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 43
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Thus it appears, that out of about two thousand voters in the County of Cumberland but three hundred and fifty-eight [sixty-eight] could be persuaded to vote for delegates, and by no means a majority in the County of Gloucester, and not one on the West side of the range of Green Mountains; in the latter of which is full half of the inhabitants of said district.
By this, the candid reader will see that there has but a very inconsid- erable part of the inhabitants in said district ever attempted to delegate power of legislation to any body politic, and those under particular re- strictions.
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Therefore, the inhabitants of said district have the sole, exclusive and inherent right to govern their internal politics; in consequence of which it now behooves every one to be critical in establishing a plan of gov- ernment, for it will be like a seed sown which will spring up with boughs, either extending to secure the liberties of millions yet unborn, or serve to sereen the wicked designs of crafty usurpers.
But let us take a retrospect view of the former government of New York and their conduct towards us, and then candidly consider whether the said State would not be as well off without the District of the New Hampshire Grants as with, and then see if it would not be to the benefit, peace and happiness of both, for the District of the New Hampshire Grants to be included in a new State.
Lieut. Governor Colden represented to his Majesty and privy council, that it would be greatly to the advantage of the inhabitants of the dis- triet of. lands to the westward of the Connecticut River, which had been before granted by the government of New Hampshire, to be under the jurisdiction of the province of New York, and that Connecticut River was a good and certain boundary line to divide the two respective prov- inces; and furthermore, that Hudson River was navigable a great way into the country, and the situation of the New Hampshire Grants was such as would naturally constitute that river the centre of trade and commerce for the inhabitants of those grants, by the navigation of which, they could easily send exports to the city of New York, and receive and return such articles as they would ; and that it would, therefore. be much more convenient and happy for them to be under the jurisdiction of New York, &c.
This representation of Lieut. Gov. Colden was fallacy, and would ap- pear so to be to any gentleman that knew the situation of the New Hampshire Grants. As to a few towns in the South-West corner of the district of lands, aforesaid, I grant, that Hudson's River will naturally constitute that the centre of trade thereof, and a small part of the South- East corner of the said district, from their remote situation from Hud- son's River, Lake Champlain. &c., and their contiguousness to Connec- ticut River. will naturally constitute that the centre of trade for its inhabitants; but for the greater part of the district of lands aforesaid. their remote situation from Hudson's River, from navigation in Connec- ticut River, and from the Eastern Seaports, will, from the contiguous- ness thereof to Lake Champlain, Chamblee and Montreal, on the River St. Lawrence, &c., naturally constitute them the centre of trade for the inhabitants thereof.
This being the situation of the district of the New Hampshire Grants, as to trade, the order would not have been made had it not been for self- interest, that is by the handle of jurisdiction, to overreach and seduce the people by cunning, fraud, violence and oppression, so as to make the landed interest of the New Hampshire Grants their own. will plainly appear by their conduct toward us.
No sooner than they had obtained jurisdiction, Lieut. Gov. Colden gave subsequent patents to the very identical land on which the New Hampshire settlers dwelt, to certain monopolizing attornies and favorite gentlemen of New York. At this the peaceable inhabitants were greatly alarmed. They sent repeatedly to New York for settlement of such unheard of dispute, but none could be had, except they would resign up their New Hampshire charters and deeds, and take new ones under the great seal of the Province of New York. At this, the inhabitants sent an agent to the Court of Great Britain to solicit redress, and obtained the following prohibition :
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"At a court at St. James's, the 24th day of July, 1767,
PRESENT:
The King's Most Excellent Majesty,
Archbishop of Canterbury,
Earl of Shelburne,
Lord Chancellor.
Viscount of Falmouth.
Duke of Queensborough,
Viscount Barrington,
Duke of Ancaster.
Viscount Clark.
Lord Chamberlain,
Bishop of London.
Earl of Litchfield,
Mr. Secretary Conway,
Earl of Bristol.
Hans Stanley, Esq.
His Majesty, taking the said report (that is, report of the Board of Trade) into consideration, was pleased, with advice of his Privy Council, to approve thereof, and doth hereby strictly charge, require and command that the Governour, or Commander-in-Chief. of his Majesty's Province of New York, for the time being, do not, upon pain of his Majesty's highest displeasure, presume to make any grants whatsoever of any of the lands described in the said report. until his Majesty's fur- ther pleasure shall be known concerning the same.
A true copy,
WILLIAM SHARPE. Attest, G. W BANYAR, Secy."
Notwithstanding the above prohibition, the respective Governors of New York presumed to re-grant our lands, from under our feet, in open defiance of the regal authority of Great Britain.
They also sent showers of writs of ejectment to the inhabitants, which on trial, produced writs of possession : then the posse comitatus, consist- ing of about 700 men, were raised to enforce possession ; then the spirit- ed inhabitants of said district may date the beginning of the war for our rights and liberties, which we have now joined the United States of America in. I have been a personal actor in both scenes, but can see no odds in the nature of the dispute, however much they may differ in their degree.
For thus defending our possessions, which the legislative and execu- tive powers of New York attempted to take from us, by virtue of subse- quent patents, that were laid on ours, after the arrival of the above pro- hibition, we were indicted for rioters ; large sums of money offered for ns ; also twelve acts of ontlawry were made by said legislative body, dated the 9th of March, 1774. by which acts the judges were empowered to award sentence of death without the criminal ever being arrested, or arraigned before the bar of a court.
Before this act of outlawry was made, the following report arrived, viz. :
Extract from a report of the Lords of Trade to the Committee of his Majesty's Most honorable Privy Council for plantation affairs, dated December 3, 1772.
" Upon the fullest examination into all the circumstances which at present constitute the state of that district, between the River Hudson and Connecticut, out of which the greatest discords and confusion have arisen, it seemeth to us that the principal objects of attention in the con- sideration of any means that can be suggested for restoring public tran- quility and quieting possessions are,
" First, Those townships which, having been originally settled and established under grants from the government of the Massachusetts Bay, fell within this district by the determination of the Northern bound- ary of that province in the year 1740.
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" Secondly, Those grants of land made within this district, by the Gov- ernor of New York previous to the establishment of the townships laid out by the Governor of New Hampshire, after the conclusion of the peace, and which land now lies within the limits of some one or the other of those townships.
" Thirdly, Those townships which, having been originally laid out by the Governor of New Hampshire, either continue in the same state or have been confirmed by grants from New York, and also those which have since originated under grants from the latter of those colonies.
" With regard to those townships which fall under the first of the above mentioned descriptions, when we consider the nature and origin, and the numberless ditfientties to which the original proprietors of them must have been subjected in the settlement of lands ; exposed to the ineur- sions of the savages and to every distress which the neighborhood of the French in time of war could bring upon them, and when we add to these considerations the great reason there is to believe that the grants were made on the ground of military service against the enemy, we do not hesitate to submit to your Lordships our opinion that the present pro- prietors of those townships ought, both in justice and equity, to be quiet- ed in their possessions, and that all grants whatsoever, made by the gov- ernment of New York of any lands within the limits of those townships, whether the degree of improvement under the original grant had been more or less, are in every light oppressive and unjust ; but as we are sensible that such subsequent grants by the government of New York, however unwarrantable, cannot be set aside by any authority from his Majesty in case the grantees should insist on their title, we submit to your Lordships whether it might not be expedient, in order to quiet the original proprietors in their possessions, to propose that all such persons who may claim possession of lands within the limits of such townships, under New York grants, should, upon conditions of their quitting such claim, receive a grant under the Seal of New York, upon the like terms, and free of all expenses, of an equal number of aeres in some other part of the district lying between the rivers Hudson and Connectient, and in ease where any actual settlement or improvement has been made by such claimants, that they should in such case receive fifty acres of waste land for every three acres they may have so improved.
" With regard to those grants made by the government of New York, which fell under the second description, and upon which actual improve- ment has been made, they do appear to us to deserve the same consider- ation, and that the proprietors ought not to be disturbed in their posses- sions, whether their improvements be to a greater or lesser extent : but beg leave to observe to your Lordships that in both cases no considera- tion ought to be had to any claim where it shall appear that no regular possession had ever been taken, and no actual settlement ever been made.
" With regard to the townships which fall within the last mentioned des- eription, we submit to your Lordships our opinions, that provided such townships do not include lands within the limits of some antecedent grant, upon which actual improvement has at any time been made, it would be advisable they should be confirmed as townships according to the limits expressed in the grants thereof, and that all persons having possession of any share in said townships, either as original grantees or by purchase or conveyance, and upon which shares any actual improvement or settle- ment has been made, ought not in justice to have been, or to be in future, disturbed in the possession of such shares ; nor ought they to be bound to any other conditions, whether of quit-rent or otherwise, than what is contained in the grant."
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Appendix B.
I shall here make some miscellaneous remarks on the conduct of the former government of New York, to the inhabitants on the east side of the mountain in said district.
Soon after they had obtained jurisdiction, the legislative body made a law to erect that territory, which now comprehends the County of Cum- berland, into a County, and sent the same to the Court of Great Britain to be there ratified and confirmed. In the meantime they arrogated power to commissionate favorite foreigners to the place of court officers; they also commissionated a great number of both civil and military offi- cers. such as would be most likely to be subservient to bring about their vile and mercenary purposes. But alas ! to their great surprise this law was sent back negatived: yet in open violation to the laws of the Crown, the legislative and executive powers assumed to themselves authority to hold courts, Their conduct was so notorious that it was the cause of that odions and never to be forgotten massacre at the Court-House in said Cumberland County on the evening of the 13th of March. 1775. in which several persons were greatly injured, and one actually murdered. Oh ! horrid scene.
Some of those officers thus appointed were very officious in advising the inhabitants to take re-grants of their lands. They were also terrified by threats from said province. that if the people did not comply with their terms, they should lose all their possessions, by which means they seduced the inhabitants of some towns so as to take subsequent patents.
The Governor and Council of New York have been aiding, assisting and consenting to a mandamus being laid on the ancient town of Hins- dale, which was first appropriated by a purchase from the Indians; sec- ondly, by a grant from the Massachusetts Bay: thirdly, by the govern- ment of New Hampshire, and fourthly, by an uninterrupted possession and occupancy. about seventy years.
The Assembly of New York, in their State of the rights of the colony of New York, &c .. in order to rid their government of the blame justly due, say, that said mandamus proceeded from the Crown, and was an act decisive in itself. A very extraordinary representation. The right of election is restricted entirely to Crown lands, whereon no Christian sub- ject to the Crown is settled by possession or otherwise.
Common sense may teach that, a mandamus or any other Crown grant, cannot subject the property which the subject holds under the crown by virtue of prior grants : that would overturn all grants and make the king absolute.
Thus, it plainly appears. that self-interest was the moving cause of the government aforesaid making such a representation to the Court of Great Britain. Had it not been for the sake of profit to themselves, it is not likely they would have over troubled his Majesty on this subject; and if they had done it in the simplicity of their hearts to accommodate the inhabitants in general, as to trade. &c., they would have solicited his Majesty to annex said district to the province of Quebec: as said grants are bounded about 100 miles on the Eastern Shores of Lake Champlain: and from the North End of said lake to Chamblee is twelve miles, land carriage, and to Montreal. eighteen. Near the latter, in the River St. Lawrence, seventy-gun ships have sailed.
I cannot see that it would be any way incompatible provided the in- habitants of said district should trade to New York, Connecticut River, Lake Champlain, &c., and be in a new State. It never was supposed that jurisdictional lines were so drawn that each government would have seaports in them, so as best to accommodate every part; but in free states every part of the country trades to the nighest and best sea- ports without any regard to jurisdictional lines. Witness the Western
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part of the Massachusetts-Bay, and Connecticut: they have made their main trade to the city of New York ever since the origin of their settle- ments.
I have heard some people raise this objection, to wit : that it was in- convenient for the district of the New Hampshire Grants to be a State. for the sole reason of their not having a seaport in said district. I freely grant we have none, and if we were annexed to any other State. that would not bring a seaport any nearer to us; those things are immovable: yet I think we are as well off as any inland State ever was, in conse- quence of our bordering so far on Lake Champlain, &e., by which means the State may be supplied with all kinds of goods at a reasonable rate, and make a good market for all such species, as are to be spared, in ex- change. In some parts of the world there are inland kingdoms, and why not inland states ? We have our advantages and disadvantages in this as in all other things.
At this time many of the most valuable ports in America are block- aded up by our cruel enemies-the River St. Lawrence for one. All the Province of Quebec is in their possession; yet, as I was with our army at Quebec, I am conseious to myself that there are many friends of America now in that Province. We have the greatest reason to believe that, in the sequel of this war, all the American ports will be cleared of those cormorants that now infest them, and that the Province of Quebec will become one of the United States of America ; and as wars have ever been frequent in all Kingdoms and Continents, no doubt that the United States of America will, sooner or later, be involved in war. Wherever war centers, in any country, it brings the greatest calamities, and most dreary scenes.
Witness Boston, Charlestown, New Jersey. &e. In such days, the invaders of America must first begin on some sea-coast, or on some frontier States. Then we must send forth the hardy soldiers to assist our friends and brethren, wherever occasion shall require; then will women and children, house and property be safe with us, while, in the neighboring State, women are ravished and murdered. children killed. houses and property destroyed. Oh. horrid scene !
One special reason why the district of the New Hampshire Grants cannot connect with the State of New York is, the Supreme Court in Albany, at July term, in the year 1770, expressly declared the New Hampshire charters null and void, by said Court giving writs of posses- sion against the New Hampshire settlers, by virtue of subsequent pa- tents from New York, by reason of which several of the New Hamp- shire settlers were dispossessed of valuable farms and tenements; there- fore, the inhabitants of said Grants cannot be freeholders in said State, to act in any public business, till they take re-grants of their lands, which we cannot do by any other means than by purchasing subsequent patents from our greatest antagonists, and at their own price, which most certainly would have been most unhealthy for our purses.
Perhaps some queries may arise in the minds of some gentlemen whether the district of the New Hampshire Grants, in their infant state, have men that are capable to govern the internal policy of a State, and are able to support government. I would ask such gentlemen which of the United States of America was so well peopled and so able, when they began government, as we are. Surely, I think not one; but many weaker, as to men of learning and sagacity to rule a State. I see no great difficulty in it, though it is not common that men of so great learn- ing, as some in the world, would go to subdue the desolate wilderness; yet I think we have men of as much virtue, and as good talents by na- ture, as any in the world. Tent-makers, cobblers and common trades- men composed the legislature of Athens. "Is not the body (said Soe-
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rates) of the Athenian People composed of men like these ?" For any man to arrogate, and say that we have not men that can govern the in- ternal policy of a State, might, with the same parity of reason, say that the United States of America should always be subject to Great Britain, because there were men of more universal knowledge, as to ruling the scepter, and more experienced generals, and better equipped with ship- ping and warlike stores, &c.
Necessity is the mother of invention. We find. by experience, that we have as good men to rule our Senate, as Britain her scepter: and as noble generals in the field as English annals have any account of. Pow- der. cannon and all kinds of warlike stores are manufactured amongst us. Ships of war are built. and the preparations of war go on with such rap- idity that it is not to be paralleled in history. Foreign powers are now assisting the rising States of America in many respects. This the Uni- ted States could not have done had they not asserted their free and nat- ural rights and liberties that were given them by the God of Nature, thereby to throw off' the heavy yoke of bondage that George the 3d has prepared for ns and our successors,
Neither will the people of the district of the New Hampshire Grants ever be a free and happy people, except they steadlastly maintain the free and natural rights and liberties that were given them by the God of Nature, thereby to throw off the bondage that the former litigous gov- ernment of New York has attempted to ensnare us with. Those things have greatly deterred onr settlements, and should this obstacle be moved out of the way, no doubt but many worthy gentlemen, fit for any situa- tion in life, would move into our territories, which would be to the mu- tual benefit of the whole.
It is true our settlements are not. many of them. of an ancient date. vet are very flourishing. and, like young beginners, we are willing to work for our living. We have plenty of fertile lands; our territory is considerably larger than either of the States of New Hampshire. Con- necticut. Rhode Island and Providence Plantations, or New Jersey. No doubt but in a short time it will be as well peopled. As we are but. small as to numbers, our public concerns will also be small in proportion : and as to a mode of government, there can be no greater expense in that, for the thirteen United States will all form their modes of govern- ment before we shall, and we can have the privilege of perusing them : and if any of them should be agreeable. the people can adopt them, or take such parts as shall best suit them.
Our assemblies or courts will have quite short sessions, and have but little way to go, and all such money will be spent in the State, and as the power of legislation is now in the people, they will not have occa- sion to commission many salaried officers in the State. They will also set all officers' fees at a reasonable rate As to Court Houses, some are already built, and I cannot see why we should be at any more expense on that account, if we are in a new State, than if we were annexed to any other; for, take it which way you will, Court Houses and JJails will be wanted; therefore I cannot see where any very great expense should arise from.
If we were to be in the State of New York, then we must send dele- gates to sit in the Provincial Congress of said State. It would be a long and expensive road to travel, and an expensive place when there, and in order to have the people properly represented. there should a consider- able number go, and when they are all met in Congres, the State would be so large that gentlemen from the extreme parts would not personally know but very little better the situation of the other extreme parts than a gentleman would from London. Yet most of them must stay and see
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what was done, and give their consent for or against ; and as there has been an unhappy dispute between this district and the former govern- ment of New York. and some members of that Hon. House have been our greatest antagonists, it is possible the best of men might be some biased. though unperceivable to them. Thus, these gentlemen will spend near or all, the year, in doing what little business concerns this district, and assist others to do theirs, which they know nothing of, and in getting other gentlemen to give their consent to all resolves that concern this district, who will be equally ignorant of our situation, by reason of their local situation from ours. This being the case, it necessarily fol- lows that there ought to be delegates enough from this district to know all business that should be necessary to be done for said district. If so, surely the same gentlemen might, much easier and cheaper, do their business by meeting in some convenient place in this district, where no other business would interfere with theirs.
When civil laws should again take place, doubtless there would be many actions appealed up to the Supreme Court of New York, and. as the State would be so large, doubtless they would be full of business. For that, and many other reasons, it is likely actions would be continued from one session to another ; no doubt some very disputable cases that need numbers of evidences personally to speak. What amazing expense it would be for a man to go 450 miles to attend court, in this situation : yet his action may be put along through several courts. In this way of expense would go many thousand pounds out of this district.
The great distance of road betwixt this district and New York is alone a convincing argument that the God of Nature never designed said dis- triet should be under the jurisdiction of said State.
I now appeal to the impartial reader which of these two ways would be best, wisest and cheapest, both for the district of the New Hampshire Grants. and the State of New York.
" Brave Countrymen,
We're here assembled for the toughest fight That e'er strained the force of American arms. See yon wide field, with glittering numbers gay : Vain of their strength, they challenge us for slaves, And bid us yield their prisoners at discretion. If there's an American among you all Whose soul can basely truckle to such bondage, Let him depart ! For me, I swear. by Heaven, By my great father's soul, and by my fame, My country ne'er shall pay ransom for me, Nor will I stoop to drag out life in bondage, And take my pittance from Britain's hands : This I resolve, and hope, brave countrymen, Ye all resolve the same."
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