USA > Vermont > Early history of Vermont, Vol. I > Part 5
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Gen. Washington, in his. reply by letter dated Jan. 1, 1782, said, "Your late extension of claim has rather diminished than increased the number of your friends, and that if the extension should be
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persisted in, it will be made a common cause." and it must involve the ruin of that (Vermont) State against which the resentment of the others is pointed." And said, "I will only add a few words upon the subject of the negotiations which have been carried on between you and the enemy in Canada and in New York. It has this certain bad tendency; it has served to give some ground to the delusive opinion of the enemy, upon which they in a great measure found their hopes of success;" and gives Gov. Chittenden a hint that if Vermont re- leases her claim to any part of New Hampshire and New York, Congress would be more likely to admit her as a State into the Federal Union.
New York sought the aid of Federal troops to enforce their demand against Vermont. But as Congress was prevented from using United States troops against Vermont, by the intervention of Geo. Washington in February, 1783, New York had no means to a resort to force, except by her own troops. To this the sixth article of confeder- ation interposed an obstacle which could not be re- moved without the consent of Congress. ' New York repeatedly and persistently urged Congress to give their consent till May, 1784, but did not succeed in getting consent of Congress.
One of the British agents, speaking of Ira Allen's letters in the carrying on of the negotia- tions referred to, said, "the apparent studied style of Allen's letters does not appear to us like the un- disguised sentiments of an honest heart." And in speaking of Mr. Fay, a Vermont agent, he said, "we have spared pains, the short time Mr. Fay
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has been with us, to endeavor him out. He pro- fesses so much honesty, accompanied with so many gestures of sincerity, that he seems to over act his part. He is perfectly honest, or a perfect Jesuit. We have too much reason to fear and be- lieve the latter; however, it appears plain that he wishes to continue the negotiations till next No- vember, for what reason it is uncertain. He de- clares solemnly that they will be then able to join us. Allen declared the same would happen in July; -to us it appears they wish to have two strings to their bow, that they may choose the strongest, which they cannot determine till Mr. Washing- ton's success shall be known. We do not believe that Vermont expects by procrastinating to strengthen herself as a State, but we believe sin- cerely they design to secure themselves in this cam- paign from invasion of King or Congress by spin- ning out the summer and autumn in truces, cartles and negotiations, by the expiration of which they expect to hear the result of the negotiation at Vienna, and other matters, by which they may be enabled to judge of the strongest side, the only motive (we believe) by which they are influenced.".
There were eight persons on the part of Ver- mont that were engaged in carrying on these ne- gotiations. Samuel Williams, one of Vermont's early authors, put the matter in its true light. He said, "But whatever may be thought respecting the propriety of such policy (as was pursued by Vermont) the event showed that the gentlemen of Vermont had formed a sound judgement with re- gard to the effect. The British, flattered with the
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prospect that they should draw off a considerable part of the continent to their government, there. fore carefully avoided hostilities against Vermont, restored her persons, forbade her troops to enter or attack her territory, and considered her people rather in the light of friends than enemies. Thus, while the British generals were freely imagining that they were deceiving, corrupting and seducing the people of Vermont, by their superior arts, ad- dresses and intrigues, the wise policy of eight honest farmers, in the most uncultivated part of America, disarmed their northern troops, and kept them quiet and inoffensive through their cam- paigns, assisted in subduing Cornwallis, and fi- nally saved . the State.
While these negotiations were going on Ver -. mont made application to be admitted as a State, and let Congress settle the boundaries between New Hampshire and New York, as to whether the East and West Unions should constitute a part of Vermont, but no decisive action was taken by Congress. Vermont also proposed to New York and New Hampshire to adopt some measures to settle the boundary between Vermont and their respective States, but not much was accomplished in that line. New Hampshire would not agree to surrender any claim east of the Connecticut River. and New York would not surrender anything, and would take measures that indicated that they should exercise their jurisdiction by force over the. towns that had formerly united with Vermont. The warlike spirit ran high both in New Hamp- shire and in New York, and that aroused the peo-
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ple of Vermont. The following verse was com- posed at that time, showing the spirit of the Ver- monters, namely :-
"Come York, or come Hampshire-come Traitors and Knaves,
If you rule over our lands, ye shall rule over our graves ;
Our vow is recorded-our banner unfurled.
In the name of Vermont we defy all the world."
Actual conflict for a time was imminent between the forces of Vermont and New York on the one side, and the forces of Vermont and New Hamp- shire on the other side, but it was avoided by ne- gotiation. But the right of existence of Vermont, and if an existence, whether she had a separate jurisdiction, and the extent of that jurisdiction, continued to be a matter of controversy between the respective claiming States and before Con- gress. On the 20th February, 1782, the Legisla- - ture of Vermont passed a resolution to the effect that the west bank of the Connecticut should be the east line; and a line running from the north corner of Massachusetts northward, twenty miles east of Hudson River, the west line of Vermont, and relinquished all claim over any district of ter- ritory outside of those lines; and this was done with the expectation, that if they did so, Vermont would have a speedy admission into the Federal Union as a State. And they appointed Jonas Fay, Moses Robinson, Paul Spooner and Isaac Tichenor agents to negotiate her admission into the Union. The friends of Vermont were again disappointed, but through all the disappointments, and the in- difference manifested by Congress, the hostility of
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Vermont to New York never abated. They never for one moment contemplated submitting to New York, but were determined either to be an in- dependent State or a member of the Federal Union.
On the 7th of October, 1790, commissioners from New York and Vermont settled the contro- versy between the two States. The line between them was to be "the west line of the most western towns which had been granted by New Hamp- shire, and the middle channel of Lake Champlain, and Vermont wasto pay New York $80,000." This agreement was ratified by both States, and thus terminated a controversy which had been carried on with great animosity for twenty-six years. Vermont approved and ratified the constitution of the United States, and by act of Congress passed the 18th of February, 1791, Vermont, on the 4th of March, 1791, was received and admitted into the Union' "as a new and entire member of the United States of America."
Vermont may be small in a geographical sense; it may be rough and rugged in physical contour, and may not possess the wealth, or resources from which to obtain it. which some States and Territories have; yet it is rich in heroic history, in grand and sublime scenery, a favorite climate, and the full freedom of hand and thought, which makes noble men and women. This is her glory and her pride, and she can never be robbed of these.
CHAPTER II.
THE STRUGGLE OF THE NEW HAMPSHIRE GRANTS .TO ESTAB- LISH A SEPARATE JURISDICTION BY THE NAME OF VERMONT, AND HER EARLY HISTORY.
The former chapter was an address prepared by the writer of this volume, a few years ago, and is inserted without adding to it so as to make it a complete history of the times it purports to cover. It will be my endeavor in the present and follow- ing chapters to supply much that was omitted in the first chapter, so as to give the reader a more complete idea of early Vermont and the sturdy character of her people. And in doing so it has become necessary to state more in detail, what has been said in a general way in the former chap- ter. And this is my apology for any repetition that may, in some instances, occur.
It is stated in the 26th Vol. of New Hampshire State Papers, by A. S. Batcheldor, the editor, that an acquaintance with the contentions between the provincial or colonial governments of New York, Massachusetts and New Hampshire is necessary to a fair conception of the legal and political status of the grants made by those States in the first period of their history. At an early period
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Massachusetts claimed, from the language of its charter, that the north line of that State was three miles north of the outlet of Lake Winnipise- ogee. But the King in Council in 1739, deter- mined the line to be governed by the river Mono- mack, alias Merrimack, so far as that followed a westerly course, but when it turned to the north, the line should continue "thence due west across said river till it meets with His Majesty's other governments." This determination was favora- ble to New Hampshire. A joint commission of the two States fixed the boundary line. In running this line westerly Fort Dummer fell within the lim- its of the province of New Hampshire and within the limits of the present town of Brattleboro, Vt .. The western terminus of this line and the western boundary of New Hampshire would depend upon where the eastern boundaries of the other gov- ernments should be determined to be. The gen- eral understanding was, at that day, that the easterly boundary of New York was not on Con- necticut River. The question had been previ- ously raised. The Hartford treaty of 1656, be- tween the United Colonies of New England on the one part, and the Dutch Colonies of New Nether- lands on the other, fixed a line of division, between New Netherlands and New England, to begin at the west side of Greenwich Bay, and to run a northerly course up into the country, and after, as it should be agreed by the two governments of the Dutch and of New Haven, provided the line should not come within ten miles of Hudson River. From this time till 1664, the Dutch did not claim
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as belonging to them, any territory or lands, ex- cept in Hartford, east of Connecticut River; and it was believed that the Dutch possessions would not extend easterly of the extension, northerly of the twenty mile line, providing it did not come within ten miles of the Hudson River. In 1664, a charter was granted to the Duke of York, by King Charles, to confirm his purchase of Long Island and other territory from the Earl of Stirling, to whom they had been conveyed by the Council of Plymouth on the surrender of their charter to the Crown in 1635. In the charter to the Plymouth Colony, to which the Duke of York succeeded, the language used in describing the castern boundary of the territory was as follows, "and all the lands, from the west side of Connecticut River to the east side of Delaware Bay."
Contention arose, between the Duke of York as one party, and Connecticut and Massachusetts successively as the other party, the foundation of which was the construction of said charter. The controversy resulted in fixing the boundary line between the last two named Provinces and that of New York at twenty miles east of and parallel with Hudson River. It was understood after this period to 1740, that the western boundary of Massachusetts, against New York, extended northerly to the line of Canada. The region now called Vermont was then, for the most part, a wil- derness, and the relations existing between the English and the French and their Indian allies, rendered the settlement of that part of New En- gland extremely hazardous, and the persons who
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undertook its settlement were subjected to many hardships. The claims of New York to territorial jurisdiction to the Connecticut River, if not practi- cally abandoned, were for a long time held in abey- ance.
Under these circumstances Governor Went- worth might well apply the practical test of ac- tual land grants on the west side of Connecticut River as far west as the west line of Massachu- setts, with a reasonable expectation of being sus- tained in the movement.
The early town organizations of the New Hampshire Grants within the present limits of Vermont, that were granted by the Governor of New Hampshire, had the right of self-government in March meeting in the election of all town of- ficers and in the management of town affairs. As early as the year of 1770, the New York courts repudiated the town charters granted by the Governor of New Hampshire, but those towns, with great unanimity, resolved to support their rights and protect their property under the grants against the unjust claims of the Governor and Council of New York, by force. These towns ap- pointed Committees of Safety to attend to their defence. These committees met, from time to time, to take measures for the common protection. A General Convention was called to meet on the 16th of January, 1776, by a warrant issued Dec. 10, 1775, by a committee appointed for the pur- pose. It is not known by what authority it was called, but the Convention was composed of town Committees. In January, 1777, a Convention
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OF VERMONT.
composed of committees or delegates, assumed ju- risdiction of the whole territory, and declared it to be a separate and independent State. The re- solves of the Convention were executed by com -. inittees or agents appointed by the Convention. This simple arrangement stood in stead of a form- ally constituted State government. This body ex- ercised supreme legislative and executive power. It was elected by the people, expressed their will, and was answerable to them. New York claimed that the whole territory, now called Vermont, was within their jurisdiction. The contest be- tween the two jurisdictions was carnest and un- yielding. The Grants made application to the King to settle the controversy in their favor, in- sisting that their territory was not within the boundary of New York. The commencement of the Revolutionary War, and the news of the bat- tle of Lexington, fired the hearts of most of the people. A body of troops was raised for the com- mon defense from among the New Hampshire Grants, by the request of Congress, who were called the Green Mountain Boys, and who chose their own officers. A part of this regiment was raised from the towns near Onion River. Peleg Sunderland, who was called a "mighty hunter of both wild beasts and Tories," was recommended as one of their captains. At a meeting of the rep- resentatives of the several towns in the New Hampshire Grants, on the west side of the Green Mountains, held at the Inn of Cephas Kent in Dor- set, Jan. 17th, 1776, it was voted that, "the inhabited towns in the Grants be allowed votes in
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the meetings or conventions in proportion to the number such deputed member or members shall represent." Committees were appointed at said meeting to warn General Meetings of the commit- tees on the Grants when they should judge neces- sary from southern or northern intelligence.
On the 20th day of July, A. D. 1764, the King of England with the advice of his Council, on peti- tion from the authorities from New York, annexed all the territory west of Connecticut River, south of Canada line, and north of Massachusetts, to New York Province. To this action the Grants remonstrated and reported to the King the situa- tion, and on the 24th day of July, 1767, the King and his Council took the report into consideration and commanded the New York authorities, that they, for the time being, make no grants in the ter- ritory of the New Hampshire Grants .:
A petition was drawn, to present to the Conti- nental Congress, setting forth the condition of the Grants, the action that the King and his Council had taken, and the course of conduct of New York, and praying Congress to take their cause into their wise consideration, and order that the Grants do duty in the Continental service as in- habitants of New Hampshire Grants, and not as inhabitants of the Province of New York. This petition was presented at the adjourned meeting held at the Inn of Cephas Kent the 17th of Janu- ary, A. D. 1776, and was agreed to. Lieut. James Breakenridge and Capt. Heman Allen were chosen to prepare said petition to Congress.
The Grants were willing to do all in their power
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in the common cause, but not as Yorkers. It was the wish of the Grants, as expressed in the peti- tion, to have the dispute between them and New York lie dormant till the contest with Great Brit- ain was over, when there would be a better op- portunity to get an equitable decision in the dis- putes with New York.
On the death of Gen. Montgomery the com- mand of the Colonial forces in Canada devolved upon Gen. Wooster who was left in charge of the troops at Montreal, and he wrote Col. Warner a pressing letter for reinforcements. This was after the defeat of the Colonial forces at Quebec. He said the safety of the Colonies, and especially the frontiers, depended upon keeping possession of Canada, and said, "I am confident I shall see you here with your men in a very short time." Gen. Wooster was not disappointed. His promptness in rendering aid elicited the approval of both Gen. Washington and Gen. Schuyler. The alacrity with which the Green Mountain Boys furnished aid showed their readiness to serve the common cause, and defend their rights against the arbi- trary power of King George III., as well as the usurpation of New York. The stand that the hardy Green Mountain Boys took educated the people of their territory to become brave, inde- pendent and self-reliant.
Said petition to Congress was presented to that body by the committee chosen for that purpose, but it was opposed by New York, and ordered to lie on the table for consideration. A motion was made to withdraw the peti- 9
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tion that it might not be acted on when the Grants were not properly represented in the ab- sence of the Committee. Congress passed a reso- lution that the petitioners, for the present, submit to the government of New York till the contest with Great Britain was over, without prejudice to their rights to their lands, and that the contro- versy with New York, in the end, be submitted to proper judges, and that the Committee have leave to withdraw their petition. The Grants were willing to aid the common cause as the resolu- tions required, but they never yielded allegiance to the government of New York.
Many persons residing in the New Hampshire Grants joined the enemy of the United States, and on the 26th day of February, 1776, the Grants passed an act to prevent such persons returning to the State, and if any violated the act they were to be arrested and tried in the courts, and if found guilty were to be whipped on the naked back, not more than forty, and not less than twenty, stripes, and ordered to quit the State; and if he returned again to the State, he was to be put to death ; and if any one harbored such persons they should for- feit and pay five hundred pounds. There was a list of one hundred and eight names incorporated in the act to which the first part of said act ap- plied. At the adjourned session of the Convention held on the 17th day of January, 1777, it was vo- ted that "the district or territory is hereby de- clared forever hereafter to be considered as a sepa- rate, free and independent jurisdiction or State."
At an adjourned Convention, held at Dorset on
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the 25th of September, 1776, where towns from both sides of the Mountain were represented, it was resolved that, "no laws, direction or direc- tions" from the State of New York, would be ac- cepted by them.
James Rogers came from New Hampshire to Londonderry, Vt. That town had been granted by New York (by the name of Kent) to said Rog- ers Feb. 13th, 1770. He held a commission as jus- tice of the peace and as assistant justice of an infe- rior court in 1766, and 1772. In 1775, his politi- cal situation and views were doubtful, both par- ties supposing him to be a friend of their party, probably for want of accurate information as to his position. But on Burgoyne's invasion he joined the King's troops, and on Oct. 3d, 1777, the Council of Safety took control of his prop- erty and confiscated it in 1778. But in 1795, and 1797, on a petition of his son James, so much of his property as had not been disposed of was returned to him by the General Assembly. The property of Tories and enemies was from time to time confis- cated by the authority of the State.
The government of New York continued to keep up a semblance of authority over the Grants, and to commission various persons residing in the Grants to carry out the will of New York govern- ment. All such commissions and appointments to office, they thought, would serve to keep the peo- ple loyal to the government of New York. But it is evident that the people of the Grants were too determined to maintain and guard their liberties and rights, and to establish their absolute inde-
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pendence as a separate power or as a separate State of the Union, to be easily dissuaded by flat- tery, or by the gift of emoluments, or a little brief authority under the government of New York .. The Vermont Council of Safety and the Conven- tions composed of committees, or representatives, or delegates, from the different towns, acted inde- pendent of New York in all of their deliberations, and in appointing officers in their military force.
Jails were voted to be built, by the Convention, of logs and earth, in Manchester. for the confine- ment of Tories and other offenders. It was voted by the Convention Sept. 28th, 1776, that, "as it appears that the town of Arlington are princi- pally Tories, yet the friends of liberty are ordered to warn a meeting and choose a Committee of Safety and Conduct, as other towns." And at the same meeting, voted to appoint Col. Seth Warner, Capt. Heman Allen and four others a committe "to prepare a citation to send to the State of New York, to know if they have any objection to our being a separate State from them." On January 15, 1777, a committee reported to the Convention that, "we find by examination that more than three-fourths of the people in Cumberland and Gloucester Counties, that have acted, are for a new State; the rest we view as neuters." And at the same meeting it was voted that a committee (naming them) prepare a draught for a declara- tion for a new and separate State.
The next day the committee reported, viz .: "Right 1st. That whenever protection is withheld. no allegiance is due, or can of right be demanded ;"
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and secondly, they set forth fully their grievances against New York and their monopolizing land traders, and declared that the New Hampshire Grants of right ought to be, and is hereby declared forever hereafter a separate, free and independent jurisdiction or State, by the name, and forever hereafter to be called, known and distinghished by the name of New Connecticut. On the 4th of June, 1777, the name was changed to Vermont. Down to the 17th day of January, 1777, certain dele- gates from the New Hampshire Grants had served as delegates in the New York Convention, and on the last named date the Vermont Convention di- rected that a letter be drawn directed to them, that they would "on sight hereof withdraw themselves from the Convention of the State of New York and appear there no more in the char- acter of representatives for the County of Cumber- land." That County was not represented in New York after 1784. The people of the New Hamp- Grants, who were endeavoring to throw off all al- legiance to New York, were not only severe on all New York sympathizers, but the deacons of the churches were severe with their members whose conduct was not strictly in accordance with the fourth commandment.
An anecdote is related about Dea. Session of Westminister. A member of Parson Buelin's church had shot a bear in his cornfield on Sunday, and for this, excommunication was voted. When the Parson attempted to read this document in church, the accused, fully armed, rose to his feet and brought his musket to bear on the Parson.
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This so shocked the nerves of the Parson he handed the document to Dea. Sessions to read. The dea- con declined, saying, "all things are lawful unto me but all things are not expedient." The New York sympathizers in Cumberland County had appointed Dea. Sessions to represent them in New York, and he found it also not expedient to con- tinue to represent them in New York. The Con- vention of the New Hampshire Grants under the name of New Connecticut, on the 17th day of March, 1777, published to the world their declar- ation as a free and independent State.
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