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40. This engagement, though undecisive, was ad- vantageous to the Americans. The British lost in killed, wounded and prisoners, more than 500 men, while the loss of the Americans amounted to 61 killed, 217 wounded and 38 missing. But the principal ad- vantage arose from the new impressions which were made upon the minds of the royal army. They had hitherto regarded the American army as an assem- blage of unorganized cowardly Yankees, which could
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BATTLE OF THE SEVENTH OF OCTOBER.
never be brought to face regular British and German troops upon the field of battle. And when they came to see those, whom they regarded as despicable back woodsmen, maintaining, in their rustic homespun and leather aprons, with no other arms than rusty fowling pieces, an animated and determined attack upon the royal troops, till darkness put it out of their power to continue it, their hearts sunk within them, and the most sangnine could not suppress fearful forebodings with regard to the termination of their expedition.
41. The Indians in particular, were so disheartened, that nearly all of them immediately left the British service, and about 250 of them came over and joined the American army. The Canadians and Tories also deserted in large numbers. From the 20th of Sep- tember to the 7th of October, the two armies lay very near each other and skirmishes between small parties were continually kept up. During this time the American army was receiving daily accessions from the surrounding country, while that of the British was continually diminishing by desertion and other causes. On the 7th, General Burgoyne put himself at the head of 1500 regulars, for the purpose of cov- ering a foraging party and discovering whether it would be possible to force a passage down the Hud- son, should it be found necessary to alter his position.
42. As soon as Gates received intelligence of the marching of this detachment, he put his troops in motion to meet them, and about four o'clock in the afternoon an action commenced which continued till night, and was one of the most animated and obstinate ever fought in America. The British troops were at length compelled to retreat to their camp, and some of their entrenchments were carried by the Americans sword in hand; their loss in the conflict was very severe, compared with that of the Americans. Gen. Fraser, Col Breymen and several other officers were slain, and Sir James Clark, Major Williams and Major Ackland were wounded and taken prisoners. The 10*
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HISTORY OF VERMONT.
Americans took in the whole 200 prisoners, nine pie- ces of camion, and a large quantity of amunition and camp equipage.
43. As the force of Burgoyne was thus constantly diminishing, while that of Gates was daily augment- ing by fresh arrivals, it became obvious that nothing short of a retreat to Canada could now prevent the complete overthrow of the royal army. This Bur- goyne attempted as a dernier resort, but soon found that the Americans had so completely hemmed him in, as to render it utterly impracticable. Gates now employed every means to cut off the supplies of the enemy and the situation of the royal army became so desperate, that, on the 13th of October, Burgoyne called a council of war by which it was unanimously determined to propose a capitulation The next day, Major Kingston was sent to the Americans ; hostilities were suspended ; and onthe 15th and 16th, the articles of capitulation were severally agreed upon, and were to be signed the next day. During the night of the 16th, Burgoyne received intelligence that a British army was advancing up the Hudson to his assistance ; and as the capitulation was not yet signed, he was of opinion that it was best to suspend the execution of it, and trust to events. But his council decided that the public faith was already pledged for the execution of the treaty.
44. Gates, who was well apprised of the advance of the British up the Hudson, and fearful that Bur- goyne might be encouraged by it to further resistance, got every thing in readiness for attacking him on the morning of the 17th. At nine o'clock, the time fixed for signing the articles, he sent Colonel Greaton on horse-back to General Burgoyne for his signature, allowing him only ten minutes to go and return. The business was accomplished in the time specified, and the Americans marched back to their camp to the tune of Yankee-Doodle. The whole number of troops, which were surrendered by this capitulation,
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SURRENDER OF BURGOYNE.
was 6219, together with all the arms and military stores belonging to the British army.
45. This event terminated the career of Burgoyne and of the northern British army in America, and nearly put an end to the war in the vicinity of Vermont. The regular force under Gates was moved offto com- bat the enemy in other quarters, and the sturdy yeo- manry, who had rallied around his standard and fought the battles of their country, now returned to their homés. The country which had been made deso- late by the ravages of war, began again to be inhabited ; and the inhabitants were allowed once more to de- vote their attention to their civil and domestic affairs.
46. We have been thus particular respecting the invasion of Burgoyne, as well on account of its effects in breaking up the settlements in the western parts of Vermont, as of the important part performed by the Green Mountain Boys in checking, and finally captivating the British army. In this business the people of Vermont made common cause with those of other states, and we have therefore not interrupted our account of the great events of the Revolution which transpired upon our borders, by any account of our internal policy. We shall, however, proceed in the next chapter, to consider more particularly the situation of Vermont, with respect to her internal government, and her relations to the neighboring states, and to the British forces in Canada, during the war for Independence,
HISTORY OF VERMONT.
CHAPTER IV.
CIVIL POLICY OF VERMONT DURING THE REVOLUTION.
SECTION I.
From the year 1775, to the Declaration of the Indepen- dence of Vermont in 1777.
1. Having completed our account of those impor- tant events in the American war,in which the people of Vermont were more particularly concerned, we shall now turn our attention to their internal policy, and endeavor to trace the successive steps by which the powers of government were assumed, and their po- litical fabric erected. The New Hampshire grants, having never been recognized by the king as a sep- arate jurisdiction, and having ever refused submission to the authority of New York, were, at the commence- ment of the revolution, nearly in a state of nature, being without any internal organization under which the inhabitants could act with system and effect. Their only rallying point and bond of union was their common interest in resisting the claims and an- thority of New York. Yet the same interests which drove them to resistance, gave the effect of law to the recommendations of their committees, while a few bold and daring spirits, as if formed for the very
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CONVENTION AT DORSET.
occasion, gave impulse, and energy, and system to their operations.
2. Thus stiuated, were the inhabitants of the New Hampshire grants, when the first scene of the great drama of the revolution was opened at Lexing- ton, and as all lesser lights are swallowed up in the superior splendor of the sun, so were all the minor controversies among the colonists for a while absorbed in the more momentous controversy with the mother country. But the partial relief, now experienced, from the oppression of New York, served only to discover to of the inhabitants of the grants, the frailty of their bond union, and to convince them of the necessity of a better organization, both to enable them to maintain the grounds, which they had assumed in relation to New York, and to put it in their power to render effi- cient aid to their countrymen in the contest with Great Britian.
3. Accordingly, in the fall of the year 1775, several of the leading men in the grants, repaired to Phila- delphia, where the American Congress was then sitting,to procure the advice of that body with regard to the course proper to be pursued, under existing circumstances, by the inhabitants of the grants. Congress did not act formally upon their request, but on the return of these men to the grants, they spread circulars among the people, setting forth as the opinion of several influential members of that body, that the inhabitants should immediately form a temporary association and adopt such regulations as were required by the exigencies of their situation.
4. A convention of delegates from the several town- ships was according assembled at Dorset, on the 16th of January, 1776. This convention forwarded a pe- tition and address to Congress, in which, after giv- ing a brief sketch of the controversy with New York, they avowed their unwavering attachment to the cause in which the colonies had unsheathed the sword, and expressed their willingness to bear their full
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HISTORY OF VERMONT.
proportion of the burden of prosecuting the war. But at the same time, they declared their unwillingness to be considered as in any manner subject to the authority, or jurisdiction of New York, or to be called upon, when their services should be required, as inhabitants of that province.
5. This was the first petition of the inhabitants of the grants to Congress, and the committee to whom it was referred reported, that it be recommended to the petitioners to submit for the present to the gov- ernment of New York, and assist their countrymen in the contest with Great Britain ; but that such submission ought not to prejudice their right to any lands in controversy, or be construed to affirm, or admit, the jurisdiction of New York over the coun- try, when the present troubles should be ended. Mr Ileman Allen, the agent by whom this petition was forwarded, considering the report of the com- mittee unfavorable to the grants, obtained leave to withdraw the petition, and thus prevented Congress from coming to any decision upon the subject. This took place on the 4th of June, 1776 and on the 4th of July following, Congress published to the world the memorable declaration of American Independ- ence.
6. By this declaration of Independence, the people on the New Hampshire grants were placed in a situa- tion more difficult and embarrassing than before, and there were various opinions with regard to the course which should be pursued. Some thought it best to place themselves under the jurisdiction of New Hampshire : some considered the submission of the grants to the authority of New York the only course of safety ; but the more resolute and influential were for assuming the powers of government and hazard- ing the consequences. To ascertain the state of public opinion on this subject, it was determined that a general convention should be called, and cir-
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VERMONT DECLARES HER INDEPENDENCE.
culars were accordingly addressed to the different towns, requesting them to appoint delegates.
7. There was a general compliance with this re- quest, and delegates from thirty five towns assembled at Dorset on the 24th of July, 1726. At this session it was agreed by the delegates to enter into an as- sociation among themselves for the defence of the liberties of their country. But at the same time they resolved that they would not associate with, or sub- mit to, the provincial government of New York, and that all such inhabitants of the grants as should thus associate, or submit, should be regarded as enemies to the common cause. This convention met again by adjournment at the same place on the 25th of September, and resolved manimously, " to take suita- ble measures, as soon as may be, to declare the New Hampshire grants a free and separate district."
8. On the 15th of January, 1777, the convention met again at Westminster. The sentiments of their constituents were now well ascertained, and, being convinced that there was now no other way of safety left, they on the 16th of that month published the following declaration : " this convention, whose mem- bers are duly chosen by the free voice of their con- stituents, in the several towns on the New Hampshire grants, in public meeting assembled, in our own names, and in behalf of our constituents, do hereby proclaim and publicly declare that the district of territory compre- kending, and usually known by the name and description of the New Hampshire grants, of right ought to be, and is hereby declared forever hereafter to be, a free and independent jurisdiction, or state ; to be forever hercaf- ter called, known, and distinguished by the name of Vew Connecticut, alias VERMONT."
9. And this declaration of independence further- more asserts, "that the inhabitants who at present are, or who may hereafter become resident, either by birth or emigration, within said territory, shall be entitled to the same privileges, immunities and en-
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HISTORY OF VERMONT.
franchisements as are allowed, or as may hereafter at any time be allowed, to the inhabitants of any of the free and independent states of America: And that such privileges and immunities shall be regula- ted in a bill of rights, and by a form of government to be established at the next session of this conven- tion."
10. The foregoing declaration was unanimously adopted by the convention ; after which they drew up a declaration and petition to Congress, in which they announced to that body, as the grand represen- tative of the United states, that they had declared the territory, commonly known by the name of the New Hampshire, grants a free and independent state, possessing the right to regulate their own internal policy in any manner which should not be repug- nant to the resolves of Congress. "They moreover declared their attachment to the common cause and expressed their willingness to contribute their full proportion towards maintaining the war with Great Britain. They closed by praying that their declara- tion might be acknowledged by Congress and that delegates from Vermont might be admitted to seats in that body. This declaration and petition was signed, and was presented to Congress by James Fay, Thomas Chittenden, Heman Allen and Reuben Jones, four of the most respectable members of the convention.
11. These prompt and decisive measures of the convention evinced the wisdom and boldness of the statesmen, who at this period directed the affairs of Vermont, and placed the community in a con- dition to adopt an efficient organization of its own. Vermont, in justification of the course of policy she was pursuing, contended that she had the same right to assume the powers of government, which was possessed by the continental Congress, and that every consideration, which could justify the pro- ceedings of that body, might be urged as a reason why the people of Vermont should embrace the
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ESTABLISHMET OF THE GOVERNMENT.
present opportunity, effectually to secure themselves against the oppression under which they had so long suffered. Happy was it for the new state, that these measures were adopted and supported with that firmness and temperance, which were alone adequate to secure a happy result.
SECTION II.
Establishment of the Government of Vermont-from the Declaration of Independence January 15, 1777, lo the Meeting of the General Assembly on the 12th of March 1778.
1. These proceedings of Vermont, by which she had declared herself to be a separate and indepen- dent jurisdiction, were regarded with very different feelings by the neighboring states. While New Hamp- shire, Massachusetts and Connecticut were ready to admit Vermont as a new member of the federal un- ion, and applauded the spirit and boldness with which she asserted and maintained her rights, New York regarded these tranasctions as open acts of trea- son and rebellion against the lawful authority of that state. With these views, the convention of New York, on the 20th of January, 1777, and again on the Ist of March, of the same year, addressed communications to Congress, in which they represented the procced- ings of Vermont as resulting from the arts and insti- gations of designing men, and not, as had been represented, from a general desire of the inhabitants of that district to renounce their allegiance to the au- thority of New York.
2. They complained of the injuries done them by Congress in the appointment of officers in the disaffec- ted portion of their state without their consent, 11
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HISTORY OF VERMONT.
and intimated their apprehensions that it was the design of Congress to comtenance the insurgents in their rebellion. They urged upon Congress the ne- cessity of inan wiat ly recalling the commissions given to Colonel Warner and the officers under him, as an act of justice to New York, and as the means of opening the eyes of the " deluded people" on the grants, who had set up for a separate jurisdiction, and were now desiring Congress to sanction their illegal proceedings. They represented the influence of Warner as very inconsiderable, even in the disafire- ted district, and that his services were a matter of no consequence to the country.
. 3. While New York was thus laying her grievan- ces before Congress, and using all Ler influence to: prevent that body from recognizing the independence of the grants, the internal affairs of Vermont were rapidly assuming that form and regularity, which was calculated to insure a permanent and efficient organization of the goverment. In April, Thomas Young, a distinguished citizen of Philadelphia, ad- dressed a communication to the inhabitants of Ver- mont, in which he represented it as the opinion of several of the leading members of Congress, that Vermont should proceed in her organization, form a constitution, and appoint delegates to Congress ; and be declared it to be his own individual opinion that Congress would not hesitate to sanction their pro- coutings, or to admit their delegates to a seat in that honorable body.
4. This communication was prefixed to a rolu- tion, which Congress had passed on the 15th of May, 1776, which recommended to the assemblies and con- ventions of the United Colonies, where no govern- ment, sufficient to the exigencies of their affairs, had already been established, to adopt such government as, in the opinion of the representatives of the people, should best conduce to the happiness and safety of their constituents. This resolution was regarded by
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COMMUNICATION OF THOMAS YOUNG.
the author of the communication, as a full license from Congress to the grants, to assume the powers of government, and he recommended that no time be lost in availing themselves of the present opportu- nity to establish a separate dominion.
5. Alarmed at the suggestions in the foregoing communication of Thomas Young, the council of safety of New York proceeded, on the 28th of May, to make a further effort to arrest the progress of Ver- mont. With this view they addressed a letter to the president of Congress, in which they say that, "as a report prevails and daily gains credit, that the revol- ters are privately countenanced in their designs by certain members of Congress, we esteem it our duty to give this information, that by a proper isolation on the subject, the reputation of Congress may cease to be injured by imputations so disgracefid and dis- honorable. However unwilling we may be to entertain suspicions so disreputable to any member of Congress, yet the truth is, that no inconsiderable numbers of the people of this state, do believe the report to be well founded."
6. With a view of bringing Congress to a decision on the subject of this controversy, on the 23id of June, one of the New York delegates laid before that body the communication of Thomas Young to the inbabitants of Vermont. Congress now took up the matter, and the petitions and communications from New York and the New Hampshire grants, were referred to a committee of the whole. This conmit- tee, on the 80th day of Jime, among offer this resolved, that Congress would not recommend er contenance any thing injurious to the rights and jurisdiction of the several communities herein rep- resented .- That the inhabitants of the New Wump- shire grants cannot be justified in their declaration of independence, by the example of the United Colonies, nor by any actor resolution of Congress-That the pe- tition of Vermont, to be recognized as an ingles and out.
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HISTORY OF VERMONT.
state, and to have her delegates admitted to sents in Congress, be dismissed. They farther resolved that the communication of Thomas Young was derogatory to the honor of Congress, and contained a gross mis- representation of the resolution of that body therein referred to, and was calculated to mislead the peo- ple to whom it was addressed.
7. While Congress were thus resolving to dismiss the petition of the inhabitants of Vermont, and utterly to discountenance their proceedings, the people of Vermont were engaged in forming a constitution for the regulation of their civil government, being fully persuaded that their independence must now be sup- ported with the same firmness and spirit with which it had been declared. The same convention, which had declared the independence of Vermont, met, by adjourninent, at Windsor on the first Wednesday of June, and appointed a committee to make a draft of a constitution for the state. They also adopted a reso- . lution, recommending that the several towns appoint delegates to meet in convention at Windsor, on the 2d day of July following, for the purpose of discuss- ing and adopting said constitution.
8. In compliance with the foregoing resolution, the convention assembled at Windsor, on the 2d day of July, and a draft of a constitution was presented and read. While the convention were deliberating upon, and adopting the several articles of this important instrument, they received the news of the evacuation on the 6th of July, of Ticonderoga by the American troops. This event left the whole western border of Vermont exposed to the enemy and spread alarm and consternation through this and the neighboring states. " In this awful crisis," says Allen in his His- tory of Vermont "the convention was for leaving Windsor; but a severe thunder storm came on and gave them time to reflect ; while some members less alarmed at the news, called the attention of the con- vention to finish the constitution, which was then
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FIRST CONSTITUTION ADOPTED.
reading, paragraph by paragraph for the last time. This was done, and the convention appointed a coun- cil of safety to act during their recess, and adjourned." 9. Immediately after the adjournment of the con- vention, the council of safety of Vermont wrote to the councils of safety of Massachusetts and New Hampshire, setting forth their exposed condition since the abandonment of Ticonderoga, and calling upon them in the most pressing terms for assistance. These communications were dated at Manchester July 15th, 1777. . Upon this application the commeil of safety of New Hampshire immediately convened the assembly of that state, who without delay placed a large body of their militia under the command of General Stark, and ordered him to repair to Charles- town on Connecticut river ; consult with the council of Vermont with regard to supplies and future ope- rations ; and act in conjunction with the troops of that or any other state, or of the United States, as in his opinion, would tend. most affectually to stop the progress of the enemy on the western frontier. These orders were promptly obeyed, and these troops, in conjunction with those of Vermont, at Bennington, gave the enemy the first effectual check, as related in the preceding chapter.
10. Previous to the adjournment of the convention it had been ordered that the first election under the constitution should take place in December, 1777 ; and that the representatives then elected, should meet at Bennington in January following, Public attention was, however, so much engrosed by the white of the enemy midler Burgoyne, that the constitution was not printed in season to have the election take place at the time appointed. The convention was, therefore, again called togeder at Windsor by the council of safety, on the 24th of December, where they revised the constitution, and postponed the day of election to the first Tuesday of March 1778, and
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HISTORY OF VERMONT.
the meeting of the assembly to the second Thursday of the same month.
11. The manner in which these proceedings of Vermont were viewed by New Hampshire and New York, is obvious from the style of their communica- tions during this period. In answer to the application of the council of safety of Vermont for assistance, Mr Weare, president of the council of New Hampshire, addressed Vermont as a free and sovereign, but new state, and in such terms as to leave no doubt but that New Hampshire willingly acknowledged her inde- pendence. But not so with New York. The pro- ceedings of Vermont, it is true, had changed her policy, but had by no means reconciled her to a re- linquishment of her jurisdiction over the grants. In his proclamation addressed to the inhabitants of the grants, February 23d, 1778, the Governor of New York, after confirming their titles to their lands in particular cases and making several concessions in their favor, expressly declares that, that government " will vigorously maintain its rightful supremacy over the persons and property of those disaffected subjects."
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