A history of Vermont, from its first settlement to the present time : with a geographical account of the country, and a view of its original inhabitants. For the use of schools, Part 6

Author: Eastman, Francis Smith, 1803-1846 or 7
Publication date: 1828
Publisher: Brattleboro' : Holbrook and Fessenden
Number of Pages: 228


USA > Vermont > A history of Vermont, from its first settlement to the present time : with a geographical account of the country, and a view of its original inhabitants. For the use of schools > Part 6


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10. What were the prospects of Vermont now ? Was there much emigration from the other States ?


CHAPTER IX.


FROM 1789 To 1828.


Settlement of the New- York controversy. Ad- mission of Vermont into the Union. Indian claims. Party contentions. War with Great Britain. Censors report to amend the Con- stitution.


SEC. 1. Notwithstanding the success which had attended the revolutionary struggle and the consequent independence of the


1. Was the system of general government found sirfficient at the close cf the var ? Were the powers of Congress limited? Was it found necessary to enlarge them ? What pine was proposed ! What did the convention do? Was 1: retired ? When was the new government to tale efect !


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United States, a short time was sufficient to demonstrate that some other system of general government than that which already existed was necessary, in order to realize the anticipations of publick and private prosperity which all had so fondly cher- ished.


Relieved from a sense of common and imminent danger, the articles of confederation, by which the States were held together, were found insufficient to accomplish the purposes of government. Under these articles, Congress had no power except to make requisitions upon the States, Hav- ing no anthority to enforce obedience, these requisitions were not unfrequently disregarded.


They had no power to regulate commerce, and of course could form no treaties, and trade languished. The revenne was deficient ; the publick creditors remained unpaid ; the national securities depreciated in value, and were sold in many instances at one eighth part of their nominal value.


Under these circumstances it became apparent that an enlargement of the powers of Congress was absolutely ne- cessary. The time had come when it must be decided whether the general government should be supported or abandoned-whether the objects of the glorious revolution- ary struggle should be realized or lost.


During this state of things, it was proposed that a con- vention of delegates from the thirteen States should be held, for the purpose of revising the articles of confedera- tion, and proposing such amendments as should seem ne- cessary. A convention was accordingly hell, and after some deliberation a constitution was agreed upon and re- ported to Congress, and submitted to the several States for ratificatio ...


Eleven States agreed to it ; and by an unanimous vote of the electors, George Washington was elected President. March 4, 1789, was the day fixed upon for the new govern- ment to commence operations. The remaining two States soon after acceded to the new constitution, and the guy- ernment was organized under the most flattering prospects, which have been already more than realized.


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. SEC. 2. Some disputes had arisen as to the location of the seat of government of the United States, and the decision seemed to waver between New-York and Philadel- phia. Vermont not being represented, the balance of power was against the castern States, and this proved a disadvantage to New-York.


New-York now, therefore, became anx- jous to have the Federal Union completed by the admission of Vermont, and accord- ingly appointed commissioners with full powers to negociate with her, and to settle all matters of controversy between them.


Vermont began to be inspired with more confidence in the general government, and was no longer averse to a union with the other States under the new constitution.


- In October, 1789, commissioners were appointed on the part of Vermont, to treat with those from New-York on tho controverted subjects, and to arrange all matters in dispute which prevented the union of Vermont with the United States.


Several meetings were held by the commissioners, and as those from both States were anxious to effect the objects of their appointment, the negociations were soon terminated in a manner satisfactory to all.


SEC. 3. 1790. In October the commis- sioners from New-York declared the con- sent of the Legislature of that State, to the admission of Vermont into the Union, and


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2. Was New-York still opposed to the admission of Vermont into the Union! Why was she anxious for it? How was Vermont affected towards the general government ! How did the negociations with New-York ter- urinate !


3. What declaration was made by the New-York commissioners ? Where was the boundary line fixed ? What compensation was required by Now- York ?


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the relinquishment on their part of all claim to jurisdiction, immediately on that event taking place.


It was settled that the boundary line be- tween the two States should be, (where it now runs,) the west limits of the towns granted by Now-Hampshire, and the mid- dle channel of Lake Champlain.


New-York also relinquished all right and title to lands in Vermont, on the payment to her of thirty thousand dollars.


Sec. 4. The Legislature of Vermont ac- cepted the proposals of New-York, and immediately authorised their treasurer to pay the sum specificd for extinguishing the New- York claims to lands.


Thus was terminated a controversy, which had been car- syd on for twenty-six years with untiring animosity by both Martes. Considering the state of things, the high excite- urat which prevailed, and the comparatively trifling con- : praxe , which ensued from it, it presents one of the most assuchung political phenomena that has been witnessed in


Notwithstanding the exasperation produced by contin- und acts of aggression and retaliation, all parties bad cau- tously and carefully avoided the shedding of blood.


The sturdy Vormonters were ever on the alert, and ready to defend to the last extremity what they considered fair nights; but were not willing to involve themselves bastily ta a civil war, or to stain the escutcheon of liberty Ly sets of slaughter and carnage.


Src. 5. Being thus relieved from all ex- teraal troubles and difficulties, a conven-


4 D .: Vermont agree to the proposal ! Was the controversy remarks- bet Way '


What resolution war passed at Bennington ! When was Vermont ad- ER'eJicto the Union :


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HISTORY OF VERMONT.


77 tion of the people of Vermont was called, to consider the subject of an union with the Federal government.


January 11, 1791, the convention met at Bennington, and after some debate it was resolved, that it was expedient for Vermont to be connected with the confederated States.


The Hon. Nath. Chipman and Lewis R. Morris, Esq. were appointed commission- ers by the Assembly, to negociate with Congress on the admission of Vermont into the Union.


February 18, 1791, the preliminaries were all settled, and by an unanimous vote of Congress Vermont was admitted into the Union, and allowed to take a seat in that body on the 4th of March following. Thus the Federal Union was completed, and all controversies respecting Vermont brought to a close.


SEc. G. 1792. In October the Legisla- fure met, and appointed a committee to compile a code of laws, adapted to the wants of the people. The constitution was afterwards revised by a Council of Censors, and July 4, 1793, adopted by the Conven- tion at Windsor in its present form.


Thomas Chittenden was at this time governor. He was


6. When was a committee appointed to compile a code of laws ? Were they afterwards revised ! Who was governor at this time ? What is said of bim *


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placed at the head of the State government in 1778, and continued in that station till his resignation in 1797. He bore a distinguished part in the early transactions in Ver- mont, and was deeply interested and very active in the con- . troversy respecting the Now-Hampshire grants.


During the scenes of violence and confusion which atten- ded that long and arduous controversy, he sustained the part of an able councillor, and a firm, unshaken politician. A few weeks after his resignation he terminated a life of 68 years, a large part of which had been devoted with zeal and ability to the cause of Vermont.


SEC. 7. Soon after the close of Gov. Chittenden's administration, two parties began to form in the State. They styled themselves Federal and Republican in contra distinction.


Strange as it may appear that a people living in an inland part of America should in any way be affected by the af- fairs of Europe, yet the principal subject of dispute origin -- ated in different opinions relative to the transactions at that time going on in France. .


The federal party in America were opposed to the French principles, and for several years maintained the ascendancy in Vermont ; but afterwards the republicans became most numerons. Daring this year (1797) Isaac Tichenor was elected governor.


SEC. 8. 1798. An application was laid - before the Legislature at their session this year, from some of the Indian Chiefs in Canada, claiming a large tract of land in the northwest part of the State; and re- questing compensation for it from the gov- ernment.


A committee was appointed to investigate the grounds of


7. What parties now appeared ? How did the disputes originate ? Which was opposed to the French principles ? Who was elected governor in 1797 !


8. What application was made to the Legislature in 1798 ? What did the committee report ! What is said of party spirit? What did the republicans attempt in 1800 ! For what purpose ? Which party had the majority in 1301 ?


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the claim. They reported that "they had had a claim to the said land, but that in the former wars between the Eng- Jish and French, the Indians had removed to Canada and joined their fortunes with the latter ; that the English be- ing victorious, had gained these lands by right of conquest.


"That in the late war between England and her colonies they had united themselves with the former, and thereby involved their interests with them. The United States proving victorious, and the lands south of Canada being surrendered to them, the Indian claim became entirely ex- tinguished, and the right to the lands in question was vested in Vermont."


1799. The governor, by direction of the Legislature. notified the Indians of the Seven Nations that, in conse- quence of the above mentioned circumstances, their title had become extinet, and that they had now no claim to any lands in Vermont.


In the mean time Washington had declinedla re-election to the office of President of the United States, and John Adams was elected in his stead. Party spirit began to run high throughout the Union ; the Federalists being in favour of the administration, and the Republicans opposed to it. As yet the Federal party kept the ascendancy in this State, but Republicanisin was daily gaining ground.


1800. The time was now approaching when another election of President must take place. The republicans knowing that if the appointment of electors for Vermont should be made in the usual manner by the Legislature, that they would all be in favour of Sir. Adams, made an attempt to have the State divided into districts, and electors to be chosen directly by the people. The bill was, however, negatived in the House of Representatives, by a vote of 95 to 73.


1801 to 1805. Mr. Adams had lost his election of Presi- dent, and Mr. Jefferson, his opponent, and of the republican party, was elected by a majority of one vote. The repub- licans had now obtained a majority in the House of Repre- sentatives of this State of about 20 votes, and that party now began to predominate.


SEC. 9. 1805. There had never yet been any place fixed upon as a permanent


9. Had the seat of government been permanently Gxed? Where was it What was the ordinary business of the Legislature ! E.1


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seat of government; by an act of the Le- gislature it was fixed at Montpelier from. the year 1808. :


The sessions of this body had been uniformly continued from its organization in 1778. A connected detail of its proceedings after the settlement of the New-York contro- versy, could be of little use, and extremely uninteresting, and is therefore omitted.


The principal and ordinary business of the Assembly con- sisted in the appointment of the civil officers, granting taxes for the support of government, schools, and roads ; and the enactment of such laws as the interests of the people might require.


SEC. 10. 1806. Petitions for Banks were presented to the Assembly this year from several towns. The policy of granting such institutions in this State was much doubted by some, and caused some debate. It was also difficult to decide where they should be located. .. :


A project for a State Bank was however proposed, and it was finally chartered .-- One branch was established at Woodstock and another at Middlebury. It proved in the end an impolitick measure, and was finally after some time abandoned.


June 18, 1812, War was declared by the United States against Great Britain. The principal grounds of it were -- The impressment of American seamen into the service of Great Britain, and depredations committed upon the com- merce of the United States under the pretence of block- ading the coast of Enrope, whither our staples were then carried. With the exception of some naval actions, no im- portant transactions took place this year. .


10. What petitious were presented in 1806 ? Were they granted? What plan wasAdopted ! Where were the branches located? When was war do- clared against Great Britain ? What were the grounds of it ? What took place on Lake Champlain ? What advantage did the British gaia !


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1813. Preparations were now made for the invasion of Canada, and naval armaments were collecting on the lakes. The force of the Americans on Lake Champlain consisted only of two schooners, and several armed barges and gun- boats. On the first of July they were attacked in the north part of the lake by a superior force, and after an action of three hours, were obliged to surrender.


By this action the British obtained command of the lake. They soon after landed and burnt Plattsburgh in New-York, and committed some depredations in Swanton, Vermont.


SEC. 11. 1814. Great exertions were made by Com. Macdonough to prepare a fleet which would cope with that of the en- emy on Lake Champlain. This was nearly effected in the spring, and the flotilla lay at Vergennes, waiting for the arrival of its ar- mament.


Fortifications had been erected at the mouth of Otter Creek for its protection. On the 12th of May the British squadron appeared before the battery, and commenced a blockade. Apprehensions were entertained of an attack in the rear of the fortifications, and Gou. Davis, of the Vermont militia, was ordered out with his brigade to oppose the landing of the enemy.


On the 14th the British commeaced an attack, which was successfully resisted. They were compelled to retire with the loss of two gallies, they being so damaged as to compel them to abandon them.


The whole squadron soon after moved down the lake .- Some skirmishing took place at Burlington with the militia under Gen. Wright. Com. Macdonough attempted to bring round some of his vessels to the mouth of the Creek. but the enemy disappeared before he could effect the object.


SEC. 12. Early in September it was an- nounced that Sir George Prevost, with an


11. What was Macdonough exerting himself to do ? Where did it lay ?


12. What did Prevost threaten in September ? Where were the Ameri- cans fortified ? Relate the particulars of the engagement between the fleets. What other action was fought ? Relate the particulars. How were the mill- fury operations closed ? Where was the treaty of peace signed ?


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army of fourteen thousand men, was about making a descent upon Plattsburgh. The American forces at that place, under Gen. Macomb, had been reduced to one thou- sand men.


When the intelligence of this invasion was received in Vermont, the militia were called out, and a large number of volunteers crossed the lake to support their friends. On the arrival of Provost the Americans occupied the fortifi- cations on the southwest bank of the Saranac .*


At this time both the British and Americans had a re- spectable naval force on Lake Champlain. The former had the superiority in number of guns and men. On the 11th, while the American feet under Macdonough was lying off Plattsburgh, the British squadron was observed bearing down upon them in order of battle.


An obstinate engagement ensued, which continued for two hours and twenty minutes. The enemy were complete- ly defeated, and most of their vessels were either destroyed or fell into the hands of the Americans.


This contest between the rival squadrons was fought in sight of both armies, and served as a signal for an engage- ment by land. The American force was now considerably augmented by the arrival of reinforcements of Vermont and New-York militia and volunteers.


Gen. Prevost led on his troops and commenced an attack upon the batteries, and was received by a destructive fire from the Americans. He made several attempts to cross the Saranac, but was effectually repulsed; and before sun- set his temporary batteries were completely silenced.


At 9 o'clock, Gen. Prevost, finding himself unable to cf- fect his object, hastily drew off his forces and left the field, after a loss of two thousand five hundred men, killed, woun- ded, and deserted.


By the events of this day, large quantities of stores fell into the hands of the Americans, and their flag was per- mitted to wave in triumph over the waters of Lake Cham- plain.


Several splendid actions were also fought in various parts


* Plattsburgh Is situated at the mouth and on the northeast side of the river Sarenec. The American works were directly opposite.


HISTORY OF VERMONT.


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of the Union; the military operations were finally closed by the triumphant defence of New-Orleans, and the defeat of the British.


About the close of this year the war was terminated by the signing of a treaty of peace at Ghent .*


SEC. 13. The opinions of the people of Vermont, in common with those of the oth- er States, were much at variance as to the justice and expediency of this war. It was strongly supported by the republicans, and violently opposed by the federalists.


Their measures were carried on with considerable animosi- ty, and high hopes were entertained by the British of a more serious division. - They found, however, on their iuva- sion of the country, that both parties were ready to unite for defence against the common enemy.


Party feeling in Vermont attained its greatest violence at the commencement of the war, and continued to rage till its termination. The measures of the general government and the appointment of civil officers, formed the principal subjects of dispute. When one party gained the ascendan- cy, those of the other were generally excluded from office.


The parties were nearly equal in 1806, and continued so, the republican usually predominating, until the close of the war.


From that period the violence of party feeling rapidly declined. In a short time the terms, federal and republican, were forgotten, and all old controversies appeared to be en- tirely buried in oblivion.


SEC, 14. 1827. A Council of Censors was appointed to revise the constitution of the State. They held their session in June, and made a report suggesting several im- portant amendments. A Convention of


13. Were the people unanimous in their opinions relative to the war ? Did the federalists or republicans support it.


14. What did the Council of Censors report in 1827.


*This treaty was signed December 24, 1814, and ratified by Congress the 14th of February following.


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delegates-from all the towns was according- ly called to consider and act upon it.


CHAPTER X.


Constitution, Government, Judiciary, Punish- ment of Crimes, Manufactures and Trade, Military Establishment, Science and Litera- ture, Religion, Population, Character.


'The inhabitants of Vermont by their representatives, at a Convention held at Windsor, July 4, 1793, adopted the follow- ing declaration of rights, and constitution :


DECLARATION OF RIGHTS.


ARTICLE 1. That all men are born equally free and in- dependent, and have certain natural, inherent, and unaliena- ble rights, among which are, the enjoying and defending life and liberty, acquiring, possessing, and protecting prop- erty, and pursuing and obtaining happiness and safety ;- therefore, no male person born in this country, or brought from over sea, ought to be holden by law to serve any per- son as a servant, slave or apprentice, after he arrives to the ageof twenty-one years, nor female in like manner after the arrives to the age of eighteen years, unless they are bound by their own consent after they arrive to such age. or bound by law for the payment of debts, damages, tines, costs, or the like.


ART. 2. 'That private property ought to be subservient to publick uses when necessity requires it ; nevertheless, whenever a person's property is taken for the use of the publick, the owner ought to receive an equivalent in money.


ART. 3. That all men have a natural and inalienablo right to worship Almighty God according to the dictates of their own consciences and understandings, as in their opin- jon shall be regulated by the word of God ; and that no


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man ought to, or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of his conscience ; nor can any man be justly deprived or abridg- ed of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship ; and that no authority can, or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship ; nevertheless, every sect or denomination of christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall scom most agreeable to the revealed will of God.


ART. 4. Every person within this stato ought to find a certain remedy, by having recourse to the laws, for all inju- ries or wrongs which he may receive in his person, proper- ty, or character : he ought to obtain right and justice freely, and without being obliged to purchase it ; completely, and without any denial ; promptly, and without delay, conform- ably to the laws.


ART. 5. That the people of this state by their legal representatives, have the sole, inherent, and exclusive right of governing and regulating the internal police of the same. .


ART. 6. That all power being originally inherent in, and consequently derived from, the people; therefore all offi- cers of the government, whether legislative or executive,. are their trustees and servants, and at all times, in a legal way, accountable to them.


ART. 7. That government is or ought to be instituted for the common benefit, protection and security of the peo- ple, nation, or community, and not for the particular emolu- inent or advantage of any single man, family, or set of men, who are a part only of that community ; and that the community hath an indubitable, inalienable, and indefeasible right to reform or alter government, in such a manner as. shall be by that community judged most conducive to the publick weal.


Apr. C. That all elections ought to be free and without corruption, and that all freemen, having a sufficient evident common interest with, and attachment to, the community, have a right to elect and be elected into office, agreeably. to the regulations made in this constitution.


ART. 9. That every member of society bath a right to


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be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expense of that protection, and yield his personal ser- vice when necessary, or an equivalent thereto ; but no part of any person's property can be justly taken from him, or applied to publick uses, without his own consent, or that of the representative body of freemen; nor can any man who is conscientiously serupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent ; nor are the people bound by any law but such as they have in like manner assented to, for their common good. And, previ- ous to any law being made to raise a tax, the purpose for which it is to be raised ought to appear evident to the le- gislature to be of more service to the community, than the money would be if not collected.


ART. 10. That in all prosecutions for criminal offences a person hath a right to be heard, by himself and his coun- sel ; to demand the cause and nature of his accusation ; to be confronted with the witnesses ; to call for evidence in his favour, and a speedy publick trial, by an impartial jury of the country, without the unanimous consent of which jury he cannot be found guilty ; nor can he be compelled to give evidence against himself'; nor can any person be justly de- prived of his liberty, except by the laws of the land, or the judgment of his peers.




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