USA > Vermont > Records of the Council of Safety and Governor and Council of the State of Vermont, to which are prefixed the records of the General Conventions from July 1775 to December 1777, Vol. I > Part 3
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Convention at Dorset, July 24, 1776.
and that we might engage in the Glorious Cause, without fear of giving our opponents any advantage in the said Land dispute, which we would wish to have lie Dormant1, until a general restoration of Tranquility shall allow us the opportunity for an equitable decision of the same.
" Another reason that much hinders us from joining New York hand in hand in the General Canse, is, they will not own us in our property, but on the contrary the Judges of their Supreme Court have expressly declared the Charters, Conveyances, &c., of your Petitioners' Lands to be null and void.
" Therefore we your honors' humble Petitioners most earnestly pray your Honors to take our cause into your wise consideration, and order that for the future your petitioners shall do Duty in the Continental ser- vice (if required) as inhabitants of said New Hampshire Grants, and not as inhabitants of the province of New York, or subject to the Limita- tions, restrictions or regulations of the Militia of said province, and that commissions, as your honors shall judge meet, be granted accordingly, and as in Duty bound, your honors' Petitioners shall ever pray.
" At a meeting of the representatives of the different Towns on the N. Hampshire Grants legally warned and convened at the house of Mr. Cephas Kent's, innholder in Dorset, on the 16th day of January, A. D. 1776 : Captain JOSEPH WOODWARD, Chairman.
" Doct'r JONAS FAY, Clerk.
" This meeting after due consideration agreed to prefer to the honor- able the Continental Congress a humble Petition setting forth the pecul- iar circumstances of this part of the Country. Accordingly a Commit- tee was appointed to draw up the same, who drew up the foregoing and reported it to the house in the evening, and the Clerk read the same in his place, and afterwards delivered it in at the Table; the House then adjourned till to-morrow 9 o'clock.
" January 17th. Met according to adjournment.
"The said Petition being a second time read was agreed to by the whole house, then Lieutenant James Breakenridge and Captain Heman Allen was nominated to prefer the said petition, a vote was called and passed in the affirmative, Nem. Con .- then Doctor Jonas Fay was nom- inated and a vote called passed in the affirmative, Nem. Con.
" JOSEPH WOODWARD, Chairman.
" Attest, JONAS FAY, Clerk.
" A true copy from the original.
" Errors excepted.
pr JONAS FAY, IRA ALLEN, Committee Appointed."
Captain Heman Allen, appointed to prefer the foregoing to the honor- able the Continental Congress, being present, and a motion being made and seconded, Reported to the Convention as follows, (viz .: )
That in consequence of his appointment, for that purpose, he had de- livered the said foregoing Remonstrance, Address and Petition to the honorable John Hancock, Esqr., the President of Congress then sitting at Philadelphia, and that by the directions of the honorable House it was read in his place at the Board by the Secretary.
That the delegates from the province of New York endeavored to oppose the said petition, but that it was entered on file and ordered to lie on the table for further consideration.
That on the advice of several gentlemen, he made a motion to with- draw the said petition, that the Delegates from New York should not
1 The sentence is imperfect. Instead of " which we would wish," &c., read-we would wish to have it [the dispute ] lie dormant, &c.
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General Conventions.
have it in their power to bring the matter to a final decision at a time when the Convention in the Grants had no proper Delegate in the House; that in consequence thereof the Motion was entered on the Min- utes, the Petition not being ready at hand at that time.1
That he had many private conferences with sundry members of Con- gress and other Gentlemen of distinction relating to the particular cir- cumstances and situation of the New Hampshire Grants, who did seve- rally earnestly recommend that the inhabitants of said Grants exert themselves to their utmost abilities to repel, by force, the Hostile inva- sions of the British fleets and armies against the colonies of America, and that said Inhabitants do not by any way or means whatsoever con- neet or associate with the honorable Provincial Congress of New York, or any authority derived from, by, or under them, directly or indirectly, but that the said inhabitants do forthwith consult suitable measures to associate and unite the whole of the Inhabitants of said Grants together.
PROCEEDED-VIZ.
This Convention being fully sensible that the importance of the busi- ness which occasions their meeting at this time requires the most seri- ous deliberation, are therefore disposed to make the following votes- (viz .: )
1st. That not more than one person be allowed to speak at the same time, and only by leave of the Chairman.
2d. That the business of the meeting be closely attended to, and that the several articles contained in the Warrant for this Meeting be seve- rally followed in course, (except otherwise overruled.)
3d. Voted to pass over the fourth, fifth and sixth articles of the War- rant till to-morrow at ten o'clock at this place.
3d. Voted, Col. William Marsh, Col. Thomas Chittenden, John Bur- nam, Junr., Capt. Micah Veal [Vail,] and Lieut. Joseph Bradley, be a Committee to examine the account of Capt. Heman Allen for his service for the Publick, and report their opinion thereon to this Convention 9 o'clock to-morrow morning.
Adjourned to 7 o'clock to-morrow morning at this place.
Meeting opened at time and place.
Proceeded to the consideration of the fourth article of the Warrant, and after due consideration it was dismissed.
Proceeded to the consideration of the fifth article of the Warrant, and Resolved, That application be made to the inhabitants of said Grants to form the same into a separate District [or State.]
Dissentients only one.
Proceeded to the consideration of the sixth article of the Warrant, and
1 See Vt. Hist. Soc. Collections, vol. II, " Additions and Corrections," pp. xiv, xv.
2 The following are the resolutions of Congress :
The Committee, to whom the petition, address, and remonstrance of persons inhabiting that part of America. which is commonly called and known by the name of the New-Hampshire grants, was referred, have examined the matter thereof, and come to the following resolution there- upon :
Resolved, That it is the opinion of this Committee, that it be recom- mended to the petitioners, for the present, to submit to the government
21
Convention at Dorset, July 24, 1776.
Voted, To recommend it accordingly.
Voted, To choose a Committee to treat with the Inhabitants of the New Hampshire Grants on the East side of the range of Green Moun- tains. relative to their associating with this Body.
Voted, That Capt. Heman Allen, Col. William Marsh, and Doct. Jo- nas Fay, in conjunction with Capt. Samuel Fletcher and Mr. Joshua Fish, be a Committee to exhibit the proceedings of this Convention, to said inhabitants, and to do the Business as above.
Voted, Doct. Jonas Fay, Col. Thomas Chittenden, and Lieut. Ira Allen a Committee to prepare instructions for the above sail Committee.
Voted, That Col. Seth Warner and Col. Thomas Chittenden be a Com- mittee to present a Petition to the General and Commander-in-Chief of the Northern Department, requesting his assistance in Guarding the Frontiers to the Northward on the said New Hampshire Grants.
Voted, That Doct. Jonas Fay and Col. William Marsh be a Committee to prepare the above petition.
Adjourned one hour.
The meeting opened at time and place.
Proceeded to the consideration of the following Association, (viz .: )
This Convention being fully sensible that it is the Will and Pleasure of the honorable the Continental Congress, that every honest Friend to the Liberties of America, in the several United States thereof, should subscribe an Association, binding themselves as Members of some Body or Community to stand in the defence of those Liberties; and Whereas it has been the usual custom for individuals to associate with the Colony or State which they are reputed members of : Yet nevertheless the long and spirited Conflict, which has for many years subsisted between the Colony or State of New York, and the inhabitants of that District of Land, Commonly Called and known by the name of the New Hamp- shire Grants, relative to the title of the Land on said District, renders it inconvenient in many respects to associate with that Province or State, which has hitherto been the sole reason of our not subscribing an Asso- ciation before this.
The better therefore to convince the Publick of our readiness to join in the common Defence of the aforesaid Liberties, We do Publish and Subscribe the following Association, (viz. : )
We the subscribers inhabitants of that District of Land, commonly called and known by the name of the New Hampshire Grants, do volun- tarily and Solemnly Engage under all the ties held sacred amongst Man- kind at the Risque of our Lives and fortunes to Defend, by arms, the
of New-York, and contribute their assistance, with their countrymen, in the contest between Great-Britain and the United Colonies ; but that such submission ought not to prejudice the right of them or others to the lands in controversy, or any part of them ; nor be construed to affirm or admit the jurisdiction of New-York in and over that country ; and when the present troubles are at an end, the final determination of their right may be mutually referred to proper judges.
In Congress, June 4th, 1776.
Resolved, That captain Herman [Heman] Allen have leave to with- draw the petition by him delivered, in behalf of the inhabitants of the New-Hampshire grants, he representing that he has left at home some pa- pers and vouchers necessary to support the allegations therein contained. Extracts from the minutes,
THOS. EDSON, for CHAS. THOMPSON, Sec.
-See Slade's State Papers, pp. 64, 65; Journal of Congress, June 4, 1776, vol. II, p. 190.
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General Conventions.
United American States against the Hostile attempts of the British Fleets and Armies, until the present unhappy Controversy between the two Countries shall be settled.
SIGNERS' NAMES-VIZ.
Joseph Bowker, William Gage,
Daniel Culver,
Thomas Chittenden,
Reuben Harmon, John Burnam, John Strong,
Simeon Hathaway,
John Manley,
Jeremiah Clark,
Seth Warner,
Lemuel Bradley,
Joseph Bradley,
William Marsh,1
John Gage,
1 Went over to the enemy after signing the above .-- E. Allen Mss., p. 240. And fled to Canada, leaving his family in Dorset .-- Vt. Hist. Mag., vol. I, p. 184. His property was confiscated, and his return to the State was forbidden by the following act, which was passed Feb. 26, 1779, and continued in force until Nov. 8, 1780 :
AN ACT to prevent the return to this State, of certain persons therein named, and others who have left this State or either of the United States, and joined the enemies thereof.
Whereas [ here follow one hundred and eight names ] and many other persons, have voluntarily left this State, or some of the United States of America, and joined the enemies thereof. thereby not only depriving these States of their personal services, at a time when they ought to have afforded their utmost aid in defending the said States against the invasions of a cruel enemy, but manifesting an inimical disposition to said States, and a design to aid and abet the enemies thereof, in their wieked purposes :
And whereas many mischiefs may accrue to this, and the United States, if such persons should again be admitted to reside in this State :
Be it enucted, &c., that if the said. [here the names are repeated,] or any of the before mentioned persons, or either of them, or any other person or persons, though not specially named in this act, who have vol- untarily left this State, or either of the United States, and joined the enemies thereof, as aforesaid, shall, after the passing of this act, volum- tarily return to this State, it shall be the duty of the sheriff of the county, his deputy, the constable, select-men or grand jurors of the town where such person or persons may presume to come, and they are hereby respectively impowered and directed. to apprehend and carry such person or persons before an assistant or justice of the peace ; who is hereby required to call to his assistance one or more assistants or jus- tices of the peace, who are hereby directed to give their attendance, ac- cording to such requisition ; and if, upon examination into the matter, the said justices shall find that the person brought before them is any one of the before described persons, they shall order him to be whipped on the naked back, not more than forty, nor less than twenty stripes ; which punishment shall be inflicted, and the delinquent shall be ordered to quit this State, immediately.
Be it further enacted, that if any person shall continue in this State, one month, or shall presume to come again into this State, after such conviction, (without liberty first had and obtained therefor, from the Governor, Council, and General Assembly,) and be convicted thereof, before the superior court of this State, he shall be put to death.
Be it further enacted, that if any person shall, willingly or wilfully, harbor or conceal any of the persons above named or described, after their return to this State, contrary to the design of this act ; such per-
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Convention at Dorset, July 24, 1776.
Abraham Jackson,
Gideon Ormsby,
John Mott,
Samuel Wright,
Stephen Royce,
Jonathan Rowlee,
Samuel Benton,
Amos Curtis,
Jona. Fassett,
Jesse Belknap,
Ira Allen,
Aaron Parsons,
Abraham Underhill,
Nehemiah Howe,
Matthew Lyon,
William Ward,
Asa Johnson,
William Fitch,
James Bentle,
Brown Chamberlain,
Ogden Mallery,
Thomas Morgan,
Ephraim Buell.
Jonas Fay,
Heman Allen.
Ebenezer Allen,
Martin Powell,
John Burnam, Jr.,
Benjamin Hicock,
Roger Rose,
Micah Veal, [Vail,]
Isaac Lawrence,
Samuel Fletcher,
Josiah Fish.
The above are the names of the Delegates. endon, the only Dissentient.
Thomas Braten, of Clar-
Resolved, That it be, and it is hereby recommended to the several in- habitants on the New Hampshire Grants (who are friends to the liber- ties of the United States of America) that they subscribe the Associa- tion agreed on, and signed by the several Members of this Convention, and return the same to the Clerk thereof as soon as may be.
son, so offending. shall, on conviction thereof before the superior court, forfeit and pay the sum of five hundred pounds ; two thirds thereof to the use of this State, the other third to the use of him or them who shall prosecute the same to effect .- Ms. record of Laws, vol. I, in Sec- retary of State's office; Slade's State Papers, p. 355.
The second section of this stringent, but undoubtedly necessary act, implies that in this bad company were some good men whose return to the state ultimately would be desirable; of these Col. Marsh was one. He was not a Tory, and he had been an efficient friend of the new state; but when the splendidly equipped army of Burgoyne swept along the western border, and a part of it was reported to be advancing on the military road from Mount Independence to Castleton, and on through the most thickly settled portion of the territory to the valley of Connec- ticut river, Vermont was unorganized; it had no government but a coun- cil of twelve men just appointed, and among them was a Judas; they were without a regular corps of officers to execute their orders in the raising of troops-without a treasury, or a dollar of money beyond what they had in their pockets for current expenses. Col. Marsh was there- fore panie-stricken. He himself hastened, with other disheartened Whigs and a greater number of avowed Tories, to seek refuge in Can- ada, and his wife, who feared no personal injury, remained to secure her most valuable goods as well as she could, filling her brass kettle with her pewter ware and silver spoons, and sinking them in a pond near her dwelling-so perfectly safe that she never recovered them .- Vt. Hist. Mag., vol. I, p. 184. Col. Marsh, however, returned, and was permitted to remain. His son, Johnson Marsh, represented Dorset in the General Assembly of 1825. The case of Daniel Marsh of Clarendon was similar. He, too, was included in the act of Feb. 26, 1779, but he returned and represented his town in the General Assembly from 1784 to 1788-9, five years.
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General Conventions.
Resolved, Unanimously, That any person or persons inhabitants of the New Hampshire Grants that shall in future subscribe and return an Association to any the Committee or Committees of Safety for either of the Counties in the province of N. York, or to the provincial Congress thereof, otherwise than the Association contained in these Records and subscribed by the several Delegates of this Convention, shall be deemed enemies to the Common Cause of the N. Hampshire Grants.1
1 These were the first formal proceedings in Convention for the evident purpose of severing the connection of eastern Vermont with New York, and of uniting the eastern and western towns in a common league for prosecuting the war for national independence. A common league meant common action, and necessarily implied ultimately a supervisory and executive body of some sort having jurisdiction over the whole ter- ritory. Of course the real purpose was covered by article five of the warning, which was interpreted by the vote thereon, " that application be made to the inhabitants of said Grants [i. e., of the whole territory covered by New Hampshire when it granted the charters.] to form the same into a separate District." The editor has suggested the addition of the words or State, because that was the interpretation put upon this vote by the same Convention at the adjourned session of Sept. 25 follow- ing, and finally by another adjourned session, Jan. 17, 1777, when it de- clared " the district or territory," &c., " is hereby declared forever here- after to be considered as a separate, free and independent jurisdiction or state." By extending the proposition to the eastern towns in the form of an appeal to their patriotism, the Convention adopted the form most likely to be popular-at least most likely to attract the ardent eastern Whigs to the projected new state. It is to be observed also that this was the first Convention at which an eastern town was represented. Townshend is entitled to that honor, as well as to the honor of sending one of the ablest, bravest, and best citizens of the state in his day-Maj. Gen. SAMUEL FLETCHER. The delegates of that town were of the com- mittee appointed to submit the proposition to the inhabitants of the east- ern towns. The western members of this committee worked with effect, for which doubtless the eastern members had in some degree prepared the way, the result being that ten other eastern towns were represented in the Convention at the adjourned sitting of Sept. 25. The Convention ad- journed on the 25th of July, and on the 6th of August Heman Allen, Jonas Fay, and William Marsh attended a joint meeting of the Commit- tees of Safety of Cumberland and Gloucester counties, assembled at Windsor. Of their work there and the results, B. H. HALL has given the following succinct account :
Various papers were read by them bearing upon the subject of a sep- arate jurisdiction; the boundaries of a new state were described; and the approbation of the committees was sought to the projects of the Dorset convention. In support of the proposed measures Mr. Allen told Mr. Clay [James Clay, chairman of the Cumberland County Commit- tee of Safety,] that he had consulted with several members of the Conti-
25
Convention at Dorset, July 24, 1776.
Resolved, That nine persons be chosen as a Committee of Appeals, who are to hear and determine such matters as may be properly exhibit-
nental Congress who had recommended to him and his coadjutors to ascertain the feelings of the people concerning the formation of a new state. He also reminded him, that if the inhabitants of the " Grants" should accede to the form of government which would soon be adopted for the state of New York, they would have no opportunity to withdraw their support therefrom at a future day.
For the purpose of ascertaining the views of those residing east of the Green mountains, upon the measures suggested by the committee from the Dorset convention, the people in each town were invited to assemble in town-meeting and express their opinion as to the course which they should deem it best to pursue. In Rockingham, on the 26th of August, the inhabitants voted " to associate with the inhabitants of that district of land commonly called and known by the name of the New Hampshire Grants." They also chose two delegates to attend the convention to be held at Dorset in the fall, and instructed them " to use their best influ- enee " to obtain the passage of such resolves as would tend to establish the "Grants" as a separate and independent state. At "the fullest meeting ever known in Chester," held on the 2d of September, similar measures were adopted, and the association, which had been formed at the Dorset convention, was signed by forty-two of the inhabitants .* A like spirit pervaded many of the other towns in the two counties. In some, however, there were two parties, and in a few, as in Halifax, where the inhabitants voted not to send a delegate "to meet the Green Moun- tain Boys," no disposition was shown to throw off the jurisdiction of New York.
At the adjourned convention, which was held at Dorset on the 25th of September, representatives were present from both sides of the moun- tains. Loyalty to American principles, as embodied in the Revolution, animated the discussions which took place, and gave character to the measures which were proposed. Yet, while declaring their determina- tion to support the general government of the United States, the mem- bers resolved that " no law or laws, direction or directions " from the state of New York would be accepted by them, or be regarded by them, as of the least weight or authority. The little leaven of dissatisfaction had worked its effect in silence, and the whole lump was fast becoming assimilated.
And again :
Before the resolutions of the [New York] Convention concerning Cum- berland county had passed, [in October, ] James Clay, by the advice of Col. Williams, one of the former deputies, had issued circular letters contain- ing a request that the people of each town would assemble and make known their intentions relative to the course they should pursue on the question of state jurisdiction, in order that their proceedings might be laid before the county committee of safety at the next meeting. Written returns were received from a few towns; verbal messages from others; but the majority did not deem it practicable to offer a reply. The greater part of the inhabitants of Hartford favored a separation from New York, but desired that an application to that effect should be made in the state Convention before the subject was brought before the Con-
* Chester was not represented in General Convention until October 30, 1776.
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General Conventions.
ed to them (in writing) by any of the inhabitants of the New Hampshire Grants relative to the cause of American Liberty, by way of proper ap- peal from the judgment of either of the Committees of Safety on said Grants, any five of which Committee to be a Quorum.
Resolved, That Doctor Jonas Fay, Col. Timothy Brownson, Col. William Marsh, Capt. Joseph Bowker, Capt. Joseph Woodward, Capt. Micah Veal, [Vail,] Col. Thomas Chittenden, Major Stephen Royce, and Capt. Abraham Underhill, be and are hereby unanimously appointed a Committee for the above purpose.
Lastly Resolved, To adjourn this Convention, and to meet at this place on Wednesday, the 25th day of September next at 8 o'clock in the Morning.
JOSEPH BOWKER, Chairman.
Attest, JONAS FAY, Clerk.
ADJOURNED SESSION AT DORSET, SEPT. 25, 1776.
[From the mannscript copy of the HON. JJAMES H. PHELPS, as published in the Vermont His- torical Society Collections, Vol. I. ]
NEW HAMPSHIRE GRANTS, 1 At a General Convention of CEPHAS KENT'S, Dorset, 25th Sept. 1776. S the Several Delegates from the Towns on the West side the range of Green Mountains the 24th day of July last, consisting of fifty-one Members, representing thirty-five towns. and held this day by adjournment by the representatives on the West and East side the said range of Green Mountains; the following members being present at the opening of the Meeting, viz. :
Captain JOSEPH BOWKER in the Chair. Doct. JONAS FAY, Clerk.
Pownal, § Capt. Sam'l Wright, Doct. Obadiah Dunham. Mr. Simeon Hathaway, Doct. Jonas Fay, Capt. John Burnham, Benniny- ton, Nathan Clark, Esq., Maj'r Sam'l Safford, -
[ WEST SIDE. ] Man- ( Lieut. Martin Powell, chester, Colº Win. Marsh.
Lieut. Gideon Ormsby.
Dorset. Mr. John Manley.
Mr. Ab'r Underhill.
Mr. Reuben Harmon,
[Col" Moses Robinson.
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