USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 30
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* Journal N. Y. Prov. Cong., i. 825, 831, 837, 839, 841, 907, 916 : ii. 404, 421, 431, 476, 477. MS. Letter Col. J. Bedel to Gen. Philip Schuyler, dated Feb. 24th, 1777.
t By the advice of Col. Jacob Bayley, the Convention on the 2d of May, 1777 appointed Col. Peter Olcott, Col. Jacob Kent, and Maj. Israel Smith, commission- ers for Gloucester county .- Journal N. Y. Prov. Cong., i. 907: ii. 498. 499.
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290
HISTORY OF EASTERN VERMONT.
[1777.
One of the most important measures of the Convention, during the year, was the adoption of a state constitution. This event took place on the 20th of April. It would, of course, be out of place in this connection, to present a detailed account, or even an epitome, of this most " venerable monument of the wisdom of our high-minded ancestors." Let it be sufficient to say, that such men as John Jay and Gouverneur Morris were its found- ers, and that it continued to guide and govern the people of New York until the year 1821, when a new system was adopt- ed. By its provisions, the supreme legislative power was vested in an Assembly and a Senate. In the former body, Cumber- land county was allowed a representation of three members and Gloucester two. The state was divided into four senatorial dis- tricts ;, and of these the eastern district comprised the counties of Charlotte, Cumberland, and Gloucester, and was permitted to elect three of the twenty-four state senators.
Until the new constitution should take effect, the Convention were willing to increase the powers and dignify the character of the committees of safety, who had acted so important a part in regulating the affairs of the districts, counties, or towns over which they bore rule. To this end, they passed a recommenda- tion, on the 21st of April, counselling all the committees in the state " to use their utmost endeavors to apprehend, secure, and otherwise, according to their discretion, dispose of all such per- sons" as they might deem inimical or dangerous to the state. As the time for which the committees were appointed to serve would soon expire, the Convention adopted a resolution, on the 5th of May, calling on the inhabitants of the state to choose " active, spirited, and discreet" persons to act as committee men, and to continue in that service until the 1st of the follow- ing October. " Although," said they in the handbill which was circulated throughout the state, " although the office of a mem- ber of any of the said committees is extremely painful and labo- rious, yet, as the service will probably expire before the said day, it is most earnestly recommended to the good subjects of this state, cheerfully to undertake, and vigilantly to execute, the said office ; more especially, as the last hope of our dispirited foes is now grounded upon those intestine divisions which they. so assiduously labor to promote, by the assistance of which they expect to accumulate greater evils upon a country which they cannot subdue, and without which all their diabolical designs must prove utterly abortive." Special powers were given tc
291
MONETARY AFFAIRS.
1777.]
some of the committees. Those of Albany, Tryon, Charlotte, Cumberland, Gloucester, Ulster, and Orange counties, were re- quested and authorised " to take the most effectual measures to prevent, suppress, and quell all insurrections, revolts, and disaf- fection within their respective counties," and were also empow- ered to call out the militia to aid them in destroying or securing any who might be found in arms against the state.
At the same time measures were taken by the state to main- tain the monetary affairs of Cumberland and Gloucester coun- ties, and an attempt was made to exert a more direct influence upon the people by appointing to such offices as the state government was empowered to fill men who were friendly to its interests and designs. At the request of Simon Stevens, one of the deputies from Cumberland county, the Convention, on the 3d of May, ordered the state treasurer to accommodate him with the sum of £60, and render the charge to his constituents. This circumstance showed that confidence was still reposed in the honor of the county, although its loyalty was, to all appear- ances, irrevocably lost. On the 5th of May, Paul Spooner was chosen by the Convention, sheriff of Cumberland county, and in conjunction with other sheriffs in the state, was ordered to qua- lify himself without delay, and give public notice in his baili- wick of the time, place, and manner of the first state election, and of the offices which were to be filled .* The places desig- nated for holding the election in Cumberland county, were the house of Seth Smith in Brattleborough, the house of Luke Knowlton in New Fane, the Court-house in Westminster, the house of Jonathan Tarbell in Chester, the Town-house in Wind- sor, and the house of Col. Joseph Marsh in Hertford. Writs of dedimus potestatem were issued to John Sessions and John Stevens, to enable them to qualify the county officers of Cum- berland county ; and the same authority was given to Brig .- Gen. Bayley, to be exercised in the county of Gloucester.+
Meantime, those who continued favorable to the government of New York were striving to stem the opposition which surround- ed them on every side. In Brattleborough, they were more
* Spooner declined the appointment soon after it had been given him, and the Convention were informed of his refusal in a letter which he wrote them, and which was presented on the 15th of July, 1777, by Col. Eleazer Patterson of Hins- dale, now Vernon .- Journal N. Y. Prov. Cong., i. 995.
+ Journal N. Y. Prov. Cong., i. 826, 845, 892, 898, 910, 912, 917, 918, 935, 937. Dunlap's Hist. N. Y., ii. 130. Handbill issued " In Convention of the Representa- tives of the state of New York, at Kingston, May 5, 1777." Pingry MSS.
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HISTORY OF EASTERN VERMONT.
[1777.
numerous than the Vermont adherents, and were not afraid to act as their convictions dictated. At one of their meet- ings held in that town, on the 22d of April, they declared that, as they had always owed allegiance to the state of New York, so they would continue to pay that allegiance, and would strictly adhere to such directions as might be sent from the Convention of that state. To express these views to the New York Convention, Israel Smith was chosen agent for the town, and his instructions, dated the 25th of April, pointed out to him the manner in which he should fulfil his commission. He was especially directed to inform the Convention, that, at the meet- ing held at Westminster on the 15th of January previous, not one half the towns in Cumberland county were represented ; that all the people in Brattleborough were loyal to the state of New York, and considered themselves in duty bound to execute all orders of the state and Continental Congress; and that, in the opinion of many, these were the sentiments of the majority of the property holders in the county. He was also instructed to say, that the spirit of faction was so rife that it was dangerous to speak against a new state, and that the difficulties prevalent in the county, were neither few nor unimportant. These instruc- tions were signed by Obadiah Wells, Seth Smith, Samuel War- riner, James Blakeslee, and John Griffin.
On his appearance in Convention, on the 6th of May, the papers with which he had been intrusted were read and com- mitted to Gouverneur Morris and Simon Stevens. In his con- ferences with these gentlemen, he informed them more particu- larly of the condition of the town which he represented, and, in a general way, of the affairs of the county. The report of the committee was divided into two parts; the first part having reference to those inconveniences which obtained equally in the counties of Cumberland, Gloucester, and Charlotte, arising from the uncertainty or defect of land titles, distance from the seat of government, and the exaction of heavy quit rents; and the second part relating to the disadvantages suffered by the people of Brattleborough on account of their steady attachment to New York. In the latter portion of the report, the committee, in conformity with the information given them by Mr. Smith, and obtained from other reliable sources, declared that the inhabit- ants of Brattleborough had, on account of their "unwearied op- position" to the independence of Vermont as a separate state, and their allegiance to New York, become odious to some of
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293
RESOLUTIONS OF THE COMMITTEE.
1777.]
their neighbors; that, owing to the indolence or disaffection of their militia officers, they were not in a position to exert them- selves against the common enemy, although willing to aid, should their services be required ; that they were in want of arms to reduce the tories to subjection; and that, although they were ready to join in new and spirited measures against the Tories, yet it was feared that it would be impossible to collect a county committee to carry such measures into execution.
In view of this representation, and of the general condition of the state, the committee reported on the 10th, that it would be utterly impracticable to furnish the inhabitants of Brattlebo- rough with arms; and that the odium they had incurred from their attachment to New York, could not be removed except by a change in the opinions of those who favored the new state-a change which the committee imagined would take place as soon as those who had revolted became convinced of their true interests. Upon the remainder of the representation, the committee submitted these resolutions :-
"First. Whereas it hath been represented to this Conven- tion, that divers of the inhabitants of the county of Cumberland, who are desirous of continuing the subjects of this state, are, from divers reasons, incapable of exerting themselves in the general defence, particularly from the want of proper officers- therefore, Resolved, that it be recommended to such inhabit- ants to associate as follows, to wit: 'We, the subscribers, sub- jects of the state of New York, do associate together for the defence of the United States against the King of Great Britain, as follows : First. We will choose our officers by vote of the majority in each respective company or regiment. Secondly. We will obey our officers so chosen in the same manner as the militia of the said state, render obedience. Thirdly. The names of the said officers shall be transmitted to the government of the said state, and to the general in the northern department. Lastly. This association shall continue in force until revoked by proper authority.'
"Second. Whereas it hath been suggested to this Convention, that the county committee of the county of Cumberland cannot be collected together but with great difficulty. Resolved, that any committee chosen by the inhabitants of three or more adjoin- ing townships, within the said county, may exercise the powers [of a county committee of safety.]"
That part of the report which related to the condition of the
294
HISTORY OF EASTERN VERMONT.
[1777.
"Grants," together with the portion already cited, was tabled, the two resolutions excepted. The latter of these was, how- ever, changed so as to read thus: " Resolved, that such of the members of the said county committee as, on due and regular notice for the convening of the said committee, shall meet, be authorized to proceed to business." Such was the result of Smith's mission to the New York Convention .*
Encouraged by the evidences of good will on the part of New York, the county committee of safety still continued to exercise their functions, though unable to secure such obedience to their orders as they desired. At a general meeting held in the Court- house at Westminster, on the 4th of June, it was resolved that an attempt should be made to give greater vitality to their ope- rations. Twelve members from eiglit towns only were in attend- ance on the first day. A chairman and clerk were appointed, a few complaints were heard, but it was deemed inexpedient to proceed with the business of the meeting. A postponement was therefore agreed on. When the committee reassembled on the following morning, and it became known that no addition had been made to their number, an adjournment was voted, and the members separated, with a fuller persuasion than they had ever before felt, of the weakness of the minority which they represented.
At the adjourned meeting, held on the 17th of June, six members from five towns were present. After waiting for two days in the vain hope of collecting a quorum, a readjournment was resolved on, and the house of Capt. John Sergeant in Brattleborough was selected as the place for the next meeting. Nine members from six towns assembled in Brattleborough, on the 26th, at the second adjourned meeting. It had now become evident that it would be impossible to command the attendance of a majority of the members. The committee accordingly re- solved that they would act in accordance with the dispensation which had been granted them by the New York Convention, and proceed to business without a quorum. James Clay, Elea- zer Patterson, and Hilkiah Grout were thereupon chosen a com- mittee to draft a "True Representation of the Broken State, of the Inhabitants of the County," and assign some reasons for the conduct of the county committee in neglecting to observe the
* Journal N. Y. Prov. Cong., i. 913, 921. Miscellaneous Papers, in office Sec. State, N. Y. xxxvii. 57, 397 : xxxix. 23. Doc. Hist. N. Y., iv. 936-940.
295
REPORT OF THE COMMITTEE.
1777.]
resolves of the Convention respecting the election of a Governor and representative officers. Their report was in these words :-
" Pursuant to the resolves of the Honorable Convention of the state of New York, appointing the committee of the county of Cumberland to assist the sheriff in holding the election for Go- vernor, Lieutenant Governor, Senators, &c., the county commit- tee from eight towns met on the 4th day of June, instant, and proceeded to make choice of Capt. James Clay, chairman, and Mr. Simon Stevens, clerk, and after deliberating on the import- ant affairs and broken state of the county, adjourned until the 17th day of June, instant, at which time they met according to adjournment from five towns. But the sheriff having resigned his commission, and entirely refusing to act thereon, and the committee being terrified with threats from the people who are setting up a new state here, thought it imprudent to proceed to any business, and adjourned to meet at Brattleborough on this 26th day of June, where they are met according to adjourn- ment from six towns, and where also a number of men who are appointed by several towns to make their disapprobation to the proceedings of the late convention at Windsor publickly known, in some proper manner, meet the committee and joyne with them in representing the broken and disordered state of the county, and making their disapprobation of the proceedings of the late convention at Windsor, known to the Honorable Con- vention or Assembly of the state of New York.
" We therefore, the committee of the county of Cumberland, and others specially appointed by the towns of Weathersfield, Westminster, Putney, Brattleborough, Hinsdale, and part of Guilford, for said purposes, do represent as follows, viz., that the convention held at Windsor on the 4th day of June, instant, for the purpose of establishing their new state of Vermont,* have taken into their possession the prison of this county, and have strictly forbid all committees acting under the authority of the state of New York, so that it is become impracticable for the county committee, or any other committee to proceed to any publick business in this county. As the result of these measures, several prisoners now in prison in this county who
* The Vermont convention, held at Windsor on the 4th of June, recommended to the people of the new state to assemble in their respective towns on the 23d of the same month, and choose representatives to meet at Windsor on the 2d of July following, for the purpose of forming a constitution, and electing delegates to the Congress of the United States .- Various MSS.
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HISTORY OF EASTERN VERMONT.
[1777.
might have been set at liberty, agreeable to the resolves of the Convention of the state of New York, are still kept in prison in the most pitiful circumstances, and are so like to continue. The publick peace is so interrupted by the proceedings of this convention at Windsor, and by those disorderly persons who are so warmly engaged in supporting the illegal authority of their new state, that it hath already considerably hindered the raising of men for the common defence ; and we think we have reason to believe that if a stop is not speedily put to this spirit of disorder which rages so vehemently here, a final period will soon be put to any further provision being made in this county for the common defence of America.
"We further represent that a considerable number of the people in this county who are so warmly engaged in setting up their new state, have not any or but little property which they can claim under any grant whatever ; and we really believe that the leaders of the people who are for the new state in this county, are pursuing that which they esteem their private interest, and prefer that to the publick weal of America, and that they are determined to support the authority of their new state at all events ; and we really believe that without the interposition of the Honourable Continental Congress they will never submit to the authority of the state of New York until obliged so to do by the sword.
" And we do hereby solemnly declare, that we entirely disap- prove of the proceedings of the late convention at Windsor, and of all persons whatever acting under authority of said con- vention, and that we will, at all times, do our best endeavour to support the legal authority of the state of New York in the county."
This report having been accepted by the committee, was signed by James Clay, the chairman. Eleazer Patterson and Hilkiah Grout were deputed to present it to the Convention of New York. In the credentials which were given them, it was stated that the expense of their journey was to be paid by private subscription, inasmuch as the state of the county rendered it impossible to raise money in any public way .*
* Col. Patterson presented his commission, and the various papers entrusted to him, to the New York Council of Safety, on the 15th of July, 1777. They were committed to Robert R. Livingston, Gen. John Morin Scott, and Major Christopher Tappen, but the records do not show that any action was had upon them .- Journal N. Y. Prov. Cong., i. 995.
297
MEETING OF THE NEW STATE CONVENTION.
1777.]
One other act of the committee is worthy of notice. By a resolution of the New York committee of safety, passed some months previous, authority had been given to the county com- mittees to select places suitable for the residence of persons who should be inoculated with the small-pox. In conformity with this resolve, permission was now granted by the county committee to erect a house in Brattleborough to be used for that purpose. Obadiah Wells, Capt. John Sergeant, and Lieut. Israel Smith, were empowered to select a proper site for the building, which when completed was to be in their charge. Special instructions were at the same time given them as to the manner in which they should act, and they were enjoined to be watchful, lest through any neglect the dreaded disease should extend its ravages among those who could not receive the treat- ment necessary to their health and safety. The committee then adjourned, to meet on the first Tuesday in September, at the court-house in Westminster .*
On the 2d of July, the convention of the new state of Ver- mont assembled at Windsor. The draft of a constitution was presented and read, and the convention entered upon an exami- nation of its articles, determined to accept of nothing which would not support the principles of republicanism and demo- cracy combined. In the midst of their deliberations, news came that Ticonderoga had been evacuated, and that the frontiers of the state were exposed to the ravages of the enemy. Many wished to break up the convention and return to their homes, in order to defend their families and firesides. But Providence had ordered otherwise. While fear seemed to paralyze effort, and doubt to render the little action which was exerted ineffect- ual, a violent storm arose. So fierce was the conflict of the elements, that the members were compelled to remain. A new life seemed to inspire the convention. The constitution was read, paragraph by paragraph, amid the roaring and flashing of batteries fiercer, louder, and brighter than those with which the British were at that moment endeavoring to environ the Americans in their flight from Ticonderoga. Evening saw the work completed. The constitution had been adopted, a council of safety had been appointed to act during the recess, and the convention had adjourned. Besides the adoption of the constitu-
* MSS. in the possession of the Hon. William M. Pingry, containing a record of the acts of the Cumberland county committee of safety. Journal N. Y. Prov. Cong., i. 773.
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HISTORY OF EASTERN VERMONT.
[1777.
tion, little else was done by the convention. A right to the county jail at Westminster was, however, reiterated, and orders were issued to a sergeant and six men to guard it both by night and day, and to permit no one to advance within six feet of the gratings, or to approach the jail door .*
While the New York and Vermont adherents were struggling for the supremacy on the soil which they both claimed, the supporters of the former in the New York council of safety, were endeavoring to wring from the Congress of the United States an expression of opinion as to the validity of the con- flicting claims. In a letter to Congress of the 28th of May, wherein reference was made to those who had been instrumental in declaring the independence of Vermont, they said: " Al- though we apprehend no great difficulties in reducing these factious spirits to obedience and good order by the justice and vigor of the government of this state without the aid of Con- gress, yet as a report prevails, and is daily gaining credit, that they are privately countenanced in their designs by certain members of your honourable house, we esteem it our duty to give you this information, that by a proper resolution on that subject, the reputation of Congress may cease to be injured by imputations so disgraceful and dishonourable." Although some members of Congress had expressed opinions favorable to the establishment of Vermont, yet their number was small, and did not at present seem likely to receive accessions. When the petitions from Vermont and the letters from New York had been thoroughly examined, the subject of the controversy was referred to a committee of the whole house. When their report had been submitted, Congress resumed the discussion, and determined after long debate, to agitate no further a topic which appeared to be pregnant with difficulties. To this end they resolved on the 30th of June, that the independent government whose establishment had been attempted by the people of the new state, " could derive no countenance or justification from any act or resolution" which they had passed. Other resolutions explaining more fully their sentiments were at the same time adopted, and Vermont was left to pursue her own course, with the sure warrant, however, of the disapprobation of Congress.t
* Slade's Vt. State Papers, p. 79. MS. letter from William Williams to Capt. John Sessions, dated July 7th, 1777.
+ By a resolution of the New York council of safety, passed at Kingston, July 17th, 1777, printed copies of the resolves of Congress referred to in the text
299
LETTER OF GEN. BAYLEY.
1777.]
In order to concentrate the troops not at that time in actual service, the New York council of safety had, on the 28th of May, requested Gen. Bayley to march the ranging company formerly commanded by Joab Hoisington, but now in charge of Capt. Benjamin Wait, to Kingston, there to receive further instruc- tions. Orders were accordingly issued, but it was found im- possible to procure money to support the men on their jour- ney, and for this reason they refused to advance. In a letter from Gen. Bayley, of the 14th of June, containing the reason of their refusal to obey orders, he adverted to the situation of the people inhabiting the north-eastern counties. He stated that he had received an ordinance from the state council of safety directing the election of state officers ; that the sheriff had given the proper orders to the different towns, but that it was not probable the people would choose any members to sit in the Legislature of New York. In this supposition he was cor- rect. A few days later, when a committee from Charlotte county visited Cumberland county, to obtain information as to the temper of the people east of the Green mountains, word was returned that "the New Hampshire Grants had declared themselves independent, and would not let the county commit- tees sit, nor permit anything to be transacted under the juris- diction of New York."
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