USA > Vermont > Early history of Vermont, Vol. II > Part 8
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"And whereas, the territory which now com- prehenids the State of Vermont, did antecedently, of right, belong to the government of New Hamp- shire; and the former Governor thereof, viz. his Excellency Benning Wentworth, Esq., granted many charters of lands and corporations, within this State, to the present inhabitants and others. And whereas, the late Lieutenant Governor Colden, of New York, with others, did, in viola- tion of the tenth command, covet those very lands; and by a false representation made to the
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court of Great Britain, (in the year 1764, that for the convenience of trade and administration of justice, the inhabitants were desirous of being an- nexed to that government,) obtained jurisdiction of those very identical lands, ex-parte; which ever was, and is, disagreeable to the inhabitants. And whereas, the legislature of New-York, ever have, and still continue to disown the good people of this State, in their landed property, which will ap- pear in the complaints hereafter inserted, and in the 36th section of their present constitution, in which is established the grants of land made by that government.
"They have refused to make re-grants of our lands to the original proprietors and occupants,. unless at the exorbitant rate of 2300 dollars fees for each township; and did enhance 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 been by them issued, and the sheriff of the county of Al- bany sent, at the head of six or seven hundred men, to enforce the execution thereof.
"They have passed an act, annexing a penalty thereto, of thirty pounds fine and six months im- prisonment, on any person who should refuse as- sisting the sheriff, after being requested, for the purpose of executing writs of possession.
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"The Governors, Dunmore, Tryon and Colden, have made re-grants of several tracts of land, in- cluded in the premises, to certain favorite land jobbers in the government of New York, in direct violation of his Britannic majesty's express prohi- bition, in the year 1767.
"They have issued proclamations, wherein they have offered large sums of money, for the purpose of apprehending those very persons who have dared boldly, and publicly, to appear in defence of their just rights.
"They did pass twelve acts of outlawry, on the 9th day of March, A. D. 1774, impowering the re- spective judges of their supreme court, to award execution of death against those inhabitants in said district that they should judge to be of- fenders, 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 two different times, and armed them, to drive us out of possession.
"They have sent the savages on our frontier, to distress us.
"They have proceeded to erect the counties of Cumberland and Gloucester, and establish courts of justice there, after they were discountenanced by the authority of Great Britain.
"The free Convention of the State of New York, . at Harlem, in the year 1776, unanimously voted, 'that all quit-rents formerly due to the King of Great Britain, are now due and owing to this
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Convention, or such future government as shall be hereafter established in this State.'
"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 petitioned the late legislative authority of New York, those petitions have been treated with neglect.
"And whereas, the local situation of this State, from New York, at the extream part, is upwards of four hundred and fifty miles from the seat of that government, which renders it extremely diffi- cult to continue under the jurisdiction of said State.
"Therefore, it is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be, henceforth, a free and indepen- dent State; and that a just, permanent and proper form of government, should exist in it, de- rived from, and founded on, the authority of the people only, agreeable to the direction of the lion- orable American Congress.
"We the representatives of the freemen of Ver- mont, in General Convention met, for the express purpose of forming such a government,-confess- ing the goodness of the Great Governor of the Un- iverse, (who alone, knows to what degree of earthly happiness, mankind may attain, by per- fecting the arts of government,) in permitting the people of this State, by common consent, and without violence, deliberately to form for them-
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selves, such just rules as they shall think best, for governing their future society; and being fully convinced that it is our indispensible duty, to es- tablish such original principles of government, as will best promote the general happiness of the people of this State, and their posterity, and pro- vide for future improvements, without partiality for, or prejudice against, any particular class, sect, or denomination of men whatever,-do, by virtue of authority vested in us, by our constituents. or- dain, declare, and establish, the following declara- tion of rights, and frame of government, to be the CONSTITUTION of this COMMONWEALTH, and to re- main in force therein, forever, unaltered, except in such articles, as shall, hereafter, on experience, be found to require improvement, and which shall, by the same authority of the people, fairly dele- gated, as this frame of government directs, be amended or improved, for the more effectual ob- taining and securing the great end and design of all government, herein before mentioned."
The first section of the declaration of rights fol- lowing the preamble was as follows :
"That all men are born equally free and inde- pendent, and have certain natural, inherent and unalienable rights, amongst which are the enjoy- ing and defending life and liberty; acquiring, pos- sessing and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought. from over sea, ought to be holden by law, to serve any person, as a servant, slave or apprentice, af- ter he arrives at the age of twenty-one years, nor
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female, in like manner, after she arrives at the age of eighteen years, unless they are bound by their own consent, after they arrive at such age, or bound by law, for the payment of debts, damages, fines, costs or the like." This was the first eman- cipation act in America.
During the work of the convention at Windsor in 1777, in framing the Constitution, the Council of Safety saw the imperative need of more troops to protect the people on the west side of the Green Mountains from the great danger that threatened them. Many of them who had supported the title of the New Hampshire Grants against the unjust claims of New York had been compelled to re- move. If they continued to abandon that part of the State it would expose the settlers on the east side of the Green Mountains to the invasion of war both from the savages and the British. The Council of Safety had no money or revenue at command to raise and pay men for the defence of the frontier. Ira Allen asked that a regiment be raised; Nathan Clark, not convinced of the prac- ticability of raising a regiment, moved in Council, "that Ira Allen, the youngest member of the Council, who insisted on raising a full regiment, while the majority of the Council were for raising only two companies of sixty men each, might be requested to discover ways and means to raise and support a regiment, and make his report at sun rising on the morrow." The next morning the Council met and Allen reported the ways and means to raise and support a regiment: viz. "that the Council should appoint Commissioners of se- questration, with the authority to seize the goods
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and chattels of all persons who had or should join the common enemy; and that all property so seized should be sold at public vendue, and the proceeds paid to the treasurer of the Council of Safety, for the purpose of paying the bounties and wages of a regiment, forthwith to be raised for the defence of the State." The Council adopted the measure. This was the first instance in America of seizing and selling the property of the enemies of American independence. Like measures were afterwards pursued in all the States, but not till November 27th, 1777, four months after the Ver- mont Council of Safety had adopted Allen's pro- ject, did Congress recommend the same course to all the States. When this regiment was raised General Schuyler, a citizen of the State of New York, and commander in chief of the northern army, sent orders to Colonel Herrick, the com- mander of the regiment, to repair forthwith to Saratoga, but the Council of Safety gave special directions to Colonel Herrick to remain with his regiment within the State of Vermont, and not to put himself under the command of General Schuy- ler. The Council of Safety, undoubtedly, felt jus- tified in giving the order as the State had been de- clared independent and it had not been received into the Confederation.
The commissioners of confiscation were given, by the Council of Safety, a commission as follows : viz.
IN COUNCIL OF SAFETY, STATE OF VERMONT,
Bennington, 28 July, 1777.
"TO- : You are hereby required (agree-
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able to a previous resolve of this Council) to seize all lands, tenements, goods and chattels, of any person or persons in this State, whom you know or may hereafter learn, to have repaired to the en- emy, and a true inventory thereof to take, and re- turn to this Council, except articles as are wanted for the use of the army; which are wanted at Manchester or elsewhere, where there is a con- tractor to receive and pay for them. You will ap- point three persons noted for good judgement, who are, after being duly sworn, to apprize the same; and all other movable effects you are to sell at public vendue, except such necessaries as hu manity requires for the support of such families. And after paying necessary charges you are to re- . mit the remainder of the money to this Council, You will take the natural and artificial marks of every creature you shall receive, or take, and their age, from whom they came, for what sold, and to whom sold. You are to lease out all such lands and tenements at a reasonable price, not exceed ing two years, giving the preference to such per- sons as have been driven from their farms by this war. You are further authorized to arrest any person, or persons, you shall have sufficient grounds to believe are enemies to the liberties of this and the United States of America, and all such persons as you shall arrest you will seize all their movable effects (where there is danger of their being embezzled) and keep in safe custody until after trial. If they are acquitted, to give unto such person or persons such seizure; but if found guilty, to make return to this council. You
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are to call to your assistance such person or per- sons as you shall find necessary, keeping regular accounts of all your procedures.
By order of Council,
IRA ALLEN, Secy."
A Lieutenant of one of the companies of the sec- ond regiment of militia of the State of which Sam- uel Herrick was Colonel, was Nathaniel Filmore, the grandfather of President Filmore.
The first Board of Councilors under the Con- stitution was organized March 12, 1778, and con- sisted of Ira Allen of Colchester, Jacob Bayley of Newbury, Joseph Bowker of Rutland, Timothy Brownson of Sunderland, Benjamin Carpenter of Guilford, Jeremiah Clark of Shaftsbury, Benjamin Emmons of Woodstock, Jonas Fay of Bennington, Thomas Murdock of Norwich, Paul Spooner of Hartland, Moses Robinson of Bennington, Thomas Chandler Jr. of Chester, secretary, and Matthew Lyon of Arlington, deputy secretary. For a while the Governor and Council were the Board of War, and after the Board of War was formed it was constituted largely of Councilors.
The duties of the Council were various. It seems that one Thomas Brayton had been neg- lecting his family, as the Council on April 9, 1778, while in session at Arlington, issued to Sylvanus Brown the following order: viz., "Sir,-Mr. Thomas Brayton informs this Council that you have a side-saddle in your custody which is his property. He says that he has procured sufficient bonds to the Committee for the maintenance of his family by which he is entitled to such of his
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moveables as have not been taken and disposed of by the authority of this State previous to his pro- curing such bonds. Therefore, you are required to deliver the saddle to Mr. Brayton on sight hereof, unless you have sufficient evidence that any part of his goods are reserved by the Committee of Safety for the town of Clarendon." The Gor- ernor and Council were watchful and ever on the guard against the enemies of the State and of the United States, as will be seen by the following order issued to Captain Ebenezer Wallace by Thomas Chittenden on April 10, 1778, viz.
"SIR,-You are hereby required to Call to your assistance two sufficient able bodied effective men, and such as you can repose the Greatest Trust & Confidence in, & with them immediately to pro- ceed to the Green Mountain East of this place & from thence you are to proceed to the North, & to Search the Woods Critically & diligently, & in case you or Either of your party shall make dis- covery of any person or persons who have volun- tarily heretofore gone over to the Enemy, & are now within this State as Spies, or otherwise, that you secure any such person or persons, & him or them bring forthwith before this Board to be fur- ther Dealt with according to Law. And you are hereby authorized and empowered to call to your assistance such of the militia of this State as you may from time to Time find Necessary to Carry this Measure into effectual Execution, & if at any Time you should find Necessary you are to Immediately post away the Intelligence of your Situation and the discoveries you have made to the Gov. of this
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State; & you are hereby further directed & em- powered to Administer an oath of secrecy to the persons whom you shall Take to your assistance ; and you are likewise to secure any other person or persons whom you may judge to be Enemies to this or the United States of America."
One order was to Captain Samuel Robinson, which order was, "Sir,-You are hereby directed to give William Irish a pass to carry his family down the Country to Spenser Town, and then to return to you again as quick as possible, and set the time when he is to return."
The Council were vigilant in looking after the interest of the people who were living on the fron- tier exposed to the ravages of the enemy as ap- pears from the following advice and warning given April 22, 1778, to the inhabitants north of Pittsford on Otter Creek, viz.
"We have received a petition from the Inhabi- tants of the Towns on Otter Creek North of Pitts- ford dated April 13, 1778; and having Considered the Petition & their present Circumstances do ad- vise said Inhabitants that as Soon as they can Come within our Lines, they improve the oppor- tunity. It does not at present appear to this Council, that we can Guard further North than Pittsford & Castleton. Therefore you will Con- duct your selves accordingly. We shall give orders to the officer now Commanding our party to the North, & shall Continue such orders to any officer Commanding by Commission under this State, to Give all possible assistance to you in moving until you have had an opportunity to
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come in, which if you do not improve you may expect to be treated as enemies.
By order of Gov. & Council. M. LYON, D. sec'y.
"TO THE INHABITANTS TO THE NORTH OF PITTS- FORD ON OTTER CREEK.
"Another letter of the Same Substance & date sent to the Inhabitants of l'anton, Addison and Bridport.
Attest MI. LYON, D. Sec'y. "STATE OF VERMONT. IN COUNCIL,
Arlington, April 22d, 1778.
DEAR SIR,-In consequence of intelligence re- ceived at several different times from the North- ward, I have ordered the Militia (who are now on their March) to your assistance. I have sent the Medicine & Dressings for the use of the Corps under your Command, Bandages are not to be had, you will therefore (if Necessity requires) take such as can be Spared by the Inhabitants taking a particular account of the Quantity & Its Value that it may be paid for. I send you also one hun- dred of Catridges, I hope will be sufficient for your purpose until you will be further Supplied from hence, which is now on the way. I have not the Least Doubt of your Military skill, & the Con- duct & spirit of the officers & soldiers under your Command, & that with your exertions, in Con- junction with those sent to your assistance, you will be able (with the blessing of God) to protect the Inhabitants against the fury and Rage of Sav-
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ages & Diabolical Tories until Seasonably Re- lieved. I heartily wish you Success.
And am Dr Sir your very Humble Servant. THOMAS CHITTENDEN. CAPT. EBENR ALLEN."
In 1778, the State appears to have been divided into six probate districts with a judge assigned to cach; viz. Bennington district, Captain John Fas- sette, judge; Manchester district, Martin Powell Esq., judge; Rutland district, Joseph Bowker Esq., judge; Newbury district, General Jacob Bay- ley, judge; Hartford district, Paul Spooner Esq., judge; and one other district that is supposed to be Cumberland, now Windham, Major Jno. Shep- hardson, judge.
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CHAPTER VII.
INTERNAL AFFAIRS OF VERMONT AND THE CONTROVERSY WITH NEW YORK. CONTINUED.
Similar instances like those we have given in this and the previous volume of the character of the legislation of the General Assembly and of the orders and actions of the Governor and Council might be greatly extended, but our purpose is sim- ply to give a sufficient number to show the true state of society, the nature of the government and how it was administered, that it might leave on the mind of the reader a correct impression of the then existing state of affairs.
On February 20, 1779, a petition of Timothy and Eli Evarts was before the Council, asking that one hundred and fifty acres of land be granted their father, Silvanus Evarts of Castle- ton, in discharge of a debt from the State to him. It was voted to choose a committee of one to join a committee from the House to take into consid- eration the petition. The father was proscribed by act of the Assembly six days after this vote, and this payment or grant was a remarkable instance of generosity-a case where the sins of the father were not visited upon the children.
It was resolved in the Assembly in February 1779, that the Councillors and Representatives
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have six dollars per day during the session to be counted from the time of their leaving their re- spective homes until they could conveniently re- turn to the same, and one shilling per mile for horse. And at the same session it resolved to al- low John McNiel one hundred and thirty dollars to purchase one cow for the use of his family. At this time one Spanish milled dollar was worth but five dollars and a half of lawful money in Ver- mont. These payments, therefore were not large.
In the grants of townships by Governor Went- worth, while New Hampshire was a Colony of Great Britain, there was reserved all white and other pine trees fit for masting the Royal Navy, and none of such timber was to be cut or felled without a special license, upon the penalty of for- feiture of the right of the grantee. After Vermont became a State it kept up the same policy, and hence the Council resolved that in each charter of incorporation for any grant of lands, made out and executed by the Council, a reservation be made therein of all pine timber suitable for masts or spars for shipping, to the use of the freemen of this State forever. The timber was to be marked by a surveyor agreeable to the directions of the General Assembly, so at that early day the State was looking out for the welfare of the shipping in- terests. In the grants of land in the town of Ben- son, under the authority of the State and Council, they were looking out for the permanent settle- ment of the town and the immediate cultivation of its lands. The Council resolved November 10, 1779, that "every grantee of said Benson, his
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heirs or assigns, shall plant and cultivate ten acres of land, and build a house at least eighteen feet square on the floor, or have one family settled on each respective right or share of land within the term of two years next after the conclusion of the present war between Great Britain and America, or within two years after the Province of Quebec shall be reunited with the free and independent States of America, on a penalty of the forfeiture of his grant." Grants to proprietors of other towns were upon similar conditions.
The Council did not regard the action of New York authorities in granting lands in Vermont as of any validity, for on October 24, 1780, the Council resolved, unanimously, that the several locations made by virtue of the authority of New York, since the King's prohibition, be and is here- by considered not a sufficient bar against grant- ing the same to respectable and worthy petition- ers.
Colonel Udney Hay of the Continental army made application in November, 1780, to the Gen- eral Assembly for leave to procure beef for the army in the NEW HAMPSHIRE GRANTS, not recog- nizing Vermont as a State in his application. The committee appointed to investigate the matter re- ported, as their opinion, "the Legislature of this State ought not to undertake to supply Colonel Hay with the beef required." The Legislature was guarding the independent position of the State in not recognizing officially the officer of a gor- ernment which would not recognize Vermont. Colonel Hay was not prevented from buying beef
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here, if he could find anybody who would sell it to him.
The numerous grants of townships in 1780, and after, by the State, played an important part in increasing the necessary funds to defray the State expenses and to maintain an army for the defence of their rights. The reader will remember that Congress on June 2, 1780, had declared the acts of Vermont in asserting her independence and in con- tinuing its grants of land in violation of the reso- lutions of Congress of the fall of 1779, were highly unwarrantable and subversive of the peace and welfare of the United States, and required the peo- ple of the State to forbear and abstain from all acts of authority, civil or military, over the resi- dents of Vermont, who preferred the jurisdiction of another State. This demand of Congress was regarded by the Governor and Council in the na- ture of a declaration of war, and the Governor protested against this action, and notified the President of Congress that Vermont would con- tinue her appeal to heaven and to arms. In that critical condition the General Assembly of October, 1780, determined to put Vermont on a war foot- ing, and gave the Board of War full power to raise an army, or call out the militia, and by numerous land grants furnished the "sinews of war." The disposable and ungranted land of the State and the improved land of Tories, were the sources of the revenue of the State, which relieved Vermont from heavy taxes. All the other States were groaning under the burden of taxation. This con- dition of things in Vermont led Ira Allen to say,
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It was thought good policy not to lay any taxes on the people, but to raise a sufficient revenue out of the property confiscated and the ungranted lands. Hence it was found that those who joined the British were benefactors of the State, as they left their property to support a government they were striving to destroy. It is further to be ob- served, that not only the taxes and war expenses were paid by the sale of the enemies' property, but new and firm friends were added to the govern- ment. While the other States in New England were severely taxed to carry on the war, Vermont had no taxes to pay. These circumstances greatly promoted migrations into Vermont.
This policy was systematically pursued. A printed form of petition to the General Assembly for a land grant, was prepared and widely circu- lated through New England, the middle States and in the Continental army. Land companies were formed in New Hampshire, Massachusetts, Con- necticut and Rhode Island and by officers in the Continental army; and members of Congress were not excluded. This state of things caused General Washington in 1783, to write, "Two things I am sure of, namely : that they (the mem- bers) have a powerful interest in the New England States, and pursued very politic measures to strengthen and increase it, long before I had any knowledge of the matter, and before the tendency of it was seen into or suspected, by granting upon very advantageous terms large tracts of land; in which I am sorry to find, the army in some degree have participated." Large sums were raised
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