USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 29
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This report was accepted, and having been embodied in the form of a letter, was sent to the New York Convention. An amicable arrangement having been thus effected, the commit- tee of safety was adjourned to reassemble on the first Tuesday of June, 1777, " and not sooner except on emergent call." So discordant were the elements of which the county was com- posed, that it was found necessary to issue an " emergent call" early in the following month. In compliance with this call, the committee of safety convened at Brattleborough on the 2d of December. An attempt was then made to prepare a repre- sentation of the " broken situation" of the county. To such a course some of the members objected, and as the others were not disposed to yield, the objectors withdrew and broke up the meeting. The few who remained addressed a letter to the county representatives in the New York Convention, and de-
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279
DISCORD AMONG THE RANGING COMPANIES.
1776.]
sired them to lay before their colleagues such a description of the state of the county as the circumstances would warrant. This was the only business transacted, and the members retired without naming any time or place for another meeting.
On the same day, the freeholders of Chester assembled in town meeting, and appointed Thomas Chandler to prepare a memorial to be sent to the New York Convention, setting forth the sentiments of the majority of the inhabitants of that town respecting the manner in which the affairs of the county had been conducted ; and remonstrating against the propriety of allowing the representatives from Cumberland county to sit in Convention, when they had been chosen to that position by less than one-quarter of the votes of the people. The memorial was presented to the people a week later, and having been ap- proved of, the author of it was chosen to proffer it whenever a fitting opportunity should occur.
In addition to the disaffection arising from troubles of a civil nature, discord began to prevail in the ranging companies of the two counties. Major Hoisington had demanded of the New York Convention certain wages which he declared were due his men. The payment of this claim was delayed, because it had been neither satisfactorily stated nor proved. Failing to receive their wages, the men were not easily prevailed upon to do duty, even when their aid was most needed. In this emer- gency Gen. Jacob Bayley, of Newbury, wrote, on the 20th of No- vember, to the committee who had been appointed to settle the difficulty with the rangers, in these terms : "If our rangers have not what was engaged them, viz. bounty, one month's pay, and billeting, we have no right to command them; and if that payment is not made, we must not expect them on any duty ; and if General Gates, who doubtless stands in need of them, should call for them, he must be disappointed. Where the blame lies I cannot say. However, it is my opinion that the Major be paid according to his rolls, if authentic; after- wards he may be called to account, if he has been faulty. Otherwise, the whole had better now be dropped; better now than when one or two months' more time is spent to no purpose."
The prospect that the county would much longer remain, of its own accord, a part of the state of New York, was every day becoming more and more uncertain. At the close of the year 1776, the disaffection had become so general that many of the principal men were ready to announce their secession, and join
280
HISTORY OF EASTERN VERMONT.
[1776.
in forming a free and independent state, to include the whole of the New Hampshire Grants lying between Connecticut river and Lake Champlain .*
* Miscellaneous Papers, in office Sec. State N. Y., xxxvi. 191-196, 199-235 MS. Records Cumb. Co. Com. Safety. Journal N. Y. Prov. Cong., ii. 210, 214, 315. MS. Records of town of Chester. Doc. Hist. N. Y., iv. 922, 923.
CHAPTER XI.
THE FORMATION OF THE STATE OF VERMONT.
Disaffection of the Inhabitants of the " Grants" towards New York-The Rangers -- The Westminster Convention-" New Connecticut, alias Vermont"-Report on the condition of Cumberland and Gloucester counties-Appeal to Congress -Efforts to obtain the Services of the Rangers in behalf of the State of New York-Col. William Williams's opinion-Attempts of John Sessions to establish peaceful Relations-Letter of Bayley, Clay, and Sessions-Commissioners ap- pointed by New York to take charge of the Property of those who had left the State-New York adopts a State Constitution-Powers of the Committees of Safety enlarged-The first State Election ordered in New York-Meeting of the Friends of New York in Brattleborough-Their Report-Resolutions of the New York Convention thereon-Meetings of the Cumberland county Committee of Safety-Their "True Representation"-Sanitary Measures-Adoption of the Constitution of Vermont-Congress refuses to countenance the Proceedings of the New State-The Rangers ordered to Kingston-They Refuse to Obey- Charles Phelps attempts to procure Arms from Massachusetts-His Petition and the Reply-Alarm at the expected Approach of Burgoyne-Burgoyne's Instruc- tions to Baum-The Victory at Bennington-The increasing power of Vermont -George Clinton elected Governor of New York-Action of the Cumberland county Committee of Safety-Charles Phelps's statement of the right of Massa- chusetts to a Portion of the Territory of the State of Vermont.
MANY there were, in the state of New York, who would have gladly denied the existence of any alienation between that go- vernment and the inhabitants of the New Hampshire Grants had not the fact of such an alienation been too clear to admit of a doubt. An occasional forced admission, by the former government, of the real condition of affairs, was also significant of the pains which were generally used by one of the parties to conceal it. Near the close of the year 1776, Washington ordered Gen. Heath " to march to the grand army on the banks of the Delaware, with the troops under his command." In the recess of the New York Convention, the state committee of safety informed his Excellency, that it would be unsafe to comply with his requi- sition, and advised some other course. In their letter to him,
282
HISTORY OF EASTERN VERMONT.
[1777.
dated January 1st, 1777, containing these suggestions, they said : " On this occasion, we beg leave to lay before your Excellency the true situation of this state. It formerly consisted of four- teen counties, of which five, and a part of the sixth, are in pos- session of the enemy, and a considerable part of the inhabitants of the counties of Gloucester, Cumberland, and Charlotte, ap- pear determined to shake off their dependence upon us, so that above one half is lost ; of the remainder, a considerable propor- tion is disaffected, and ready upon a favorable opportunity to join the enemy." Such was the light in which even the most sanguine were compelled to view the situation of the " Grants."
Notwithstanding these disheartening prospects, the wants of the counties of Cumberland and Gloucester were still supplied, to a certain extent, by the state of New York. The four rang- ing companies, whose aid had not proved as effectual as many had supposed it would prove, clamored loudly for their wages, although they were almost forced to confess that they had not earned them. Their major, Joab Hoisington, had journeyed to Fishkill, where the state committee of safety were in session, to obtain a settlement for them. This he partially effected, but being detained beyond the time fixed for his absence, he was forced, on the 11th of January, to apply to the committee for funds to enable him to return. His request was granted, and wages were paid him on account of services rendered, and to be rendered by him in his official station. A resolution was also passed on the 14th, by which the Convention agreed to lend to the county of Cumberland "a sum not exceeding £300," on certain just and easy terms. Owing to the neglect of the com- mittee of Cumberland county to furnish their representatives with money, Sessions and Stevens applied to the Convention for the wages due them for their services rendered as members of that body. In answer to this request, £70 were advanced to them, and they were requested to account for that amount to the county committee, who were directed to consider it as a part of the £300 loaned by the Convention to the county .*
While New York was endeavoring to bind the wavering counties to herself by acts of kindness, they were striving openly and in secret to effect a separation. On the 15th of January, an adjourned meeting of the convention of the "Grants" which had assembled at Dorset in September of the previous year,
*Journa N. Y. Prov. Cong, i. 753, 770, 771: ii. 379.
283
DISAFFECTION TO NEW YORK.
1777.]
was held at Westminster. By a report made on that occasion, it appeared that more than three-fourths of the people of Cum- berland and Gloucester counties, who had acted upon the sub- ject, were in favor of a new state. The rest were viewed as neutrals. On the west side of the mountains where the project had made most head, separation from New York was not only regarded as necessary, but inevitable. A committee appointed to prepare a report expressive of the views of the convention, presented the result of their deliberations, in the form of a decla- ration of rights and independence. The statements and avowals which it comprised, were adopted unanimously, and the district of territory, known as the New Hampshire Grants, was pro- claimed a separate and independent state, and was called " NEW CONNECTICUT alias VERMONT." An account of these proceedings. was transmitted to the Continental Congress, accompanied by a prayer that the declaration of the people might be received, and New Connecticut ranked " among the free and independent American states, and delegates therefrom admitted to seats in the grand Continental Congress."*
While measures like these were engaging the attention of the inhabitants of the new state, the New York state committee of safety were engaged in devising means to stop the revolt, and bring back the disaffected to their allegiance. The gentle- men appointed to visit the two river counties and inquire into their condition having returned, had announced their readiness to submit the result of their investigations. A hearing was granted them on Saturday, the 18th of January, and while their chairman was reading the report they had prepared, the Cumberland deputies listened in silence and with sorrow to the accounts which they too well knew were true in each particu- lar. The arguments which had been made use of by the Green Mountain Boys to swerve their ultra-montane brethren from the path of duty were detailed at length, and although some of them were baseless, many were so specious as to call for a good share of discrimination to detect their fallaciousness, while
* The convention, after sitting from the 15th to the 22d of January, adjourned to meet at Windsor on the first Wednesday in June following. There appears however, to have been a meeting intermediate. A call was issued on the 30th of January by Nathan Clark, for a convention at Dorset, and by the records of the town of Chester, it seems that Lieut. Jabez Sargeant was chosen on the 13th of February, to attend the special convention, and act " for the good of the state of New Connecticut, and for the town of Chester, according to the best of his un- derstanding."-MS. Records of Chester. Slade's Vt. State Papers, pp. 68-73.
284
HISTORY OF EASTERN VERMONT.
[1777.
others were sound and conclusive. When the reading was finished, every member then present, and " every member in the neighbourhood" to whom notice could be sent, were directed to attend on the Monday following for the purpose of passing upon the report. At the appointed time the subject were dis- cussed at length, and an appeal to Congress was decided upon as the inceptive step in whatever proceedings might follow. That the matter might be placed in its proper light, Congress were informed that, at the commencement of the struggle for American liberty then in progress, the inhabitants of Cumber- land and Gloucester counties had " in general" submitted to the jurisdiction of New York, obtained grants and confirmation charters from that state, and been ruled by magistrates of her appointment ; that " a spirit of defection and revolt" had lately been extended to those counties, "through the arts and misre- presentations of certain people inhabiting the county of Char- lotte, distinguishing themselves by the name of Green Mountain Boys, and their emissaries ;" that the Congress and Convention of New York had hitherto viewed " the effects of this danger- ous insurrection with silent concern, being restrained from giv- ing it a suitable opposition, by the apprehension that it might, at so critical a juncture," weaken their exertions in the com- mon cause; that the insurgents from Charlotte county had incited many of the inhabitants of Cumberland and Gloucester to unite with them in asserting a separate independence, in holding a separate convention, and in " framing a petition to the Honourable Congress for its sanction and approbation of this unprovoked revolt;" that the loss of so valuable a terri- tory, whose people during the present war had received " libe- ral allowances out of the public treasury" of the state, would not only burden those remaining with enormous debts, but would, at every future period, afford an excuse for others who might wish to deny the jurisdiction of the state, and set her authority at defiance; and finally, that it had become abso- lutely necessary that "proper and vigorous means should be forthwith exerted" for vindicating the rights of the Convention of the state of New York. In view of these considerations and others as potent, the committee resolved that a proper applica- tion should be immediately made to the Congress of the United States, to whose justice the " insurgents" had appealed, request- ing them to interpose their authority, and recommend to the " in- surgents" a peaceful submission to the jurisdiction of New York.
285
APPEAL TO CONGRESS.
1777.]
In accordance with these views, a letter was dispatched to the president of Congress, embodying an epitomized account of the sentiments of the committee, and inclosing the resolve which had been passed and the preambulatory remarks con- nected with it. Notwithstanding this appeal, confidence in the revolting counties had not entirely disappeared. On the 21st of January a resolution was passed ordering an application to be made to some of the counties in the state, for blankets and stockings for the army ; and Cumberland, Gloucester, and Char- lotte were included among the counties from which relief was to be sought. A few weeks later, when the position of Ticon- deroga was considered perilous on account of the smallness of the force to whose care it was intrusted, Gen. Schuyler was empowered, on the 9th of February, to dispatch one-fifth part of the militia of several of the counties of the state, among which counties were the three mentioned above-to reinforce the garrison at that post.
Owing to reasons of policy, the resolutions and letter of the 20th of January were not immediately transmitted to Congress. All hopes that a decided change would take place in the senti- ments of the majority of the inhabitants of the "Grants" hav- ing failed, the state committee resolved, on the 1st of March, to present their appeal to Congress without further delay. With the letter which had been already prepared another was sent, in which were detailed several facts which had lately trans- pired. One paragraph in this communication was in these words : "The Congress may be assured that the spirit of defec- tion, notwithstanding all the arts and violence of the seducers, is by no means general. The county of Gloucester, and a very great part both of Cumberland and Charlotte counties, continue steadfast in their allegiance to this government." In support of this declaration as regarded the first named county, reference was made to a letter, inclosed, from Brigadier-General Bayley, and in proof of the rest of the statement, it was affirmed that Cumberland and Charlotte were still represented in the New York Convention, and that "out of eighty members who were expected to have attended the mock convention of the deluded subjects" of New York, twenty only were present .* Intrusted
* The number of delegates in attendance at the convention held at Westmin- ster on the 15th of January, 1777, and referred to in the text, was twenty-four. Three towns expressed their approbation of its measures by letter .- Slade's Vt. State Papers, p. 68.
286
HISTORY OF EASTERN VERMONT.
[1777.
with these documents, a messenger was dispatched to Con- gress .*
The death of Joab Hoisington, which took place early in the year, left the rangers without a commander. The conduct of these soldiers, from the first, seems to have given but little satis- faction. In a letter to Gen. Schuyler of the 24th of February, Col. Bedel declared that they had not done three days' duty since they were enlisted, and other accounts, though not so dis- paraging, were in no instance complimentary. Being now wholly unemployed, although they had been engaged to serve during the war, Gen. Schuyler proposed to the Convention that they should be located where they could render some assistance. "I apprehend," wrote he on the 4th of March, "there will be occasion of their service as scouts to be employed on the head of the river St. Francis, and although I have no immediate power from Congress to engage any troops for that purpose, I shall nevertheless venture on the measure if Convention should think proper to direct that they should be put under my com- mand as Continental troops; in which case the Continental bounty will be allowed to Convention to replace what it may have advanced them." This communication, and another dated the 6th of March, on the same subject from Gen. Bayley, were read in Convention and committed to Charles De Witt, Simon Stevens, and Leonard Gansevoort. A report was prepared by these gentlemen, advising the adoption of certain measures. Their propositions were read on the 11th of March, but were not received with favor, and the whole matter was recommit- ted, James Duane and John Taylor having been added to the committee.
A second report was submitted on the 15th, which declared, that, owing to the present state of Gloucester and Cumberland counties, the rangers raised under the command of the late Major Joab Hoisington, ought to be continued in service, pro- vided they would agree to be employed "for the support of the common cause of America," in such manner as the Convention or a future Legislature of the state should think proper. If an understanding of this nature could be effected, the committee recommended that the companies should be mustered by com- missioners appointed for that purpose, and such soldiers as might be willing to serve as before, should subscribe an enlisting roll
* Journal N. Y. Prov. Cong., i. 775-780, 800, 820, 821. Slade's Vt. State Pa- pers, pp. 73-75. Doc. Hist. N. Y., iv. 925-930.
287
DEFECTION AMONG THE MILITIA.
1777.]
to that effect. They further advised that the commissioners should thereupon appoint one lieutenant for every thirty men, and one captain for every two lieutenants; and that such of the soldiers as should refuse to serve, should be discharged, having first received one-half of the bounty which had been voted by the Convention to such as should engage to serve during the war, together with "pay and subsistence" for the time they had been employed. They recommended the appointment of Gen. Jacob Bayley, John Sessions, and James Clay as commissioners, not only for the purpose aforesaid, but also to examine into and state the sums due to the officers and privates of the ranging companies according to their actual services. For their trouble and expenses while actually employed in this business, they were to be paid two dollars each, per diem. The consideration of this report, in consequence of its connection with some other topics which had not been fully discussed, was postponed. When it again came before the Convention on the 17th, it was, on the motion of Gouverneur Morris, a second time recommitted. When, on the 18th, final action was had, no alterations were made in the propositions above stated.
In accordance with the resolve of the 9th of February, Col. William Williams of Wilmington had received orders both from Gen. Schuyler and the Convention to enlist every fifth man in the lower regiment of the militia of Cumberland county for the purpose of assisting in the reinforcement of Ticonderoga. He immediately undertook the task which had been assigned him, but the spirit of defection had spread so far, that he met with but little success. "I find," he wrote on the 13th of April, "that in general the men are averse to go out under the state of New York, neither do I think it possible for me to raise any men. They are ready to go out under the notion of New Hamp- shire Grants, or a new state; but for my own part I am willing to serve under York until the matter can be decided by the Continental Congress." Similar orders were transmitted to Col. Joseph Marsh, the commandant of the upper regiment in the county. His exertions were followed by more favorable results, for he had the good fortune to succeed in collecting his men and in marching them to the place to which they had been ordered. The commissioners who had been chosen to settle with the rangers, dispatched the business with commendable diligence. In communicating an account of their transactions to the Convention, on the 21st of April, John Sessions, the chair-
288
HISTORY OF EASTERN VERMONT.
[1777.
man, signified his regret that all the negotiations which had been had, concerning the rangers, had been attended with "such perplexity and cost," and expressed a hope that more care would be taken in the future to avoid mistakes and pre- vent misunderstandings. He recommended the appointment of a paymaster and commissary, for the companies which should be continued in the service, and proposed Gen. Bayley for those offices. He also advised, in case the General should re- ceive the appointments, that he should be further empowered to correspond with the commanding officer in the northern depart- ment, and in that way act as director of the rangers of Cumber- land and Gloucester counties. He further declared that the situation of his own and the country's affairs, rendered it almost impracticable for him to attend as a deputy in the Convention. At the same time he asserted his loyalty to the state of New York, and his displeasure at the course which many of his friends were pursuing. Referring to the attempt to establish the state of New Connecticut or Vermont, he said, "I hope if prudent measures are taken this new-fangled scheme will, like the house of Saul, wax weaker and weaker. I ardently wish that some decisive measures might be taken that the sword of justice and sceptre of mercy may be properly exercised." In the same reasonable temper, he remarked that he had no dis- position to extenuate the faults of those who manifested such contempt for the authority of New York. He desired that every obstacle with respect to the title of lands might be re- moved, and expressed the wishes of the more moderate inhabit- ants of the county, when he indirectly recommended the abo- lishment of quit rents, and advised the substitution of a land tax in their place.
A joint letter was prepared on the 2d of May, by Bayley, Clay, and Sessions, the commissioners for settling with the ran- gers. In this communication, the Convention were informed of the course which had been pursued in investigating and wiping out the old accounts. The formation of a company mustering one hundred and fifty-two men, to be divided according to the plan previously suggested, was announced as the result of the efforts which had been made to secure re-enlistments. A pro- position was made that these soldiers should be employed as scouts and messengers between Connecticut river, Ticonderoga, and Canada, and that they should be paid according to the rules of the Continental service. This communication having been
1777.]
FURTHER PROCEEDINGS OF THE CONVENTION. 289
read in Convention, was referred to a committee, who, after due deliberation, reported the accounts therein stated correct. Con- formable to this report, the treasurer of the state was directed to pay to the commissioners, the sum of $13,430, and take a receipt for that amount from the messenger who had been deputized by the commissioners to receive the money. Upon the suggestions regarding the method of employing the new troops, no action was taken .*
While endeavoring to regulate the militia, the Convention had not neglected to attend to the general welfare of Cumberland county. In every part of New York, as in the other states, many who had joined the enemy, had left their possessions in such a condition as to render them liable to waste, or to be employed for purposes unfriendly to the cause of liberty. To prevent these results, commissioners were appointed, on the 6th of March, in every county, to take into their custody " all the personal property" of persons answering to the above description, and sell it at public vendue after ten or more days' notice. An account of each sale was to be left with the treasurer of the state, as were also the net proceeds and such moneys as might be found. The whole was to be paid to the respective owners, at some future time, or disposed of, at the discretion of the Le- gislature of the state. Strict directions, however, were given that the families of persons who had joined the enemy, should be allowed to retain their apparel, necessary household furni- ture, and as much provisions as would be sufficient to maintain them for three months. James Clay, Amos Robertson, and Israel Smith, were chosen commissioners for Cumberland coun- ty ; but the appointment of commissioners for Gloucester county was deferred, until the names of persons fitted for the trust could be obtained.+ By a resolution passed on the 21st of March, the commissioners were authorized, in case of a refusal to deliver up property over which their office gave them jurisdiction, to apply to the committee of the county or district in which they might meet with opposition, for such aid as should be judged necessary to enable them to perform their duty.
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