USA > Vermont > Early history of Vermont, Vol. II > Part 6
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After the royal order of 1764, extending the jurisdiction of New York to the west bank of Con- necticut River, New Hampshire surrenderded all claim to all the territory west of that river and withdrew all protection from the people of the New Hampshire Grants and left them to defend themselves, their possessions and property, from the cruel and tyrannical usurpations of the Colony of New York. This rendered it necessary for the
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Grants to take up arms to maintain the title to their lands that had been granted to them by Governor Wentworth and paid for. The Grants had subdued the wilderness and cultivated and made productive their farms, and had, they sup- posed, good title to their homes. At this time, if the New York government had left the settlers in the undisturbed possession of their farms and not attempted to regrant their lands and homes to others under New York authority, the people within the jurisdiction of the New Hampshire Grants, would have submitted to the government of New York, and would have become peaceable cit- izens thereof. But when the latter began to ignore the rights of the Grants and resell their lands to strangers, and bring actions in the courts of New York to oust the bona fide settlers from their homes, and turn them out into the world penni- less, and pass the most cruel laws against them, empowering their judges, in case any one had not obeyed their cruel enactments and did not volun- tarily surrender himself for trial, to award sen- tence of death against him or them, the same as though he or they had been attainted or convicted, then it was, that the Grants determined, to the last extremity, to defend their rights and protect their homes rather than submit to New York. During all this time, those who were averse to submitting to the authorities of New York, stood loyal to the general cause of the Colonies against Great Britain.
The following lines, the author of which is un-
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·known, express the sentiments of the Vermonters during that trying period : Viz.
"Ho-all to the borders : Vermonters, come down, With your breeches of deer skin, and jackets of brown ; With your red woolen caps, and your moccasins, come To the gathering summons of trumpet and drum !
Come down with your rifles !- let gray wolf and fox Howl on in the shade of their primitive rocks ; Let the bear feed securely from pig-pen and stall ; Here's a two-legged game for your powder and ball ! . On our south come the Dutchmen, enveloped in grease ; And, arming for battle, while canting of peace ; On our east, crafty Meshech has gathered his band, To hang up our leaders, and eat out our land.
Ho-all to the rescue: For Satan shall work No gain for his legions of Hampshire and York ! They claim our possessions-the pitiful knaves- The tribute we pay, shall be prisons and graves !
Let Clinton and Ten Broek, with bribes in their hands, Still seek to divide us, and parcel our lands ;- We've coats for our traitors, whoever they are ; The warp is of feathers-the filling of tar !
Does the "Old Bay State" threaten ? Does Congress complain ? Swarms Hampshire in arms on our borders again? Bark the war-dogs of Britain aloud on the lake? Let 'em come !- what they can, they are welcome to take. What seek they among us? The pride of our wealth Is comfort, contentment, and labor and health ; And lands which, as Freemen, we only have trod, Independent of all, save the mercies of God.
Yet we owe no allegiance; we bow to no throne ; Our ruler is law, and the law is our own ; Our leaders themselves are our own fellowmen, Who can handle the sword, or the scythe, or the pen. Our wives are all true, and our daughters are fair, With their blue eyes of smiles, and their light flowing hair ; All brisk at their wheels till the dark even-fall,
Then blithe at the sleigh-ride, the husking, and ball !
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We've sheep on the hill-sides ; we've cows on the plain : And gay-tasseled corn-fields, and rank-growing grain ; There are deer on the mountains ; and wood-pigeons fly From the crack of our muskets, like clouds in the sky. And there's fish in our streamlets and rivers, which take Their course from the hills to our broad-bosomed lake ; Through rock-arched Winooski the salmon leaps free, And the portly shad follows all fresh from the sea.
Like a sunbeam the pickerel glides through its pool And the spotted trout sleeps where the water is cool, Or darts from his shelter of rock and root
At the beaver's quick plunge, or the angler's pursuit. And ours are the mountains, which awfully rise Till they rest their green heads on the blue of the skies ; And ours are the forests, unwasted, unshorn, Save where the wild path of the tempest is torn.
And though savage and wild be this climate of ours, And brief be our season of fruit and of flowers, Far dearer the blast round our mountains which raves, Than the sweet summer zephyr, which breathes over slaves.
Hurrah for VERMONT! for the land which we till Must have sons to defend her from valley and hill ; Leave the harvest to rot on the field where it grows, And the reaping of wheat for the reaping of foes.
Far from Michiscoui's valley, to where Poosoomsuck steals down from his wood-circled lair,
From Shocticook river to Lutterlock town,-
Ho-all to the rescue! Vermonters, come down !
Come York or come Hampshire,-come traitors and knaves ; If ye rule o'er our land. ye shall rule o'er our graves ; Our vow is recorded-our banner unfurled ;
In the name of Vermont we defy all the world !
Ira Allen, in his phamphlet entitled "Miscellane- ous Remarks," published in May 1777, in giving his reasons why the New Hampshire Grants should be separated from the government of New York and be an independent State, well repre-
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sented the sentiment and spirit of this people. He closed his remarks, in stating the grounds of sepa- ration, as follows : Viz.
"One special reason why the district of the New Hampshire Grants cannot connect with the State of New York is, the Supreme Court in Albany, at July term, in the year 1770, expressly declared the New Hampshire charters null and void, by said Court giving writs of possession against the New Hampshire settlers, by virtue of subsequent pa- tents from New York, by reason of which several of the New Hampshire settlers were dispossessed of valuable farms and tenements ; therefore, the in- habitants of said Grants cannot be freeholders in said State, to act in any public business, till they . take re-grants of their lands, which we cannot do by any other means than by purchasing subse- quent patents from our greatest antagonists, and at their own price, which most certainly would have been most unhealthy for our purses.
"Perhaps some queries may arise in the minds of some gentlemen whether the district of the New Hampshire Grants, in their infant state, have men that are capable to govern the internal policy of a State, and are able to support government. I would ask such gentlemen which of the United States of America was so well peopled and so able, when they began government, as we are? Surely, I think not one; but many weaker, as to men of learning and sagacity to rule a State. I see no great difficulty in it, though it is not com- mon that men of so great learning, as some in the world, would go to subdue the desolate wilder.
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ness; yet I think we have men of as much virtue, and as good talents by nature, as any in the world. Tent-makers, cobblers and common tradermen composed the legislature of Athens. 'Is not the body (said Socrates) of the Athenian people composed of men like these?' For any man to arrogate, and say that we have not men that can govern the internal policy of a State, might, with the same parity of reason, say that the United States of America should always be subject to Great Britain, because there were men of more universal knowledge, as to ruling the scep- ter, and more experienced generals, and better equipped with shipping and warlike stores, &c.
"Necessity is the mother of invention. We find, by experience, that we have as good men to rule our Senate, as Britain her scepter; and as noble generals in the field as English annals have any account of. Powder, cannon and all kinds of warlike stores are manufactured amongst us. Ships of war are built, and the preparations of war go on with such rapidity that it is not to be paralled in history. Foreign powers are now as- sisting the rising States of America in many re- spects. This the United States of America could not have done had they not asserted their free and natural rights and liberties that were given them by the God of Nature, thereby to throw off the heavy yoke of bondage that George the 3d has prepared for us and our successors.
"Neither will the people of the district of the New Hampshire Grants ever be a free and happy people, except they steadfastly maintain the free
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and natural rights and liberties that were given them by the God of Nature, thereby to throw off the bondage that the former litigous government of New York has attempted to ensnare us with. Those things have greatly deterred our settle- ments, and should this obstacle be moved out of the way, no doubt but many worthy gentlemen, fit for any situation in life, would move into our territories, which would be to the mutual benefit of the whole.
"It is true our settlements are not, many of them, of an ancient date, yet are very flourishing, and, like young beginners, we are willing to work for our living. We have plenty of fertile lands ; our territory is considerably larger than either of the States of New Hampshire, Connecticut, Rhode Island and Providence Plantations, or New Jer- sey. No doubt but in a short time it will be as well peopled. As we are but small as to numbers, our public concerns will also be small in propor- tion; and as to a mode of government, there can be no greater expense in that, for the thirteen United States will all form their modes of govern- ment before we shall, and we can have the privi- lege of perusing them; and if any of them should be agreeable, the people can adopt them, or take such parts as shall best suit them.
"Our assemblies or courts will have quite short sessions, and have but little way to go, and all such money will be spent in the State, and as the power of legislation is now in the people, they will not have occasion to commision many salaried of- ficers in the State. They will also set all officers'
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fees at a reasonable rate. As to Court Houses, some are already built, and I cannot see why we should be at any more expense on that account, if we are in a new State, than if we were annexed to any other; for, take it which way you will, Court Houses and Jails will be wanted; therefore I cannot see where any very great expense should arise from.
"If we were to be in the State of New York, then we must send delegates to sit in the Provincial Congress of said State. It would be a long and expensive road to travel, and an expensive place when there, and in order to have the people pro- perly represented, there should a considerable number go, and when they are all met in Con- gress, the State would be so large that gentlemen from the extreme parts would not personally know but very little better the situation of the other extreme parts than a gentleman would from London. Yet most of them must stay and see what was done, and give their consent for or against; and as there has been an unhappy dis- pute between this district and the former govern- ment of New York, and some members of that Hon. House have been our greatest antagonists, it is possible the best of men might be some biased, though unperceivable to them. Thus, these gen- tlemen will spend near or all, the year, in doing what little business concerns this district, and as- sist others to do theirs, which they know nothing of, and in getting other gentlemen to give their consent to all resolves that concern this district. who will be equally ignorant of our situation, by
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reason of their local situation from ours. This be- ing thecase, it necessarily follows that there ought to be delegates enough from this district to know all business that should be necessary to be done for said district. If so, surely the same gentlemen might, much easier and cheaper, do their business by meeting in some convenient place in this dis- triet, where no other business would interfere with theirs.
"When civil laws should again take place, doubtless there would be many actions appealed up to the Supreme Court of New York, and, as the . State would be so large, doubtless they would be full of business. For that, and many other reas- ons, it is likely, actions would be continued from one session to another ; no doubt some very dispu- table cases that need numbers of evidences person- ally to speak. What amazing expense it would be for a man to go 450 miles to attend court, in this situation; yet his action may be put along through several courts. In this way of expense would go many thousand pounds out of this dis- trict.
"The great distance of road betwixt this dis- trict and New York is alone a convincing argu- ment that the God of Nature never designed said district should be under the jurisdiction of said State.
"I now appeal to the impartial reader which of these two ways would be best, wisest and cheap- est, both for the district of New Hampshire Grants, and the State of New York.
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"Brave Countrymen,
We're here assembled for the toughest fight That e'er strained the force of American arms. See yon wide field, with glittering numbers gay; Vain of their strength, they challenge us for slaves, And bid us yield their prisoners at discretion. If there's an American among you all Whose soul can basely truckle to such bondage, Let him depart! For me, I swear, by Heaven, By my great father's soul, and by my fame, My country ne'er shall pay ransom for me, Nor will I stoop to drag out life in bondage, And take my pittance from Britain's hands : This I resolve, and hope, brave countrymen, Ye all resolve the same."
At one time there was an effort made, by a few, not only to throw off New York authority, but to become annexed to Massachusetts. At an ad- journed meeting of the Cumberland County Com- mittee of Safety at Westminster, in June, 1776, there was a paper introduced before the Commit- tee that brought on a discussion of the right of New Hampshire Grants to secede from New York. Several of the members, representing a large con- stituency, favored a union with Massachusetts. The paper referred to expressed, "that the whole district described in said petition, may be hereaf- ter reunited to that province, and reserving to themselves also the right of offering their pleas, arguments, and proofs, in full, to effect a reunion thereof to that ancient jurisdiction, for those im- portant reasons to be adduced, when, where, and before whom the parties concerned shall be admit- ted to offer the same." In a biography of Charles Phelps it is stated, "that on one occasion he with .
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a singularity of behavior not easily to be ac- counted for, was engaged in a scheme to effect the annexation of Vermont to Massachusetts." Pre- vious to this he had shown an attachment to New York. It was said that Mr. Phelps declared that he did not act out of any good will to the State of New York, but to throw the people of Vermont in- to confusion and that he would as soon come un- der the Infernal Prince as under the State of New York, and that his ultimate design was to procure the territory of Vermont to be annexed to the Bay State. Mr. Phelps was a native of Massachusetts, and it would be quite natural that he should pre- fer a union with that State.
The first knowledge that Vermont authorities had that Massachusetts had entered in Congress a claim to part of her territory was in October, 1779, by a letter to Governor Chittenden from John Jay, bearing date Sept. 25, 1779. It was af- ter the resolutions of Congress of Sept. 24, 1779, wherein it was "most earnestly recommended to the States of New Hampshire, Massachusetts Bay, and New York to forthwith pass laws, ex- pressly authorizing Congress to hear and deter- mine all differences between them relative to their respective boundaries." This claim was a sur- prise to Vermont. Governor Chittenden made a direct appeal to Massachusetts in a letter to Sam- uel Adams, President of the Council of that State. The General Assembly of Vermont on October 21st, 1779, chose Brigadier-General Ethan Allen to wait on the Council and General Court of Mas- sachusetts Bay to negotiate the public business of
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Vermont with that State. The general conduct of Massachusetts was friendly to Vermont, but they concluded that if Vermont was to be parceled out among its neighbors they should have a share. Gov. Chittenden's letter to Adams was as follows: viz : -
MANCHESTER, October 28th, 1779.
SIR,-I am directed by my Council and the Gen- eral Assembly of this State, now sitting, to signify to your honor that his Excellency, John Jay, Esq., the late President of the Congress of the United States, has, by express, communicated a letter to me, bearing date the 25th ult., enclosing certain acts of Congress, for an equitable settlement of all differences subsisting between the State of Mas- sachusetts-Bay, New Hampshire and New York, on the one part, and this state, on the other; by which I obtained the first intelligence of a claim being set up and continued, by Massachusetts state, over any part of this.
"The General Assembly have been pleased to appoint the bearer, Brig .- Gen. Allen, to wait on your honorable Council and General Court, to learn over what part of this state you mean to ex- tend your claim, and how far you mean to carry such pretensions into execution, in the trial at Congress, on the first day of February next, agree- able to the acts of Congress, with which, I am in- formed, you are served with a copy. Every neces- sary step shall be invariably pursued, on my part, to bring about an equitable accommodation of all differences aforesaid, agreeable to the strict rules of Justice and equity; which cannot be attended
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to, in my opinion, without an explicit acknowl- edgement of the independence of this state; for
"FIRST. Can any, even the least, reason be gir- en for this state's being put under the jurisdiction of New-York, contrary to their will ?. Have not the inhabitants of Vermont suffered an infinity of evils, by New York's pretending to exercise juris .. diction over them, when neglected by every friendly power on the continent, even the author- ity which gave them being not excepted ?
"SECOND. Has not Vermont, for many years before the late revolution took place between Great-Britain and America, been forced to the last alternative, the absolute necessity of having re- course to arms, to defend their interest, purchased at the dearest rate; and of exhibiting that same spirit of patriotism, which has, so far, brought America out of a state of threatened slavery, into the fruition of freedom and liberty ?
"THIRD. Does not that same spirit of freedom now exist among the free citizens of Vermont, which is absolutely necessary to be continued, by the United States of America, in order to carry into execution the declaration of Congress, on the 4th of July, 1776? Surely it does.
"FOURTH. Can such a people be dragged, or flat- tered, into a subjection to any one of the United States, or be divided to two or more of them, merely to allow them a stretch of jurisdiction, and thereby augment their power? Surely they
cannot.
"If you will please to lay this before your hon- orable Council and General Court, and write me
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your answer, by the bearer, the favor shall be ever gratefully acknowledged by,
Sir, your honor's most obedient humble servant, THOMAS CHITTENDEN."
Samuel Adams replied to Chittenden as follows, Viz :
"SIR,-Your letter dated Manchester, the 28th of October, [1779,] and directed to the President of the Council of this State, has been laid before the General Assembly, according to your request, and duly considered. Two questions of impor- tance are therein proposed, viz. 'Over what part of this State (by which we suppose is to be under- stood Vermont) we mean to extend our claim?' .and 'How far we mean to carry such pretensions into execution, in the trial at Congress on the first day of February next.'
"This State hath an ancient and just claim to all the territory referred to in your letter lying be- tween the rivers Connecticut and Hudson, bounded as follows: viz. easterly by Connecticut River; westerly by the eastern line of New York; northerly by the northern boundary of Massachu- setts Bay; and southerly by the northern limits of the Massachusetts jurisdiction as it was settled by the King of Great Britain in the year 1739.
"This we take to be a full answer to your first question, according to its true intent, because we suppose a part of the district of Country which has been commonly called the New Hampshire Grants, and is contained within the bounds so de- scribed, is a part of that territory which you call the State of Vermont. Over this tract of country
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we mean to extend our claim, notwithstanding the decision of the King of Great Britain aforesaid in favor of the Province of New Hampshire, in 1739, which we have ever considered to be unjust. And as the General Assembly hath no authority to divest the State of any of its constitutional rights, we mean to continue, assert, and main- tain the said claim, before any body competent to try and determine the same, against the protesta- tions of any people whomsoever.
"However necessary you, Sir, may judge it that an explicit acknowledgement of the independence of the State of Vermont should be made, in order to bring about an equitable accommodation of the difficulties subsisting between the States men -. tioned in your letter, this State cannot come into such an acknowledgement consistently with its connection with the United States of America and the engagements it has solemnly entered into with them. We have, therefore, reason to expect that such formality of state in this address to you as would be correspondent with that which is adopted in your letter will be candidly dispensed with at this time.
"In the name and by the orders of the General Assembly,
I am with due respect, Sir,
Your most obedient and very humble servant, SAMUEL ADAMS."
The letter of Gov. Chittenden was evidently written with a careful observance of the state for- mality ; addressing Adams as the President of the Senate, with the expectation that he would return
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the courtesy and acknowledge him as Governor of Vermont. This he failed to do, and addressed him as a private citizen, and seems to give a reason, in his letter, for so doing. The whole course of Massachusetts in asserting her claim, was to se- cure the independence of Vermont and prevent its partition between New York and New Hampshire, although in 1779, the General Court declared that the State of Massachusetts had "a clear and indis- putable right" to the southern part of Vermont. But when in the year 1780, the subject was brought before Congress, the General Court de- cided that the claim was an "infringement on the rights of Vermont," and refused to prosecute it further. And when Congress in September 1780, proceeded to hear the claims of New York and New Hampshire, at the same time the legislature of Massachusetts instructed the delegates of that State in Congress to move and use their influence for a postponement of the question till time and circumstances will admit of a full and complete discussion, and that Congress in the meantime take proper steps to prevent any grants of lands in Vermont being made by any person or persons ; and the consideration of the matter in Congress was postponed. On Nov. 1, 1780, the Governor and Council appointed agents to treat with Major Carleton of the British force in Canada un- der General Haldimand, for the purpose of settling a cartel for the exchange of prisoners. This ac- tion of the Governor and Council was done in pur- suance to a resolution of the General Assembly of October 30, 1780. Out of this grew the so called
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Haldimand Correspondence. On December 12, 1780, Gov. Thomas Chittenden addressed the fol- lowing letter to Gen. John Hancock of Massachu- setts, viz :
"SIR,-Enclosed I transmit your Excellency a copy of my letter to Congress of 25th of July last, which, together with this, I request may be laid before the Legislature of the State over whom you preside, for their perusal and consideration.
"The arguments and representations therein exhibited are equally applicable for the considera- tion of the several Legislatures of the United States separately.
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