USA > Vermont > Early history of Vermont, Vol. I > Part 9
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The New Hampshire Grants had endeavored through their. delegates to get Congress to recog. nize them as independent of New York and as a member of the Union, but Congress was slow to act to settle the dispute between the Grants and New York, or to recognize them as an independent State. On the 30th of June, 1777, Congress passed a resolve, "That the independent govern- ment attempted to be established by the people, styling themselves inhabitants of the New Hamp- shire grants, can derive no countenance or justifi- cation from the act of Congress, declaring the United Colonies to be independent of the Crown of Great Britain, nor from any other act or resolu- tion of Congress."
This looked like turning the cold shoulder to the brave Green Mountain Boys. The Commit- tee of the House of the State of New Hampshire. on the 2nd of April, 1779, reported to the House of that State, that that State "should lay claim to the jurisdiction of the whole of the New Hamp- shire grants, so-called, lying to the westward of Connecticut River." This looked like annihila- tion. But the same report conceded, that, if the Continental Congress allowed the Grants west- erly of Connecticut River to be a separate State by the name of Vermont. the state of New Hamp- shire would acquiesce therein. This report was
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ordered to lie, but it was taken up at the session of the House, on June 24, 1779, and passed. This concession seemed to open a door whereby Con- gress might settle the whole controversy by ad- mitting all the Grants westerly of the west bank of Connecticut River, as a separate State.
Ira Allen through the appointment by the Leg- lature of Vermont and the instruction from the Governor and Council, waited upon the General Court of New Hampshire to settle the controversy of the two jurisdictions. Allen's position was, that New Hampshire had no just claim to the Grants. And after admitting that there was a small minority of the people in favor of uniting with New Hampshire, stated that Vermont had been to great expense in sending agents to Great Britain to present their claims to the King and his Council, to be separate from New York, at a time when New Hampshire refused to exert her- self to recover her jurisdiction over the Grants, and substantially surrendered her claims to New York; that New Hampshire having left the Grants to contend alone against New York, she should not now claim her territory; that in fact the Green Mountain Boys had been deserted by New Hampshire, and had to contend against the New York Land jobbers without her aid ; that this was a time when the Green Mountain Boys were few in number, generally poor, and had but little more than Heaven to protect them and their families, and in this situation, stimulated by a patriotic spirit of freedom, baffled all their adversaries for more than seven years. And when New Hamp-
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shire was appealed to to exert herself to obtain ju- risdiction of the Grants again, when the Green Mountain Boys were hard pressed by both Great Britain and New York, she said, "the King gave and the King hath taken away, and blessed be the name of the King," and made no exertions to ob- tain the land for herselt, or to aid the Grants. Consequently her jurisdiction was curtailed to the west bank of Connecticut River. Allen claimed it was conceded by the United States that Vermont had borne her equal share of the burdens of the Revolutionary war, and consequently was entitled to equal privileges with the rest of their brethren of America.
On the 3d day of June, 1779, Thomas Chitten- den, Governor and Commander-in-Chief in and over the State of Vermont, issued his proclama- tion of full and free pardon of all public offences, except treason and misprison of treason and cap- ital offences committed since January 15th, 1777. On the 23d day of February, 1778, Gov. George Clinton of New York, for the purpose of inducing the people of Vermont to submit to the authority of New York, issued his proclamation, among other things setting forth, "that all persons actu- ally possessing and improving lands, by title un- der grant from New Hampshire or Massachusetts Bay, shall be confirmed in their respective posses- sions."
Ethan Allen made a reply to this proclamation, and while admitting there were disaffected persons within the boundaries of the territory of the New Hampshire Grants, asserted that
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almost the whole of the inhabitants of the State were disaffected with the government of New York, and it was not a fact that the ancient, orig- inal and true bounds of New York included the lands within the territory then called Vermont, and that the first claim of that kind was asserted in the proclamation of Gov. Tvron, dated the 11th . of December, 1771, where he claimed that New York extended to Connecticut River. Allen did not recognize the act of the English King in 1764, attempting to change and curtail the territory of New Hampshire, and extend the Eastern boundary of New York to Connecticut River, and had no doubt but Congress would curtail the claims of New York. And as to the overtures made by the Governor of New York to undo the grants made by New York of the lands in Vermont, and confirm the New Hampshire Grants, so-called, in their titles, Allen stated with great force that the Legis- lature of New York had no such right or legal power. As to the lands that had been granted by New York, that State could not nullify or defeat their own grants. He said, "It is contrary to common sense to suppose that the property of the subject is at the arbitrary disposal of the Legisla- ture; if it was, they might give a grant to-day and vacate it to-morrow, and so on ad infinitum. But the truth of the matter is, the first conveyance will and ought to hold good; and this defeats all subsequent conveyances."
Allen claimed that the overtures, made in the proclamation of Gov. Clinton, were calculated to deceive woods people, who, in general, may not be
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supposed to understand law or the power of a leg- islative authority. But very few of the people of Vermont accepted of the overtures. Allen claimed that the best way of vacating those New York in- terfering grants was to maintain inviolable the su- premacy of the legislative authority of the indepen- dent State of Vermont. That would overturn every New York scheme for their ruin, and made the Green Mountain Boys free men, and confirmed the title to their property, and put them into the en- joyment of the great blessings of a free, incorrupted and virtuous civil government.
Another reason that Allen gave in his reply, why Vermont should not be under the jurisdiction of New York, was because the local distance of Vermont from the seat of government in the State of New York was 450 miles, which would make it inconvenient and would constitute a sufficient reason for the independence of Vermont, and said, "if the inhabitants were obliged to submit to the government of New York they would wish to have the distance ten times greater."
He also asserted that the people of Vermont considered themselves as being in union with the United States from the time they took possession of Lake Champlain and the garrison depending thereon in behalf of the United States, in May, 1775; and had pursued the same object, viz., lib- erty; and had participated in all their troubles. and had hazarded all that was worth living .or dying for, and that it only needed a formal declar- ation to constitute them a member of the Union. And, lastly, he said that a confederation of the
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State of Vermont with the other free and indepen- dent States could not fail of being attended with salutary consequences to the Confederacy for ages to come; that her people were stimulated with a spirit of liberty, having a perfect detesta- tion of arbitrary power, and would instil the principles of liberty and social virtue into their children, which will be perpetuated to future gen- erations; that the State being removed from the sea coast, her people will be in a great measure exempted from luxury and effeminacy, and be a valuable support to the rising empire of the new world.
CHAPTER IV.
THE EARLY HISTORY OF VERMONT CONTINUED.
Notwithstanding the great efforts that the peo- ple of Vermont made for a separate existence as a State and the earnest pleading to be recognized as a member of the Confederacy, on equal terms with the other thirteen jurisdictions, they received no favorable consideration from the action of Con- gress, although they had the sympathy of some of its members. New York continued to treat the Green Mountain Boys as rebels, outlaws and felons, and passed laws to which was attached the death penalty for their violation, all of which was designed to crush out the spirit of liberty and the purpose to form an independent State. It only served to nerve the Green Mountain Boys to a more determined resistance to arbitrary power.
The Green Mountain Boys issued their mani- festo in respect to those laws and as to their en- forcement, signed by Ethan Allen, Seth Warner, Remember Baker and others, declaring, among other things, that if the officers acting under New York government should attempt to enforce those unjust laws, and arrest any of their number, "that they were resolved to inflict immediate death on whomsoever may attempt the same And pro- vided that if any of us or our party shall be taken
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and we have not notice sufficient to relieve them, or whether we relieve them or not, we are resolved to surround (their captor or captors) whether at his or their own house or houses, or anywhere that we can find him or them, and shoot such per- son or persons dead. And we will kill and destroy any person or persons whomsoever that shall pre- sume to be accessory, aiding or assisting in taking any of us." The Green Mountain Boys could not be protected in life and property under the laws of New York unless they gave up the latter to secure the former, and, therefore, resolved to maintain both, or to hazard or lose both.
In June, 1779, the Legislature passed an act to prevent persons from exercising authority unless lawfully authorized by the State of Vermont; that statue was aimed against all persons who should attempt to act in the name and by the authority of the State of New York. The penalty for the first offense under the act was a fine; for the second, not exceeding forty stripes on the naked body; and for the the third, the right ear was to be nailed to a post and cut off, and the forehead was to be branded with the letter "C" [contumacious] with a hot iron.
Gov. Chittenden referring to this matter in his message to the Legislature, October 14th, 1779, said, "I am unhappy to inform you that the disaf- fected inhabitants in the lower part of Cumberland County continue in their unjustifiable obstinacy against the authority of the State;" but he recom- mended the suspension of the laws intended to have been executed against those offenders, in con-
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sequence of a letter received from John Jay, Presi- dent of Congress, inclosing acts passed by that body relating to a final settlement of the differ- ences subsisting between Vermont and the adjacent States.
By November 1st, 1779, the lawful money of the State, or bills of credit, had become very much depreciated, as $16 in lawful money was equal to but one silver dollar, so that the Governor's yearly salary, which at this time was one thousand pounds, was not actually a large sum.
At an early day the Legislature passed acts ensuring the people of the State the freedom of conscience in religious matters, as appears by an Act passed in 1780, viz .: "An Act for the purpose of empowering the inhabitants of the respective towns of this State to tax themselves for certain occasions." The act provided that no person should be compelled by the major vote of the town to build or repair a meeting house; or support a worship, or minister of the Gospel, contrary to the dictates of his conscience, provided said person or persons shall support some sort of religious wor- ship as to him may seem most agreeable to the Word of God.
The settlers in Vermont, in an carly period in her history, were annoyed by the hostile disposi- tion of Indians. On the 9th of August, 1780, a party of twenty-one Indians visited Barnard and captured Thomas M. Wright, Prince Haskill and John Newton, and carried them to Canada. New- ton and Wright escaped in the spring of 1781, and Haskill was exchanged in the autumn of that year.
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They suffered many hardships while remaining prisoners, but on returning, resumed their farms and lived on them many years. A small band of Indians captured two young sons of one Brown, in the town of Jericho, and carried them to Can- ada, but after several years and the close of the Revolution they were permitted to return to their home.
On the 18th of August, 1780, the Governor and Council ratified an agreement that Stephen R. Bradley made with a Mr. Green of New London, Conn., to remove his printing apparatus from thence to the State, for the purpose of printing agreeable to the agreement.
On the 25th of July, 1780, Gov. Thomas Chit- tenden issued his proclamation giving the Tories a limited time to leave the State and join the enemy, their room being better than their company. There were but nine persons, so far as known, who availed themselves of the proclamation.
The Governor and Council and the Legislature, from time to time sought the favorable action of Congress to admit the State into the Confedera- tion as a State. And on the 18th day of August, 1780, the Governor and Council, resolved that Ste- phen R. Bradley, Esq., be and he is hereby re- quested as agent in this State, to repair to Phila- delphia, in company with Col. Ira Allen, to trans- act the political affairs of this State and report to this Council."
At the session of the Assembly October 13th, 1780, Gov. Chittenden requested the House verb- ally to accept his resignation of the office of Gov-
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ernor, but on repeated requests he withdrew his request and took the oath of office.
A question arose in the State regarding the re- granting of land that had before been granted by New York, and as to the validity of such grants. The Committee who had that matter in charge were of the opinion that the prior grants made by the authority of New York, since the King's pro- hibition, ought not to be considered as a sufficient bar against granting the same to other respecta- ble, worthy petitioners, and asked the sense of the Assembly on the subject. And thereupon the As- sembly resolved unanimously that the said previ- ous grants, made by virtue of the authority of New York, were not a bar against granting the same to respectable and worthy petitioners. In February, 1781, the Assembly passed an Act for quieting disputes concerning landed property. The act constituted the Governor, Council and House of Representatives a court for the trial of cases, where two or more charters had been made of the same tract of land, to different proprietors.
In the Center village of the historical town of Bennington stood "Catamount Tavern" House which had been a notable place of early times and until it was burnt to the ground the 30th of March, 1871. It was erected by Captain Stephen Fay, about 1768. It was two stories high and and about 44 feet by 34, with high fireplaces in each story. On the top of the high sign post was placed the stuffed skin of a catamount, from which came the name of the house. It was widely known as the Headquarters of the settlers in their
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contest with the New York land claimants. It was the home of Ethan Allen when he first came to the New Hampshire Grants. One Doctor Sam- uel Adams of Arlington became an advocate of the New York titles, and advised his neighbors to pur- chase their land from New York. He was warned to desist from such a course, but he persisted there- in and threatened death to anyone who should molest him. He was taken to the tavern, tried and ordered to be tied in an arm chair and hoisted up to the sign, where he was required to remain two hours. This had a salutary effect, but he af- terwards at the time of Burgoyne's invasion, be- came a violent Tory, and fled to Canada. From the Council room of this tavern Ethan Allen is- sued his order for mustering the Green Mountain Boys for the capture of Ticonderoga -- which cap- ture was effected seven days after. In this house sat the Vermont Council of Safety during the try- ing campaign of 1777; here Gen. Stark and War- ner, with the aid of the Council, planned the fam- ous attack on Baum's entrenchments, where was won the brilliant victory, which turned the cur- rent of success from the British to the American arms. Here it was that David Redding, a traitor and spy, was tried, condemned and hung.
From what has already been said respecting Massachusetts Bay, New Hampshire and New York, it appears that each party asserted that their respective claims to Vermont territory were sound and right. It was stated in the introduc- tion to Vermont's appeal to the candid and im- partial world : that, "'tis very curious to see how
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many shapes Massachusetts Bay, New Hamp- shire and New York, are able to make His most Sacred Majesty appear in; he certainly according to the vulgar notions, much exceeds the devil ; while his adjudications were in their favor he had the immutability of a God, but when against them the design of a villain."
The Governor and Council on the 10th day of December, 1779, published to the world what is called Vermont's Appeal to the candid and impar- tial World, containing a fair statement of the claims of Massachusetts Bay, New Hampshire and New York, and the right that the State of Ver- mont had to independence, with an address to Congress and the inhabitants of the 13 original United States. It is a document clear in state- ment, grand and eloquent, and as able a paper as any statesman has ever written. We take the fol- lowing extract from it, viz .:-
"COUNTRYMEN, FELLOW CITIZENS AND BRETH- REX: Under the strongest ties of friendship, as men who have equally suffered together, from the iron rod of tyranny in the late cruel measures of Great Britain, and who have gone hand in hand, andstood by each other, in times when threatened with ruin, tyranny and death; we beg your most serious attention by our address to this very im- portant subject. * It gives us pain and grief to mention the intrigues and artifices, used by wicked and designing men, to destroy the in- estimable liberties and privileges of the State of Vermont; and that too, by those ungrateful ones, who have been preserved from Indian cruelty by
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our brave and strenuous exertions during the pres- ent war. * We beg leave to recall your at- tention to the present most critical situation of the inhabitants of the State of Vermont; many of us were soldiers in the Provincial army during the last war between France and Great Britain and suffered inconceivable hardships, in successive campaigns, in striving to support the honor of the British nation, and to conquer and defend this territory of land from Indians, Canadians, and French, at which time 'twas that we discovered the excellency of the country, and determined, if. ever circumstances would permit, to settle the same."
And then after fully stating the contest of the Grants with New York, the appeal continues as follows: "We have now existed as a free, inde- pendent State almost four years, have fought Brit- ains, Canadians, Hessians, Waldeckers, Douch- men, Indians, Tories and all, and have waded in blood to maintain and support our independence. We beg leave to appeal to your own memories, with what resolution we have fought by your sides, and what wounds we have received fighting in the grand American cause; and let your own recollection tell what Vermont has done and suf- fered in the cause of civil liberty and the rights of mankind. And must we now tamely give up all worth fighting for? No, Sirs, while we wear the name of Americans, we never will surrender those glorious privileges for which so many have fought, bled and died; we appeal to your own feelings as men of like sufferings, whether you would submit
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your freedom and independence, to the arbitra- ment of any court or referees under heaven? If you would after wasting so much blood and treasure, you are unworthy the name of Ameri- cans; if you would not, condemn not others in what you allow yourselves. To you we appeal as the dermer resort under God ; your approbation or disapprobation, must determine the fate of thous- ands. * We have coveted no man's estate, we have at all times been ready to submit all dif- ferences relative to the fee of lands in dispute to impartial judges, and now solemnly declare to all the world that we are contending for liberty, the gift of the Creator to all his subjects, the right of making our own laws, and choosing our own form of government; and will God be pleased to dispose the hearts of our countrymen to save the inhabitants of the State of Vermont from tyranny and oppression, to grant them their liberties in peace, and to see the things which belong to their political salvation before they are hidden from their eyes."
Ira Allen, by the order of the General Assembly of Vermont expressed in a resolution passed Oct. 21st, 1779, was sent to the General Assemblies of the States of New Jersey, Pennsylvania, Virginia, Maryland, and some other places in the interest of Vermont, and to vindicate their position, and the opposition of Vermont to the Government of New York. Mr. Allen attended those Legisla- tures. He addressed a letter to the Council of Pennsylvania, setting forth the unjust claims of New York and the right of Vermont to take her
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place as one of the States of the Union. He said the citizens of Vermont have viewed themselves in the Union with the other free States of America ever since they took Ticonderoga, Crown Point, etc., in favor of the United States, and were will- ing to furnish their quota of men for the common defence, and pay their proportion of the expense of the war when admitted a seat in Congress.
By the resolution of Congress of. Sept. 24th, 1779, the first day of February, 1780, was as- signed for action on the claims of New York, New Hampshire and Massachusetts to the jurisdiction of Vermont, but action was postponed. As Ver- mont had no representation in Congress any hear- ing there had must be ex parte. But the agents of Vermont, Jonas Fay, Moses Robinson, and Ste- phen R. Bradley, transmitted to that body infor- mation that they were in town ( Philadelphia), ready with full powers to close an equitable union with the other independent States of America. Peter Olcott and Bezaleel Woodward were ap- pointed agents for towns in the northern district of New Hampshire Grants on both sides of Con- necticut River, who represented to Congress that it was the wish of the people in that district be- tween the heights of land on both sides of the river that they should be included in one State, if a new State should be formed. The matter was postponed in Congress from time to time till June 2nd, 1780, when Congress resolved that the Grants, "and they be and hereby are strictly required to forebear and abstain from all acts of authority. civil or military, over the inhabitants of any town
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or district who hold themselves to be subjects of and owe allegiance to any of the States claiming jurisdiction of the said territory (Vermont), in whole or in part, until the decisions and determin- ations in the resolutions aforementioned shall be made."
CHAPTER V.
THE EARLY HISTORY OF VERMONT CONTINUED.
The Vermonters continued to act and conduct their affairs as an independent State without much regard to the resolution of Congress. In- deed, Gov. Thomas Chittenden, in a reply ad- dressed to the President of Congress, to the reso- lutions, denied that Congress had the right or power to prevent Vermont being a free and inde- pendent State. And in that address said, "If Ver- mont does not belong to some one of the United States, Congress could have no such power (to judge of the jurisdiction of. Vermont) without . their consent; so that, consequently, determining they have such power, has determined that Ver- mont has no right to independence; for it is ut- terly incompatible with the rights and preroga- tives of an independent State, to be under the control or arbitrament of any other power. Ver- mont has, therefore, no alternative; they must submit to the unwarrantable decree of Congress, or continue their appeal to heaven and to arms."
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"The cloud that has hovered over Vermont, since the ungenerous claims of New Hampshire and Massachusetts Bay, has been seen, and its motions carefully observed by this government;
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