Early history of Vermont, Vol. II, Part 5

Author: Wilbur, La Fayette, 1834-
Publication date: 1899
Publisher: Jericho, Vt., Roscoe Printing House
Number of Pages: 876


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"That the inhabitants of the English colonies in North America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS :


"RESOLVED, N. C. D. 1. That they are entitled to life, liberty, and property: and they have never ceded to any sovereign power whatever, a right to dispose of either without their consent.


"RESOLVED, N. C. D. 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, enti- tled to all the rights, liberties and immunities of free and natural born subjects, within the realm of England.


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"RESOLVED, N. D. C. 3. That by such emigra- tion they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.


· "RESOLVED, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative Council: and as the English Colonists are not represented, and from their local and other circumstances, can- not properly be represented in the British parlia- ment, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been here- tofore used and accustomed : But from the neces- sity of the case, and a regard to the mutual inter- est of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are, bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members; excluding every idea of taxation, internal or external, for raising a rev- enue on the subjects, in America, without their .


consent.


"RESOLVED, N. C. D. 5. That the respective colonies are entitled to the common law of Eng-


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land, and more especially to the great and inesti- mable privilege of being tried by their peers of the vicinage, according to the course of that law.


"RESOLVED, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization, and which they have, by experience, respectively found to be ap- plicable to their several local and other circumstances.


"RESOLVED, N. C. D. 7 .- That these, his majes- ty's colonies, are likewise entitled to all the immu- nities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.


"RESOLVED, N. C. D. S .- That they have a right peaceably to assemble, consider of their griev- ances, and petition the King, and that all prose- cutions, prohibitory proclamations, and commit- ments for the same, are illegal.


"RESOLVED, N. C. D. 9 .- That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that col- ony, in which such army is kept, is against law.


"RESOLVED, N. C. D. 10 .- It is indispensably nec- essary to good government, and rendered essen- tial by the English constitution, that the constitu- ent branches of the legislature be independent of each other; that, therefore, the exercise of legisla- tive power in several colonies, by a council ap- pointed, during pleasure, by the crown, is uncon- stitutional, dangerous and destructive to the free- dom of American legislation.


"All and each of which the aforesaid deputies, in


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behalf of themselves, and their constituents, do claim, demand and insist on, as their indubitable rights and liberties ; which cannot be legally taken from them, altered or abridged by any power whatever, without their own consent, by their representatives in their several provincial leg- islatures.


"In the course of our inquiry, we find many in- fringements and violations of the foregoing rights, which from an ardent desire, that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and pro- ceed to state such acts and measures as have been adopted since the last war [with France,] which demonstrate a system formed to enslave America.


"RESOLVED, N. C. D .- That the following acts of parliament are infringements and violations of the rights of the colonists, and that the repeal of them is essentially necessary, in order to restore harmony between Great Britain and American colonies, viz. [Here several acts are specified, in- cluding those named in the preamble, and the ob- jectionable features of some of them are stated, such as the establishment of the Roman Catholic religion by the Quebec bill, for example.]


"Also, that the keeping of a standing army in several of these colonies, in time of peace, without the consent of the legislature of that colony, in which such army is kept, is against law.


"To these grievous acts and measures, Ameri- cans cannot submit, but in hopes their fellow sub- jeets in Great Britain will, on a revision of them,


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restore us to the state, in which both countries found happiness and prosperity, we have for the present, only resolved to pursue the following peaceable measures: 1. To enter into a non-im- portation, non-consumption, and non-exportation agreement or association; 2. To prepare an ad- dress to the people of Great Britain and a memo- rial to the inhabitants of British America; and 3. To prepare a royal address to his majesty, agree- able to resolutions already entered into."


And on October 20, 1774, Congress adopted and signed the following Articles of Association : Viz.


"WE, his majesty's most loyal subjects, the delegates of the several colonies of New Hamp- shire, Massachusetts-Bay, Rhode-Island, Connec- ticut, New-York, New-Jersey, Pennsylvania, the three lower Counties of New-Castle, Kent and Sussex on Delaware, Maryland, Virginia, North- Carolina, and South-Carolina, deputed to repre- sent them in a continental Congress, held in the city of Philadelphia, on the fifth day of September, 1774, avowing our allegiance to his majesty, our affection and regard for our fellow-subjects in Great Britain and elsewhere, affected with the deepest anxiety, and most alarming apprehen- sions, at those grievances and distresses, with which his majesty's American subjects are op- pressed ; and having taken under our most serious deliberation, the state of the whole continent, find, that the present unhappy situation of our affairs is occasioned by a ruinous system of colony ad- ministration, adopted by the British ministry


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about the year 1763, evidently calculated for en- slaving these colonies, and with them, the British empire. In prosecution of which system, various acts of parliament have been passed, for raising a revenue in America, for depriving the American subjects, in many instances, of the constitutional trial by jury, exposing their lives to danger, by di- recting a new and illegal trial beyond the seas, for crimes alleged to have been committed in Amer- ica: And in prosecution of the same system, sev- eral late, cruel, and oppressive acts have been passed, respecting the town of Boston and the Massachusetts-Bay, and also an act for extending the province of Quebec, [to the Ohio and the Miss- issippi rivers, embracing the present states of Ohio, Michigan, Indiana, Illinois, and Wisconsin,] so as to border on the western frontier of these colonies, establishing an arbitrary government therein, and discouraging the settlement of Brit- ish subjects in that wide extended country; thus by the influence of civil principles and ancient pre- judices, to dispose the inhabitants to act with hostility against the free Protestant colonies. whenever a wicked ministry shall chuse so to di- rect them.


"To obtain redress of these grievances, which threaten destruction to the lives, liberty, and property of his majesty's subjects, in North Amer- ica, we are of opinion, that a non-importation, non-consumption, and non-exportation agree- ment, faithfully adhered to, will prove the most speedy, effectual, and peaceable measure: And, therefore, we do for ourselves, and the inhabitants


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of the several colonies, whom we represent, firmly agree and associate, under the sacred ties of vir- tue, honor and love of country, as follows :


"First, That from and after the first day of December next, we will not import, into British America, from Great-Britain or Ireland, any goods, wares, or merchandize whatsoever, or from any other place, any such goods, wares, and merchandize, as shall have been exported from Great-Britain or Ireland; nor will we, after that day, import any East-India tea from any part of the world; nor any molasses, syrups, paneles, cof- fee, or pimento, from the British plantations or Dominica; nor wines from Maderia, or the West- ern Islands; nor foreign indigo. -


"Second, We will neither import or purchase, any slave imported after the first day of December next; after which time, we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it.


"Third, As a non-consumption agreement, strictly adhered to, will be an effectual security for the observation of the non-importation, we as above, solemnly agree and associate, that from this day, we will not purchase or use any tea, im- ported on account of the East India company or any on which a duty hath been or shall be paid ; and from and after the first day of March next, we will not purchase or use any East-India tea what- ever; nor will we, nor shall any person for or un- der us, purchase or use any of those goods, wares, .


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or merchandize, we have agreed not to import, which we shall know or have cause to suspect, were imported after the first day of December, ex- cept such as come under the rules and directions of the tenth article, hereafter mentioned,


"Fourth, The earnest desire we have not to in- jure our fellow-subjects in Great-Britain, Ireland, or the West-Indies, induces us to suspend a non- exportation, until the tenth day of September, 1775; at which time if the said acts and parts of acts of the British parliament hereinafter men- tioned are not repealed, we will not directly or in- directly, export any merchandize or commodity whatsoever to Great-Britain, Ireland or the West- Indies, except rice to Europe.


"Fifth, Such as are merchants, and use the British and Irish trade, will give orders, as soon as possible, to their factors, agents, and corres- pondents in Great-Britain and Ireland, not to ship any goods to them, on any pretense whatsoever, as they cannot be received in America, and if any merchant residing in Great-Britain or Ireland, shall directly or indirectly ship any goods, wares or merchandize, for America, in order to break the said non-importation agreement, or in any man- ner contravene the same, on such unworthy con- duct being well attested, it ought to be made pub- lic; and on the same being so done, we will not, from thenceforth, have any commercial connect- ions with such merchant.


"Sixth, That such as are owners of vessels will give positive orders to their captains or masters, not to receive on board their vessels any goods


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prohibited by the said non-importation agree- ment, on pain of immediate dismission from their service.


"Seventh, We will use our utmost endeavours to improve the breed of sheep, and increase their numbers to the greatest extent; and to that end, we will kill them as seldom as may be, especially those of the most profitable kind; nor will we ex- port any to the West-Indies, or elsewhere, and those of us who are or may become overstocked with, or can conveniently spare any sheep, will dispose of them to our neighbors, especially to the poorer sort, on moderate terms.


"Eight, We will, in our several stations, en- courage frugality, economy, and industry, and promote agriculture, arts and manufactures of this country, especially that of wool; and will dis- countenance and discourage every species of ex- travagance and dissipation, especially all horse- racing, and all kinds of gaming, cock fighting, ex- hibitions of shews, plays, and other expensive di- versions and entertainments; and on the death of any relation or friend, none of us, or any of our families, will go into any further mourning-dress, than a black crape or ribbon on the arm or hat, for gentlemen, and a black ribbon and necklace for ladies, and we will discontinue the giving of gloves and scarves at funerals.


"Ninth, Such as are venders of goods or mer- chandize will not take advantage of the scarcity of goods, that may be occasioned by this associa- tion, but will sell the same at the rates we have been respectively accustomed to do, for twelve


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months last past .- And if any vender of goods or merchandize shall sell any such goods on higher terms, or shall, in any manner, or by any device whatsoever, violate or depart from this agree- ment, no person ought, nor will any of us deal with any such person, or his or her factor or agent, at any time thereafter, for any commodity whatever.


"Tenth, In case any merchant, trader, or other person, shall import any goods or merchandize, after the first day of December, and before the first day of February next, the same ought forth- with, at the election of the owner, to be either re-shipped or delivered up to the committee of the county or town, wherein they shall be imported, to be stored at the risque of the importer, until the non-importation agreement shall cease, or be sold under the direction of the committee aforesaid; and in the last-mentioned case, the owner or own- ers of such shall be reimbursed out of the sales, the first cost and charges, the profit, if any, to be ap- plied toward relieving and employing such poor in- habitants of the town of Boston, as are immediate sufferers by the Boston port-bill; and a particular account of all goods so returned, stored, or sold, to be inserted in the public papers; and if any goods and merchandize shall be imported after the first day of February, the same ought forthwith to be sent back, without breaking any of the pack- ages thereof.


"Eleventh, That a committee be chosen in every county, city and town, by those who are quali- fied to vote for representatives in the legisla-


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ture, whose business it shall be attentively to ob- serve, of all persons touching this association; and when it shall be made to appear, to the satis- faction of a majority of any such committee, that any person within the limits of their appointment has violated this association, that such majority do forthwith cause the truth of the case to be published in the gazette, to the end that all such foes to the rights of British-America may be pub- licly known, and universally contemned as the en- emies of American liberty; and thenceforth we re- spectively will break off all dealings with him or her.


"Twelfth, That the committee of correspond- ence, in the respective colonies, do frequently in- spect the entries of their custom-houses, and in- form each other, from time to time, of the true state thereof, and of every other material circum- stance that may occur relative to this association.


"Thirteenth, That all manufactures of this country be sold at reasonable prices, so that no undue advantage be taken of a future scarcity of goods.


"Fourteenth, And we do further agree and re- solve, that we will have no trade, commerce, deal- ings or intercourse whatsoever, with any colony or province, in North-America, which shall not ac- cede to, or which shall hereafter violate this asso- ciation, but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of their country.


" And we do solemnly bind ourselves, and our constituents, under the ties aforesaid, to adhere to


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this association, until such parts of the several acts of parliament, passed since the close of the last war, as impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pi- mento, indigo, foreign paper, glass, and painters' colors, imported into America, and extend the powers of the admiralty courts beyond their an- cient limits, deprive the American subject of trial by jury, authorize the judge's certificate to indem- nify the prosecutor from damages, that he might otherwise be liable to, from a trial by his peers, re- quire oppressive security from a claimant of ships or goods seized, before he shall be allowed to de- fend his property, are repealed. And until that part of the act of the 12 G. 3, ch. 24, entitled, 'An act for the better securing his majesty's dock- yards, magazines, ships, ammunition, and stores,' by which any persons charged with committing any of the offences therein described, in America, may be tried in any shire or county within the realm, is repealed-and until the four acts, passed the last session of parliament, viz. that for stop- ping the port and blocking up the harbour of Bos- ton-that for altering the charter and government of the Massachusetts-Bay-and that which is en- titled, 'An act for the better administration of justice, &c.'-and that 'For extending the limits of Quebec, &c.' are repealed. And we recommend it to the provincial conventions, and to the com- mittees in the respective colonies, to establish such farther regulations as they may think proper, for carrying into execution this association."


These articles were signed by the President,


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Peyton Randolph, and all of the delegates of the twelve States that composed the Confederacy, ex- cept those of Georgia, who did not take their seats in Congress till Sept. 13, 1775. The sentiment of the people of the country in 1774 and 1775, in- cluding the people of the New Hampshire Grants, against the British government, was more unani- mous than at a later date, when many began to count the cost of rebellion against the British gov- ernment; that unanimity was shown by the gen- eral sympathy spontaneously expressed for the persecuted people of Boston. Vermont was not then in a position to declare the sentiment of her people on the journals of Congress, but it was de- clared in town meetings and conventions. When . the above mentioned resolutions and articles of association became known it stirred up a pat- riotic feeling in many of the towns. John Hazel- tine, by the advice of some of the leading men of the County of Cumberland, issued a circular call- ing a convention of delegates to meet at Westmin- ster on November 30, 1774. The two delegates from Chester were instructed to use their best en- deavours to procure a vote of thanks to the Con- tinental Congress for their good service. Their delegates were also directed to procure and con- vey certain instructions to Samuel Wells and Crean Brush, the representatives of the County in the New York legislature, one of which was to ex- ert their best skill and wisdom to choose deputies to represent New York in the Congress of the Col- onies called to meet at Philadelphia the next May. The people of Dummerston gave their delegates


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similar instructions, and adopted other measures showing the earnest patriotism of the town: it was an order to assess the town sufficient to pro- cure 100 weight of gun powder, 200 weight of lead and 300 flints for the town use. The tax was made payable in potash salts. The conven- tion was held pursuant to the call and adopted. the congressional resolves and promised reli- giously to adhere to the Articles of Association. It was moved in the convention that a committee of inspection be chosen in the County to perform the service mentioned in the eleventh article. This was opposed by John Grout of Chester and Sam- uel Wells of Brattleboro-both being Tories, and none were appointed by the convention. The peo- ple of Dummerston were dissatisfied with this failure to appoint such committee, and called a town meeting to be held January 3, 1775, at which meeting seven persons were chosen as a committee of inspection, "whose business it was to watch the conduct of the inhabitants and ex- clude Tories and negligent Whigs from every pub- lic office." They removed from town office two of the town assessors, for refusing to execute the vote of the town as to ammunition ; disarming a citizen who was supposed to be a Tory; and pre- vented another town officer from performing his official duties until he by his conduct proved him- self to be a Whig. This example thus set by Dum- merston was generally adopted by other towns. afterwards. The public pulse was best ascer- tained through the action of town-meetings at which every adult male, residing within the limits


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of the township, was expected to be present and was at liberty to address the meeting and to vote upon any question that came up for considera- tion. These local meetings were liable to be called at any time as the exigencies of the situation and times demanded.


At a meeting of committees that had been ap- pointed by inhabitants on the east side of the range of the Green Mountains, held at Westmin- ster, on the 11th day of April, 1775, it was voted "as our opinion, that our inhabitants are in great danger of having their property cruelly and un- constitutionally taken from them by the arbitrary and designing administration of the government of New York; sundry instances having already taken place; and that the lives of those inhabi- tants are in the utmost hazard and imminent dan- ger, and that it is the duty of said inhabitants, as predicated on the eternal and immutable law of self-preservation, to wholly renounce and resist the administration of the government of New York, till such time as the lives and property of those inhabitants may be secured by it, or till such time as they can have opportunity to lay their grievances before his most gracious Majesty in council, together with a proper remonstrance against the unjustifiable conduct of that govern- ment, with an humble petition, to be taken of so oppressive a jurisdiction, and either annexed to some other government, or erected and incorpor- ated into a new one, as may appear best to the said inhabitants, to the royal wisdom and clem- ency, and to such time as his Majesty shall settle


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this controversy." The meeting chose Colonel John Hazeltine, Charles Phelps, Esq. and Colonel Ethan Allen as a committee to prepare the remon- strance and petition.


At a full meeting of delegates from the several towns in the County of Cumberland, a colony of New York, convened at Westminster June 6, 1775, and in keeping with the sentiment expressed at the previous meeting of April 11th, passed the fol- · lowing resolves, Viz :-


"1. RESOLVED, That the late Acts of the British Parliament, passed in order to raise a rev- enue in America, are unjust, illegal, aud diamet- rically opposite to the Bill of Rights, and a funda- mental principle of the British constitution, which is, 'that no person shall have his property taken from him without his consent.'


"2. RESOLVED, That we will resist and op- pose the said Acts of Parliament, in conjunction with our brethren in America, at the expense of our lives and fortunes, to the last extremity, if our duty to God and our Country require the same.


"3. RESOLVED, That we think it needless to pass many resolves, exhibiting our sentiments with regard to the unhappy controversy subsist- ing between Great Britain and America. Let it suffice, therefore, that we fully acquiesce with what our brethren have lately done at New-York, in their late Association; and it is hereby resolved that the late Association entered into at New York is perfectly agreeable to the sentiments of the freeholders and inhabitants of this County, and that they fully acquiesce in the same.


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"4. RESOLVED, That this County is at present in a very broken situation with regard to the civil authority. We therefore sincerely desire that the advice of the honorable Congress may be by our Delegates transmitted to us, whereby some order and regularity may be establised among us. We therefore should take it as a favour if the hon- ourable Congress would particularly recommend to us in this County some measures to be pursued by us the inhabitants of the same; for we are per-' suaded their advice herein would have great weight to influence our people universally to pur- sue such measures as would tend to the peace, safety, and good order of this County for the future.


"5. RESOLVED, That we, the inhabitants of this County, are at present in an extremely de- fenceless state with regard to arms and ammuni- tion. We sincerely desire the honourable Provin- cial Congress would consider us in this respect, and from their generosity and goodness would do what in them lies for our relief in the premises. We have many brave soldiers, but, unhappily for us, we have nothing to fight with."




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