USA > Vermont > Early history of Vermont, Vol. II > Part 12
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25
183
OF VERMONT.
his accounts; to make provision for the payment of the soldiers in the State's service in the then last campaign; to take into consideration the pa- per currency, and to take proper measures to reg- ulate the press. This last item had no reference to the restraint on the liberty of the press, but to re- vive the then suspended newspaper at Westmin- ster, or to establish one at Bennington. There were two, soon after established, one at Benning- ton and one at Windsor. The one at Windsor was called the "Vermont Journal and Universal Adver- tiser," and the one at Bennington the "Vermont Gazette or Freeman's Depository."
On February 27th, 1782, a law was passed to compel the more punctual attendance of the mem- bers of the Assembly. The act imposed a fine of one pound and ten shillings for each day of ab- sence without excuse, the daily roll of the clerk be- ing conclusive evidence.
On June 21, 1782, an act was passed providing a punishment for the assembling of six or more persons "with weapons of terror" to hinder the execution of the laws; or against any person or persons who should "conspire, or attempt any in- vasion, insurrection or rebellion against the State. The third section of the act provided "that if any person banished under this act should refuse to de- part, or after departure should return without leave and be convicted thereof," he should suffer death. Attested copies of the act were sent im- mediately to the towns of Brattleboro, Halifax, Guilford and Marlboro.
On October 21, 1783, the Governor and Coun-
184
EARLY HISTORY
cil received a bill from the General Assembly to the effect that a bill be enacted into a law, to prevent the return of inimical persons to the State. At this time there was a stipulation in the Provis- ional Treaty of Peace that Congress recommended to the several States to pass acts permitting those who had gone from them to return, but Congress had not moved in the matter: therefore, the Council resolved in substance, that for this State, considering the situation, to lead the United States in these matters "appears premature," and that the Council were of the opinion that no act be passed at that session respecting inimical per- sons, and requested the Governor to omit giving any persons within the enemy's lines, who have been deemed enemies to this and the United States a permit to return until the further order of the House.
It was resolved in Council on October 24, 1783, that Ira Allen, Esq., Surveyor General, be empow- ered and directed to dispose of a township of land granted to Maj. Timothy Woodbridge and asso- ciates, by the legislature, in October 1781,-that the avails be applied to the use of purchasing stores for the purpose of surveying town lines; and that Allen be empowered to hire money for the same purpose and to dispose of thirty-five rights of land in the town of Carthage (now Jay) for the same purpose. By the authority of these and other resolutions, Allen took the township of Woodbridge for himself, out of which a contro- versy arose that resulted in the defeat of Governor Chittenden for governor in 1789. Some attrib-
- أطف الكبائن . إلى
น.
185
OF VERMONT.
uted private and sinster motives to Chittenden in allowing the township of Woodbridge to be granted to Ira Allen. The movement for the de- feat of Chittenden originated in the Assembly in 1788, and was designed to destroy the confidence of the people in Ira Allen and Governor Chitten- den. The Council endeavored in vain to check the House. The facts were that on October 26, 1781, a township of unappropriated land was granted to Maj. Theodore Woodbridge, and that the Gov- ernor and Council made out a charter for the township named Woodbridge, but it was forfeited for non-payment of the amount due for the grant, and the Governor and Council empowered and di- rected Ira Allen as Surveyor General to dispose of the township that had been granted to Maj. Woodbridge. The State became indebted to Allen for cutting roads and surveying town lines, and the Council gave him the right to dispose of said township and other lands to reimburse himself. At the election in September 1786, Allen was de- feated as State Treasurer, and that so alarmed him that he called upon Governor Chittenden to deliver him the charter of Woodbridge, which he did; and when arraigned for it in 178S, he de- fended the act. The committee of the House con- sisting of Stephen R. Bradley, Ebenezer Marvin and Phinehas Freeman, reported that Chittenden admitted, "that he did, without advice of Coun- cil, in October 1786 *
* make out and sign, in a private manner, to Ira Allen Esq. a charter which for aught he knows, covers some of the premises. That he did, at that time, take a large
186
EARLY HISTORY
bond of said Allen to indemnify him." And the committee reported that the reason that Chitten- den gave for his act was his "fear that the State would wrong said Allen in his capacity as Sur- veyor General." The committee concluded their report as follows : viz., "His Excellency has violated the trust reposed in him by the constitution, to keep the public seal of the State SACRED; and that he has converted it to PRIVATE, sinster views; and your committee submit to the House, what order should be taken-and that in the opinion of your committee said charter was fraudulent, and ought to be declared void by act of Legislature." After a long and anxious hearing of the Governor and others, the report was accepted. Jonathan Hunt, who was instrumental in exposing the Governor and Allen in the matter, asked for an annulment of Allen's charter, and a committee on the ques- tion was appointed, and reported. On the 24th a a bill for the annulment was agreed to and sent up to the Governor and Council for concur- rence. There was a long contest, but the bill did not pass. The bill was sent out to the public in the printed journals and was industriously circu- lated and used in the next political canvass, and served to defeat Governor Chittenden in Septem- ber 1789. After a full consideration of the mat- ter the people became satisfied that there had been no fraudulent intent and no "private, sinster views" concerning the part the Governor took in the matter, but it defeated his election. At the succeeding election, and as long as Chittenden re- mained Governor, a majority of the suffrages of the people were readily given for his support.
187
OF VERMONT.
On October 17, 1786, an act was passed "for- bidding the sale of any negro, or subject of this State being sold into slavery." On March 7, 1787, a bill was passed against counterfeiting. The penaltics attached were as follows : viz.,
"Every person or persons so offending, being convicted thereof before the Supreme Court of this State, shall be punished by having his right ear cut off, and shall be branded with the capital let- ter C on a hot iron, and be committed to any gaol or house of correction, there to be confined and kept to work under the care of a master, and not to depart therefrom without special leave from the Assembly of this State, until the day of his, her or their death; under the penalty of being severely whipped by order of any Court or Justice, and thereupon to be returned to his former con- finement and labour: and all the estate of any person offending as aforesaid, shall be forfeited to this State, and may be accordingly seized for that purpose, by order of the Court before whom such offender is convicted."
In an act regulating tavern keepers it was re- quired that "the names of tavern haunters were to be posted at the door of every inn in town, and inn-keepers were prohibited from entertaining them or furnishing liquor to them."
On October 14, 1785, Nathaniel Chipman re- ported the following rules to and were adopted by the Assembly, relating to elections in joint As- sembly and the privileges of the Governor and Council, viz :
"1st-That every member and Spectator be subject to the rules of the House.
---
188
EARLY HISTORY
"2d-That the doors of the House be open to all Spectators who behave themselves orderly, ex- cept the interest of the State require the same to be shut.
"3dly-That the officers of the House attend punctually at the times of adjournment on pen- alty of being reduced to private stations.
"4thly-That no member being absent at roll call take his seat without liberty from the House.
"5thly-Any member who is absent after roll call without leave of the House more than fifteen minutes at one time shall be subject to the like penalty-and if such member continue absent for one day or more shall be liable to be expelled from the House.
"6thly-That no member speak in the House without leave of the Speaker of the House.
"7thly-That no member speak more than twice on one subject without leave of the House.
"Sthly-That no member make any nomina- tion until such nomination be called for by the Speaker-And that the Speaker put every motion to vote which is seconded unless withdrawn or objected to.
"9thly-That no person who is not a member of this House (except the Governor and Council) shall speak in the House without first obtaining leave by [through] a member of the House."
In February 1783, a resolution was reported and agreed to that the "assistant judges after 1783, should take rank by the date of former commissions."
189
OF VERMONT.
On February 25, 1783, the following preamble and resolutions were agreed to in the committee of the whole, consisting of the Governor, Council and General Assembly : viz.,
"Whereas it is represented that sundry false re- ports have been industriously circulated among the inhabitants of the Independent States of America, tending to excite Jealousies and distrust and thereby lessen their friendship and esteem to- ward the Citizens of this State,"
"Resolved, that the Citizens of this State have from their first forming government uniformly shewn in a public manner their attachment to the common cause and desire of being connected in a federal union with the United States as may ap- pear by their resolutions and other public transactions.
"Resolved, that neither the Executive, or Legis- lative authority of this State have ever entered into any negotiation, truce or combination with the enemies of this and the United States, except that only of an exchange of Prisoners, and they are still determined, at the risque of their lives and fortunes to continue their opposition to any at- tempts made, or that may hereafter be made to infringe or abridge the rights to [or] the freedom and Independence of this and the United States ; nor is there a disposition existing in this Commit- tee, from their confidence in the good intentions of the United States, to afford their aid, to propose or consent to any terms of peace or otherwise de- rogatory to or inconsistent with the rights, Liber- ties, or independence of this or the United States of America."
190
· EARLY HISTORY
On March 5, 1784, the General Assembly passed an act establishing post-offices at Benning- ton, Rutland, Brattleboro, Windsor and Newbury and regulated the manner of carrying the mails. And on the 9th day of March, 1787, the following law was enacted by the General Assembly : viz.,
"Whereas the business of promulgating the Laws, conveying timely notice to the Inhabitants of the State of all proprietary proceedings and other matters of importance to the Public can in no other way be effected so extensively and with so small expense as by the appointment of regular Posts for conveying the same to the different parts of this State.
"BE IT ENACTED by the General Assembly of the State of Vermont that there be five Post-offices established within this State, one in Benning- ton, one in Rutland, one in Brattleboro, one in Windsor and one in Newbury under such regula- tions as are established for the government of Post-offices in the United States.
"That the Post-Rider from Bennington to Brattleboro be allowed three pence per mile trav- el, and those on each of the other routs includ- ing a Post-rider from Bennington to Albany two pence per mile every time they respectively per- form their routs, in hard money orders or hard money.
"AND BE IT FURTHER ENACTED by the authority aforesaid that the Postmaster General be and he hereby is impowered to employ a Post to ride from Rutland in the County of Rutland through the County of Addison upon such rout or routs
.
191
OF VERMONT.
as he shall judge will best accommodate the Inhabitants of said County of Addison in pro- mulgating the laws of the State &c., and such Post shall be allowed two pence per mile each fortnight for one half the circuit going one road and returning another, to be paid as aforesaid. And the said Postmaster General is authorized hereby to establish Post Offices in such towns in Addison County as he shall find necessary.
"AND BE IT FURTHER ENACTED by the author- ity aforesaid that the several Postmasters be di- rected to keep a regular account of all profits and emoluments arising from the office and exhibit the same to his Excellency the Governor and the Hon- orable the Council of this State when requested. And that until the further order of the Legisla- ture the Post-riders from the several offices shall be entitled to an exclusive right of carriage and enjoy the advantages of the fees arising from the carriage of letters and Packets of every kind, and that the rate of Postage be the same as in the United States.
"AND BE IT FURTHER ENACTED by the authority aforesaid that no person presume to ride on any of the routs of such established posts for the pur- pose of carrying letters, packets, or other matters particularly within the province of such estab- lished Posts to carry on penalty of paying the sum of ten pounds to and for the use of any Post- master who shall prosecute the same to effect for every such oftence.
"AND BE IT FURTHER ENACTED by the authority aforesaid that his Excellency the Governor and
192
EARLY HISTORY
such other persons as the Legislature shall in fu- ture authorise, shall have authority to frank any letters or packet, for which letter or packet no postage shall be demanded."
After the treaty of peace between the United States and Great Britain there was some contro- versy arose as to what government had jurisdic- tion over the place then called Dutchman's Point which was on North Hero, half a mile south of Al- burgh. At this Point and also at Point Au Fer in New York, two and one half miles from Al- burgh, the Brirish troops remained for several years, and as late as October 16th, 1792, they ar- rested Benjamin Marvin of Alburgh for officiating as a Vermont magistrate on what they elaimed as . British territory. In the Vermont Council April 12, 1784, it was "resolved, that his Excellency the Governor be requested to call on Colonel Eben- ezer Allen to take possession of a place called Dutchman's Point as soon as the same shall be evacuated by the British troops. And also that the Governor write to General Haldimand on the subject. The action of General Haldimand at that time was peculiar and was a subject of much comment. All commercial interests for the time being were prohibited for reason unknown to any but himself at that time. No goods could pass ou New York side without paying duty. A letter was sent from Canada to a gentleman in New York dated June 12, 1784, which read, "Our Gen- eral Haldimand is one of the most curious old women you ever heard of. In consequence of a tale told him by a Captain Mure, who was in-
----- ---
193
OF VERMONT.
sulted in New York last fall, he has refused to de- liver up Michilimackinac; has sent Gov. John Hay to re-command the district, and refuse passes to all who apply for them over the Lakes to Al- bany or York." And it was reported that "No person is allowed to pass from Canada into these States without a written permission, and all our Indian trade into that province is absolutely pro- hibited." In reference to the military movements mentioned in the letter from Halifax, it after- wards appeared that Great Britain persisted in holding and garrisoning the posts from Ogdens- burg to Machilimackinac, on the ground that the United States had violated certain treaty stipula- tions on their part. John Jay, secretary for for- eign affairs, in a letter to Congress, October 13, 1786, fully justified Great Britain for so doing ; but on account of those military movements, Congress was alarmed by indications of Indian wars in both the north-western and south-west- ern portions of the country.
Following the efforts to open a trade between the Province of Quebec and this State and to set- tle a treaty of amity and commerce with the pow- ers of Europe, the following act was passed Octo- ber 29, 1784, by the Assembly and concurred in by the Governor and Council, viz :
"Whereas, many advantages will arise to the cit- izens of this State, by extending commerce to the province of Quebec, and through that channel to . Europe: Therefore,
: "BeFIT ENACTED, &c. that the Governor and Council be, and they are hereby authorized, and
14
194
EARLY HISTORY
empowered, to appoint one or more persons, not exceeding three, to repair to the province of Que- bec, with full power to confer with any person, or persons, that may be authorized therefor, by any power with whom it shall be necessary to agree, concerning matters of trade and commerce; and to transact with such person, or persons, all such matters and business as shall be necessary to complete, on the part of this State, the opening a free trade into, and through, said province of Quebec."
Growing out of the effort to establish commer- cial relations of Vermont with Canada there was an attempt made, to make the Congress of the United States and the people believe that Ver- mont was secretly treating with Great Britain, and were in future to become her allv in contro- versies with the United States. It was supposed it was emissaries from New York who were stir- ring up feelings of jealousy between Vermont and the government of the United States. A letter dated at Halifax, October 30, 1786, on this sub- ject is as follows, viz :
"The information I have given ought to be kept secret for my sake, and I communicate in the greatest confidence that it will not be divulged; but depend upon it, troops are pouring into Nova- scotia and Canada, from home, every day-the posts in the U. S. are daily fortifying-the garri- sons are increased .- Commissoners from Vermont are, at this moment, in treaty with the British Commissioners at Montreal, to bring about an union with the old government: A storm is gath-
195
OF VERMONT.
ering over your republics, more terrible than they have ever experienced; nay, the thunder is now on the point of breaking upon your heads .- God grant that you may get seasonable and authen- tic intelligence, that you may be prepared to re- sist the shock."
Another letter, published in the Vermont Ga- zette of November 20, 1785, is as follows, viz :
"It is currently reported, and the report gains credit, that secret emissaries from New York, and creatures corrupted by their influence, are secretly at work in every part of this State, fomenting un- easiness among the people, and promoting insur- rections. The first essay is said to be to raise a jealousy respecting us in the United States, by in- dustriously spreading reports that we are in se- cret treaty with Great Britain, and on any future emergency shall espouse her cause; and then, un- der specious pretenses, to raise cabals in this State, induce the unwary to join in their nefarious schemes, to rise in opposition to legal authority, and stop the course of justice. Arise ye freemen of Vermont! Defend your injured independencce ! Let no insidious foe precipitate your ruin, by per- suading you to raise the arm of desperation against your own life! liberty ! and property !"
The situation and the determination of Ver- mont after the treaty of peace of 1783 is stated in Ira Allen's "History of Vermont" as follows, viz :
"On the news of peace in 1783, between Great Britain and the United States, finding that the territory of Vermont was included within the boundaries of the latter as relinquished by the
--
196
EARLY HISTORY
former, the Governor and Council appointed Colo- nel Ira Allen their Commissioner, to concert meas- ures with the Legislative Council of Canada for opening a free commercial intercourse with that province; but the most essential part of his mis- sion was to confer with the Commander in Chief, General Haldimand, with respect to the views of the British Government, as applied to Vermont in particular, and the United States in general. It is to be observed, that many propositions had pass- ed between the agents of Great Britain and Ver- mont, respecting Vermont's being a colony under the crown of England; that by the preliminaries of peace Vermont was within the territory con- ceded to the United States as aforesaid; that she had dissolved her unions with them, a part of her consequence, and was not received into the con- federacy of the United States. In this situation, completely independent, and not in alliance or connexion with any power on earth, she had cau- tiously avoided contracting much debt; therefore wisdom dictated moderation, that she might take advantage of whatever circumstances should arise from the new order of things; that consider- ing the multiplied debts the United States has contracted, in the course of their struggles for in- dependence; that their constitution had not suffi- cient energy to govern an extensive country in time of peace; consequently a new constitution would be necessary in the United States, the for- mation and ratification of which, the liquidation and settlement of the public accounts, providing ways and means for discharging the same, were
197
OF VERMONT.
respectively arduous tasks; and the more so, when it was considered that the sense of danger from without gave rise to new discords within, and between the States a differance in political sentiments and interests might be difficult to rec- oncile. What influence British agents would have, or what their objects might be, in the United States under these circumstances, was also a question. Under these impressions, the Governor and .Council of Vermont instructed Colonel Ira Allen, at different times, to repair to Quebec, to confer with Governor Haldimand, his successor, &c., on the preceding matters, and to advise for the best good of Vermont ; the result of which was, that it was adviseable for Vermont to consolidate the interest of her citizens, on one common principle, and admit of no titles to lands, but those derived from New Hampshire, their sub- sequent confirmations, on the same grounds, from New York, that were in some instances made near Connecticut River, and the Grants made by Ver- mont; and to form no connexions with the United States for the time being, or until the United States should establish a more permanent consti- tution, liquidate and provide ways and means for the discharge of their debts. This policy being adopted by certain persons in Vermont, was steadily pursued by them."
Before Vermont was admitted into the Union, the State manifested an interest in favor of a ship canal between Lake Champlain and St. Lawrence River, and to that end Ira Allen entered into ne- gotiations in Canada in 1784-5, as appears from
4
198
EARLY HISTORY
the following extract from Ira Allen's History, viz :
"Lake Champlain is a noble chart [sheet,] and so deep that ships of war have sailed in it. It is sprinkled with many beautiful, fertile and well in- habited isles, but it is to be lamented that the wealth of its waves should be merely confined to the fisherman, when they might be converted to the noblest purposes of trade and useful naviga- tion, for the mutual benefit of millions, by a navi- gable cut to the river St. Lawrence.
"In consequence of an application made by Ira Allen, Esq; of this State, to General Haldimand, Governor of Canada, in 1784 and 1785, the Gen- eral thought so highly of the proposition, that he appointed Captain Twist, the engineer of that province, to make a survey and estimate the ex- pence of a canal from the river St. Lawrence to Lake Champlain, which was executed in 1785. The Captain began his survey at the rapids of St. John's and carried it on along the side of the river Sorel to Chamblee, &c. The estimate of the ex- pence of this cut, sufficient to bear vessels of two hundred tons burthen, was calculated at £27,000. The canal which I now [1798] propose is to ex- tend from St. Therese to the river St. Lawrence, as laid down in the inap annexed to this book, [Allen's History, London edition of 179S] the ex- pense may exceed the preceding estimate; but the excess will be amply compensated as the difficult- ies of a narrow winding river, upwards of thirty miles, would be avoided. It may be necessary to make several surveys to ascertain the best, as the
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.