USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 10
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The above resolution, which was in fact the report of a committee, pro- voked considerable discussion in the house, and much opposition from the rep- resentatives of New York. The report was, however, intended to be as favor- able to the petitioners as the circumstances of the case and the awkward con- dition of the country would warrant : but Captain Allen, the representative of the petitioners, at once saw that should the resolution be accepted, the people of the grants would be, temporarily, at least, subject to the civil and military authority of the province of New York, a position wholly antagonistic to their wishes and express declaration, and one in which they could not under any
SECOND DORSET CONVENTION.
87
conditions place themselves ; therefore, the shrewd Allen rather than accept any such compromission, requested, and was granted permission to withdraw the petition, thus leaving the people in precisely the same situation as before the presentation was made. This withdrawal was made by him in order to pre- vent Congress itself from taking any decisive action in the premises by which, inferring from the tenor of the report of the committee, the people on the grants might be bound, they having sought the action of that power. This took place June 4, 1776. On the 4th day of July following the Continental Congress published to the world the memorable declaration of American Inde- pendence.
The situation in which the inhabitants of the grants found themselves after the Declaration of Independence necessitated the calling of another conven- tion of delegates from the several towns on the west side of the mountains, but desiring delegates from the east also; which convention duly assembled, ac- cording to warrant, at the tavern of Cephas Kent, in the town of Dorset, on July 24, 1776.
That the reader may know what towns were represented, and who the del- egates were, their names are reproduced here as follows :
Pownal captain Samuel Wright.
Simeon Hathaway,
Monkton. Meshobee or Bran-
don
John Mott.
Shaftsbury . . Major Jeremiah Clark,
John Burnam.
Pittsford. Jonathan Rowley, Jonathan Fassett.
Asa Johnson,
Manchester .
Colonel William Marsh,
Rutland.
Joseph Bowker.
Clarenden Thomas Brayton.
Dorset
Lieutenant Martin Powell, Gideon Ormsbee. John Manley, Abraham Underhill.
North Wallingford.
Abraham Jackson.
Ebenezer Allen,
Rupert
Amos Curtis.
Tinmouth.
Stephen Royce.
Pawlet.
Major Roger Rose.
Danby
William Gage.
Wells
Daniel Culver,
Townsend.
Capt. Samuel Fletcher, Josiah Fish.
Poultney
Nehemiah Hour, William Ward.
Middleborough . Captain Heman Allen.
Castleton . ..
Ephraim Buel, Jesse Belknap.
Sudbury John Gage.
Hubbardton Benjamin Hitchcock.
Cornwall. . . James Bentley.
Williston . Colonel Thomas Chittenden.
Burlington Lemuel Bradley.
Jericho. Brown Chamberlain.
Stamford.
Thomas Morgan.
Colchester. . Ira Allen.
Captain Joseph Bowker, of Rutland, was chosen chairman, and Dr. Jonas Fay, of Bennington, as clerk. It seems that Townsend was the only town east of the mountains th ;
1 is convention.
.
Bennington . Jonas Fay, John Burnam, jr.
Hinesburgh and
Isaac Lawrence.
Aaron Parsons,
Sunderland
Joseph Bradley.
Mathew Lyon,
Reuben Harmon,
Captain William Fitch,
Captain Michael Vail,
Ogden Mallory.
Bridport Samuel Benton .
Addison . Colonel John Strong.
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88
HISTORY OF BENNINGTON COUNTY.
The business that first occupied the attention of the convention was tl: reading of the remonstrance and petition that had recently been laid befor the Continental Congress, after which Captain Heman Allen made a report ot his proceedings at Philadelphia.
On the 25th of July, the second day of the convention, the delegates took the first step looking to the establishment of the New Hampshire grants as an independent State by the adoption, with but one dissenting vote, of the fol- lowing resolution : " Resolved, That application be made to the inhabitants of said Grants to form the same into a separate District (or State)," and further " Resolved, To choose a committee to treat with the inhabitants of the New Hampshire Grants on the east side of the range of Green Mountains, relative to their associating with this body." The committee was chosen as follows: Captain Heman Allen, Colonel William Marsh and Dr. Jonas Fay, "to act in conjunction with Captain Samuel Fletcher and Joshua Fish to do the business above."
This being concluded the convention next proceeded to discuss articles of association, which were subsequently agreed to, and signed by the members of the convention, with a single exception-Thomas Braten, of Clarendon, being the "dissentient." By this association the delegates agreed to join in the defense of the liberties of the country, but at the same time resolved that they would not associate with, or submit to the provincial government of New York; and further, the request was made that all inhabitants of the grants, friends to the liberties of the United States of America, should subscribe the association, and that all who should associate with or submit to the New York authority should be regarded as enemies to the common cause.
The convention met again at Dorset, pursuant to adjournment, on the 25th of September, 1776, at which time were present delegates from the towns east of the mountains, as well as an increased representation from the west side. It was here resolved and voted " that suitable application be made to form that district of land, commonly called and known by the name of the New Hamp- shire Grants, into a separate district." To this proposition there was not one dissenting vote.
On Friday, the 27th of September, a covenant or compact was adopted by the convention, the operative and binding clause of which was as follows: " We, the subscribers, inhabitants of that district of lands commonly called and known by the name of the New Hampshire Grants, being legally delegated and authorized to transact the public and political affairs of the aforesaid dis- trict of lands, for ourselves and constituents, do solemnly covenant and engage that, for the time being, we will strictly and religiously adhere to the several resolves of this or a future convention constituted on said district by the free voice of the friends to American liberties, that shall not be repugnant to the resolves of the honorable Continental Congress relative to the general cause
89
PRELIMINARY RESOLUTIONS.
of America." After the transaction of other important business, the conven- tion, on Saturday, the 28th of September, voted to adjourn until the 30th of October, and then meet at Windsor.
The convention appointed to be held at Westminster on the 30th of Octo- ber, 1776, was but poorly attended. It was held at a time when the towns on the western frontier were threatened with invasion by the British. The Amer- ican fleet on Lake Champlain had been taken by the enemy, or else destroyed to prevent the vessels from falling into their hands. Ticonderoga was threat- ened. This accounts for the small attendance by the delegates at this meet- ing, as the presence of the members at home was to each of them, and their families, of greater importance. These things being as stated the convention was adjourned to convene at the same place on the 15th of January, 1777.
At the appointed time the delegates representing the several towns (there being nineteen towns represented, either by delegates or letter voting for new States) met at the Westminster court-house, and proceeded to organize for the important business before them. Joseph Bowker occupied the chair, and Dr. Reuben Jones was chosen clerk pro tem. The committee previously appointed to investigate the feelings of the inhabitants of the towns east of the mountain made their report. "We find by examination that more than three-fourths of the people in Cumberland and Gloucester counties that have acted are for a new State; the rest we view as neuters." This was done on Tuesday, the 16th, the business of the previous day having been confined to organization only, as appears by the record. After the report was read the convention adjourned for an hour; but on reassembling the business was resumed as follows :
" Voted, N. C. D., That the district of land commonly called and known by the name of New Hampshire Grants, be a new and separate State; and for the future conduct of themselves as such.
" Voted, That Nathan Clark, esq., Mr. Ebenezer Hoisington, Captain John Burnham, Mr. Jacob Burton and Colonel Thomas Chittenden be a committee to prepare a drauglit for a declaration, for a new and separate State; and re- port to this convention as soon as may be.
" Voted, That Captain Ira Allen, Colonel Thomas Chandler, Dr. Reuben Jones, Mr. Stephen Tilden and Mr. Nathan Clark, jr., be a committee to draw a plan for further proceedings; and report to this convention as soon as may be.
Friday morning (the 17th), convention opened according to adjournment. The committee appointed to bring in a draft of a declaration, setting forth the right the inhabitants of that district of land commonly called and known by the New Hampshire Grants have, to form themselves into a State or indepen- dent government, do make the following report to the honorable convention convened at Westminster, January 15th, A.D., 1777, viz. :
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HISTORY OF BENNINGTON COUNTY.
" To the honorable convention of representatives from the several towns on t! west and cast side of the range of Green Mountains, within the \; Hampshire Grants, in convention assembled :
" Your committee, to whom was referred the form of a declaration settin. forth the rights of the inhabitants of said New Hampshire Grants have, to for !!! themselves into a separate and independent State or government, beg leave to, report, viz. :
" RIGHT I. That when protection is withheld, no allegiance is due, or can of right be demanded.
" 2. That whenever the lives and properties of a part of a community have been manifestly aimed at by either the legislative or executive authority of such community, necessity requires a separation. Your committee are of the opinion that the foregoing has, for many years past, been the conduct of the monopolizing land traders of the colony of New York; and that they have been not only countenanced, but encouraged by both the legislative and ex- ecutive authorities of the said State or colony. Many overt acts, in evidence of this truth, are so fresh in the minds of the members that it would be need- less to name them.
"And whereas the Congress of the several States did, in said Congress, on the 15th day of May, A. D., 1776, in a similar case, pass the following resolu- tion, viz. : 'Resolved, That it be recommended to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of their affairs hath been hitherto established, to adopt such gov- ernment, as shall, in the opinion of the representatives of the people, best con- duce to the happiness and safety of their constituents in particular, and Amer- ica in general.' Your committee, having duly deliberated on the continued conduct of the authority of New York, before recited, and on the equitable- ness on which the aforesaid resolution of Congress was founded, and consider- ing that a just right exists in this people to adopt measures for their own secu- rity, not only to enable them to secure their rights against the usurpation of Great Britain, but also against that of New York, and the several other gov- ernments claiming jurisdiction in this territory, do offer the following declara- tion, viz. :
"This convention, whose members are duly chosen by the free voice of their constituents in the several towns, on the New Hampshire Grants, in pub- lic meeting assembled, in our own names, and in behalf of our constituents, de 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, aud is hereby declared forever hereafter to be considered as a separate, free and independent jurisdiction or state ; by the name, and forever hereafter to be called, known and distinguished by the name of
NEW CONNECTICUT,
and that the inhabitants that at present are, or that hereafter may become
91
ORIGIN OF THE NAME VERMONT.
residents either by procreation or emigration, within said territory, shall be entitled to the same privileges, immunities and enfranchisements as are al- lowed; and on such condition, and in the same manner, as the present inhab- itants 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 immu- nities 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.
" Voted, N. C. D., to accept the above declaration."
The above declaration is given as the same was adopted by the convention at Westminister in January, 1777, although not as it appeared in the papers in which it was published pursuant to the direction of the convention. The com- mittee appointed to prepare the declaration for the press was comprised of Captain Heman Allen, Colonel Thomas Chandler, and Nathan Clark, esq. It seems that the original declaration of State independence was prepared hastily that it might become a fact, but it was somewhat informal, and it remained for the committee to make such revision as was thought necessary, and then to send it to the press, and thus to the world. The revised declara- tion, however, embodies substantially the statements of the original, except that the causes for a separation from New York State were not set forth in first declaration, and do appear in the revised statement.
Another point relating to the declaration is worthy of brief consideration. With but one or two exceptions, all historians have quoted the latter part of the declaration in these words: " to be forever hereafter called, known and dis- tinguished by the name of New Connecticut, ALIAS VERMONT." The excep- tions referred to were Ira Allen and Governor Hall ; the former was a mem- ber of the convention, representing the town of Colchester, and knew the facts, while the latter argues upon reason so clearly as to satisfy the public mind that the words-alias Vermont-formed no part of the original declaration. " All accounts concur," says Governor Hall's work,1 " that the name of Ver- mont was given to the State by Dr. Thomas Young, of Philadelphia. Ira Allen says in his history that ' the name Vermont was given to the district of the New Hampshire Grants, as an emblematical one, from the French Verd mont, Green Mountain, intended to perpetuate the name of the Green Moun- tain Boys, by Dr. Thomas Young,' etc. In a petition to the Vermont assem- bly in behalf of the widow of Dr. Young, signed by Thomas Chittenden, Ethan Allen, and Joseph Fay, in 1785, they speak highly of Dr. Young's services in establishing the independence of the State, and say that " to him we stand in- debted for the very name of Vermont."
The name, New Connecticut, therefore, was the authorized name of the
' Early History of Vermont, Appendix No. 9.
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92
HISTORY OF BENNINGTON COUNTY.
newly created State from the time the declaration was made and accepted, un! ! the convention at Windsor, held on the 4th day of June, 1777, at which time the name was changed to Vermont, as will appear from the following proceed. ings had at that time.
"STATE OF VERMONT, " In General Convention, Windsor, June 4, 1777.
Whereas, this convention did at their session in Westminster, the 15th day of January last, among other things, declare the said district of land commonly called and known by the name of the New Hampshire Grants, to be " a free and independent State capable of regulating their own internal police in all and every respect whatsoever, and that it should thereafter be known by the name of New Connecticut :
" And whereas, By mere accident, or through mistake, the said declara- tion alone was published in the Connecticut Courant, No. 634, dated March 17th, 1777, without assigning the reasons which impelled the inhabitants to such separation:
" And whereas, This convention have been informed that a district of land lying on the Susquehanna river, has been heretofore, and is now known by the name of New Connecticut, which was unknown to them until some time since the declaration at Westminster; and as it would be inconvenient in many respects for two separate districts on this continent to bear the same name:
" Resolved, Therefore, unanimously, that the said district described in the preamble to the declaration at Westminster, aforesaid, shall now hereafter be called and known by the name of VERMONT."
Mention has already been made of the fact that the convention at Westmin- ster, January, 1777, chose a committee to draw a plan for further proceedings. They reported that proper information be given to the honorable Continental Congress of the reasons why the New Hampshire Grants have been declared a free State, and pray that the State have a representation in Congress ; that a committee of war be appointed on the east side of the mountains to be in con- junction with a similar committee on the west side; that suitable provisions be made to govern the internal policy of the State, etc. This report was accept- ed. The committee chosen to present the action of the convention to Con- gress, and to petition that body that the State have a representation therein, was composed of Jonas Fay, Thomas Chittenden, Heman Allen and Reuben Jones, and the duty assigned to them was performed in due season.
Had there been no opposition to the proceedings of Vermont, and no op- position to the petition of her committee asking to be allowed a representative in Congress, the complete organization of the new State could have been ef- fected with but little trouble ; but there was opposition to every step taken, and of the most determined and obstinate character, and that from the jealous and vindictive government of New York. That the people on the New Hamp-
93
OPPOSITION OF NEW YORK.
shire Grants should presume to declare their district an independent State, or that they should dare ask Congress for a representation in that body, was too much of an insult to the New York authority, and showed too great a spirit of rebellion to be tolerated by her; therefore the indignation of the authori- ties of that State was at boiling point. No sooner had the declaration been made by the Westminster convention than the president of the New York con- vention addressed a letter to the president of Congress, dated January 20, 1777, saying : " I am directed by the Committee of Safety of New York, to inform Congress, that by the acts and influence of certain designing men, a part of this State hath been prevailed on to revolt, and disavow the authority of its Legislature," etc. This was followed by another letter from the same source, dated March Ist, and addressed to President Hancock, informing the latter that the convention (of Vermont) are establishing " a firm and permanent sys- tem of government," etc. But the Congress at that time does not seem to have taken much interest in these local controversies, being too deeply concerned in the progress of the war, which then was raging disastrously to the Ameri- can arms. But the new district seems to have found a faithful advocate and champion of her rights in Dr. Thomas Young, of Philadelphia, who, by his en- couraging letter of April 11th, and other friendly acts, did much to promote the interests of the State, and likewise increased the discomfiture of the au- thorities of New York. The friendly advice offered by Dr. Young was care- fully considered and acted upon by the people of Vermont, while his interces- sions for the new State with the representatives in Congress were constantly helping her cause in that quarter, although he had not succeeded in bringing the majority to his view of the question.
Both New York and Congress were considerably annoyed by the use that Dr. Young and the people of Vermont had made of the resolution of Con- gress, passed May 15, 1776, [see resolution in declaration] and which they had applied to the case in which the people of the grants found themselves; which resolution New York and Congress both believed had been misconstrued and misapplied intentionally by the said people. Therefore, to force Congress to a determination of the issue between the States, one of the New York repre- sentatives laid all the letters and proceedings before that body on the 23d of June, and by a magnified representation of abuses and evils on the part of Ver- mont, brought from the committee of the whole a series of resolutions of which the following formed a part :
"Resolved, That the petition of Jonas Fay, Thomas Chittenden, Heman Allen and Reuben Jones, in the name and behalf of the people, styling them- selves as aforesaid, (inhabitants of the New Hampshire Grants,) praying that 'their declaration, that they would consider themselves as a free and indepen- dent State, may be received ; that the district in the said petition described, may be ranked among the free and independent States ; and that delegates
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HISTORY OF BENNINGTON COUNTY.
therefrom may be admitted to Congress,' be dismissed." This was a substan- tial victory for New York over the people of the new State, but it had no ad. verse influence of more than a temporary nature over the action of the people it was intended to subdue, for the men who were then foremost in the political affairs of the district were too much accustomed to hardships and adversity to be easily brought into subjection by a mere resolution of Congress, however much that resolution may have appeared to operate against them, or against the people whom they at the time represented.
Even while Congress was taking this action the committee appointed for the purpose were engaged in framing a constitution for the State of Vermont, which being in due time prepared, its consideration came before the July con- vention at Windsor in 1777. But "the business being new, and of great con- sequence," says Ira Allen, " required serious deliberation." "The convention had it under consideration " continues the same writer, " when the news of the evacuation of Ticonderoga arrived, which alarmed them very much, as there- by the frontiers of the State were exposed to the inroads of an enemy. The family of the president of the convention, as well as those of many other mem- bers, were exposed to the foe. In this awkward crisis the convention was for leaving Windsor, but a severe thunder storm came on, and gave them time to reflect, while other members, less alarmed at the news, called the attention of whole to finish the constitution, which was then being read paragraph by para- graph for the last time. This was done, and the convention then appointed a Council of Safety to act during the recess, and the convention adjourned."
If we were to take the above report from Ira Allen's history as being an account of all the proceedings had at this convention, the question would as- suredly arise, was the constitution at this meeting adopted ? Upon this query Mr. Allen is silent, and so far as his narrative is concerned no light is thrown upon the matter. William Slade, in a note in his compilation says that "this constitution was never submitted to the people for their approbation," which is unquestionably true. And the same writer makes Ira Allen state "that the credentials of the members of the convention authorized them to form a con- stitution, but were silent as to its ratification ; and that, owing to the unsettled state of public opinion, it was thought hazardous to submit it, directly, to the decision of the people." "It was, however, silently submitted to," says Slade.
But the compiler of the " Governor and Council," in the course of his nar- rative' says, concerning the matter, "The constitution was read for the last time and unanimously adopted." But this same writer also states that of this important convention, " no official record, and no full and satisfactory unoffi- cial account even, has ever been published." The constitution being adopted, the convention then ordered that an election, under the constitution, should be held in December, 1777, when representatives should be elected to a General Assembly, to meet in Bennington in January, 1778. This was done and the convention, on July 8th, adjourned.
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FIRST CONSTITUTION ADOPTED.
That the reader may have a full and complete understanding concerning the question of the first constitution, or the first attempt by the convention to frame and establish one; as well as concerning other important events that led to a revision of the first constitution, we copy, literally, from Governor Hall's work, believing that the majority of readers of this volume have have no ready access to that referred to.
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