USA > Vermont > Early history of Vermont, Vol. I > Part 10
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who expected that Congress would have averted the storm : but, disappointed in this, and unjustly treated as the people, over whom I preside, on the most serious and candid deliberation, conceive themselves to be, in this affair, yet blessed by heaven, with constancy of mind, and connections abroad, as an honest, valiant and brave people, are necessitated to declare to your Excellency, to Congress and to the world, that, as life, liberty and the rights of the people, intrusted them by God, are inseparable, so they do not expect to be justified in the eye of heaven, or that posterity would call them blessed, if they should, tamely surrender any part." And closed his reply as follows : "Notwithstanding the usurpation and injustice of neighboring governments towards Vermont, and the late resolutions of Congress, this government from a principle of virtue and close attachment to . the cause of liberty, as well as a thorough exami- nation of their own policy, are induced, once more, to offer union with the United States of America, of which Congress is the legal representative body. Should that be denied, this State will pro- pose the same to the Legislatures of the United States, separately, and take such other measures as self-preservation may justify."
While the matter, concerning the jurisdiction of Vermont, was before Congress, there was an effort made by Ira Allen, Luke Knowlton and others, to unite thirty-five towns east of Connecticut River and that part of New York east of Hudson River (extending from North Latitude 45° to the north line of Massachusetts) with Vermont under the
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same jurisdiction, but this scheme was finally abandoned.
Vermont not having been made a party to the deliberations in Congress as to the settlement of the claims to the Vermont lands and her jurisdic- tion, Ira Allen and Stephen R. Bradley, the Ver- mont agents, remonstrated against the proceed- ings of Congress although they were invited to at- tend the deliberations and declined because they were not treated by Congress as the agents or representatives of any State or people invested with legislative authority. On the 22nd day of Sept. 1780, the Vermont agents sent in to Con- gress their formal remonstrance against their pro- ceedings, which closed with the following warn- ing, "It gives us pungent grief that such an impor- tant cause, at this juncture of affairs, on which our all depends, should be forced on by any gentlemen professing themselves friends to the cause of Amer- ica with such vehemence and spirit as appears on the part of the State of New York; and shall only add, that if the matter be thus pursued, we stand ready to appeal to God and the world, who must be accountable for the awful consequences that may ensue." Congress having heard the evidence produced by New York and New Hampshire, on the 27th day of Sept., 1780, resolved that the fur- ther consideration of the subject should be post- poned. On the 22nd day of November, 1780, Gov. Chittenden made demand on the Legislature of New York, by letter to Gov. Clinton, to give up and fully relinquish their claims to jurisdiction over Vermont. Governor Clinton on Feb. 5th,
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1781, transmitted the letter with his message to the New York Assembly, in which he said, "Noth- ing but the desire of giving you the fullest inform- ation of every matter of public concern, could in- duce me to lay before you a demand, not only so insolent in its nature and derogatory to the honor of the State and the true interests of your constit- uents, but tending to subvert the authority of Congress." This message and letter was referred to the New York Senate to a committee of the whole, and in the House to a committee of nine. On the 21st of February, 1781, the Senate consid- ered the subject, and a resolution was reported, "declaring it inexpedient for the State to insist fur- ther on its right to jurisdiction over Vermont," and provided for commissioners to meet commis- sioners of Vermont to settle the terms for a cessa- tion of jurisdiction by New York. On the same day the Senate adopted the resolutions with only one dissenting voice, and sent them to the House for concurrence, where they were made the order of the day for Feb. 27th, 1781.
Before a vote was taken in the House on the resolutions, Gov. Clinton sent in his message, de- claring that, "if the House should agree to carry those resolutions into effect, the duties of his office would oblige him to exercise the authority vested in him by the constitution, and prorogue them." This threat prevented the adoption of the resolu- tions. The Vermont Assembly, by an act of Feb. 14th, 1781, endeavored to promote the project of consumating the east and west union which was to include towns east of Connecticut River as far as
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the Mason line, and on the west to Hudson river, but the defeat of the resolutions in the New York House by the threat of Gov. Clinton, suspended the movement.
Gov. Chittenden had also made demands to the Governors of Massachusetts and New Hampshire, for their respective States to relinquish their claim over the jurisdiction of Vermont. Massachusetts responded favorably. New Hampshire would ac- quiesce in such determination as Congress should make. Connecticut and Rhode Island seemed to be favorably disposed towards Vermont, and ap- pointed commissioners to take into consideration the subject matter of the policy and justice of ad- mittiug into the Union the people calling them- selves the State of Vermont, to meet commission- ers from the other New England States and the State of New York, in convention, to be holden in Providence on the 12th of April, 1781, to confer on that subjeet, and for conferring on the matter of their common defence against the British.
On Jan. 16th, 1781, delegates from forty-three towns in New Hampshire met in convention at Charleston, a town on the east side of Connecticut River, to deliberate on the subject of forming a State of towns situated on both sides of Connecti- cut River, and a resolution was adopted by the convention favoring that object. Twelve dele- gates of the convention remonstrated against such action. The convention adjourned to meet at Cornish in February, three miles from Windsor, Vt., where the Vermont Assembly would then be in session. . On the 12th of Feb., 1781, the Gov-
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ernor, Council and House at Windsor took up the matter, and appointed a committee of seven, who reported back to the Vermont Assembly. The re- port, after giving a history of the attempts to unite the towns east of Connecticut River with Vermont, and the attempt of New York to extend jurisdiction over all of Vermont, recommended that the Legislature lay a jurisdictional claim to all lands east of Connecticut River to the Mason line, north of Massachusetts, and south of latitude 45°. and west to the center of the deepest channel of Hudson River, but not to exercise jurisdiction for the time being; which report was accepted. Articles were drawn up and approved, and on . April 6th, 1781, representatives from the towns east of the river took their seats in the Vermont Assembly.
Lieut. John Patterson and 37 other citizens of Camden, and John Austin and 79 others of Cam- bridge (towns within the jurisdiction of New York) petitioned to have Vermont extend their jurisdiction to the west so as to include their towns, and this was agreed to by the Vermont Assembly. On June 15th, 1781, the representa- tives of the western district, informed the House, then setting at Bennington, that they were ready to take their seats according to the Articles of Union, and the several representatives were duly received by the Assembly.
An act was passed by the Legislature directing that all the territory, as far west as the deepest channel of the waters of Hudson River, be divided into townships and annexed to Bennington and
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Rutland Counties. And Gov. Chittenden issued his proclamation, for all to take due notice of the laws and orders of the State.
The intercepted correspondence between the Vermont authorities and the British in Canada, carried on for some purpose, seemed to open the eyes of some in Congress and out, and brought some of them who had been lukewarm toward Vermont, or actually hostile to her, to look more favorable to her independence.
James Madison wrote to Edmund Pendleton, August 14, 1781, that "the controversy relating to the district called Vermont, the inhabitants of which have for several years claimed and exercised the jurisdiction of an independent State, is at length put into a train of speedy decision. Not- withstanding there is an objection to such an event, there is no question but they will soon be established into a separate and Federal State. A relinquishment made by Massachusetts of her claims; a despair of finally obtaining theirs on the part of New York and New Hampshire, the other claimants on whom these enterprising adventurers were making fresh encroachments; the latent support afforded them by the leading people of the New England States in general from which they emigrated; the just ground of apprehension that their rulers were engaging in clandestine ne- gotiations with the enemy; and lastly perhaps, the jealous policy of some of the little States, which hope that such a precedent may engender a division of some of the large ones, are the cir- cuinstances which will determine the concurrence of Congress in this affair."
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The information given by the intercepted cor- respondence with the enemy, Ira Allen said, had greater influence on the wisdom and virtue of Congress than all the exertions of Vermont in taking Ticonderoga, Crown Point, and the two divisions of General Burgoyne's army or their petition to be admitted as a State." Undoubtedly the fear that the New Yorkers had that the Grants might cast in their fortunes with the British and thereby leave their people exposed to fresh ravages from the enemy, and perhaps endanger the revolu- tionary cause, served to modify their attitude towards Vermont and make them less hostile to the independence of Vermont. It was the pur- pose of Vermont in the negotiations with Canada to secure Vermont from British invasion, but rather than submit to the jurisdiction of New York they would oppose such a union with force of arms, and would join the British in Canada.
On the 18th of. August, 1781, the committee of Congress and the agents for Vermont, had an interview. The committee from Vermont pro- posed that Vermont be recognized as an inde- pendent State, and to fix the western boundary. about where it was finally determined upon when the State was admitted; and that Vermont have the same right as any other State, and matters of dispute be settled by Congress on hearing.
Congress on August 20th, 1781 passed a reso- lution, "that it be an indispensable preliminary to the recognition of the independence of the people inhabiting the territory called Vermont, and their admission into the Federal union, that she explicit-
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ly relinquish all demands of lands or jurisdiction, on the east side of the west bank of Connecticut River." New Hampshire became friendly to the independence of Vermont on condition of the re- linquishment of the unions, but New York com- menced active measures against Vermont and committed some depredations on the people in the west union. The New York forces took some of the Vermont militia prisoners. Gov. Clinton claimed that the Vermont militia taken prisoners were for the service of the enemy, the British. In this Gov. Clinton was mistaken. Gov. Chittenden demanded the release of the prisoners and de- clared that unless they were given up Vermont would render no assistance to New York against the common enemy. Gen. Gausevoort said he was much opposed to civil war, but it was the duty of New York to protect those who owed and professed allegience to Vermont. Ira Allen re- plied that Vermont had an equal right to protect those who acknowledged her jurisdiction; but it was advisable to use lenient measures on both sides, till Congress should have settled the bound- ary between the States-thus preventing the horrors of civil war when the common cause re- quired all to be united against Great Britain. There was at this time considerable friction created, and sharp sparring between Col. John Abbott, Col. E. Walbridge and Gov. Chittenden on behalf of Vermont and Col. H. VanRensselar. Gen. Gausevoort and Gov. Clinton on behalf of New York growing out of the occupancy of the lands in the western union, but no actual clash of
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arms. took place. Gen. Gausevoort retired from the district and left the same in possession of the Vermonters and those claiming that a union had been effected between that district and Vermont. In the eastern union New Hampshire authorities were active in exercising their authority as a State over the country lying between the Mason line and Connecticut River after the union had taken place as stated in this chapter. And Vermont was equally determined to maintain their authority over the district, and the civil officers of each state were in conflict, and the contest hot, and civil war seemed inevitable for a time. The New Hamp- shire House on January 8th, 1782, resolved to raise one thousand men to enable the civil officers to exercise their authority in that quarter. Col. Hale gave Gov. Weare a humurous account of his own arrest, which I insert here as he expressed it in writing, including spelling and grammar. He said, "the Vermont party had a force of forty men, and for a frunt gard they Raised some of their most ablest women and sent forward with some men dressed in Women's apparil which had the good luck to Take me Prisoner Put me aboard one of their slays and filled the same with some of the Principal women and drove off. Nine miles to Wellan Tarvern in Warpole. the main body fol- lowing after with aclimation of Joy, where they Regailed themselves and then set me at liberty, Nothing Doubting but they had entirely subdued New Hampshire."
President Weare issued a proclamation giving Vermonters forty days to leave the last union, or
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subscribe an oath acknowledging that New Hampshire had jurisdiction to Connecticut River. On February 22nd, 1782, forty days from the date of the proclamation, the General Assembly of Vermont resolved to dissolve both the Eastern and Western Unions; this action was largely due to the intervention of Gen. Washington, whose letter, and the resolutions of Congress of August, 1781, were accepted as pledges that on the withdrawal of Vermont to its former boundaries, the State would be admitted into the Union. This assur- ance was not fully made good, for when the ques- tion of the admission of Vermont into the Union next came up in Congress a majority decided against it. The first union of towns in New Hampshire with Vermont was dissolved at the request of New Hampshire on the 12th day of February, 1779, by the Legislature of Vermont, and she relinquished all her claims to the New Hampshire Grants to the eastward of Connecticut River. In March, 1779, the Legislature of New Hampshire proposed the laying of their jurisdic- tional union to the whole of New Hampshire Grants, which included the State of Vermont, against which Vermont strenuously remonstrated at the General Court of New Hampshire, but to no purpose. New Hampshire thereby violated their settlement of the boundary line; consequent- ly on the 4th day of February 1781, the Legisla- ture of Vermont laid a jurisdictional claim to both the New Hampshire Grants east of Connecti- cut River and the New York territory, believing and claiming that the inhabitants of both of those
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districts were, by natural situation to the waters of the Northern lakes and exposure of the inhabi- tants of the old territory of Vermont to the incur- sions of the enemy from Canada in times of war, would render it expedient that they should belong to this State, and that self-preservation and mutual defence rendered it indispensably neces- sary that the inhabitants of those districts, with those of the old territory, should unite in one en- tire State. The purpose of Vermont, the second time, to extend their claim of jurisdiction to the Mason line on the cast, and to the Hudson River on the west, was to counteract theefforts of those two adjoining States in assuming jurisdiction over the old territory of Vermont, and to quiet some of her own internal dissensions occasioned by those two governments, and to make them experience the evils of intestine broils, and strengthen Ver- mont against insult. The condition upon which Vermont admitted the East and West Unions was, that in case Vermont should be admitted into the Federal Union with the United States, Congress should determine boundaries.
Queries may arise as to whether it was good policy, or honest, for Vermont to extend her juris- diction into the States of New Hampshire and New York. It will be borne in mind that Vermont had urged Congress to admit her as a State and was willing to let Congress determine her boundaries, but this action was strenuously opposed by both New Hampshire and New York, as well as the offer to those States to refer the disputes respect- ing boundary lines to the final arbitrament and de-
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cision of indifferent men. Both States laid their respective claims to Vermont; and both refused to make an alliance with Vermont against the com- mon enemy, and would not confer on the subject. This silence on that matter, and their entire con- duct indicated that they intended to let Vermont struggle, as they thought, in their impracticable notions of independence-they said, "it was a for- lorn hope;" they said, "the Vermonters are nicely situated to Canada, and when the war is termi- nated, if any of them remain alive, we, old Confed- erate States, can easily subject them; we have a right to call upon the whole Confederacy to crush them; they will go through the hazards and fa- tigues of that exposed part of our frontiers better than as though they had, sometime past, been sub- jugated; we know the length of their tether, and can shorten it when we please, and have some- time since divided their territory between us; we have them snug enough, and scorn to answer any of their proposals." The Vermonters claimed it was as honest in them tolay jurisdictional claim to the Grants east of Connecticut River, as it was for New Hampshire, previously to break over the mutual settlement of their boundary line with Vermont on Connecticut River and lay claim to the whole territory of Vermont. It was rumored that the whole Confederacy of the United States would join to extirpate Vermont. But the Ver- monters had too much confidence in the repre- sentatives of the people of the United States to be- lieve they would be engaged in such a work of des- truction. They said it was not supposable that
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the eleven States will be duped to espouse the cause of the two claiming States, the reward of which would be nothing but infamy and disgrace.
They said, "How inglorious would be the vic- torious Continental troops, just returned from the capture of a proud and haughty army, with a Cornwallis, the pride of England, at their head, appear in arms puissantly tramping on the rights of a brave and meritorious people, and sacrificing their liberties which they have been valiantly sup- porting. Did not Vermont strike a respectable part of the martial blow towards capturing Gen- eral Burgoyne, which brought the alliance with France, and, in the chain of causes, brought the French fleet to Chesapeake, and brought about a second memorable era in America?" Continuous efforts were put forth, by New York and New Hampshire, to prevent Vermont's admission into the American Union, while on the other hand Ver- mont was pressing her claims for admission, but Congress took no decisive steps on the subject. A committee of the Vermont Assembly regarded the resolution of Congress of the 7th and 21st of August, 1781, guaranteeing to the respective States of New York and New Hampshire, all the territory without certain limits, therein expressed, as having determined the boundaries of Vermont, and the Assembly resolved, accordingly, on Feb. 20,1782.
And on Feb. 26th, 1782, the House chose three persons to represent the State in Congress, and commissioned and gave private instructions to two of them, Moses Robinson and Paul Spooner.
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Esquire., to repair to Philadelphia and consider themselves invested with full power to agree on terms upon which the State should come into an union with the United States, and to sign and rat- ifv articles of Federal union with the Confederated States of America, and take seats in Congress if the union was effected.
On March 16, 1782, Gov. Chittenden addressed a letter to General Washington, in which he said, "as the dispute of boundary is the only one that hath prevented our union with the Confederacy, I am very happy in being able to acquaint your Excellency, that that is now removed on our part, by our withdrawing our claims upon New Hamp- shire and New York. Since, therefore, we have withdrawn our jurisdiction to the confines of our old limits, we entertain the highest expecta- tions that we shall soon obtain what we have so long been seeking after, an acknowledgement of independence and sovereignty. For this we have appointed commissioners, with plenary powers, to negotiate an alliance with the Confederated States, and, if they succeed, to take seats in Con- gress, and should Heaven prosper the designs of their negotiations, we please ourselves much, that we who are of one sentiment in the common cause, and who have but one common interest, shall vet become one nation, and yet, be great and happy. The glory of America is our glory and with our country we mean to live or die as her fate shall be."
At this juncture of affairs, the independence of Vermont, and its admission into the Confederacy,
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was favored by the Eastern States, except New Hampshire and New York; the cause and interest of these two States to oppose Vermont was ob- vious from what has been said as to their position and action, but when New Hampshire gained her object and Vermont limited her claim to the west bank of Connecticut River, she became indifferent to Vermont's independence, though it became probable that her action, in the near future, would harmonize with the other Eastern States in favor of Vermont.
The Middle States, save New York, were in- clined to favor Vermont's claims for admission, as Vermont would act with them in opposing the claim of Virginia and other large States to Western territory; and the smaller States would favor Vermont, as it would strengthen the interest and influence of thelittle States. Virginia, North Caro- lina, South Carolina and Georgia opposed her in- dependence and admission as a separate State out of jealousy of a predominance of Eastern influence, and because it would give another small State an equal vote in the Senate, in deciding on all of the grand interests of the Union, and be an example for the dismemberment of the other States. These conflicting interests engendered and kept up the controversy and served to delay Vermont's ad- mission.
At this point we will suspend the consideration, for the present of the controversy both in and out of Congress, respecting the admission of Vermont as an independent State of the Union, and take the reader to the consideration of the internal affairs
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of the State, and to the nature and extent of the doings and legislation of the Vermont Assembly, and the Governor and Council.
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CHAPTER VI.
LEGISLATION AND INTERNAL AFFAIRS OF EARLY VERMONT.
In 1782, a second and successful attempt was made to establish a printing press in Vermont, at which the State printing might be done. A com- mittee of three was chosen by the House, to agree with persons to set up and continue the printing business in some convenient place in the State for the term of five years, and that a public news- paper be printed and published weekly at said printing office, and in consideration thereof such persons should receive the sum of three hundred pounds lawful money out of the public treasury of the State, and have the privilege of doing all of the State printing at a reasonable price.
Hough and Spooner of the Journal at Windsor, and Haswell and Russell publishers of the Ver- mont Gazette at Bennington, were the only print- ers in the State until Matthew Lyon started the Farmer's Library at Fair Haven in 1793.
On Oct. 21, 1782, a permit was granted by the Governor and Council to Lieutenant William Blanchard and John Blanchard to pass the pres- ent lines to the Northern part of the State, for the purpose of hunting. On Feb. 14, 1783, a petition was presented to the Council, requesting that Ebenezer Willoughby, late of Shaftsbury, who had
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