USA > Vermont > Early history of Vermont, Vol. II > Part 7
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
"Many and great are the evils which Vermont labors under: Congress claiming a jurisdiction over them: three of the United States claiming their territory in whole or in part, and Vermont at the same time a frontier in part to those very States, and exposed to British invasion from Can- ada, who being possessed of the Lake can sud- denly bring their whole force into this State, which, beyond hesitation, will be their object next campaign, unless some immediate measures be adopted to prevent it, as they have already de- stroyed the frontier settements of the state of New York. In a word, their force will undoubtedly be so great that it will be out of the power of the State to form magazines and to support a body of troops sufficient to withstand them, and the con- sequence must inevitably be, either that the people of this State be sacrificed; or, 2dly, be obliged to retire into the interior parts of the United States for safety ; or 3dly, be under the disagreeable ne-
T
97
OF VERMONT.
cessity of making the best terms with the British that may be in their power. Nearly the same would be the condition of either of the United States separately considered from their Union (as they would be unable to withstand the British power,) which may abundantly serve to evince that it is out of the power of Vermont to be fur- ther serviceable to them, unless they are admitted into Union.
"This State is of opinion that it is high time she had better assurances from the several States now in Union, whether, at the conclusion of the present War, she may without molestation enjoy her Independence, or whether she is only strug- gling in a Bloody War to establish neighboring States in their Independence to overthrow or swallow up her own and deprive her citizens of their landed estates. I do, therefore, in behalf of this State; demand your Legislature that they re- linquish their pretensions of a claim to jurisdiction over any and every part of this State, and request them to join in a solid Union with Vermont against the British forces which invade the American States. Such a Union for the mutual advantage of both States, I am ready to ratifiy and confirm on the part of this State."
In response to the letter of Chittenden to Han- cock, the General Court of Massachusetts on March S, 1781, adopted the following resolution that was approved by Governor Hancock, viz.
"This Court having maturely and deliberately considered the same, feel themselves disposed to comply with the request of said Inhabitants, and
-
98
EARLY HISTORY
to concede that the said territory and the Inhabi- tants within the same should be a sovereign inde- pendent State, in such way and manner and upon such terms as shall be agreed upon and estab- lished by the Congress of the United States of America :
"Therefore RESOLVED, that in case the territory called Vermont be recognized by Congress as a sovereign independent State and enter into the Confederation with the other American States, this Commonwealth will and do hereby relinquish their claim of jurisdiction in and over the said ter- ritory and every part and parcel thereof from the North side of the town of Northfield on the West bank of Connecticut river in the County of Hamp- shire to the North West corner of the town of Wil- liamstown in the county of Berkshire, in such manner and by such other bounds as shall be es- tablished by the delegates of the United States in Congress assembled, reserving nevertheless to each and every individual within and without said territory of Vermont, their full right and title to such lands within the same as are held and en- joyed by virtue of any right or grant derived from the Province, State, or Commonwealth of Massachusetts."
The letters of Governor Chittenden to Con- gress, to General Washington and to the Govern- ors of Massachusetts, Connecticut and Rhode Is- land, Haldimand correspondence, and the spirit and action of the people of Vermont, which was well known, gave timely notice that Vermont might be forced for the protection of her people to
99
OF VERMONT.
make terms of some sort with the British, were the main factors that warded off a bloody cam- paign, and which served to establish Vermont as one of the States of the American union. It will be remembered that no aid was given in that criti- cal period of Vermont's history, by Congress or any of the neighboring States, although at the same time Vermont's Continental regiment of Green Mountain Boys, under Warner, was serving in New York. It must be conceded that it was a masterly stroke of good policy of Gov. Chitten- den, Ira Allen and their associates that won for Vermont a place in the American union against the power and influence of neighboring States, Tories and opposition within her own borders and the power of a foreign foe.
The claim of Massachusetts to any part of Ver- mont after the year 1739 was extremely weak, as at that date the King in Council settled the boundary line between New Hampshire and Massachusetts Bay substantially where it now is, which brought Fort Dummer within the Province of New Hampshire. That Fort had been built by the Massachusetts Bay Province in 1724, and was garrisoned at their expense till it was ex- cluded from their jurisdiction by the settlement of the boundary above mentioned. After the bound- ary line had been settled the Massachusetts Bay Province represented to the government at home that Fort Dummer having been determined to be the property of New Hampshire, they were no longer obliged to garrison and maintain it, and prayed that, as it was necessary for the defense of
100
EARLY HISTORY
that part of the country, that New Hampshire might be directed to support it; the King and Council so directed in 1744, and declared that in case they refused to comply with so reasonable and necessary a proposal, his Majesty would find himself under the necessity of restoring that fort with a proper district of land contiguous to it to the Province of Massachusetts Bay; and from that time New Hampshire actually maintained Fort Dummer and paid a demand of arrears for its previous support to Massachusetts-Bay. These transactions would seem to have foreclosed or cut off any claim that Massachusetts ever had to the jurisdiction of Vermont.
CHAPTER VI.
INTERNAL AFFAIRS OF VERMONT AND THE CONTROVERSY WITH NEW YORK.
.
A convention of the inhabitants on the west side of the range of the Green Mountains was called by a committee of the New Hampshire Grants, Moses Robinson and others, to be held at Cephas Kent's in Dorset on January 16th, 1776, to act upon the following articles of business : Viz. "to see if the law of New York shall have free cir- culation where it doth not infringe on our proper- ties or titles of lands, or riots (so-called) in defence of the same" and "to see if the said convention will come into some proper regulations, or take some method to suppress schismatic mobs that have or may arise on said Grants."
At this convention a committee was chosen to examine and report their opinion relative to the last mentioned article. Eighteen towns were rep- resented in the convention. It was voted they should be represented in proportion to the number of inhabitants of the towns respectively; it was also voted " to represent the particular case of the inhabitants of the New Hampshire Grants to Con- gress by remonstrance and petition."
The convention warned to meet at Dorset on . the 24th of July, 1776, where 32 towns from the west side of the mountain were represented, adopted and subscribed the following declaration :
(10:)
102
EARLY HISTORY
Viz. "We the subscribers, inhabitants of that dis- trict of land commonly known by the name of the New Hampshire Grants, do voluntarily and solemnly engage under all the ties held sacred amongst mankind at the risque of our lives and fortunes to defend, by arms, the United American States against the hostile attempts of the British fleets and armies until the present unhappy con- troversy between the two countries shall be set- tled." This declaration was signed by the entire convention save one. William Marsh went over to the enemy after signing the above and fled to Canada. His property was confiscated and his return to the State forbidden by an Act passed February 26, 1779. It is stated of Marsh by E. P. Walton in the "Governor and Council" that he was not a Tory, and he had been an efficient friend of the new State, but when the splendidly equip- ped army of Burgoyne swept along the western border and a part of it was reported to be ad- vancing on the military road from Mount Inde- pendence to Castleton, and knowing that the con- dition of the Grants were such that they were likely to be overwhelmed by superior force, Marsh became panic-stricken and hastened, with other disheartened Whigs and a greater number of Tories to seek refuge in Canada. Marsh after a time was permitted to return and represented his town, Manchester, in the General Assembly in 1784 to 178S.
It was also resolved unanimously by said last mentioned convention, in substance. that if any of the inhabitants of the New Hampshire Grants
103
OF VERMONT.
should in future subscribe and return any such declaration or association to any committee of safety for either of the counties of the Province of New York, other than the above, they shall be deemed enemies to the Common Cause of the New Hampshire Grants. These were the first formal proceedings in convention for the evident purpose . of severing the connection of eastern Vermont with New York and of uniting the eastern and western towns in a common league for prosecut- ing the war for national independence.
The Dorset convention that was held July 24, 1776, adjourned on the 25th of that month, and on the 6th of August Heman Allen, Jonas Fay and William Marsh attended a joint meeting of the Committees of Safety of Cumberland and Glouces- ter Counties assembled at Windsor, where the matter of a separate jurisdiction was taken into consideration and the boundaries of a new State were described. James Clay was the chairman of Cumberland County Committee of Safety and had favored the interests of New York. Allen told him "that he had consulted with several members of the Continental Congress, who had recommended to him and his coadjutors to ascertain the feelings concerning the formation of a new state." He also reminded Clay that if the Grants should accede to the form of government that New York was soon to adopt, the Grants would have no opportunity to withdraw their support therefrom at a future day. The people of each town were invited to as- semble in town meeting and express their opinion as to the best course to pursue. Several towns
- ------
-
104
EARLY HISTORY
called meetings. The inhabitants of Rockingham voted to associate with the inhabitants of that district of land commonly called and known by the name of the New Hampshire Grants, and in- structed their delegates chosen to the Dorset con- vention to be held in the fall, "to use their best in- fluence to obtain the passage of such resolves as would tend to establish the Grants as a separate and independent State." A like spirit pervaded many other towns. In Halifax and some other towns there were two parties, and in some, they showed no disposition to throw off the jurisdic- tion of New York. The leaven that was working for a separate State was destined to leaven the whole lump. At the adjourned session of the con- vention at Westminster January 15, 1777, being composed of delegates from both sides of the mountain, it was voted that a letter be drawn forbidding the delegates from Cumberland County sitting in the Provincial Congress of New York; and a letter was accordingly sent to them by a committee. The convention also voted that "This convention, whose members are duly chosen by the free voice of their constituents in the sev- eral towns, on the New-Hampshire Grants, in public meeting assembled, in our own names, and in behalf of our constituents, do hereby proclaim and publicly declare that the district of territory comprehending and usually known by the name and description of the New Hampshire Grants, of right ought to be, and is hereby declared forever hereafter to be considered as a separate, free and independent jurisdiction or state; by the name,
105
OF VERMONT.
and forever hereafter to be called, known and dis- . tinguished by the name of NEW CONNECTICUT; and that the inhabitants that at present are, or that hereafter may become resident, either by pro- creation or emigration, within said territory, shall be entitled to the same privileges, immunities and enfranchisements as are allowed; and on such condition, and in the same manner, as the present inhabitants in future shall or may enjoy; which are, and forever shall be considered, to be such privileges and immunities to the free citizens and denizens as are, or, at any time hereafter, may be allowed to any such inhabitants of any of the free and independent states of America; and that such privileges and immunities shall be regulated in a bill of rights, and by a form of government, to be established at the next adjourned session of this convention."
And it was voted that proper information be given to the Continental Congress why the New Hampshire Grants had been declared a free State. It was also voted that a committee of war be ap- pointed on the east side of the mountains to be in conjunction with the committee of war on the west side of the mountains, to act on all proper occasions; and that some suitable measures be taken to govern the internal policy until more suitable measures could be taken.
On January 15, 1777, at the convention held at Westminster the Declaration of Independence for the State was adopted, and published in the "Con- necticut Courant" of March 17, 1777. In the dec- laration the new State was called "New Connecti-
106
EARLY HISTORY
cut." This declaration was not satisfactory to the subsequent convention held at Windsor, June 4, 1777, as it failed to state the causes for the sep- aration from New York, therefore, the latter con- vention set forth the causes of separation as fol- lows: Viz.
"In the year 1764 the legislative authority of New York did obtain jurisdiction over the before described territory of land, by virtue of a false rep- resentation made by the late Lieut. Governor Colden, that for the convenience of trade and ad- ministration of justice the inhabitants were desir- ous of being annexed to that government.
"They have refused to make re-grants of the same lands to the original proprietors and occu- pants, unless at the exorbitant rate of $2300 fees for each township, and did enchance the quitrent three fold, and demanded an immediate delivery of the title derived before from New Hampshire.
"The judges of their supreme court have made a solemn declaration that the charters, convey- ances, &c., of the lands included in the before de- scribed premises, were utterly null and void, on which said title was founded.
"In consequence of which declaration, writs of possession have by them been issued, and the Sheriff of the County of Albany sent at the head of six or seven hundred armed men to enforce the execution thereof.
"They have passed an act annexing a penalty thereto, of thirty pounds, and fine and six months imprisonment, on any person who should refuse attending the sheriff after being requested for the purpose of executing writs of possession.
107
OF VERMONT.
"The governors, Dunmore, Tyron, and Colden, have made re-grants of several tracts of land in- cluded in the premises, to cernain favorite land- jobbers in the government of New York, in direct violation of his Britannic Majesty's special orders in the vear 1767.
"They have endeavored and many times threatened to excite the king's troops to destroy us.
"They have issued proclamations wherein they have offered large sums of money for the purpose of apprehending those persons who dared boldly and publicly to appear in defence of their just rights,
"They did pass twelve acts of outlawry on the 9th of March, A. D. 1774, empowering the respec- tive judges of their supreme court to award execu- tion of death against those inhabitants in said district, that they should judge to be offenders, without trial.
"They have and still continue an unjust claim to those lands, which greatly retards emigration into, and the settlement of this state.
"They have hired foreign troops, emigrants from Scotland, at different times, and armed them to drive us out of possession.
"They have sent the savages on our frontier to destroy us.
"They have proceeded to erect the counties of Cumberland and Cloucester, and established courts of justice there, after they were discounten- anced by the authority of Great Britain.
"The free convention of the State of New York, at Harlem, in the year 1776, unanimously voted
- ---
108
EARLY HISTORY
'that all quitrents formerly due to the king of Great Britain, are now due and owing to this con- vention, or such future government as shall be es- tablished in this state.'
"In truth, they, the late government of New York, have spared neither cost or pains, nor been wanting in using every artful insinuation in their power, (however unwarrantable by the laws of God or man,) to defraud those inhabitants out of the whole of their landed property; and nothing but consciences void of offence towards God and man, to whose impartial judgment we appeal, could have induced those inhabitants to have run the risk, and to have undergone the hardships and fatigues they have borne, for the salvation of their lives, liberties and properties.
"In the several stages of the aforesaid oppres- sion, we have petitioned his Britannic Majesty in the most humble manner for redress, and have, at very great expense, received several reports in our favor; and in other instances wherein we have pe- titioned the late legislative authority of New York, these petitions have been treated with neg- lect. We shall therefore only remind the public that our local situation alone is a sufficient reason for our declaration of an independency, and must therefore announce a separation from the state of New York, and refer the public to our declaration made the 15th day of January last, and published in the 'Connecticut Courant,' and sincerely wish that in future a lasting peace may continue be- tween the state of New York and this, with the other United States of America."
109
OF VERMONT.
This convention changed the name of the State to Vermont for the reason that the convention was informed there was a district of land ly- ing on the Susquehanna River known as New Connecticut, and it would be inconvenient for two separate districts on this Continent to bear the same name.
The delegates of this convention were deter- mined to silence and eradicate all sentiment and action of all persons, within the borders of the new State, who were opposing the new order of things and the establishment of the new State of Vermont, as appears by the following resolves of the Convention : viz.,- -
"RESOLVED, That the keeper of the common goal for the County of Cumberland within this State be and is hereby directed to keep in safe cus- tody all Prisoners already committed by any legal authority within this State until regularly dis- charged by this Convention or their further order had thereon, and that for the future the said keeper be and is hereby directed to observe such orders as he shall receive from either of the Com- mittees of Safety for either of the towns in this State during recess of this Convention.
"RESOLVED, That the Chairman of the Com- mittees of Safety for the Counties of Cumberland and Gloucester immediately on sight hereof and are hereby directed and required to desist acting in such capacity by virtue of any authority de- rived from the Honorable Convention of the State of New York, and that their several associates are directed strictly to observe the same.
110
EARLY HISTORY
"RESOLVED, That the several Committees of Safety acting under the authority of this State be and are hereby directed to take into their immedi- ate custody all such estates of enemical persons who have heretofore or that may hereafter be by sufficient evidence proved to be such, which es- tates are not already in custody by virtue of such authority, and them safely keep for the use of this State during the recess of this Convention except what may be sufficient to defray the necessary charges arising for trial of such offender or offenders.
"RESOLVED, That all Commissioners appointed by the authority of the State of New York for the purpose of seizing the estates of enemical persons for the use of that State, to the prejudice of this, be and hereby are required to desist and surcease such commission or commissions immediately on sight hereof, and they are hereby severally strictly forbid disposing of any such estate so seized within this State except what is sufficient to de- fray the charge of trial, seizing, &c., until further order from this Convention or the orders of the President or Vice President of this State with his Council during the recess of this said Convention.
"RESOLVED, That the Committees of the sev- eral towns in this State be and are hereby empow- ered to seize and secure all and every person and their estates that appear to be enemical to their country and to proceed to trial in manner and form following :
"That the Committee of any town in this State
----
111
OF VERMONT.
shall seize the person and estate of any such sus- pected enemies, and, if on examination they shall find just cause to, proceed against the same they are hereby empowered to call thirteen committee- men from the adjacent towns including the com- mittee of said town which are hereby empowered to try such offender or offenders and give sentence against him or them and order the said judgment to be put in execution-Provided the offender or offenders is not worthy of death or other corporal punishment, in which case the committees are em- powered to imprison the offender or offenders in the common gaol or gaols within this State, there to remain without bail until a proper court shall be established in this State to try him or them."
The authorities proceeded immediately to take charge of the public property, and issued orders to a sergeant and six men to guard the jail, at West- minster, both day and night, and to permit no one to advance within six feet of the gratings or to approach the jail door. This was regarded as the enforcement of the jurisdictional claim of Vermont against New York.
It has been stated, in the first volume, that the Convention held at Windsor in July, 1777, pro- ceeded to form a Constitution for the State, and that, in the main, it was like that of Pennsylva- nia. In fact there were some additions, and the Vermont Constitution was an improvement up- on that of Pennsylvania. The following were the additions incorporated into that instrument : viz., Ist. Slavery prohibited; 2nd, Compensation se- cured for private property taken for public uses; Se-
-- -
-
112
EARLY HISTORY
curity of Protestants against civil disabilities on ac- count of religion ; the right to govern the internal police inherent in the people of the State solely ; no writ against the person or property of a debt- or to issue unless the creditor shall make oath that he is in danger of losing his debt; no person to be transported for trial out of the State for an offense committed within it; form of Freeman's Oath; provisions against the hasty enactments of laws of a public nature, and restriction of pow- ers of the Governor and Council, and General As- sembly to regulate fishing. In 1786 there were several amendments. One was that the legisla- tive, executive and judiciary departments shall be kept separate and distinct, so that neither exercise the power properly belonging to the other. The words "by their legal representatives," were add- ed to a former section, so that it should read, "That the people, by their legal representatives. have the sole, exclusive and inherent right of gov- erning and regulating the internal police of the same." Other amendments have been made to the Constitution from time to time. The preamble to the first Constitution of the State established by the Windsor Convention in 1777, was as follows : viz.,-
"WHEREAS, all government ought to be insti- tuted and supported, for the security and protec- tion of the community, as such, and to enable the individuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and when- ever those great ends of government are not ob-
113
OF VERMONT.
tained, the people have a right, by common con- sent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness.
"And whereas, the inhabitants of this State have, (in consideration of protection only) hereto- fore acknowledged allegiance to the King of Great Britain, and the said King has not only with- drawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them; em- ploying therein, not only the troops of Great Brit- ain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic dominion of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress,) whereby all alleg- iance and fealty to the said King and his success- ors, are dissolved and at an end; and all power and authority derived from him, ceased in the American Colonies.
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.