USA > New York > The natural, statistical, and civil history of the state of New-York, v. 3 > Part 22
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An act for raising five millions of dollars within the state, was passed at the same session. The tenth section of this act made special provision for collecting the double taxes charged on the lands of persons who had removed within the enemy's lines. In 1778, a law had been made, imposing heavy taxes on such as left them and removed within the lines of the enemy.
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The fourth session of the legislature was held at the city of Albany in the winter of 1781. The house, on the twentieth of March, enacted, that two regiments, to contain in the aggre- gate, fifteen hundred men, in addition to those already in ser- vice, should be raised for the defence of the state, and that the same should continue in service for three years from their en- listment, unless sooner discharged. The officers, by the act, were to be appointed by the governor and council. From the words of the act it would appear, that the legislature contem- plated that these troops should be paid, clothed, subsisted, armed and equipped by the United States. The faith , of the state was pledged to the officers and soldiers, that lands should be granted to them as a compensation for their services ; and that they should be allowed to locate the same among the lands already not appropriated. The troops raised under this act were to be subject to the rules and articles of war, established for the regulation of the army of the United States, and to be under the command of Washington. These regiments were not to serve out of the state, without the orders of the governor.
The owners of slaves, on delivering one or more to serve in the said regiments, were entitled to grants of lands similar to those made to the soldiers. Such slaves as were delivered over by their masters, and served till the term expired, were to be manumitted. The act contained this singular proviso, that all lands granted for services rendered, should be forfeited within three years, unless settled. The proviso was well calculated to throw all or most of the lands, thus earned by the hard service of the soldiers, into the hands of speculators, who could from time to time procure the enactment of laws confirmatory of their titles, without complying with the original requirements, and this, probably, was the object of the more knowing ones amongst the enactors. At the time this law was made, nearly the whole of the state was covered with woods, only about one- thirtieth part being improved ; and the greater part of the wild lands, situated in the vicinity of the settlements, was already in the hands of patentees. Access to the vacant lands was diti- cult. Roads had to be opened, houses built, and provisions. "
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till improvements were made, and returns had from the earth, were to be brought a great distance. Such was the situation of the lands, and circumstanced as every thing was, it must have been manifest, to persons of moderate discernment, that the proviso was of such a nature as to work a forfeiture. .
An act enabling the executive to exchange persons applying for that purpose, as prisoners of war, for the subjects of the state, in the custody of the enemy, was also made.
Provision was provided for the troops then in the service of the state. The great extent of the frontiers of this state at that time, and the smallness of the population, rendered the defence extremely difficult, and in some measure impracticable, since the enemy could select his points of attack. The Mohawk, Schoharie, and Minisink districts, from their remote and border situation, were the most exposed ; and in truth, these districts gre nearly desolated by the frequent inroads made.
The legislature held their fifth session at Poughkeepsie, in the winter of 1782. At this session, as at former sessions, provision was made to complete the troops of the line of this state, which were in the service of the United States, and also to complete the two regiments, which had been levied the pre- ceding year on bounties of vacant lands.
The predatory warfare, carried on by the enemy, imposed very heavy military duties on the citizens of this state. No state belonging to the confederation was so much exposed, and no one suffered so many and great losses. The head-quarters of all the British armies, were at the city of New-York, and had been since the first of September, 1776.
On the eleventh day of April, in the same year, the legisla- ture incorporated a bank, called the bank of North America, and enacted, that no other bank should be established in the State. This bank was common to all the states, and was in- corporated in this state, pursuant to a resolution of Congress, made the twenty-sixth day of May, 1781. The following is the substance of the resolution : "Resolved that Congress do approve of the plan for establishing a national bank, submitted to their consideration ; and that they will promote and support
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the same by such ways and means, as will be consistent with the public good," &c. And that it be recommended to the several states to provide, that no other bank or banks be estab- lished during the war. That the notes to be issued shall be received in payment of taxes, duties, and debts payable to the United States.
Congress also recommended to the several states, to pass laws, making the counterfeiting of the bills felony, without be- nefit of clergy, and punishable with death. The legislature passed a law to that effect.
The object of getting up this bank seems to have been to increase the finances of the United States, and to aid in carry- ing on the war.
In July, 1782, a law was enacted, prohibiting grants or loca- tions of lands in the county of Tryon. The law specifies, that all lands situated in said county, and which are bounded on the north by Lake Ontario, Onondaga river, (Oswego River) and Oneida Lake; on the west by a line drawn from the mouth of Great Sodus,. or Assorodus Creek (we suppose Sodus Bay.) through the most westerly inclination of Seneca Lake ; on the south by an east and west line, drawn through the most south- erly inclination of Seneca Lake ; and on the east by a line drawn from the most westerly boundary of the Queida or Tuscarora country, on the Oneida Lake, through the most westerly inclination of the west bounds of the Oneida or Tus- carora country, shall be set apart for the officers and soldiers of this state, who should serve in the army of the United States, agreeable to law. The lands within the preceding boundaries, at present comprise what is called the military tract-but fur- ther concerning these lands hereafter.
The sixth session of the legislature was held at Kingston, in the county of Ulster, in the winter of 1783. At this session, divers acts were enacted ; some to raise troops, and provide for those in service ; and others to prevent private lotteries, in- corporate churches, repair roads, &c.
It has already been remarked, that the enemy, after the bat- tle of Long Island, in August, 1776, possessed himself of that VOL. III. 31
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island, and the city and county of New-York, and held them to the peace of 1783. Besides these, the enemy was in pos- session of Fort Oswegatchie on the St. Lawrence, Fort Oswe- ' go on Lake Ontario, at the mouth of Oswego river, and Fort Niagara at the mouth of the River Niagara. These were not given up till the year 1796. The possession of these forts connected Detroit, Mackinaw, and other posts on the lakes, with Montreal, and gave the enemy an unbounded influence over the Indians residing around the lakes, and in the interior and western parts of this state. Their reduction, owing to the weakness of the state and the difficulty of access, was not un- dertaken ; an enterprise against Oswego, which miscarried, ex- cepted. This was attempted in winter, but the detachment of troops employed were obliged to relinquish it, after they had proceeded as far as the outlet of Oneida Lake, in consequence of the depth of the snow, and the severity of the weather. Could the state have obtained possession of the posts occupied by the enemy on its frontiers, it would have greatly impaired the in- fluence of the British over the Indian tribes, and might have . prevented most of the devastations committed on the border settlements. All the inroads were made on the side of the lakes. The tories repaired to these posts, and aided in getting up expeditions. The Indians also repaired to these posts to trade. There they were supplied with arms and ammunition. There also they were excited, by the enemy's agents, to do acts which they would not have done otherwise. The Onondagas and Cayugas lived in the neighbourhood of Oswego, and the Senecas in that of Niagara. They were in the constant habit of intercourse with the traders, agents and garrisons of these places. The remoteness of their situation, and the difficulty of access, occasioned little or no apprehension of a visit from the Americans, before the expeditions made in 1779. The Oneidas residing near Fort Stanwix, and our settlements on the contrary, being influenced by our people, in consequence of their inter- course with them, or dreading an invasion, remained neutral throughout the war. The state government, after the defection of the Mohawks, Onondagas, Cayugas and Senecas, in 1776,
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test the Oneidas might be induced to take up arms, prevailed on them to remove from their habitations to Schenectady .- Here they were provided for till the year 1784, when they re- turned again to their possessions. The friendship and neutra- lity of the Oneidas were very beneficial to the border inhabi- tants. These, although they could not have brought into the field over two hundred and fifty, or three hundred warriors, might have considerably increased the calamities of the frontier settlers.
The remainder of this chapter we shall devote mostly to the controversy between this state and the people of Vermont, dur- ing the revolution. In a former chapter we have spoken con- cerning the origin of this controversy, and such things as ap- pertained to it before the revolution. The controversy being a subject of considerable interest, is taken up separately. This we have done, to the end, that the reader might the more readi- ly understand it.
On the sixteenth day of January, 1776, a convention met at Dorset, and drew up a petition to Congress.
In this they avowed their willingness to bear a proportion in the war, manifested their zeal in the common cause, and professed their readiness to contribute in men and money whenever called upon by Congress ; but at the same time they declared, that they were unwilling to put themselves under the government of New- York.
This was the first formal application which they made to Congress. The petition was referred to a committee, who re- ported that it was their opinion, that it be' recommended to the petitioners for the present, to submit to the government of the state of New-York, and assist their countrymen in the contest with Great Britain.
In August, 1776, the convention of the state of New York, voted that all quit-rents formerly due to the kingdom of Great Britain, are now due and owing to the state. This vote, which was as impolitic and as unjust, as it had been in the late go- vernment to make it, revived the controversy and excited alarm's which were artfully fomented by the leaders. Some were for
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uniting with New Hampshire, and disclaiming all dependence upon New-York, but that state disclaimed all right to the ter- ritory, and refused to have any political connexion with the in- habitants-others expressed a desire to return under the go. vernment of New-York. But the more resolute and numerous body, were for establishing a government independent of either. A meeting of fifty-one members, from thirty-five of the disaffect- ed towns, was held at Dorset. Here they entered into an as- sociation for the purpose of resisting the enforcement of the laws of New-York, and for the purpose of opposing Great Bri- tain.
They denounced all persons who should join with the con- vention of the state of New-York. They petitioned Congress again, that the disaffected district might be received and rank- ed among the independent states of America, and that dele- gates therefrom might be admitted into that body. . This peti- tion was presented by four of the leaders.
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The proceedings of this meeting were viewed by the people of New - York and New England in very different lights. The former considered them as subversive of the laws, and as tend- ing to rebellion. The latter rather commended than censur- ed them. They viewed the course pursued by New-York to be the same as that which the royal government had pursued- indeed it was-the lands had been, and still were, the boon of contention.
. The colonial government had determined to dispossess the proprietors-the state government, which had supplanted the royal, was bent on carrying the determination of its predeces- sors, however impolitic or unjust, into execution. It had imbib- ed all the feudal notions of the former, and there was no check but force-there was no majesty to interpose.
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About this time, the committee of public safety of the state of New-York, in the plenitude of their power, took up the mat- ter, and by their direction, Mr. A. Ten Brook, the president of the convention, on the twentieth day of January, 1777, gave this information to Congress :- " I am instructed by the com- mittee of public safety of the state of New-York," says he, " to
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inform Congress, that by the arts and influence of certain design- ing men, a part of this state hath been prevailed to revolt, and disavow the authority of its legislature." "The various evi- dences and informations we have received, would lead to be- lieve, that persons of great influence, in some of our sister states, have fostered and fomented these divisions : But as these informations tend to accuse some of the members of your honourable body, of being concerned in this scheme, decency obliges us to suspend our belief. The convention are sorry to observe, that by conferring the commission of colonel upon Mr. Seth Warner, one of the leaders, with authority to name the officers of a regiment, to be raised independently of the le- gislature of this state, and within that part of it which hath lately declared an independence upon it, Congress hath given but too much weight to the insinuations of those, who pre- tend that your honourable body are determined to support these insurgents, especially, as Mr. Warner hath been constant- ly opposed to the legislature of this state and its laws; and hath, on that very occasion, been proclaimed an outlaw by the late governor. It is absolutely necessary to recall the commis- sions given to Mr. Warner, and the officers under him, as nothing else will do justice to us, and convince those deluded people, that Congress have not been prevailed on to assist in dismem- bering a state, which of all others, has suffered the most iu the common cause." This communication, abounding with warmth, and expressions tending to irritate, widened the breach, and ac- celerated the separation.
On the first of March, in the same year, the convention of New-York renewed their representation to Congress. In this they say, that they depend upon the justice of that body, to adopt every wise and salutary expedient to suppress the mis- chiefs which must ensue to the state, and the general confed- eracy, from the unjust and pernicious projects of such of the inhabitants of New-York, as merely, from selfish and interest- ed motives, have fomented the dangerous insurrection : " That Congress might be assured that the spirit of defection, notwith- standing all the arts and violence of the seducers, was by no
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means general: That the county of Gloucester, and a very great part of Cumberland and Charlotte counties, continued stead. fast in their allegiance to the government of New-York : And that there was not the least probability that Mr. Warner could raise such a number of men as would be an object of public :noment." 1
This, as well as the preceding, was by no means calculated to concilitate the minds of the disaffected, whose all was at stake. The people of Vermont were uniformly represented as rebels. The rulers of the state of New-York had taken very nearly the same grounds that the colonial government had, and evinced an unwillingness to come to any terms, short of an absolute surrender by the inhabitants of their lands, and an abject submission. They did not consider that the dispute originally arose about the wild lands, granted by New Hamp- shire, and that this was the source of the whole controversy. The lands had cost the government of the state of New-York nothing. They had formerly been wild, and were now partly improved. An active and industrious population had been introduced, which might have added strength and importance to the state, under conciliatory and equitable laws. New-York wanted inhabitants ; she was mostly covered with forests ; she was then nearly a wilderness. A single act of the legislature, confirmatory of the New Hampshire grants, would have quiet- ed all, restored peace and harmony, and put an end to the controversy. But this must not be done : There was too much interest at stake : The lands which had been settled, had be- come valuable, and were becoming more so every day : A cer- tain description of land-jobbers must be benefited. Instead, therefore, of pursuing mild and equitable measures, the very reverse were resorted to, and an everlasting separation occa- sioned.
The proceedings of the people of Vermont, and the measures pursued by the government of New-York, had already become objects of considerable attention in the neighbouring states .- The former seemed to be commended and the latter censured.
In April, 1777, a paper was printed at Philadelphia, which
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was addressed to the people of Vermont. To this address was prefixed a resolution which Congress had passed May 15, 1776. The resolution, with its appendages, appeared to favour the wishes and course pursued by the inhabitants of Vermont .- The paper and resolution, with the opinion of several leading members of Congress, recommending a convention, the choos- ing of delegates to Congress, a committee of public safety, and the formation of a constitution, occasioned considerable indig- nation in New-York. The council of public safety directed their president, Mr. Pierre Van Cortlandt, to write to Congress on this subject. Agreeable to their direction, Mr. Van Cort- landt, on the twenty-eighth day of May, 1777, informed that body that a report prevailed, and daily gained credit, that the revolters were privately countenanced in their designs, by cer- , tain members of Congress : That the council of safety estecmed it their duty to give them such intelligence, that by proper re- solutions on the subject, Congress might cease to be injured by imputations so disgraceful and dishonourable. However un- willing we may be to entertain suspicions so disrespectful to any member of Congress, yet the truth is, that no inconsider- able number of the people of this state do believe the report to be well-founded.
On the twenty-third day of June, 1777, one of the delegates from New-York laid before Congress the printed paper, pub- lished at Philadelphia, containing the resolution of that body, and the opinion of some of its leading members, and requested a decision. Congress ordered the printed paper, the letters from Messrs. Ten Brook and Van Cortlandt, and those from the inhabitants of Vermont, to be referred to a committee of the whole. On the 30th of June, they passed several resolves, among which we shall copy the following :-
" Resolved, That the independent government, attempted to be established by the people, styling themselves inhabitants of the New Hampshire grants, can derive no countenance or jus- tification from the act of Congress, declaring the United Colo- nies to be independent of the crown of Great Britain, nor from any other resolution of Congress."
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" Resolved, That the petition of Joseph Fay, and others, it the name and behalf of the people styling themselves as afore- said, praying, in their declaration, that they would consider themselves as a free and independent state, may be received ; that the district, in the said petition described, may be ranked among the free and independent states ; and that delegates therefrom may be admitted to seats in Congress. be dismissed."
" Resolved, That Congress, by raising and officering the re- giment commanded by Colonel Warner, never meant to give any encouragement to the claim of the people aforesaid, to be considered as an independent state."
They also passed a resolution, that the contents of the para- ยท graph appended to their resolution of May 15th, 1776, and published at Philadelphia in the month of April, 1777, were gross misrepresentations, and calculated to mislead the people.
These resolves were favourable to the claims of the state of New-York, and evinced a wish, on the part of Congress, not to interfere in the controversy. At this late period a reconcilia- tion might have been brought about, had the rulers moderated their claims and confirmed the New Hampshire grants. The people of Vermont had failed in their application for admission into the confederacy. They were wearied of the controversy, and would gladly have submitted, had their property and liber- ties been guaranteed to them. But the resolves tended to en- courage the rulers of New-York to persist, and to take strouger grounds. The people of Vermont became every day more de- termined, when they saw that all the avenues to conciliation, and the security of their dearest rights, were barred.
They assembled, and formed themselves into a commonwealth, elected a governor, and chose members of assembly. Such was the state of things in Vermont, when General Burgoyne com- pelled the northern army to abandon Ticonderoga. Soon after this event a dispute arose between Vermont and New Hamp- shire. This was occasioned in consequence of the inhabitants, on the east side of Connecticut River, desiring to.unite with the Vermontese in the erection of a new state. Sixteen towns of New Hampshire disclaimed all connexion with the parent state.
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In 1778, the legislature of Vermont voted that these towns should be admitted. At the next meeting the members from the sixteen towns, together with fifteen others, withdrew, be- cause the house refused to erect a county on the east side of the river, and formed themselves into a convention, and invited the towns on both sides of the river to meet with them. On the ninth day of December, 1778, they convened at Corinth, where it was proposed to form a state from the west part of New Hampshire and the east part of Vermont. In February, 1779, the Vermontese assembly abrogated the union with the six- teen towns, and limited their views on the east to Connecticut River.
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Not long after this, New Hampshire put in a claim for the whole tract of country, comprising the state of Vermont. This claim was laid before Congress. New-York also renewed her claim, and laid it before the same body.
The people of Vermont became more alarmed than ever. They imagined that the claimants had agreed upon a division of the country between them.
About the same time, Massachusetts likewise put in a claim. Thus three states had entered the lists for the contested terri. tory.
Mr. Clinton, the governor of the state of New-York, wrote, on the seventh of July, 1780, to one of his friends in Vermont, that he would still, as on a former occasion, earnestly recom- mend prudent resistance to the drafting of men, raising taxes, and the exercise of every act of government, under the ideal Vermont state ; and that in those towns where the friends of the government were sufficiently powerful for the purpose, he would advise associations for the mutual defence of their persons and estates, against usurpation. The usurpation here complained of, consisted in the manly defence of the Vermontese in their estates and persons, against unjust laws.
In a letter of July 8th, he warmly urged Congress to come to a decision. He censured the inhabitants for the violence of their proceedings, averred that it would soon bring on a civil war, and that all the grievances which the people had suffered, VOL. III. 32
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. arose from the late royal government of the province of New- York, and not from the present. This was very quaint reason- ing, and not at all to the purpose. The governor and his friends were following the very footsteps of the royal govern- ment.
Ju 1779, the controversy bore a very hostile appearance. The inhabitants in Cumberland had, in general, been well af- fected towards the government of the state of New-York, and showed an unwillingness to unite in the erection of a new state. This gave umbrage : Colonel Ethan Allen, the principal leader, was directed by the Vermontese government to assemble a part of the militia and march into Cumberland, and coerce the in- . habitants to renounce the government of New-York, and ac- knowledge that of Vermont. Upon obtaining intelligence of this, Colonel Patterson, the commander of the militia of Cum- berland, wrote to Mr. Clinton, for advice and directions how to act. In answer, Mr. Clinton recommended firmness and pru- dence, and assured him, that if it . became necessary, he would order out a detachment of militia to protect the people.
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