History of the state of Vermont; for the use of families and schools, Part 14

Author: Thompson, Zadock, 1796-1856
Publication date: 1858
Publisher: Burlington [Vt.] : Smith and company
Number of Pages: 514


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10. On the 5th of December, Congress again took up the matter, but instead of fulfilling their engage- ment to Vermont made by the resolution of the 20th of August, 1781, their proceedings were full of cen- sure and threatening against Vermont, for having ex- ercised authority over persons, who professed allegi- ance to the state of' New York, in violation of the resolutions of Congress, passed on the 24th of Sep- tember, 1779, and on the 2d of June, 1780. Among other things they resolved, that Vermont be requir- ed to make fill restitution to the persons condemn- ned to banishment or confiscation of property, and that they be not molested on their return to said dis- trict. They close by resolving "that the United States will take effectual measures to enforce a com- pliance with the aforesaid resolutions, in case the same shall be disobeyed by the people of the said district."


11. The faith of the people of Vermont in the wisdom and integrity of Congress, weakened by several of their former acts, was by the foregoing nearly destroyed, and with it the reverence and res- pect of the people for that body. The governor and council of Vermont returned a spirited remonstrance to the above resolutions, in which Congress was re- minded of their solemn engagement to the state of Vermont, in the resolution of the 20th of August, and which, after the fullest compliance on the part of said state with the requirement of Congress, Con- gress had refused or neglected to fulfill. Congress were told, that, by their own articles of confederation, they had no right to intermeddle with the internal policy of any of the United States; and least of all with that of Vermont, from which she had received


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no delegated authority whatever. It asserted that Vermont had as much authority to prescribe meas- ures to Congress, as Congress had to revoke the le- gal decisions of Vermont in the case of the criminals already mentioned.


The remonstrance went on to assert that Vermont had had an independent jurisdiction since the royal decision in 1764, and that they did not intend to be resolved out of it by the influence, which their old adversary, New York, possessed in Congress :- that Vermont had no controversy with the United States, as a whole ; but that she was at all times, ready and able, to vindicate her rights and liberties against the usurpations of New York. It declares that Congress has been so mutable in their resolutions respecting Vermont, that it is impossible to know on what grounds to find them. At one time they guarantee a part of her lands to New Hampshire and New York, still leaving a place for the existence of Ver- mont though mich diminished in extent. At another time they are controlling the internal government of Vermont. . And again, at another time prescribing terms of confederation, with the United States and when these are complied with on the part of Vermont, Congress will not ratify the mion.


14. After giving a full reply to all the topics con- tained in the resolutions of Congress, the remon- strance concludes with a request to be immediately admitted into the union, and with an assurance that she will not recede from her compliance with the resolution of the 20th of August 1280. The assem- bly met at Windsor in February 1783, and on the 26th, a remonstrance, like the preceding, spirited and decisive, was forwarded by that body to Congress. It announced in the plainest terms that Congress had no business to intermeddle in the internal affairs of Vermont, and that Vermont was fully determined to maintain her independence and jurisdiction within her own limits. She therefore continued, unawed


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DISTURRANCES IN WINDHAM COUNTY.


by the threatenings of Congress, to enforce the decis- ions of her courts of justice and in the administration of the affairs of government, and Congress, it appears, did not judge it prudent to attempt, by force to carry into effect her resolutions of the 5th of December 1782.


SECTION III.


Disturbances in Vermont growing out of the controversy with New York.


1. The disturbances in the county of Windham, to which we alluded in the preceding 'section, per- haps deserve a more particular notice than was there given. At the first organization of the government of Vermont in 1778, there were many people in the southeastern part of the state, who were in favor of New York and of course opposed to the indepen- dence of Vermont. These persons embraced every opportunity to embarrass the newly organized gov- ermnent, and at several times resisted the authority of Vermont by force. The centre of this opposition seems to have been at Guilford, at that time the most populous town in the state numbering nearly 3000 souls. During most of the revolutionary war a ma- jority of the inhabitants of this town were friendly to New York and were therefore denominated " York- ers ;" and at their town meetings it was usually a part of their business to appoint " a connnittee to de- fend the town against the pretended state of Ver- mont."


2. In several of the neighboring towns, particularly in Brattleborough, the disaffected towards the govern- ment of Vermont were considerably numerous, and there was in these towns an organized opposition to the government of the state, and conventions of 16


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delegates from them occasionally assembled for the purpose of adopting an uniform plan of resistance throughout the whole. The measures of the gov- ernment, most vigorously opposed, were the collec- tion of taxes and the drafting of men for the defence of the state ; and it was a customary part of their bu- siness at their town meeting in Guilford, whi e the Yorkers were a majority, to appoint a special "com- mittee to forbid the constable acting." And to secure a majority at their meetings the new state people were frequently excluded from the polls by an arm- ed force, collected from the neighboring towns.


3. It appears that in Guilford and in some of the other towns, the two parties had each a town organi- zation of their own, and that, iti some cases there ' were two sets of town officers, one professing alle- giance to Vermont and the other to New York. Be- tween these, and their partizans on each side, there were frequent skirmishes, some of which were not terminated without the shedding of blood. During the years 1783, and 1784, the enmity of the parties was carried to an alarming extent. Social order was at an end ; Physicians were not allowed to visit the sick without a pass from the several committees. Handbills from various quarters inflamed the minds of the people. Relatives and neighbors were arrayed against each other. The laws of Vermont were dis- regarded by the partisans of New York and her ex- ecutive officers were openly resisted.


4. In this state of things, in the summer of 1783, General Ethan Allen was directed to call out the militia for enforcing the laws of Vermont, and for suppressing insurrection and disturbances in the county of Windham. Allen proceeded from Ben- nington at the head of 160 Green Mountain Boys, and on his arrival at Guilford, he issued the follow- ing proclamation. "I, Ethan Allen, declare that un- less the people of Guilford peaceably submit to the au- thority of Vermont, the town shall be made as deso-


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late as were the cities of Sodom and Gomorrah " The Yorkers having fired upon Allen and his men, were pursued, and all either taken prisoners or dispersed. Those, taken, were put under bonds for their good behavior and were compelled to furnish supplies and quarters for the troops. Under Allen's martial law the constable found no difficulty in the collection of taxes : nor was he very serupulous about the sum assessed in the tax bill Produce, horses, cattle and sheep, and whatever else could be found belong- ing to the most violent Yorkers were taken and sold for the benefit of the state.


5. During the following winter the disturbances became still more serious. On the night of the 17th of January, 1784, a party of Yorkers from Guilford attacked the inn of Josiah Armis in Brattleborough, which was the quarters of General Farnsworth, Ma- jor Boyden, Constable Waters, and some others holding offices under the government of Vermont, and demanded the immediate surrender of Waters, who had been guilty of extorting taxes from persons professing alk giance to New York. Not being in a condition to make an effectual resistance to an ar- med force, Waters voluntarily surrendered himself into the hands of the Yorkers, but not till after they had fired about 30 balls through the house, and wounded Major Boyden in the leg, and shot a travel- ler through the thigh. Waters was carried into Mas- sachusetts, but the party being pisued by a few Vermonters, he was released the next day and returned.


6. The legislature of Vermont had, at their session in October, "voted to raise 200 men for the defence of Windham county against the Yorkers." After the affair at Brattleborough, finding the people of Guilford determined to oppose the collection of tax- es, Colonel.S. R. Bradley, at the head of this force, proceeded, January 18th, to that town for the purpose of enforcing the collections. The parties of Yorkers


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were all dispersed without opposition, excepting one which had collected near the line of Massachusetts. This party consisting of 25 men, fired upon the Vermonters as they advanced, by which one man was severely wounded. The Yorkers then retreated with all possible speed, over the line into Massachu- setts. Several of the leaders were, however, taken and brought to merited punishment by whipping, fine, and pillory. Another skirmish occurred on the 5th of March, between a company of Vermonters under Captain Knights, and a party of Yorkers near the south part of Guilford, in which the latter had one man killed and several wounded.


7. These disturbances continued during most of the year 1784; but before the close of the year, the Yorkers, found their property mostly confiscated, and themselves so harshly handled, by the civil and military authority of Vermont, that they either sub- mitted and took the oath of allegiance to the state, or abandoned the country, and settled in other pla- ces. The greater part of them fled into the state of New York, and settled npon lands especially granted by that state for the benefit of these sufferers. This dispersion of her partisans from the county of Wind- ham terminated the attempts of New York, to main- tain her authority in Vermont by means of a military force ; and although she did not readily acknowledge the independence of Vermont, she probably, from this period, relinquished all hope of overthrowing the government of Vermont, or of preventing the final acknowledgement of her independence by Congress.


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CONDITION OF VERMONT AFTER THE WAR.


SECTION IV.


Settlement of the Controversy with New York, and the Admission of Vermont into the Union.


1. On the 20th of January, 1783, the preliminary articles of peace were signed, which terminated the war with Great Britain, and established the inde- pendence of the united colonies. By this event, Congress was freed from their embarrassments with regard to Vermont, and Vermont was released from all her fears. The British army upon the northern frontiers of Vermont, whose efforts had been so long palsied by the artful policy of few individuals, Was now withdrawn, and the people of Vermont, having now no external foes to dread, ceased to be solicitons for an immediate union with the confeder- ated states. They observed that the Congress of the United States was becoming embarrassed in their proceedings -- that their currency had failed- their revenne was dried up-their armies unpaid and dissatisfied-their credit gone-and the confi- dence of the people in their wisdom and ability, nearly destroyed.


2. Vermont, on the other hand, in consequence of being refused admission into the union, found her- self freed from all these difieuhies. The United States had incurred an immense debt in the prose- cution of the war, but the calls of Congress upon the people for money to pay this debt, could not reach into Vermont. Vermont, it is true, was obliged to pay the forces, which she has raised for her own defence, but these had been few, as she had, during much of the war relied for safety more upon her policy, than her power. As much of the territory of Vermont was at this time ungranted, and at the dis- posal of the government, and as numerous apphea- tions were now made for these lands by settlers, who 16*


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were flocking in from other states; Vermont was thereby enabled to supply her own treasury and to pay her debts without imposing oppressive taxes upon the people.


3. Thus, by one of those sudden transactions, which are not uncommon in human affairs, was Vermont brought from a condition the most difficult and embarrassed, to a state of safety and happiness exceeding that of any of her neighbors. Invited by the mildness of the goverment, the comparative ex- emption from taxes, the fertility and cheapness of the lands, large additions were annually made to the population, and resources of Vermont by emigrants from other states. The government had attained an . efficient organization-had learned wisdom from past experience-the people were cortented and happy under it-and as they felt that their own situ- ation was better than that of the people of the neigh- boring states, they felt no longer any solicitude to be admitted into the confederation,


4. The affairs of Vermont remained in this situa- tion for several years after the close of the war. Dur- ing this period the leading statesmen and philanthro- pists in the United States became alarmed at the operation and tendency of public affairs. They per- ceived that the powers, with which Congress was invested, were wholly inadequate to the purposes of government and that a more solid and efficient or- ganization was indispensable in order to secure that liberty and independence, which they had purchased with so much blood, and toil, and treasure. There- fore at the suggestion of James Madison of Virginia and in conformity with a resolution of Congress, a convention of delegates, from the several states as- sembled at Philadelphia in 1787, and after mature deliberation adopted a constitution, by which Con- gress should afterwards be furnished with powers adequate to the exigencies of the government. This constitution was ratified by the states and the first


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RECOGNITION OF THE FEDERAL GOVERNMENT.


Congress assembled under it on the 3d of March, 1789.


5. After the adoption of the federal constitution the policy and proceedings of the new Congress were carefully observed by the people of Vermont. During two sessions they found the government la- boring to restore public confidence by providing for the payment of the public debts and by the establish- ment of equal law and justice in every department of the federal government. Their measures appear- ed to be marked with so much wisdom and prudence, as, in a great degree, to restore to the people of Ver- mont that confidence in the federal government, which had been destroyed by the evasive and vacil- lating policy of the old Congress, and to remove the aversion, which they had sometime felt, to a confed- ercy with the United States.


6. The ancient difficulty with New York, however, remained unsettled. That state well knew that Ver- mont would now remain a free and independent state, and she probably felt but little anxiety that it should be otherwise. But the former governors of New York had made grants of large tracts in Vermont the validity of which, the goverment of Vermont refused to admit, and the grantees were constantly complaining to the government of New York, of the injuries done them in not being permitted to take possession of their property. New York did not conceive that she was under very strong obligation to refund what had been extorted for these grants by the cupidity of the royal governors of that province before the war, yet she manifested a disposition to compromise the matter and have the difficulties ad- justed on amicable terms.


7. Events also occurred in relation to the federal government, which disposed New York still more, to admit the independence of Vermont, and to wish her confederation with the United States. It was per- ceived that by the exclusion of Vermont, the castern


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states were deprived of their just representation in Congress, and New York could not but see, that, if their old difficulties could be settled, the interests and influence of vermont would in almost every instance coincide with her own. It therefore soon became ap- parent that public sentiment in N. Y. was in favor of a reconciliation. Vermont, it was said, is in full pos- session of independence ; her government is as well organized and administered, as that of the other states ; and shall a controversy, which originated in the cupidity and oppression of royal governors and councils, whose authority has long been extinct, be permitted to mar the constellation of America and deprive the north of its just weight in the council of . the nation ?


8. In accordance with these conciliatory views, the legislature of New York, on the 15th of July, 1789, passed an act, appointing commissioners with full pow- ers to acknowledge the sovereignty of Vermont, and adjust all matters of controversy with that state, On the 23d of October following, the legislature of Ver- mont appointed commissioners on their part to treat with those of New York, and to remove all obstruc- tions to the admission of Vermont into the union. The commissioners on both parts were very anxious that an adjustment should be effected, and the only point, which occasioned any debate, was the amount of compensation, which claimants under New York grants should receive from Vermont, an account of her having regranted the same lands and excluded the New York grantees from their possession. But the settlement of this point, after two or three meetings, was amicably agreed upon by the commissioners.


9. On the 7th of October, 1790. " the commission- ers for New York, by virtue of the powers to them granted for that purpose, declared the consent of the legislature of New York, that the state of Vermont be admitted into the union of the United States of America ; and that immediately upon such admission,


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all claims of jurisdiction of the state of New York, within the state of Vermont, shall cease ; and thence- forth the perpetual boundary line between the state of Vermont shall be as was then holden and pos- sessed by Vermont," that is, the west lines of the most western towns which had been granted by New Hampshire, and the middle channel of Lake Cham- plain.


10. With regard to the lands which had been gran- ted by New York. " the said commissioners by virtue of the powers to them granted, declare the will of the legislature of New York, that if the legislature of the state of Vermont should, on or before the first day of January, 1792, declare that on or before the first day of June, 1794, the state of Vermont would pay the state of New York, the sum of thirty thousand dollars, that immediately from such declaration by the legislature of the state of Vermont, all rights and ti- tles to lands wihin the state of Vermont, under grants from the government of the colony of New York, or from the state of New York, should cease," those ex- cepted, which had been made in confirmation of the grants of New Hampshire.


11. This proposal and declaration being laid before the legislature of Vermont, they very readily agreed to the plan, which had been concerted by the com- missioners from both states; and on October 28, 1790, passed an act directing the treasurer of the state, to pay the sum of thirty thousand dollars to the state of N. Y. at the time proposed ; adopting the west line above mentioned as the perpetual boundary between the two states ; and declaring all the grants, charters and patents of land, lying within the state of Vermont, made by or under the late colony of New York, to be null and void, those only excepted which had been made in confirmation of the grants from New Hamp- shire.


12. Thus was terminated a controversy which had


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been carried on with great spirit 'and 'animosity for twenty six years; and which, bad, on the part of Vermont called into exercise native courage and tal- ents, which have few parrallels in ancient or modern times. The defficulties with New York, being ad- justed, the legislature of Vermont, proceeded to call a convention for the purpose of ascertaining the views of the people with regard to an union with the United States. This convention assembled at Ben- nington on the 6th day of January, 1791, and after deliberating and debating the subject for four days, it was finaly voted, yeas 105, and nays 2, that applica- tion be made for admission into the federal union ; and the convention was then dissolved.


13. On the 10th of January, 1791, the legislature of Vermont, met at Bennington, and on the 18th, they chose the Hon. Nathaniel Chapman, and Lew- is R. Morris Esq. commissioners to attend Congress and negotiate the admission of Vermont, into the un- ion. These commissioners immediately repaired ' to Philadelphia, and laid before the president the pro- ceedings of the convention and legislature of Ver- mont ; and on the 18th of February, 1791, Congress passed an act which declared "that on the 4th day of March, 1791, the said state by the name and style of " the state of Vermont," shall be received and ad- mitted into their union, as a new and entire member of the United States of America." .This act was passed without debate, and without a dissenting vote, and by it were terminated all the controversies with regard to Vermont.


HISTORY OF VERMONT.


CHAPTER VI.


CIVIL POLICY OF VERMONT AFTER HER ADMISSION INTO THE UNION.


SECTION I.


Extending from the admission of Vermont into the Un- ion in 1791, to the resignation and death of Governor Chittenden in 1797.


1. We have now traced the history of Vermont from the earliest settlements down to the time of her admission into the federal union. Thus far her his- tory has been peculiar to herself, and has been filled with incidents of uncommon interest ; the more so on account of their imlikeness to what happened in any other individual state. Previous to the revolution all the original states of the union were provinces under the crown of England, each having an organized provincial government. But not so with Vermont. She had never been recognized by the crown as a separate jurisdiction ; ner had she herself, after the royal decision in 1764, by which she was placed un- der New York, ever recognized the authority of that province, or of any other external power. She had


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found herself in a state of nature, and her citi- zens had formed themselves into a body politic- into a little independent republic, for their mutual benefit and defence, and by the wisdom and prudence of her statesmen, she had succeeded in organizing an efficient government for the regulation of her internal affair, and had adopted a system of jurisprudence ful- ly adequate to the wants of the people.


2. But from the time of the admission of Vermont into the federal union, her history loases in a great measure, its separate and peculiar character, and be- comes, either a part of the history of the United States, or resembles, in its leading features, that of the other individual states. We have therefore re- served only a small portion of our little volume for this period of our history, and, consequently, we shall not hereafter attempt to trace the course of political events with that minuteness which we have hitherto observed. At the time Vermont became a member of the confederacy, her own government had become systematic and stable by the practical experience of thirteen years and that of the United States had heen placed upon the foundation of its present constitution. At the head of these governments were two men, who were endeared to the people by their long and disinterested public services, and in whose abilities and virtues the fullest confidence was reposed. These men were Thomas Chittenden, governor of Vermont, and George Washington president of the United States.


3. From this era in the history of Vermont and in that of the United States, the two governments, though occasionally slightly agitated by the becker- ings of party, have gone steadily onward in the ca- reer of prosperity, diffusing their blessings through every portion of community. The tranquility of Vermont was, for several years, scarcely effected by the policy and intrigues of demagogues and aspirants after office. The attachment of the peo-




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