USA > Vermont > Grand Isle County > History of Franklin and Grand Isle counties, Vermont : With illustrations and biographical sketches of some of the prominent men and pioneers. > Part 7
USA > Vermont > Franklin County > History of Franklin and Grand Isle counties, Vermont : With illustrations and biographical sketches of some of the prominent men and pioneers. > Part 7
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Among other things, the convention appointed that the first election of state officers should be held in December, 1777, but the invasion of Burgoyne produced such a state of excitement that this event did not take place. The Council of Safety summoned the delegates together at Windsor on the 24th of December, at which time the constitution was revised, and the day of election fixed for the first Tuesday of March, 1778, and the setting of the first General Assembly on the second Thursday of the same month.
This singular and unprecedented action on the part of the leading spirits of Vermont was viewed by New York with the greatest anxiety and concern, and caused the authorities of the latter to redouble their protests and complaints to Congress; and not only that, but the worthy governor of New York issued a proclamation and circulated it through - out the infant state, demanding that the inhabitants renounce allegiance to the unlawful jurisdiction or government, and return to the authority of the rejected province. But, strong and forcible as this was, it was met by a proclamation of equal strength of argument, issuing from the fertile brain of Ethan Allen. The latter fully answered every argument of the former, and as its result but very few persons deserted from the new standard.
In accordance with the direction of the Windsor convention, the first election of officers under the constitution was held in March, 1778, and on the 12th of the same month the General Assembly convened at Windsor. After the house was organized, the body proceeded to count the votes given for governor, and it was found that Colonel Thomas Chittenden was elected, "by a great majority of votes." The votes for
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deputy governor being called for, there was found to be no majority for any candidate, whereupon the Assembly proceeded to ballot, with the result that Colonel Joseph Marsh was chosen. Also, no choice being made, by the suffrages of the people, for treasurer, the Assembly elected Ira Allen to that office. The councilors, elected by the freemen, were these: Joseph Bowker, Jacob Bayley, Jonas Fay, Timothy Brownson, Peter Olcutt, Paul Spooner, Benjamin Carpenter, Jeremiah Clark, Ira Allen, Thomas Moredock, John Throop, Benjamin Emmons. The of- ficers chosen by the Assembly were as follows: Secretary of State, Ma- jor Thomas Chandler; speaker of the House, Nathan Clark; clerk of the Assembly, Benjamin Baldwin.
Among the numerous matters of importance that came before this first General Assembly of Vermont was a bill presented to the House by the Governor and Council, by which the territory of the State was divided into two counties, one on the west side of the mountains called Bennington county, and the other on the west side called Unity, The latter, however, was soon afterward changed to Cumberland county. This first division of the district into counties, under Vermont authority, was made and the names given on the 17th of March, 1778, but the lines were not definitely described for either until the February session of 1778. Bennington county being that portion of the state west of the Green Mountains, of course included what is now Franklin and Grand Isle counties, although the latter were not brought into exist- ence until a number of years afterward, the former in 1792, and the last named in 1802.
Another subject of much importance that was presented for the con- sideration of the authorities of the newly created State was a petition from the residents of certain towns east of the Connecticut River, who desired that Vermont's jurisdiction should be extended so as to include their territory. This petition was presented on the 10th of March, 1778, and caused much embarrassment to the local assembly ; so much, indeed, that the question was submitted to the vote of the towns for de- termination. The result was that thirty-seven towns voted in the af- firmative, and twelve in the negative. Therefore, on the 11th day of June, 1778, sixteen towns theretofore conceded to be within the prov- ince of New Hampshire were brought within the jurisdiction of Ver-
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mont- an independent state, opposed to the authority of New York, and not recognized by the general government. But this union with New Hampshire towns was not destined to be of long continuance. The governor of that state created much disturbance by his protests against Vermont's action, and a rupture between the commonwealths became at once imminent. Concerning the matter much correspondence passed between the respective governors, and, in the meantime, Ethan Allen was sent to Philadelphia to ascertain the sentiment of Congress regard- ing the matter. Congress, according to Allen's report, appeared to view the annexation as revolutionary and unjust, so Vermont received no comfort from that quarter. Then, too, some of the towns east of the mountains and in this state were much opposed to the annexation from the beginning, and, when further questions became involved, threatened to, and did, in fact, withdraw from and renounce allegiance to Vermont. They held meetings, assembled general conventions, and themselves looked about for annexation with some adjoining state. Thus, so marked became the opposition to this measure on the part of Vermont, that her very institutions were threatened with destruction ; therefore the Assembly, on the 12th of February, 1779, adopted a measure by which the union with the New Hampshire towns was declared totally void, null and extinct.
The dissolution of the eastern union had the effect of quieting in a measure the ill feeling created by it, but in certain quarters, particularly in Cumberland county, there was a strong element of opposition to Ver- mont authority, and an equally strong desire that New York should be the governing province. Under the latter authority a military associa- tion was formed in Cumberland county for the purpose of resisting the Vermont authority. The commander of the association was Colonel Pat- terson, who held a commission from the governor of New York. Such an organization in the state, having for its purpose an end directly antag- onistic to Vermont's interests, could not be tolerated. Therefore Gov- ernor Chittenden directed Ethan Allen to raise a troop and proceed to the disaffected locality and bring them into subjection. This Allen un- dertook to do, and accomplished his mission most successfully, and in his own effective manner, though his own force was inferior in numerical strength to that he was sent to oppose. The Cumberland county peo-
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ple then appealed to New York for protection, whereupon the governor at once issued a proclamation in which the protection sought was prom- ised ; but it never came except in the way of assurances and promises. At the same time the worthy but troubled governor of New York be- took himself again to Congress, to which body he represented the truly unhappy condition of his faithful subjects on the district of the grants ; hat they were not only wronged and oppressed by the rebellious ad- herents to the independent government, but that an armed force, under a desperate leader, had actually perpetrated various acts of violence against the persons and property of loyal subjects of New York ; " that he daily expected he should be obliged to order out a force for the defense of those who adhered to New York; that the wisdom of Congress would suggest to them what would be the consequences of submitting the controversy, especially at that juncture, to the decision of the sword ; but that justice, the faith of government, and the peace and safety of society, would not permit them to continue any longer passive specta- tors of the violence committed on their fellow citizens." And the na- tional body seems to have been moved to action in the matter pertain- ing to the troubles existing in this region, as, on the Ist of June, 1779, a committee, Ellsworth, Edwards, Witherspoon, Atlee and Root, was appointed " to repair to the inhabitants of a certain district known by the name of the New Hampshire grants, and enquire into the reasons why they refuse to continue citizens of the respective states which here- tofore exercised jurisdiction over the said district," etc. It was while the proceedings were pending that resulted in the above Congressional action that Allen marched against the Cumberland county militia and made prisoners of its officers ; and this being duly reported to Congress by New York, brought forth from that body a further resolution, dated June 16th, 1779, by which it was declared that the imprisoned officers ought to be liberated ; and further directed the committee to inquire into the matters represented by the governor of New York.
But this Congressional committee, like some of later periods, did nothing in the matter of the object of their appointment. Of their num- ber only two, Witherspoon and Atlee, visited the district, and these only held informal conferences with the people at Bennington. They did, however, learn something of the Vermont side of the controversy, but,
11
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HISTORY OF FRANKLIN AND GRAND ISLE COUNTIES.
not constituting a quorum, made neither report nor recommendation to Congress ; they were therefore discharged by that body. On the 24th of September of the same year Congress again took cognizance of the dispute, and recommended to the states of Massachusetts Bay, New Hampshire and New York, that they pass laws "expressly authorizing Congress to hear and determine all differences between them relative to their respective boundaries," etc., and promising and resolving that Congress "will, and hereby do, pledge their faith to carry into execu- tion and support their decisions and determinations in the premises in favor of whichsoever of the parties the same may be; to the end that permanent concord and harmony may be established between them, and all cause of uneasiness removed." Thus it will be seen that Con- gress did not appear to recognize the existence of such a thing as the government of Vermont, and never even mentioned the name of it in connection with the controversy, but treated the entire matter as a dis- pute between the states regarding their boundary lines. But the reso- lution quoted above was soon afterward repealed and rescinded by ac- tion taken October 2d, and in its stead Congress passed a modified resolution recommending the three states to authorize Congress "to proceed to hear and determine all disputes subsisting between the grantees of the several states aforesaid ;" " to be heard and determined by 'commissioners or judges ' to be appointed," etc.
A copy of the resolutions of Congress was at once sent to Governor Chittenden, and he then laid the matter before the Council and Assem- bly. At the same time he opened correspondence with the governor of Massachusetts relative to the claim that state had made to a part of Vermont's territory. The faith of this claim is questioned, it having been believed that it was interposed more for the purpose of eventually aiding Vermont in her dilemma than otherwise. But Governor Chit- tenden at that time treated the question seriously. That the interests of the state of Vermont might be fully represented before Congress, the legislative bodies selected a committee to appear at the proper oc- casion at Philadelphia. This committee comprised General Allen, Hon. Joseph Fay, Paul Spooner, Stephen Row Bradley and Moses Robinson. During the pendency of the hearing, the same being set for February Ist, 1780, there was published and circulated throughout the land, un-
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der the authority of this state, that splendid presentation and argument concerning Vermont's rights and claims, entitled and known in history as " Vermont's Appeal to the Candid and Impartial World ;" the produc- tion of Hon. Stephen Row Bradley, an able lawyer, one of the first in Vermont, and one of the foremost men of his time.
Contrary to all expectations, Congress did not take the promised ac- tion on the Ist of February, nor was it until the 21st of March following that the subject was presented at all, and then only to be postponed, as nine states, exclusive of those which were parties to the controversy, were not represented. On the 2d of June, 1780, the subject was again taken up, and the action of the independent state was declared to be " highly unwarrantable, and subversive of the peace and welfare of the United States." At the same time Congress resolved " as soon as nine states, exclusive of those who are parties to the controversy, shall be represented, proceed to hear and examine into, and finally determine the disputes and differences," etc. This ended the matter for the time, but during the month of September the subject was resumed in due form. Then Ira Allen and Stephen Row Bradley represented the inde- pendent state, while Luke Knowlton appeared for Cumberland county, under New York authority. Other agents, representing other interests and claims, were likewise present. But it plainly appeared to Messrs. Allen and Bradley that Congress would not recognize the independent jurisdiction they represented, although the agents themselves were ad- mitted before the body ; whereupn they withdrew, sent a letter of in- dignant protest to the president of Congress, and then returned to their homes. However, after all the delay on the part of Congress the only action taken was that on September 27th, 1780, by which it was resolved " that the farther consideration of the subject be postponed."
In relation to the situation in which the people of this state were placed by the action of Congress, Slade says : " Vermont did not cheer- fully yield to the policy that had produced an indefinite postponement of a decision on this question ; for, although it evinced that her claims to independence had made some impression on the mind of Congress, yet it forbid the hope of an immediate recognition of that independence and her admission to the Union. Irritated by the pertinacious adher- ence of New York and New Hampshire to their claims, and wounded
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by the humiliating treatment of her agents at Congress, she resolved on a different policy-a policy which should present Vermont in an impos- ing attitude, and convince the claiming States that it would be wise to yield to power what had so long been denied to the claims of justice. Notwithstanding the rebuffs and affronts and discouragements experi- enced by the state, there were inhabitants of other jurisdictions who were in full sympathy with her cause, and who were willing to assist in bearing the burdens put upon her. And notwithstanding the unhappy results of the former union with the towns east of the Connecticut River, there were others in the same locality that were now willing and anxious to become united with the Vermont jurisdiction. After several meet- ings and conventions had been held by the people of these towns an ap- plication was made on the 10th of February, 1781, to the Vermont Legislature praying for admission into a union with the state. The ap- plication was duly received and considered. with the final result that on the 5th of April, 1781, the union was perfected, and on that day repre- sentatives from thirty-five towns east of the Connecticut River took their seats in the General Assembly of Vermont, and the territory over which the jurisdiction was extended became, in fact, a part of the state. The question as to whether this union should be made was referred to the vote of Vermont towns for determination, and the result was thirty- six in the affirmative, seven in the negative, and six not voting.
While were transpiring these events relative to the extension of her civil jurisdiction the authorities of the state of Vermont were at the same time conducting her internal affairs of government with the same earnest determination that characterized their course in other directions. Dur- ing the entire period of the controversy both with adjoining states and with reference to obtaining admission to the Union, the population of the several towns was constantly and rapidly increasing, and the time at length came when it was necessary that the territory of the state proper should again be divided in order that the affairs of the common- wealth might be more conveniently administered. On the west side of the mountains the growth in settlement and population had been remark- able, insomuch as to necessitate the erection of another county out of the territory of old Bennington. Accordingly on the 8th of November, 1780, the Council and Assembly passed an act establishing Washington
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county, which included all that part of the State lying north of the south lines of Pawlet, Danby and Mount Tabor, and consequently in- cluded all that comprises the present counties of Franklin and Grand Isle. The act was passed as above stated, but not put upon the records. On the 13th of February, 1781, a new bill was passed, and recorded, by which the same district of territory was erected into a county and named Rutland. At the same time, February, 1781, the old county of Cum- berland was divided, and out of its territory three new counties were formed,-Windham, Windsor and Orange. From that time forth, the old county of Cumberland, in name and in fact, has been unknown to Vermont, except in history. On the west side of the mountains no fur- ther county erections were made until October 18, 1785, when Addison was formed, which latter included all the territory of both Franklin and Grand Isle.
But it appears that not only the inhabitants of the New Hampshire towns sought a union with the state of Vermont, for, while the prelimi- nary proceedings were in progress that terminated in the second east- ern union, a similar desire became manifest on the part of several towns belonging to the New York jurisdiction, through a petition duly signed and presented to the local legislature. After the customary conferen- ces, held in order to learn the true sense of the petitioner's desires, the union agreed to it and became of effect on the 16th day of June, 1781. The territory acquired by this proceeding comprised several towns form- erly a part of New York state, which were annexed to the county of Bennington of this state, and given corporate franchises from Vermont or brought into union with already existing towns in this jurisdiction.
During the early part of the year 1780 there was inaugurated a de- cidedly singular proceeding in which the independent State of Vermont had an important part, and the result of which was a virtual suspension of hostilities between the British arms and the authorities and people of this state. By the conduct of this proceeding the British officers hoped to induce Vermont to return to her allegiance with the mother country, and take up arms against the American states; and in this hope and desire, the agents of the crown did not fail to enlarge upon the hope- lessness of Vermont's attempt at being an independent state, and so recognized by Congress. But on the part of Vermont's leaders, for
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knowledge of these negotiations was confined to very few men, this cor- respondence was carried along through a period of more than two years, for the sole and only purpose of protecting the frontier, and the entire state as well, against a British invasion, and the consequent over- throw of the infant institutions of the commonwealth ; for at that par- ticular time the people were in a greatly distressed and embarrassed sit- uation on account of troubles then existing, and they could not well muster either men or means sufficient for defensive warfare. Also the jurisdiction was deserted by her sister states, on account of troubles she had caused them, and Congress had persistenly refused to recognize the existence of her separate statehood; therefore how little could Ver- mont hope that either Congress or the other states would rally in de- fense of her people should an invasion take place. In the Canadas the British had a well equipped force of 10,000 men, ready for any service, and the whole Vermont frontier was exposed and unprotected. But good fortune, and still better diplomacy, pointed out to Vermont's lead- ers a way out of their affliction, and they failed not to profit by it. Those to whom the matter was entrusted not only countenanced the negotiations, but invited them ; and not only that, but managed to con- tinue the proceedings through a period of years, until the war was vir- tually at an end, and the independence of America was assured. These proceedings have always been known in history as the "Negotiations with Canada," and the Haldimand Correspondence; the latter from the fact that the British general in command was named Haldimand, and it was he who hoped to erect the flag of Great Britain on Vermont soil, and rally the people there to its support.
But, during the same period, Vermont was not idle with reference to obtaining recognition from Congress. No sooner were the eastern and western unions completed than the state sent other agents to represent her interests and cause before the national body, and when, on the 7th of August, 1781, Congress again moved in the matter, these agents were found present and prepared. On this occasion was taken the first ac- tion by Congress that had the slightest semblance of recognition of such a district as Vermont, for resolutions then adopted so mentioned it by name, and provided for a committee to confer with persons to be ap- pointed by the district, respecting their claims to an independent state ;
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and ten days later, Congress instructed the committee to confer with the " agents of Vermont," which agents were Jonas Fay, Ira Allen and Bezaleel Woodward. The conference took place on the 18th, and on the 20th the committee reported to Congress; whereupon that body re- solved that "it be an indispensable preliminary to the recognition of the independence of the people " (meaning Vermont), that the eastern and western union be dissolved. The resolution also defined what should be the west boundary of Vermont, which, inasmuch as it referred to the lands in the region of Franklin and Grand Isle counties, is given at length, as follows: Beginning at the northeast corner of the state of Massachusetts, thence running twenty miles east of Hudson River, so far as the said river runs northeasterly in its general course; then by the west bounds of the townships granted by the late government of New Hampshire, to the river running from South Bay to Lake Cham- plain; thence along said river to Lake Champlain; thence along the waters of Lake Champlain to the latitude of forty-five degrees north ; excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain." This exception brought Grand Isle county within Ver- mont.
The governing authorities of Vermont, however, did not accept the terms laid down by Congress, nor did they then consent to dissolve the eastern and western unions; on the contrary they reaffirmed those alli- ances, and denied the right of Congress to interfere concerning disputes between states; that when Congress should recognize and admit Ver- mont as a state of the union, that local controversies could be settled by competent means and not otherwise. This somewhat arbitrary and possibly unreasonable action on the part of Vermont gained no favor for her cause with Congress, and only provoked the New York Senate and Assembly to still further oppose the creation of a state out of Ver- mont territory ; whereas, had the towns composed by Congress been accepted by Vermont, New York would not have resisted further, how- ever reluctantly she may have consented to it.
The extremity in which the people of Vermont now found themselves placed was the occasion of much concern to even her acknowledged leaders ; and, as affairs were rapidly approaching an alarming crisis, Governor Chittenden addressed a letter to General Washington, con-
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cerning the situation and asking his advice. On the Ist of January, 1782, General Washington replied by letter, in which he counselled that Vermont comply with demands of Congress, which being done that body, in his opinion, would recognize Vermont's claims to independ- ence. To use a trite saying, this reply from so distinguished a person " set the people a thinking"; and its result was that on the 23d of Feb- ruary, 1782, the eastern and western unions were dissolved by the acts of the Vermont Legislature. But, by this action on the part of Ver- mont, the desired end was by no means readily attained. Congress, on the 17th of April, following, again had the matter under consideration, through its committee duly constituted, but no decision was reached. The committee reported as favorable to recognize Vermont as a state, but recommended the appointment of a committee to confer and treat with the agents of the state regarding the terms and manner of com- pleting the admission. This is all that was done at the time. The sub- ject was subsequently referred to, but as frequently postponed, and finally dropped. Finally, after much of trials and tribulations, in 1789 New York ceased her opposition, and, by an act passed July 15th, ap- pointed commissioners to meet a similar body from Vermont, and ad- just and determine everything which obstructed the union of Vermont with the United States. Vermont chose her commissioners October 23, 1789. The only material point at issue between the bodies of commis- sioners was the amount of compensation to be paid citizens of New York for lands which had been claimed by them and regranted by Ver- mont ; but after two or three meetings these questions were amicably settled. This having been accomplished, on the 7th of October, 1790, the commissioners on the part of New York declared the consent of the Legislature of that state, that Vermont be admitted into the union of the United States of America. The commissioners on the part of Ver- mont pledged that their state should, on or before the Ist of January, 1792, declare that, on or before the Ist of January, 1794, pay the state of New York the sum of thirty thousand dollars. The further provis- ion was made that immediately from such declaration by Vermont, all rights and titles to lands within the state of Vermont, under grants from New York, should cease and determine. All the conditions and stipulations being complied with, Congress, upon the petition of Ver-
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