose of enquiring into their condition, and ascertaining the state of the controversy. This commit- tee returned and made their report, but, as this fact and nothing more is recorded in the Journal of Congress, we are left in total ignorance of what their investigations were, if any were made. But, as that body, on the 24th of September, 1779, took up the consideration of the subject again, we may infer that they were such as to lead them to anticipate, under their arbitration, a favorable result.
Having stated, as a ground of their action in respect to the subject, " That animosities had proceeded so far, and risen so high, as to endan- ger the internal peace of the United States, and it had, therefore, be- come indispensably necessary for Congress to interfere for the restoration of quiet and good order," that body proceeds with the following pre- amble and resolutions.
" Whereas, one of the great objects of the union of the United States of America, is the mutual protection and security of their respective rights ; and whereas, it is of the last importance to the said union that all causes of jealousy and discontent between the said states should be removed ; and, therefore, that their several boundaries and jurisdictions be ascertained and settled ; and whereas, disputes at present subsist be- tween the states of New-Hampshire, Massachusetts Bay, and New-York, on the one part, and the people of a district of Country called the New- Hampshire Grants, on the other ; which people deny the jurisdiction of
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each of the said states over the said district, and each of the said states claim the said district against each other, as well as against the said peo - ple as appertaining in the whole or in part to them respectively :
Resolved Unanimously, that it be, and hereby is most earnestly recom- mended to the states of New-Hampshire, Massachusetts Bay, and New- York, forthwith, to pass laws, expressly authorizing Congress to hear and determine all differences between them, relative to their respective boun- daries, in the mode prescribed by the articles of confederation, so that Congress may proceed thereon by the first day of February next, at the farthest."
The resolutions then proceed, by several specifications, to recommend to these states, also, to pass laws, by which all existing difficulties, wheth- er relating to jurisdictions, titles to lands, &e., or any other matter in controversy, should be referred to their arbitration ; or, in other words, they were recommended to submit to Congress, unreservedly, every sub- jeet of dispute.
That body, moreover, in case the entire subject of the controversy was submitted to them, " Pledged their faith to carry into execution and sup- port their decision and determinations, in the premises, in favor of whichsoever of the parties, the same might be; to the end that perma- nent concord and harmony might be established between them and all cause of uneasiness removed."
In another resolution, they designate the first of February following as the time in which they would consider the subjects proposed, and de- cide and determine the same according to equity-allowing the states particularly interested no vote in the decision.
Thus far the resolves of Congress had contained recommendations to the States of New-Hampshire, Massachusetts Bay and New-York, without particular reference to the inhabitants of the disputed district. Indeed those inhabitants had not been alluded to, as having any legal rights whatever in the matter. Not even a supposition was made that the ter- ritory in dispute might, by any possibility, be rightfully under the juris- diction of any other than one of those three states. The right to an in- dependent and self-jurisdiction had not in any of their proceedings been entertained, but having passed all the resolutions that were essential, provided their advice was followed, to prepare the way for an ultimate decision, it appears to have occurred to them, that a small modicum of counsel might not be unwholesome for those who had the deepest inter- est in the matter. They therefore, without recognizing them as a party who were to receive any benefit from all they proposed to do; feeling it
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to be as they say " for the interest of the whole confederacy that all in- testine divisions be carefully avoided, and domestic peace and good order maintained," volunteer the following resolutions for the especial regula- tion of the freemen of Vermont :
Resolved Unanimously-That it is the duty of the people of the dis- trict aforesaid, who deny the jurisdiction of all the aforenamed states, to abstain in the meantime from exercising any power over any of the in- habitants of the said district, who profess themselves to be citizens of, or to owe allegience to any or other of the said states ; but that none of the towns, either on the east or west side of Connecticut river, be consider- ed as included within the said district, but such as have heretofore act- ually joined in denying the jurisdiction of either of the said states, and have assumed a separate jurisdiction which they call the State of Ver- mont. And, further, that in the opinion of Congress, the said three states aforenamed ought, in the meantime, to suspend executing their laws over any of the inhabitants of the said district, except such of them as shall profess allegiance to, and confess the jurisdiction of the same respectively. And further, that Congress will consider any violences committed against the tenor, true intent and meaning of this resolution, as a breach of the peace of this confederacy, which they are determined to keep and maintain: And to the end all such violences and breaches of the public peace may be the better avoided in said district, it is here- by recommended to all the inhabitants thereof to cultivate harmony and concord among themselves ; to forbear vexing each other at law or other- wise, and to give as little occasion as possible to the interposition of magistrates.
Resolved Unanimously-That in the opinion of Congress no unappro- priated lands or estates which are, or may be, adjudged forfeited or con- fiscated, lying in the said district, ought, until the final decision of Con- gress in the premises, to be granted or sold."
Copies of the resolutions of Congress, were forwarded by express to the States of New-York, New-Hampshire and Massachusetts, and also to the people of the district in dispute, who were respectively exhorted to lose no time in appointing an agent or agents and in otherwise prepar- ing for the proposed hearing.
Vermont was now literally maintaining a struggle for her existence, and, happily for her, she had men at the helm of her government that no difficulties could discourage, and no dangers intimidate; who were equal to any emergency, and who had taken steps forward in her inde- pendence which were not to be retraced-who perfectly understood the
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grounds on which that independence rested, and who were unwilling to admit for a moment any principle that might compromise it. They, therefore, while they appointed agents to be present at the hearing in Congress, boldly denied the right of that body to pass the resolutions which they had passed; and, on the 10th of December, 1779, Governor Chittenden and Council, assuming the offensive, published an appeal against the action of Congress, to " The Candid and Impartial World ;" in which they exhibited a manliness in their conduct, and an indepen- dence in their reasoning worthy of all admiration. In this they say " That they could not view themselves as holden, either in the sight of God or man, to submit to the execution of a plan, which they had reason, to believe was commenced by neighboring states ; that the liberties and privileges of the State of Vermont, by said resolutions, were to be sus- pended upon the arbitrament and final determination of Congress, when, in their opinion, they were too sacred ever to be arbitrated upon at all, and what they were bound to defend at every risk ; that the Congress of the United States had no right to intermeddle with the internal police and government of Vermont; that the state existed independent of any of the Thirteen United States, and was not accountable to them, or to their representatives for liberty, the gift of a beneficent Creator ; that the peo- ple of Vermont were not represented in Congress, and could not submit to resolutions passed without their consent, or even knowledge, and which put everything that was valuable to them at stake ; that there ap- peared a manifest inequality, not to say predetermination, that Congress should request of their constituents power to judge and determine the cause, and never ask the consent of thousands whose all was at stake. It also declared that they were, and ever had been, ready to bear their proportion of the burden and expense of the war with Great Britain, from its first commencement, whenever they were admitted into the un- ion with the other states ; but that they were not so lost to all sense and honor, that after four years war with Britain, in which they had expend- ed so much blood and treasure, that they should now give up every thing worth fighting for (the right of making their own laws and choos- ing their own form of government) to the arbitrament and determination of any man or body of men under heaven."
The first of February came, the time appointed by Congress for the proposed hearing and arbitration ; but contrary to the expectation of all parties the subject was not moved. It was however taken up on the 21st of March, but as nine States, exclusive of the parties in ques- ti on, were not represented in Congress, it was deemed advisable that
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the hearing should be postponed. On the 2d of June, however, the consideration of the subject was again resumed; and, after a preamble showing that Vermont had still continued to act as an independent government, notwithstanding the injunctions in the resolutions of Con- gress, another resolution, recapitulating in still stronger terms, their previous one, was passed, severely censuring the course that the State had pursued, and requiring her to abstain from all acts of author- ity, whether civil or military, until the decisions and determinations of that body should be made kuown. The subject was again called up on the 9th of June, and the further consideration of it postponed to 2d Tuesday of the September following. In the meantime the resolu- tions and proceedings of Congress, having been communicated to Gov- ernor Chittenden, were laid before his council, and a reply agreed upon to the President of Congress. In this the right of that body to pursue the course they had was denied ; and not only this, the injus- tice of their proceedings and proposals was very effectively presented. They were declared to be subversive of their natural rights to liberty and independence, as well as incompatible with the principles on which Congress grounded their own right to independence, and had a natural and direct tendency to endanger the liberties of the American people. Governor Chittenden declared, moreover, " That as they were not included in the thirteen United States, if necessitated to it, they were at liberty to offer and accept terms of cessation of hostilities with Great Britain, without the approbation of any other man, or body of men ;" and they further declared "That if Congress and the neighbor- ing States persisted in the course they were pursuing, they would have no motives to continue hostilities with Great Britain, and maintain an important frontier for the benefit of a country that treated them as slaves. Yet notwithstanding the injustice done them they were in- duced, by their attachment to the cause of liberty, once more to offer union with the United States, of which Congress was the legal repre- sentative body."
All parties now anxiously awaited the decision of Congress on the 2d Tuesday of September ; and although Vermont denied its authority to determine the matter, she judged it prudent to employ Ira Allen and Stephen R. Bradley, as her agents, to attend the deliberations upon the subject. Accordingly when the subject of the controversy was taken up on the 19th of September, they were present ; but were only allowed to be so, in a private capacity, and not as the agents of one of the parties. This situation they endured at first, that they might ob-
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tain thereby a better knowledge of the designs of Congress, and of the intents of their opponents. But, convinced at length, by their observa- tion of the manner in which the whole affair was conducted, that Con- gress was attempting to decide the dispute, as between New-Hampshire and New-York, irrespective of any interest that Vermont might have, as a party in the matter, they indignantly, on the 22d of September, withdrew their attendance, and transmitted to Congress, a remonstrance in which they declare that " They can no longer sit as idle spectators without betraying the trust reposed in them, and doing violence to their own feelings; that by the mode of trial adopted, the State of Ver- mont could have no hearing without denying her own existence; and it did not become them to take on themselves such humility and self- abasement as to lose their own political life in order to find it. They then express the willingness of Vermont to do her duty like any of the States already in the union, and to submit to the mediation of disinter- ested States, if that may be deemed a desirable mode of settling the question. They profess their willingness, also, that Congress, being possessed of sovereignty, should interpose, if necessary to prevent the effusion of blood ; but they reprobated every idea that Congress could sit as a court of judicature, for the determination of their dispute, by virtue of authority given them by the act, or acts, of the state, or states, that make but one party.
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