USA > Vermont > Early history of Vermont, Vol. I > Part 13
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There had been no general systematic survey- ing, and the State had no map or plan of the sur- veys, and no public records within it of a large proportion of the grants; nor records of the deeds for many years. What actual surveys that had been made were the work of different persons. The proprietors of the territory covered by con- flicting grants made sales as fast as purchasers
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could be found, and many of the latter occupied and improved their land, so purchased, relying upon the validity of their titles. This confused condition of things was a fruitful source of litiga- tion in after years. The common law was adopted and courts were established in Vermont in 1778, by which titles could be' ascertained, so far as practicable.
It was obvious that the results of common law trials would have been distressing to many per- sons who had in good faith purchased, occupied and improved their lands to which they had a faulty title. Mcasures of relief were resorted to. In the act of Feb. 1779, establishing the Superior Court, it was provided that that Court, "shall have no power to try any action or title of land, for the year ensuing," which left the disputes re- specting lands to the Assembly and the Council. This act was continued in force till October, 17S1, when a Betterment Act was enacted.
In June 1779, Ira Allen was appointed Surveyor General, for the purpose of procuring copies of all charters that ever were made of lands lying in the State, in order to make out one general plan, so as to know where the vacant lands were. In October of the same year a Board of Commissioners was constituted, for the better regulating the title of lands, whose duty it was to call for charters, patents, decds and other papers respecting lands ; and also having power given them to put claim- ants of lands upon their oath, and make reports of their doings and deposit them in the clerk's office of the town where the land was situated.
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And the Board was, also, to report to the General Assembly at the opening of each session, and the reports when approved by that body were to be recorded in the town clerk's office.
The Betterment Acts were enacted to enable persons who had entered and made improvement on lands, under claim and color of title, who should be driven out of possession by a legal trial at law, to recover the value of the betterments or improvements that such persons had made, from the rightful owner of the land. And the Act pro- vided that when any person or persons in actual possession of lands of which they had purchased a title, supposing such title to be good in tee, and should be prosecuted by action of ejectment, or writ of right, and final judgement should be ren- dered against them, such person should have a right of action to recover of him who had the legal title, so much money as should be adjudged equit- able for the improvements; and the mode of pro- ceeding was pointed out in the Act.
A new Betterment Act was passed in 1784, and another in 1785, which superceded the first act and a change was made as to the amount of the recovery and the mode of ascertaining the value of the betterments or improvements ; but the main feature and purpose of the first act was retained. In the bill of 1784, the rule of recovery was, so much money as the true value of the estate exceed- ed itsreal value (after deducting the interest of such real value at six per cent per annum) at the time the settlement of the land began. By the act of June. 1785, the jury were to assess the value
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of the land as at the time of settlement by the possessor, and assess the value at the time of trial or assessment, as if the same was uncultivated, and allow the possessor one half of what the land had risen in value, and add thereto the value of the improvements ; these two items was to be the amount of the recovery of the person who had been dispossessed of the land he had supposed he had purchased with a good title.
The Betterment Act met with considerable oppo- sition. The opposers said, "the law makes every man a trespasser who enters upon the land of an- other without license and subjeets him to dam- ages ; but by this Act you would compel the legal owner to pay him a bounty for his trespass." This law was clearly founded on the principles of natural justice and was in great favor with the people of Vermont. Daniel Chipman, commenting on the Act and on the uncertainty of the titles to land in New England, said, purchasers were not accustomed to receive the title deeds so as to have in their hands evidence of the title. Consequently a man so disposed could impose on one and sell him lands as well without the expense of a pur- chase as with. And swindlers took advantage of this state of things and made a business of selling lands without making a purchase.
Simeon Sears was one of these primitive swind- lers, who had become notorious in that line of business, and the following anecdote was told. Some of the people of Bennington had been con- fined in the City Hall at Albany by the authorities of New York. The City Hall, of course, became a
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hated place, and an object of dread to the Green Mountain Boys and became a subject of conversa- tion at all their meetings, and they began to con- sider ways and means to destroy it. And at one of the meetings a number of modes of effecting this were proposed, and among the rest, several modes of blowing it up. But Ethan Allen said, "No, the better way will be to employ Sim Sears to sell the d-d thing."
From 1784, to 1787, the times were hard and the people were becoming uneasy and discontent- ed. They were burdened in their poverty-stricken condition at the close of the Revolutionary War, with the surveying and alloting the lands, the cutting of roads, subduing the wilderness, and erecting places of abode. Most of the people in all the new towns were burdened with debt, and de- pendent upon the productions, of the soil to pay them ; markets were distant, and the cost of trans- portation great. The capital of the richest men was mainly in land, and therefore but very few were able to loan money at any rate of interest, or on any security, however good; specie was rarely seen, and the paper currency was for the most part of little value. Many complained, but hardly knew where to fix the blame for the dis- tress that was abroad. Some contemplated the same violent remedy that was attempted in other States, and that culminated in a neighboring State in Shay's Rebellion.
A disturbance of the proceedings of the courts in Rutland County in Nov. 1786, was threatened, and a mob that had gathered for the purpose of
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interfering with the business of the court and to prevent the session from being held, had to be dis- persed by the militia. The leading rioters were arrested, tried, convicted and fined, and the rebel- lion quelled. A similar attempt had been made to interfere with the court and its proceedings at Windsor a few days before, with like result as in the Rutland County affair.
The General Assembly in session at Rutland in Oct. 1786, was active in passing laws for the re- lief and quieting the people. Jonathan Fassett, a leader in the Rebellion and a member of the Assembly, was impeached, and found guilty of riotous conduct. An Act for the prevention and punishment of riots, disorders and contempt of authorities, was passed by the Assembly, March S, 1787. The leaders of the discontented aimed their shafts particularly at Gov. Chittenden and Ira Allen ; the latter made an elaborate defence of himself, and Governor Chittenden appealed to the public in an address, in which he stated that the people of Vermont were in a much better condi- tion than the people of the other States; that while the Revolution had left on the United States a debt of $12,000,375, exclusive of their own re- spective State debts, Vermont had but a trifle to pay. He said that, "In the time of the war we were obliged to follow the example of Joshua of old, who commanded the sun to stand still while he fought his battle; we commanded our creditors to stand still while we fought our enemies." And consequently, he said, the people were left in debt and behind hand, harrassed and destitute of pro-
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visions at theclose of the war. He said one rea- son for their present distress was, that since the close of the war, "in lieu of exerting ourselves to the uttermost, to raise flax and wool and clothe ourselves, we have purchased on credit too many articles of the growth and manufactures of for- eign countries, by which means we have drained the State of nearly all the cash we had, and a great part of our cattle. * * * and I know of no certain effectual method that can be taken to afford substantial relief, but by prudence. industry and economy, and these must be encouraged by government."
Shay's Rebellion broke out in the Common- wealth of Massachusetts in 1787, and the Gov- ernor of that State requested the assistance of Vermont in apprehending and returning certain of the rebels that had taken shelter in Vermont, to Massachusetts authorities. Governor Chittenden issued his proclamation enjoining upon all the cit- izens of the State not to harbor, entertain or con- ceal Daniel Shay, Luke Day, Adam Wheeler and Eli Parsons, leading rebels, and requiring all jus- tices of the peace to issue their warrants when re- quired, to apprehend them that they might be re- turned to the authorities of Massachusetts or de- livered to some civil or military officer. And the citizens of this State were forbidden to take arms in support of the rebellion or contribute relief to its abettors and promoters.
On April 30, 1787, about one hundred of the rebels who had been driven from Massachusetts. met at Captain Galusha's in Shaftsbury to agree
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on measures to continue their opposition to their government, but the sheriff of the County, Jonas Galusha, commanded them to disperse, and they immediately left the State and met at White Creek in the State of New York. Several of the rebels were arrested in Vermont and returned to Massa- chusetts' authorities. Ethan Allen had been wrongfully accused with sympathizing with the rebellion, but he declared, "he had never had any communication with Shay or any of his adher- ents, directly or indirectly, but that he had heart- ily despised both of them and their cause."
CHAPTER XI.
VERMONT'S ACTS OF SOVEREIGNTY.
All the acts of Vermont, especially from 1778, to 1791, were really the acts of a sovereign State, and peculiarly so, as the internal police regulations were enforced against New York and the adher- ents of that State in Vermont, as well as against Congress. The act of issuing bills of credit and making them a legal tender for debts, coining money, regulating weights and measures, estab- lishing post offices, naturalizing natives of other States and countries, corresponding with foreign governments in respect to commerce, which she exercised, were all acts of an independent and sov- ereign State.
It was enacted in 1781, that there be printed bills to the amount of twenty-five thousand one hundred and fifty-five pounds of lawful money for the payment of the debts of the State and other public purposes, and a committee were empow- ered to make a device and form for the bills. The bills were to be a lawful tender for payment on all contracts and executions, and should be redeemed by the treasurer of the State, by the time fixed in the act, in silver, at the rate of six shillings for one Spanish milled dollar, or gold equivalent. The penalty that a person was subject to, if found
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guilty of altering or counterfeiting the bills, or making instruments for that purpose, was death. The amount issued under this act was 24,750 pounds. By an act passed in Feb. 1782, the bills of credit were not to be legal tender after June 1, 1782, except in the treasury of the State.
On June 15, 1785, an act was passed granting Reuben Harmon, Jr., Esq., the right of coining cop- per, and by an act of Oct. 24, 1786, that right was extended for the term of eight years from July 1, 1786; the coins issued in 1785, and before Oct. 1786, had on the face of the coin the legend, "Vermontensium. Res Publica."-meaning, The Republic of the Green Mountains, or Vermont ; and the device was a rising sun, with mountains and trees in the foreground, and a plough in the field beneath-significant of a new and rising agri- cultural State. On the reverse, the device was an eye, radiating to thirteen stars, with "Quarta. Demcima. Stella." for the legend-signifying that Vermont, as the fourteenth State, was looking for admission to the Union with the thirteen States.
By an act passed Oct. 24, 1786, both the legends and devices were changed -- the device to a bust in a coat of mail, and the legend to Vermon Auctori-meaning by the authority of Vermont. On the reverse, was a female figure, seated with a shield at her side, and holding in her right hand an olive branch, in her left a rod. The legend was Inde: et Lib :- meaning independence and liberty. There were other devices and mottoes.
On Oct. 26, 1787, an act was passed, naturaliz- ing Solomon Willard of New Hampshire, declaring
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him "to be entitled to all the privileges, benefits and immunities of a natural born subject and member of this Commonwealth, and shall forever hereafter have and enjoy the freedom of Vermont."
On March 10, 1787, an act was passed naturai- izing Hon. St. John de Crevecoeur and his two children. The father was a citizen of France-was born in Normandy in 1731, educated in England and came to America in 1754, and settled on a farm near New York City, from which he was driven by the British during the Revolutionary war, and returned to England. Afterwards he became the author of several literary works.
An act establishing post offices in the State passed the General Assembly March 5, 1784, and Mr. Anthony Haswell of Bennington was appoint- ed Post Master General within and for the State of Vermont. Five post offices were established within the State: viz., in Bennington, Rutland. Brattleboro, Windsor and Newbury, and the post riders from Bennington to Brattleboro were to be allowed three pence per mile for travel, and those on the other routes two pence per mile, and were to have the exclusive right of carriage, and enjoy the advantage of the fees arising from the carriage of letters and packets of every kind ; and the rate of postage was to be the same as in the United States. The Governor had the right by the act to frank his letters or packets.
In these days of railroads run by steam or elec- tricity, telegraphs, and telephones, we can hardly realize the meager facilities forcommunication and transportation during the early history of Ver.
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mont. It was a great event when in Nov. 1787, a stage wagon for the first time was erected to run, with four horses, between the city of New York and Stratford Ferry in Connecticut; which completed the stages from 'Portsmouth in the State of New Hampshire to Richmond in the State of Virginia, a distance of over 700 miles. January 21. 1788, Daniel Marsh advertised himself as post- rider from Clarendon to Onion River, Jericho being the end of his route; but there was no authority for establishing an office in Chittenden County, which then extended to Canada line, until June 1, 1792. At that time additional offices were opened in Manchester, Vergennes and Burlington, under authority of Congress.
On March 9, 1784, the Council resolved that the Governor be requested to take such measures as he should judge best for opening trade with the Province of Quebec, but the Assembly did not pass the act, and nothing definite was done on the sub- ject till Oct. 29, 1784, when it was enacted that the Governor and Council be authorized and em- powered to appoint not exceeding three persons as commissioners to confer and agree, with per- son or persons in Canada, having power to agree concerning trade and commerce, pertaining to "the opening a free trade into and through said Province of Quebec." Ira Allen, who was one of the commissioners, instituted negotiations with Great Britain through Lieutenant-Governor Ham- ilton in the city of Quebec.
By proclamation Lord Dorchester, Governor- in-Chief of the Province of Quebec, permitted the
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free importation and exportation of lumber, grains, produce, live stock and other things. It was supposed the intention was to make the priv- ilege reciprocal, but neither the proclamation nor the ordinance limited'the privileges to or with the State of Vermont, nor did it declare that they were granted in response to any application of Vermont; they applied to the United States as well as Vermont, but the advantages were enjoyed by the people of Vermont almost exclusively, on account of the proximity of the State to the Prov- ince. Lord Dorchester could not tolerate any separate intercourse with the people of Vermont without infringing upon the treaty of peace of 1783, with the United States-that treaty includ- ed Vermont within the boundaries of the United States. Pine timber and ashes constituted by far the largest part of the exports from Vermont for many years. Certain articles were prohibited from being exported or imported.
CHAPTER XII.
SETTLEMENT OF THE CONTROVERSY WITH NEW YORK AND ADMISSION OF VERMONT.
Certain gentlemen in New York, during the winter of 1784, presented a petition to the Assem- bly of that State, praying that they would pass a law to enable their delegates in Congress to apply for and consent to the sovereignity and independ- ence of Vermont, and a bill was brought into the House to that effect ; many were desirous to reach some kind of a compromise with the Vermont set- tlers in respect to the title of their lands that was in dispute. William Samuel Johnson, a delegate in Congress from New York, and who seemed in- clined to favor an equitable settlement of the long-drawn-out controversy, thought it a favor- able opportunity for the Vermonters, who had taken title to their lands under the New Hamp- shire grants and from the State of Vermont, to se- cure an indisputable title to their farms.
In the spring of 1787, Alexander Hamilton, a member for the City of New York introduced into ยท the New York Assembly a bill 'entitled "An act to empower and direct the delegates, to acceed to. ratify and confirm the sovereignty and independ- ence of Vermont, on conditions that Vermont should confine the limits of her" territory between
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Connecticut River and the line twenty miles east of Hudson River, and requiring Vermont to accede to the Union and preserving New York titles to land in Vermont.
Hamilton, in presenting the bill, said in part, "I believe there is not a member of this House but considers the independence of the district of terri- tory in question, is a matter fixed and inevitable. All our efforts to a different point have hitherto proved fruitless, and long since we seem to have entirely given up the controversy. Vermont is, in fact, independent, but she is not confederated. And I am constrained to add that the means which they employ to secure that indpendence, are objects of the utmost alarm to the safety of this State, and to the confederation at large. It is not natural to suppose, that a pow- erful people both by number and situation, uncon- nected as they now stand, and without any rela- tive importance in the Union, irritated by neglect, or stimulated by revenge-I say, isit not probable, under such circumstances, they will provide for their own safety, by seeking connection elsewhere? And can he who hears me doubt but that connec- tions have already been formed with the British in Canada? * * Confederated with a foreign nation, we can be at noloss to anticipate the con- sequences of such a connection, nor the danger of having so powerful a body of people, increasing rapidly in numbers and strength, associated with a foreign power, and ready upon any rupture to throw their weight into an opposite scale. In their present situation, they bear no part of our
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public burdens ; if they were a part of the Confed- eracy, they must of course participate in them; they are useless to us now, and if they continue as they are, they will be formidable to us hereafter."
The bill was taken up in the Assembly on March 28, 1787. Richard Harrison made a strong argument against the independence of Ver- mont, and said, among other things, in substance, that the adherents of New York, her citizens and those who had purchased lands in that territory by grants from New York, had the right to be pro- tected in person and property ; that the bill was unconstitutional, impolitic and destructive to the property and the rights of their citizens; that the constitution has declared the Counties of Cumber- land, Gloucester and Charlotte shall be repre- sented in the Senate and Assembly of New York. He treated the alleged connection between Ver- mont and the British Government a phantom, but if such a connection existed Vermont must be re- duced to a sense of duty.
To this argument Hamilton made a candid and masterly reply, but it is too long to insert here the full text, and I shall be content to give only a few extracts. He asserted that the chief object of gov- ernment to protect the rights of individuals by the united strength of the community, must be taken with this limitation :- The united strength of the community ought to be exerted for the protection of individuals so far as there is a rational prospect of success, and so far as is consistent with the safety and well being of the whole. But is not bound to enter into and prosecute enter-
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prises of manifest rashness and folly; or in the event of success, would be productive of more mis- chief than good. * * Are we now in a situa- tion to undertake the reduction of Vermont, or are we likely to be in such a situation? Where are our resources ? Where our public credit to en- able us to carry on an offensive war? We ought to recollect that in war, to defend or attack, are two different things; to the first, the mountains, the wilderness, the militia, sometimes even the poverty of a country will suffice. The latter re- quires an army and a treasury. The population of Vermont will not be rated too high if stated at nearly one-half that of New York. * * Can it * be imagined that it would be able, finally to re- duce such a people to its obedience? The supposi- tion would be chimerical, and the attempt mad- ness. Can we hope for a more favorable posture of affairs hereafter ? Will not the population and strength of Vermont increase in ratio to our own? * The scheme of coercion would ill suit even the disposition of our own citizens. The habit of thinking to which the revolution has given birth, is not adapted to the idea of a contest for do- minion over a people disinclined to live under our government. And, in reality, it is not the interest of the State ever to regain dominion over them by force."
On April 11, 1787, the bill passed the Assembly with a vote of 27 to 19, but the bill failed in the Senate. The vote in the Assembly and the dis- cussion showed that New York was fast losing her grasp on Vermont. It would seem by a letter
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written by James Madison to George Washington March 18, 1787, that if Vermont now consented to become a State of the Union, it must be on two conditions : First, that neither the boundaries nor the rights of her citizens shall be impeached under the 9th article of Confederation; second, that no share of the public debt already contracted shall be allotted to her.
In 17SS, no attempt was made to secure the assent of New York to the independence of Ver- mont, but during that year New Hampshire, Vir- ginia and New York ratified the Constitution of the United States, and Kentucky, with the consent of Virginia made application for admission into the Union which the Southern States would favor, while the Northern States would favor the admis- sion of Vermont as a counterpoise. Thus early a sectional feeling manifested itself. The most em- barrassing question now was, how should the conflicting land titles be settled. Vermont was desirous to avoid having the titles to the lands left to the decision of the Supreme Court for fear that they would hold that the New York title would be held the better title. On July 15, 1788, Na- thaniel Chipman wrote Hamilton, and asked him if it was not probable that the Federal Legisla- ture, when formed, might on the concession to the Union, be induced on some terms, to make a com- pensation to the New York grantees out of their western lands, and said that if those difficulties could be removed, opposition of Vermont to be- coming a member of the Union would be reconciled.
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