History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. II, Part 24

Author: Dunlap, William, 1766-1839. cn; Donck, Adriaen van der, d. 1655. 4n
Publication date: 1839
Publisher: New York : Printed for the author by Carter & Thorp
Number of Pages: 1078


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On the 3d of May, 177S, Colonel Allen was released from pri- son, conducted to Staten Island, and exchanged for Colonel Camp- bell; he then passed to Elizabethtown, and found himself once ' more free, and among his countrymen. . After a visit to General Washington, at Valley Forge, he returned to Vermont. Congress granted him a lieutenant-colonel's commission in the continen- tal army, and pay during his captivity.


The course of Colonel Allen now becomes identified with the history of Vermont.


Certain transactions of this year, make it necessary to give a brief view of the state in which the inhabitants of what had been styled the New Hampshire Grants, had continued up to this time.


In the year 177S, certain towns on the east side of Connecticut river, in the state of New Hampshire, preferring the jurisdiction of Vermont, called a convention, and considering that the authority of Great Britain, which had annexed them to New Hampshire, no longer existed, resolved, that they were free to choose, and accor- dingly petitioned Vermont to receive them. The assembly of Ver- mont, not only consented to receive the sixteen petitioning towns,


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but resolved to take into their body any other towns, producing a vote of the majority of the inhabitants, and sending a representative to the assembly of Vermont.


This free and easy proceeding, justly alarmed New Hampshire, who trembled for the consequences of the former acts of her govern- ment and council : and she claimed her sixteen towns, of her daugh- ter Vermont ; at the same time appealing to congress, and soliciting the interference of that body. Ethan Allen was sent to Philadel- phia for information respecting the wishes of the great council of the United States. He reported, that, congress opposed the union of the New Hampshire towns, but would, if Vermont disannulled her proceedings in that matter, admit her into the union. This state of things, produced violent dissentions in Vermont, and va- rious projects for settling the government of the yet but half acknow- ledged state. In the midst of this uncertainty, Massachusetts put in a claim for a large part of Vermont, as her boundary line had never been settled with New York, and extended into the territory which had separated from that province. Governour Clinton of New York, interfered in behalf of that state, in July, 1778, and ad- vised such towns of Vermont, as were in favour of continuing in union with the original state, to join in association for defence against the new pretensions. He likewise urged congress to de- cide the controversy between New York and the pretended state of Vermont, and asserted that the grievances complained of, by that people, arose from the provincial government of New York, and not from the present state government. In the year 1779, Go- vernour Clinton gave commissions to persons in the county of Cum- berland, which had remained attached in sentiment to New York, and the people of that county prepared to assert their right of choosing under whose jurisdiction they would live ; but Vermont would not permit this, and ordered Ethan Allen to raise the militia, and put down these hostile appearances. George Clinton, was not a man to be frightened from his duty, and he directed the inhabi- tants of Cumberland, to remain firm in their allegiance to New York, promising that if they were assailed by a military force, the militia of New York, should support them. He likewise advised congress of this very disagreeable state of affairs, which called for the interposition of the general government.


Congress appointed a committee to repair to the before mentioned district known by the name of the New Hampshire Grants, and make enquiries and adjust differences ; but in the mean time, Ethan Allen marched into Cumberland county, and seized the colonel commis- sioned by New York. Dr. Wetherspoon and Mr. Atle were de- puted from Congress to settle the affair, but they returned without having effected the purpose.


Four different claims for this disputed territory were now before VOL. II. 28


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BRITISH ATTEMPTS TO SEDUCE VERMONT.


congress, and in September, 1779, they, by a series of resolves, recommended to New Hampshire, Massachusetts, and New York, to pass laws authorizing congress to determine the differences be- tween them-saying that they would then determine the same-and that it was the duty of the people of said district who denied the jurisdiction of the aforesaid states not to exercise any power over such others as professed to owe allegiance to said three states. Vermont having declared herself independent, acted firmly accord- ing to the declaration, and paid no attention to a recommendation involving an absurdity. The governour and council published an appeal to the world, and the state proceeded to act as such.


The controversy was brought formally before congress in 1780, but was postponed, leaving all parties concerned in a state of irrita- tion. It must be remembered that this disunion existed at a time when a foreign enemy was in the United States, and when this distracted territory was menaced with an invasion from the adja- cent English province of Canada. The power of Vermont was increased by the adhesion of the sixteen towns of New Hampshire on the east side of Connecticut River, and by the application for protection of a portion of New York adjoining Canada. . The leaders, disappointed that Congress did not receive them into the Union, threatened a junction with Canada. The British ministry conceived hopes of advantage from the dissention, and the aims of the English commander in America were announced in a letter from Colonel Beverley Robinson to Ethan Allen, then a colonel in the American service. The letter was dated New York, March 30th, 17S0, and was delivered to Allen in the street, at Arlington, in July, by a British soldier in the habit of an American farmer .- It does not appear whether this spy was detected or not ; or if detected, whether he was executed as such. By this act, Colonel Robinson had subjected his agent to the punishment of death, we know.


In this letter Robinson professed great kindness and good inten- tion towards Allen and the people of Vermont, of whom he was informed the disposition existed to unite America again to Great Britain, and to restore that happy state of things which had been so wantonly destroyed. He requests him to communicate freely with him, and through him to the commander-in-chief-hints that by embodying the people of Vermont in favour of England, the government of the province will be his reward, and the men and officers so embodied, will be on the same footing as all the provin- cial corps are.


Allen immediately laid this letter before the governour and other leaders. They advised silence. In February, 1781, Robinson wrote another letter to Allen, and enclosed a copy of the former. He says, he is confirmed in his opinion that Allen and the Ver-


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BRITISH ATTEMPTS TO SEDUCE VERMONT.


monters wish to restore America " to her former peaceable and happy constitution," and assures him that the terms mentioned in the first letter may be obtained, and wishes to devise the mode of action for the Vermont forces, whether by uniting with the northern army, or to meet and join an army from New York.


Allen returned no answer ; but on the 9th of March, 1781, en- closed Robinson's letters in a letter to congress, in which the right of Vermont to independence was asserted, and his determination to do every thing in his power to establish it.


The hopes of the British were kept in force, and the command- ing officer in Canada took advantage of a negociation opened by the governour of Vermont for exchange of prisoners, to pursue the plan of dividing the Vermonters from the Union. A force was sent by General Haldimand up Lake Champlain, and a flag sent to Ethan Allen, {then a brigadier-general and the commanding officer in Ver- mont) with proposals for a cessation of hostilities during negocia- tions for an exchange of prisoners. This was agreed to, provided the truce should extend to the frontiers of New York. This was a proof of Allen's attachment to the American cause ; but so strong was the belief that the Vermonters, and particularly Allen, were inclined to secede, that this stipulation did not open their eyes : it was agreed to, and the wily Yankees tricked the enemy into a for- bearance of all hostilities, which the frontiers were not in condition to guard against. Under pretence of a negociation for exchange of prisoners, commissioners were sent to meet the British agents, who proposed terms of the most tempting nature to Vermont, if she joined the royal cause. These commissioners managed to dupe the English, left them in the opinion that they were in a fair way to effect their purpose, and the British forces returned to their winter quarters, leaving the frontiers unmolested.


The troops of the United States had been withdrawn ; Vermont had neither magazines, money, nor an army sufficient to oppose the enemy in any attempt from Canada, and Governour Chittenden concluded that the people of Vermont were at liberty to manage their own affairs in their own way, and that the best way was to keep their enemy quiet by hopes of ultimately acceding to his pro- positions. Accordingly they pursued this course.


When the news of the surrender of Cornwallis reached Vermont, the assembly was in session. The enemy were in force at Ticon- deroga, and so confident that their negociations were successful, that they made open declaration of their designs, and offered printed proclamations, inviting the people of Vermont to become happy, and the king's government and the agents of England, proposed to the leading men of Vermont, to disseminate these proclamations among the people. Who shall say, that if Washington had not been success- ful at Yorktown, the state of Vermont would not have been over-


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PROCEEDINGS OF VERMONT.


run by the British army from Canada, either as enemies, and con- querours, or friends and protectors ?


The cautious reply of the Vermonters, was, " that the news of Conwallis's surrender, would render such a step extremely danger- ous, and was the sure way to prevent all prospect of success." The British officers still entertaining hopes of producing the defection of the defenceless and dissatisfied state, retired with their troops to Canada.


During the next year, repeated attempts were made by the Eng- lish in Canada, to conclude this business with Vermont. Haldi- mand let the governour know, that he had full powers from the king, to establish Vermont as a royal government. Allen was to be a brigadier-general, and others rewarded in proportion. The Ver- monters, continued to secure their country's safety, by appearing to listen favourably to their propositions, until the peace of 1783 rendered further dissimulation unnecessary ; but the hopes of Eng- land to divide the state of Vermont from the union, were not finally dissipated until the admission of Vermont into the Federal union under the constitution which has been our sheet anchor, unto this time.


Dr. Williams," tells us, that only eight persons in Vermont were in the secret of this correspondence with the British agents. 1 am far from justifying their conduct, although the apparent effect of it was salutary.


Before this happy termination of difficulties, events had taken place which I must transcribe at length from Williams's history :


In August, 17SI, congress "resolved, ' that it be an indispensa- ble preliminary, to the recognition of the independence of the peo- ple, inhabiting the territory called Vermont, and their admission into the federal union, that they explicitly relinquish all demands of lands, or jurisdiction, on the east side of the west bank of Connec- ticut River, and on the west side of a line beginning at the north- west corner of the state of Massachusetts, thence running twenty miles east of Hudson's River, so far as said river runs northeasterly in its general course, then by the west bounds of the townships granted by the late government of New Hampshire, to the river running from South Bay to Lake Champlain, thence along the said river to Lake Champlain, thence along the waters of Lake Cham- plain to the latitude forty-five degrees north, excepting a neck of land between Missiquoi Bay and the waters of Lake Champlain.'


" With these resolves of congress, a verbal message was sent by General Washington to Governour Chittenden, desiring to know what were the real designs, views, and intentions of the people of


* History of Vermont.


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PROCEEDINGS OF VERMONT.


Vermont : whether they would be satisfied with the independence, proposed by congress ; or had it seriously in contemplation to join with the enemy, and become a British province. The governour returned an unequivocal and decisive answer. That there were no people on the continent, more attached to the cause of America, than the people of Vermont ; but that they were fully determined, not to be put under the government of New York, that they would oppose this by force of arms, and would join with the British in Canada, rather than to submit to that government.


" In October, the general assembly of Vermont met at Charles- town, in New Hampshire. The resolutions of congress were laid before them ; but although the resolves held out all that Vermont had at first claimed, or had ever expected to obtain, they did not produce a full confidence in congress ; nor did they fall in with the views of those towns, which had joined Vermont, from New Hamp- shire and New York. When they had been debated, the assembly voted, October the 19th, that they could not comply with the reso- lutions of congress, of August the 20th, without destroying the foundation of the universal harmony and agreement, that subsisted in the state, and a violation of solemn compact entered into by articles of union and confederation ; that they would remain firm in the principles, on which the state had first assumed government, and hold the articles of union, which connected each part of the state with the other, inviolate; that they would not submit the ques- tion of their independence, to the arbitrament of any power ; but that they were willing and ready to refer the question of their juris- dictional boundary with New Hampshire, and New York, to com- missioners mutually chosen ; and when they should be admitted into the American union, they would submit any such disputes to congress.


" The resolves of congress, though they had not been accepted by Vermont, were considered by New York, as a virtual determi- nation of her claims. The legislature of that state, on the 15th and 19th of November, passed a number of resolutions, and a solemn protest, against the proceedings of congress. Having stated their claims, and related some of the former proceedings of congress relative to the controversy, they resolved, that the legislature of that state was greatly alarmed at the evident intention of congress, from political expedience, to establish an arbitrary boundary, which ex- cluded from that state, a great part of its territory ; that it was the sense of the legislature, that congress had not any authority, by the articles of confederation, to intermeddle with the former territorial extent of jurisdiction or property, of either of the United States, except in cases of dispute between two or more of the states in the union, nor to admit into the Union, even any British colony except Canada, without the consent of nine states, nor any other state


--


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PROCEEDINGS OF VERMONT.


whatsoever, nor above all to create a new state by dismembering one of the thirteen United States, without their universal consent ; that in case of any attempt of congress to carry into execution their acts of the 7th and 20th of August, the legislature were bound in duty to their constituents, to declare the same an assumption of power, and a manifest infraction of the articles of confederation, and do thereby solemnly protest against the same ; that a copy of their resolutions be transmitted to congress, and their delegates expressly directed and required to enter their dissent on every step, which may be taken in and towards carrying the said acts of congress into execution.


" Anxious for the safety of Vermont, and wishing to avail him- self of every measure to promote it, on November 14th, Gover- nour Chittenden wrote to General Washington, on the subject, explaining to him their situation, difficulties, and views. In this letter, the governour placed great confidence in the general, and gave him an account of the transactions with the enemy ; and as- signed the reason : ' Vermont, drove to desperation, by the injus- tice of those who should have been her friends, was obliged to adopt policy in the room of power;' and with regard to the last resolu- tion of congress, he ascribed them to their true cause, not the influence of their friends, but the power of their enemies ; 'Lord George Germain's letter wrought on Congress, and procured that from them, which the public virtue of this people could not obtain.'


" At the same time, the troops of New York were in motion to suppress the proceedings of their citizens, who had formed an union with Vermont. On December 1Sth, their commander, Brigadier-general Gansevoort, wrote to the commanding officer of the troops from Vermont, that in pursuance of a law of New York, he had been detached with a part of his brigade to suppress an insurrection of some of the inhabitants of Schaticook, and Hoosac ; that he was arrived to aid the sheriff of the county, to apprehend the insurgents ; and was informed that a large body of troops from the grants, were marching in force, with artillery ; but before he proceeded any further, he wished to be informed what was the ob- ject of their movement into the interiour parts of that state, and by what authority. Colonel Walbridge, commandant of the troops from Vermont, wrote in answer, that the object of their movement, was to protect those of the inhabitants, who in consequence of the union, professed allegiance to the state of Vermont ; that he wished conciliatory measures might be adopted, but if those persons who professed to be citizens of Vermont, should be imprisoned, and their property destroyed, he was not to be answerable for the con- sequences.


" All parties seem to have been seriously alarmed at these pros-


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pects of a civil war : and happily for themselves, they had all of them more moderation and wisdom, than to proceed to hostilities. Reflecting on the war with Great Britain, in which their country was so deeply engaged, they seem to have been fully convinced that no difference among the states ought to be suffered to produce a war among themselves.


" A controversy so full of mischief and danger to the United States, gave much concern to the commander-in-chief of the Ame- rican army. Aware of the extremes to which all parties were tending, on January 1st, 1782, he returned an answer to Governour Chittenden's letter, in which were these expressions : 'It is not my business, neither do I think it necessary now, to discuss the origin of the right of a number of inhabitants to that tract of country, for- merly distinguished by the name of the New Hampshire Grants, and now known by that of Vermont. I will take it for granted that their right was good, because congress, by their resolve of the 7th of August, imply it; and by that of the 21st, are willing fully to confirm it, provided the new state is confined to certain described bounds. It appears therefore, to me, that the dispute of boundary is the only one that exists, and that being removed, all other diffi- culties would be removed also, and the matter terminated to the satisfaction of all parties. You have nothing to do but withdraw your jurisdiction to the confines of your old limits, and obtain an acknowledgment of your independence and sovereignty, under the resolve of the 21st of August, for so much territory as does not interfere with the ancient established bounds of New York, New Hampshire, and Massachusetts. In my private opinion, while it behoves the delegates to do ample justice to a body of people suf- ficiently respectable by their numbers, and entitled by other claims to be adınitted into the confederation, it becomes them also to attend to the interests of their constituents, and see, that under the appearance of justice to one, they do not materially injure the rights of others. I am apt to think this is the prevailing opinion of con- gress.'


" The assembly of Vermont met in February, at Bennington. The letter from the general was laid before them, and it produced those effects which the general seems to have intended : it corrected the errours of the government of Vermont, and produced a confi- dence in the resolves of congress, thus recommended by the opinion and advice of Washington. After a full debate upon the matter, the assembly resolved to comply with the preliminary required of them. Their proceedings were in this form :


" ' State of Vermont in General Assembly, February 22, 1782.


" ' The recommendation of the grand committee, consisting of his excellency the governour, the honourable the council, and the representatives of the people, on taking into consideration the reso-


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lutions of congress respecting this state, in the month of August last, being read, is as follows : That in the sense of this committee, congress by their resolutions of August last, in guaranteeing to the states of New York and New Hampshire respectively, all the terri- tory without certain limits therein expressed, has eventually deter- mined the boundaries of this state. And whereas it appears to this committee, consistent with the spirit, true intent, and meaning of the articles of union entered into by this state, with the inhabitants of a certain district of country, on the east side of the west banks of Connecticut River, and on the west side of a line twenty miles east of Hudson's River, which articles of union were executed on the 25th day of February, and on the 15th day of June last, that con- gress should consider and determine the boundary lines of the state. It is recommended to the legislature of this state, to pass resolutions, declaring their acquiescence in, and accession to the determination made by congress of the boundary lines between the states of New Hampshire and New York respectively, and this state, as they are in said resolutions defined and described. And also, expressly relinquishing all claims to, and jurisdiction over, the said districts of territory without said boundary lines, and the in- habitants thereon residing.


" 'Confiding in the faith and wisdom of congress, that they will immediately enter on measures, to carry into effect the other mat- ters in the said resolution contained, and settle the same on equita- ble terms, whereby this state may be received into and have and enjoy all the protection, rights, and advantages, of a federal union with the United States of America, as a free, independent, and sovereign state, as is held forth to us, in and by the said resolutions : "' And that the legislature cause official information of their resolutions to be immediately transmitted to the congress of the United States, and to the states of New Hampshire and New York respectively.


" ' Whereupon resolved,


" ' That the foregoing recommendation be complied with, and that the west banks of Connecticut River, and a line beginning at the north-west corner of the state of Massachusetts, from thence northward twenty miles east of Hudson's River, as specified in the resolutions of congress in August last, be considered as the east and west boundaries of this state. That this assembly do hereby relinquish all claims and demands to, and right of jurisdiction in and over any and every district of territory, without said boundary lines. That authentick copies of this resolution be forthwith officially transmitted to congress, and to the states of New Hampshire, and New York respectively.' "*


. Williams's Hist. of Vermont, pp. 276-234.


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PROCEEDINGS OF VERMONT.


Still this long protracted dispute was not terminated. "In this situation things remained, until several of the leading men in the United States, became alarmed with the operation and tendency of publick affairs. Statesmen of ability and information saw that the powers invested in congress, were in effect only the powers of a diplomatick body ; and wholly inadequate to the purposes of federal government. And that the liberties, the safety, and the union of America, could not be preserved, unless an adequate and efficient government could be established in the United States. Virginia had the honour to lead, in the first avowed opposition to the British king and parliament : and she was the first that attempted to call a convention of the states, to form a new federal constitution. The measure was crowned with that success, which might be expected from the deliberate consultations of a free and uncorrupted people, . aiming to secure the public safety. A new federal constitution was adopted by the people of America : and a new congress, fur- nished with competent powers, met in the city of New York, March 3d, 1789.




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