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15. A few days after the burning of Royalton there was one of the most extensive alarms in the County of Windham, experienced in Vermont during the war ; but it proved to be wholly groundless. It hap- pened, that as several men were surveying lands in Brookline, some of them undertook to imitate the In- dian war-hoop. In this they succeeded to admira- tion, and were heard by the inhabitants of Athens, who, supposing them to be real Indians, took fright, iled, and rapidly spread the alarm through the neigh- boring towns. Immediately all was terror and con-
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fusion. To their bewildered imagination every noise became the yell of the savage and every rock, and every tree of the forest, a lurking place for the cruel foe. With such precipitation did they flee from their farms and dwellings that the men left their teams har- nessed in the field and women their ovens heating and victuals cooking by the fire.
. 16. When the intelligence reached Colonel Ser- geant at Brattleborongh, he sent out orders into the different towns requesting their militia to assemble for the purpose of stopping the progress of the Indians who were laying waste the settlements. A snow storm had commenced and before night was so se- vere, as to render the flight of the inhabitants labori- ous and distressing ; and, as evening come on, nu- merous lights were seen along the horizon, which it was not doubted, proceeded from the conflagration of the dwellings of the inhabitants wantonly phinder- ed and set on fire by the Indians. This alarm spread over most of the country but was happily of short continuance. The brave soldiery marched into the deserted country, but they found nothing, but a deep snow, to interrupt their progress. The original cause of alarm was soon ascertained and the lights, by which it had been heightened, were found to proceed from the burning log and brush heaps, which had been fired by the industrious inhabitants of New Fane, and which had been set on fire as they saw the storm approaching.
17. On the 8th of March, 1781, a party of British and Indians made prisoners of Colonel Johnson, Ja- cob Page and Jonathan Elkins, and carried them to Canada. In the following summer, a scout consisting of four men from Peacham, while proceeding up Hazen's Road, were fired upon by a party of Indians. Two of them were killed and scalped and the other' two made prisoners. In 1782, a party of British and Indians, after killing one man and taking one prisoner at Newbury, proceeded to Corinth where they com-
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pelled the inhabitants to swear allegiance to the Brit- ish king. Other towns were also visited by small parties of the enemy in the course of the war, but during the period of the negotiation, mentioned in the last section, and while Vermont was wholly at their mercy, the parties did very little injuiry and probably had orders from the British generals not to molest the inhabitants.
. HISTORY OF VERMONT.
CHAPTER V.
PROCEEDINGS RELATIVE TO THE ADMISSION OF VERMONT INTO THE UNION.
SECTION I.
Extending from the completion of the eastern and western union with D'ermont on the 221 of June, 1781 to the dissolution of the same on the 22d day of February 1782.
1. Vermont, having completed her castern and western unions, as related in the preceding chapter, appointed Jonas Fay, Ira Allen, and Bezaleel Wood- ward, delegates to the American Congress_to negoti -
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ate her admission into the federal union. Full powers were given them to complete the arrange- ment ; and, if they effected their object they were authorized to take their seat in Congress as the representatives of Vermont. These delegates arrived at Philadelphia, in the beginning of August, and about the time of the publication of Lord Germain's letter, as already mentioned. On the 7th of August, 1781, Congress took up the subject of their mission, and appointed a committee of five persons to con- fer with the delegates from Vermont, and agree with them upon the terms of admission, provided Congress should see fit to recognize Vermont as an indepen- dent state.
2. On the 18th of Angust, a conference took place between this committee and the delegates from Ver- mont, at which sundry questions were proposed to the latter respecting the extent, population, and re- sources of Vermont, and the views and wishes of the inhabitants; to all of which answers were retur- ned. On the 20th, the committee made their report to Congress ; whereupon that body adopted the following resolution. "Resolved, That it be an in- dispensible preliminary to the recognition of the independence of the people inhabiting the territory called Vermont, and their admission into the federal union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river, and on the west side of a line beginning at the north west corner of Massa- chusetts, thence running twenty ales cast of Ind- son river, so far as said river continues northeasterly in its general course, then by the west bounds of the townships granted by the late goverment of New Hampshire, to the river runing into East Bay, thence along said river and bay to lake Champlain, thence along the waters of said lake to latitude 45 degrees north."
3. Vermont and New York were both dissatisfied
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RESOLUTIONS OF VERMONT LEGISLATURE.
with this resolution-Vermont, because it required as a condition of her admission into the union, that she should dissolve the agreeable connexions which she had just formed-New York, because it recog- nized the claim, against which she had so long and so earnestly contended ;- the one, because it bereft Vermont of one half her present territory, resources and importance-the other, because it would allow Vermont still to have something left, which she could call her own. This appears from the proceed- ings of their respective legislatures.
4. The legislature of Vermont met at Charlestown, on the east side of Connecticut river, in October, and on the 16th of that month, the foregoing resolutions were laid before them. The resolution held out to Vermont a faint prospect of an admission into the federal union with her original territory, but having lost much of her confidence in the assurances of Congress and having now consolidated her unions at home, she felt herself in a condition to demand bet- ter terms than the relinquishment of one half her territory and population, to secure the independence of the other half. After deliberating and debating upon the subject for several days, the assembly, on the 19th of October, voted that they could not com- ply with the foregoing resolution of Congress.
5. They declared that a compliance would destroy the foundation of the harmony which then subsisted in the state, and be a violation of the solem com- pact entered into by the articles of union and confederation -- that they would remain firm in the principles on which they had assumed the powers of government-that they would hold inviolate the articles of union, which connected the parts of the state together-and that they would submit the ques- tion of their independence to the arbitration of no power under heaven. They however declared their willingness to submit any questions, which might arise, with regard to jurisdictional limits between 15
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them and the neighboring states, to arbitrators mutu- ally chosen ; and, when admitted into the American union, they would not object to submitting such dis- putes to Congress.
6. The Legislature of New York, on the other hand, regarding the resolution of Congress as a vir- tual determination of the controversy between that state and Vermont, passed a number of resolutions, and a solemn protest against the proceedings of Con- gress. Having stated their claims, and some former proceedings of Congress on the subject, they went on to express their disapprobation and alarm at the evident intention of Congress, from political expedi- ence, to establish an arbitrary boundary, which ex- cluded from that state a great part of its territory. They declared that, in the opinion of the legislature, Congress had no authority, by the articles of confed- eration, to intermeddle with the territorial extent, or jurisdiction, of either of the United States, except in case of dispute between two or more states in the union,-that to carry into execution said resolution of Congress, would be an assumption of power and an infraction of the articles of confederation, and that they therefore solemnly protested against the same.
7. With the above mentioned resolution of Con- gress, a verbal message had been sent by General Washington to Governor Chittenden, desiring to know what were the real designs, wishes and inten- tions of the people of Vermont ;- whether they would be satisfied with the independence proposed in said resolution, or seriously thought of joining the enemy and becoming a British province. On the 14th of November, Governor Chittenden returned an unequivocal and decisive answer to the above com- munication, in which he said that no people on the continent were more attached to the cause of Amer- ica than the people of Vermont; but, that they would sooner join the British ju Canada, than submit to the government of New York-that, driven to des-
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DIFFICULTIES IN HER UNIONS.
peration by the injustice of those, who should have been her friends, Vermont was now obliged to adopt policy in the room of power. He ascribed the late resolution of Congress, not to the influence of friends, but the power of enemies, believing that Lord Ger- main's letter had procured that, which the public virtue of the people could not obtain.
8. During these proceedings, new difficulties were opening to Vermont in her eastern and western un- ions. A communication was received by Governor Chittenden from one of the sheriff's in the eastern union, informing him that the government of New Hampshire, were about taking coercive measures to bring those citizens of that state, who had joined Vermont, again under their laws and authority. The governor, on the 14th of December, directed Gene- ral Paine, then lieutenant governor of the state, to call out the militia on the east side of the mountains, for the assistance of the sheriff's and the defence of the citizens ; and, if armed force should be employ- ed by New Hampshire, that he should repel it by the same. Mr Pame forwarded a copy of this order to the council of New Hampshire, and informed them, that, if hostilities were commenced, he should execute his orders, and that New Hampshire must be accountable for the consequences. With these com- munications, commissioners were also sent to New Hampshire, to endeavor to accommodate matters, and prevent the effusion of blood.
9. On the other hand a military force was called out in New York, to prevent Vermont from execu- ting her laws over the inhabitants of her western union, and to aid the sheriff of New York in appre- hending several persons in the territory who had rendered themselves particularly obnoxious to the government of that state. This force was command- ed by General Ganesvoort, who, being informed that Colonel Walbridge was advancing with a large body of troops from the grants, wrote to him on the 18th
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of December, to be informed of the object of his movement. Walbridge replied that it was to pro- tect the inhabitants, who, in consequence of the union, professed allegiance to the state of Vermont ; that he wished conciliatory measures might be adopt- ed, but, if those persons who professed to be citizens of Vermont, should be imprisoned and their property destroyed, he would not be accountable for the con- sequences.
10. Affairs seemed now to have reached an alarm- ing crisis, and all parties trembled at the prospect of a civil war. Happy was it that hostilities were not commenced before the parties had taken time to re- flect upon the consequences of such a measure ; for when they looked at the momentous struggle in which their country was engaged, every philanthropist was fully convinced that no differences between the states should, on any account, be permitted to endanger the cause of American liberty and independence, Fortunately, about this time, Gevornor Chittenden received a letter from General Washington, dictated by his paternal solicitude for the good of his country, and for a happy termination of the troubles in rela- tion to Vermont. This letter is dated January 1st, 1782, and from it we extract the following paragraph.
11. "It is not my business, nor do I think it necessary, now to discuss the origin of the right of a number of inhabitants, to that tract of country, formerly distin- guished by the name of the New Hampshire grants, and now by that of Vermont. I will take it for granted that their right was good because Congress, by heir resolve of the 7th of August, imply it ; and by that of the 20th are willing fully to confirm it, provided the new state is confined to certain de- scribed bounds, It appears therefore to ine, that the dispute of boundary, is the only one that exists ; and, that being removed, all other difficulties would be removed also, and the matter terminate to the satisfaction of all parties. You have nothing to do,
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WASHINGTON'S LETTER TO GOV. CHITTENDEN,
but to withdraw your jurisdiction to the confines of your own limits, and obtain an acknowledgement of independence and sovereignty under the resolve of the 20th of August, for so much territory as does not interfere with the ancient established bounds of New Hampshire, New York and Massachusetts. In my private opinion, while it behoves the delegates to do ample justice to a people, sufficiently respecta- ble by their numbers and entitled, by other claims, to be admitted into the confederation, it becomes them also, to attend to the interests of their constit- uents, and see, that under the appearance of justice to one, they do not materially injure the others. I am apt to think this is the prevailing opinion of Congress."
12. Being endeared to all the friends of liberty by his integrity and virtue and by his disinterested ex- ertions and sacrifices for the good of his country, such a communication from General Washington might reasonably be expected to exert a powerful influence upon the minds of the leading men in Vermont, and the event showed that it did. At the next meeting of the legislature, which was held at Bennington, this letter was laid before them. It served to open their eyes to the former errors of government, and, knowing it to have come from a man, who had only the interests of his whole country at heart, his advice was received with the greatest defer- ence, and after mature deliberation upon the subject, the assembly on the 22d of February, 1782, resol- ved to comply with the preliminary required by the resolution of Congress on the 20th of August, and relinquish all claims to jurisdiction beyond the bounds therein mentioned.
13 Thus was dissolved a union which had greatly increased the power and consequence of Vermont, and which, it was believed, had prevented the divis- ion of Vermont, between New Hampshire and New York. But this union was not dissolved without a *15
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struggle and much dissatisfaction in those parts which were cut off from Vermont, by the prescribed boundaries. The inhabitants of those parts had eagerly sought the union with Vermont, and they were too well satisfied with it willingly to return to their allegiance to those states from which they had withdrawn.
14. Vermont, having complied with the requirements of Congress, now confidently expected an immedi- ate recognition of her independence, and an admis- sion into the federal umion ; and with it a termina- tion of the disagreeable controversy with New York. The legislature therefore proceeded to choose four agents to arrange the terms of admis- .sion, and then take their seats in Congress as rep- resentatives of Vermont. But in their expectations the people of Vermont were again doomed to dis- appointment ; a disappointment, the pain and mor- tification of which could only be exceeded by the impolicy and injustice of the neglect which occa- sioned it. Congress still refused to admit Vermont into the union and again reverted to her policy of evasion and delay.
SECTION II.
Proceedings of Congress-Disturbances in Vermont- from the Dissolutions of the unions in Vermont Feb. 22d, 1782, to the Treaty of Peace between the United States and Great Britain, January 20th, 1783.
1. The refusal of Vermont on the 18th of October, 1781, to comply with the resolution of the 20th of August, had been communicated to Congress, and while the assembly of Vermont, in February 1782, was reconsidering the subject and effecting a com-
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AGENTS REPAIR TO CONGRESS.
pliance with said resolution, Congress was engaged in warm debate upon their preceding refusal. On the first day of March, several spirited resolutions were proposed and discussed in Congress. These resolutions declared that, if Vermont did not, with- in one month from the time these resolutions were communicated to Governor Chittenden, comply with the resolution of the 20th of August, and relinquish her jurisdiction beyond the bounds therein named, such neglect and refusal would be regarded as an indication of hostility to the United States.
2. In that case Congress would regard the pre- tensions of Vermont for admission into the union as fallacious and delusive, and, would thereafter consid- er the lands in Vermont to the eastward of the ridge of the Green Mountains, as granted to New Hamp- shire, and the lauds to the westward of said line as granted to New York ; and that the commander in chief of the American armies be directed to employ the military forces of the United States to carry these rosolutions into full execution. After a long debate and several trials, it was found that a vote could not be obtained to pass these resolutions, and a few days after, as the excitement was begin- ning to subside, the agents from Vermont arrived at Philadelphia.
3. These agents were Jonas Fay, Moses Robinson, Paul Spooner, and Isaac Tichenor, and they were instructed "to negotiate and complete on the part of Vermont, the admission thereof into the federal union, and to subscribe articles of perpetual confed- eration thereunto." On the 31st of March, 1782, they .officially laid before Congress the proceedings of the legislature of Vermont on the 22d ef Februa- ry, by which they had fully complied with the re- quirement of the resolution of the 20th of August. Congress now again took up the subject and refer- red it to a committee of five members, who, on the 17th of April, reported ;- That in the opinion of the
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HISTORY OF VERMONT.
committee, Vermont had fully complied with the resolution of the 20th of August as preliminary to the recognition of her sovereignty and independen ce and admission into the federal union ; and that the, conditional promise of such recognition and admis- sion by Congress, is thereby become absolute and necessary to be performed.
4. The committee then proposed a resolution declaring " That the district, or territory called Ver- mont, as defined and limited in the resolution of Congress of the 20th of August, 1781, be, and it hereby is, recognized and acknowledged, by the name of the state of Vermont, as free, sovereign and independent; and that a committee be appointed to . treat and confer with the agents and delegates from said state, upon the terms and mode of the ad- mission of said state into the federal union." When this report was read, motions were successively made that its consideration be assigned to the first Tues- day in October, the first Tuesday in June, and to Monday next, all of which were decided in the nega- tive.
5. By these votes it became evident that Congress did not intend to come to any decision upon the affairs of Vermont, and the agents, of Vermont disap- pointed at the result, addressed a letter to the presi- dent of Congress on the 19th of April, and immedi- ately left Philadelphia. In this communication they say, that in consequence of the plighted faith of Con- gress, and the advice of gentlemen of the first charac- ter in America, Vermont had been induced to comply in the most ample manner with the resolu- tion of the 20th of August, and that they had officially communicated said compliance to Congress They expressed their disappointment at the delay o Congress to execute, on their part, the spirit of said resolution, and pointed out the critical situation, to which Vermont was reduced by casting off a considerable portion of her strength,-by being ex-
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posed to the main force of the enemy in Canada, and by receiving no aid from the United States, in whose cause she had freely fought and suffered.
6. When these proceedings of Congress became known in Vermont they produced universal dissatis- faction. It was the general opinion that the resolution of the 20th of August, had been designed to dupe the assembly to a compliance for the purpose of weak- ening Vermont and rendering it less dangerous to contravene her designs and wishes. Faith in the virtue and integrity of Congress was nearly destroy- ed ; and by these measures of that body, the people, and the assembly of Vermont, were determined to adhere to the boundaries, to which they had agreed, and rely upon their own strength, resources, and management for defence and safety ; and urge no further upon Congress their right to a co .federa- tion with the United States. Still, that it might appear to the world that Vermont was not in fault, the assembly at their session in October, again appointed agents with full powers to complete arrangements for her admission into the union.
7. Notwithstanding the unsettled and embarrassing state of her relations to Congress and the neighbor- ing states, the internal tranquility of Vermont had been for some time, but little disturbed. Her polit- ical institutions had been gradually maturing, and the organization of her government had assumed a regularity and efficiency which commanded the obedience and respect of the great body of the cit- izens. New York had not relinquished her claim to jurisdiction over the territory, but she had not, of late, made any serious effort to exercise it ; and had con- tented herself with opposing the admission of Vermont into the union. Still there were some among the citizens of Vermont, whose submission was reluctant, and who were ready to embrace any favorable opportunity to renounce their allegiance and support the claims of New York.
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8. As the continental troops had been withdrawn from the northern frontier, and as Vermont was exposed to invasion by the enemy from Canada, she found it necessary to order a draft of militia for the purpose of defence. Those citizens of Vermont, who were disaffected toward the goverment, resol- ved to take this opportunity to resist its authority. They were encouraged in this measure by the governor of New York, who gave commissions to sundry persons in the southeastern part of the coun- ty of Windhain, and had recommended the organi- zation of a military force for the purpose of opposing Vermont, and enforcing the laws of New York. Vermont became alarmed at these proceedings, and, . having employed lenient measures in vain, ordered out the militia to suppress them. The leaders in the rebellion were taken, five of the most obnoxious of whom were banished from the state, and the oth- ers fined or otherwise punished.
9. Disappointed in their attempts to resist the authority of Vermont, the insurgents applied to the government of New York, under which they preten- ded to have acted, for support and renumeration for their sacrifices and losses in consequence of their re- bellion. But the desired support New York was not able to afford. Vermont feared not her power, and therefore her promises and her threatenings were alike disregarded. A remonstrance was then for- warded to Congress setting forth that Vermont bad proceeded to exercise jurisdiction over the persons and properties of sundry persons, who professed themselves to be subject to the state of New York ; This remonstrance was seconded by a letter from the governor of New York, and on the 14th day of November, 1782, the committee in Congress to whom the subject was referred, reported "that the measures complained of were probably occasioned by the state of New York having given commissions both civil and military, to persons residing in Ver-
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mont." They also recommended, that said com- missions be revoked, and that Vermont should make satisfaction to the persons, who had been banished, or who had sustained damages. But Congress re- fused to adopt the resolutions recommended.
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