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 44
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APPENDIX C.
MANIFESTO
PREPARED AND PUBLISHED BY ORDER OF THE WESTMINSTER CON- VENTION, OCTOBER 30. 1776.1
[From the American Archives, Fifth Series, vol. II, cols. 1300-1302.]
CONVENTION OF NEW HAMPSHIRE GRANTS.
In Convention of the Representatives from the several Counties and Towns of the NEW HAMPSHIRE GRANTS, holden at WESTMINSTER, Octo- ber 30, 1776.
When we view the almost insurmountable difficulties the inhabitants of our infant Plantations have been subjected to in bringing a desolate wilderness into fruitful fields, gardens, &c., together with the oppres- sions and insults received from New- York, since our annexation thereto, we cannot at the same time, but view some of the present conduct of that State towards us with some degree of concern. The publiek, no doubt, have heretofore been in some measure led into the nature of the dispute which has for a number of years last past subsisted between the Colony of New- York and the inhabitants of said district of land, and the several disingenuous advantages made use of by the power of that Colony to rob those inhabitants of their interest : But. for present illus- tration, the following are here set down as matters of fact, viz:
1. That most of us holl our lands by virtue of grants from the seve- ral authorities of the former Provinces of the Massachusetts-Bay and New-Hampshire. In consequence of which grants we left our native places of abode to inhabit a desolate wood; and we have never yet learnt any blame has been laid on either of the authorities of the Massachu- setts-Bay or New-Hampshire for granting those lands.
2. The jurisdiction line of New- York being extended to the west banks of Connecticut River, by a royal order in A. D. 1764, The sev- eral Governours of that Colony have presumed to regrant the lands from under our feet, which has created the greatest disorders and con- fusions.
3. Those inhabitants being unaccustomed to such disorders, were in- duced at a great expense to petition the Crown for redress in the prem- ises, who was pleased, with advice of his Council, to pass an order in the following words, viz :
i See ante, p. 38.
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Appendix C.
" 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 Falmouth,
Duke of Queensborough,
Viscount Barrington,
Duke of Ancaster.
Viscount Clarke,
Lord Chamberlain.
Bishop of London,
Earl of Litchfield,
Mr. Secretary Conway,
Earl of Bristol,
Hans Stanly, Esq.
His Majesty taking the said Report ( i. e. Report of the Board of Trade) into consideration, was pleased, with the 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.
WILLIAM SHARP.
A true copy. Attest: GEO. BANYAR. Dep. Sec."
Notwithstanding the above prohibition, the Governours respectively of New-York, continued their former practice of regranting the same lands.
4. To take the special advantage of the governing part of New- York, to secure the titles severally to the lands thus regranted, writs of ejectment were sent in large detachments with officers of their appointment at the head of them, with particular orders to execute them; and the result of sneh services on trial have produced writs of possession from the Su- preme Courts of New- York, in consequence of which several persons have been dispossessed of valuable farms, houses, stocks, produce. &e. And by a continuance of writs of ejectments, possessions, &e., we have been under the disagreeable necessity to draw our swords, and for many years past to wield them, in defence of our possessions and properties, from the cruel and tyrannical usurpations of that Colony: And the principle which induced us at that time to take arms in defence of our possessions and properties, is that which now induces us to take arms and voluntarily join our friends and brethren in the several United States, for the defence of the liberties of the whole ; and to oblige us to desist from such necessary measures, sundry of the leading and princi- pal Green Mountain Boys were indicted as rioters, and proclamations issued by the legislative authority of New- York, wherein large sums of money were offered for the purpose of apprehending and taking into custody said riotous persons and bring them to condign punishment: and as though this might not prove effectual to subdue the minor and most honest of this Government, that same legislative body did make and pass twelve aets of ontlawry, which empowered the Judges, that in case any such offender, after notice had been published and posted sev- enty days, should not surrender himself for trial, that it should be law- ful for the Judges to award sentence of death against him or them, the same as though he or they had been attainted or convicted, &c.
5. The methods taken by the legislative power of New-York, in erecting the Counties of Cumberland and Gloucester, was not (by them) intended for the benefit of the inhabitants, as may appear by their appoint-
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Appendix C.
ment of foreign persons to the place of court officers in the County of Cumberland; and such persons who by their immediate influence were most likely to prove subservient in bringing the inhabitants of the said Counties into a disposition to apply to the power of New- York for a regrant of the lands in said County; and it's to be observed the most of the civil magistrates and military officers were so appointed that they were great friends to the legislative body of New-York. Those persons thus ap- pointed did not fail to use their influence with the inhabitants to get themselves appointed agents to transact a business of that kind at the court of New-York. The issue of which was, that regrants over the great part of the lands were then obtained; and the extravagant patent. fees, together with the fees of the agents, amounted to so much that many of us were obliged to have a considerable part of our lands dis- posed of (thus regranted) at a very moderate price, to defray the char- ges aforesaid, and on said subsequent patents was added more than three-fold quit-rents.
The matter being brought thus far to a period, a Court-House must needs be erceted in the County of Cumberland, and a tax laid on its in- habitants 10 defray the charges of the same; although it was not the minds of the inhabitants to have the same district erected into a County ; in consequence whereof Courts of Common Pleas have been established contrary to the free voice of the people ; which was the origin of the hor- rible and detestable massacre at the said Court-House on the 13th of March, A. D. 1775 ; in which several persons were actually murdered.
Sundry gentlemen of the State of New- York, own large tracts of lands through and round which the present inhabitants are obliged to cut roads and build mills, for which said gentlemen pay nothing, however valuable their lands are made by it. The Governor and Council of New- York have laid a mandamus on the ancient town of Hinsdale, which was at first appropriated by a purchase from the Indians ; secondly, by a grant from New-Hampshire ; and third, by an uninterrupted possession and occupancy about seventy years. The custom of the former Govern- ment of New- York, to wit: breaking of Sabbaths, neglect of public wor- ship, &e. We principally emigrated from the New England States ; and could we have had as good regulations here as have been in the New England States, no doubt but many honorable and wealthy gentlemen would have moved their families here that have not, which would have been to the mutual advantage of the present inhabitants. A resolve of the honourable the Provincial Congress of the State of New- York, in resolving, " that all quit-rents formerly due and payable to the King of Great-Britain within this State, are now due and owing unto this Convention, or such future Government as may be hereafter estab- lished in this State." Those grants that derived from New-Hampshire, pay one shilling proclamation money ; and those from New- York, half a crown sterling on each hundred acres. When in the ancient part of the Province of New York, Livingston's Manor, a tract of land about twenty miles square, pay but one beaver skin annually as quit-rent. Bateman's Patent pays three pounds ten shillings sterling, a valuable tract of ninety thousand acres ; in fine all the old settled part of the Province of New- York, pay no more than a trifling acknowledgment. Our local circum- stances are very troublesome and fatiguing to us : some of us are upwards of four hundred miles from the seat of Government at New- York.
The foundation of English liberties, and of all free Government, is a right in the people to participate in their Legislative Council. And these Counties to-wit : Cumberland and Gloucester, from their local and other circumstances, cannot properly be representel in the honourable the Provincial Congress for the State of New- York.
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Appendix C.
For the above cogent reasons, we choose not to connect with the State of New-York at present ; would humbly submit to the candid reader, whether we had not better refer our situation to the honourable the Grand Council of the United States of America, and see if they in their great wisdom could not retrieve us from our present fears, and put us in such a situation, that we should be better enabled to do our proportion in this unhappy war.
Extract from the minutes :
IRA ALLEN, Clerk.
27
APPENDIX D.
DR. THOMAS YOUNG TO THE INHABITANTS OF VERMONT.
[From a copy printed In a hand-blll, furnished by Hon. JAMES II. PHELPS Of West Townshend.] 1
IN CONGRESS, MAY 15, 1776.
W HEREAS his Britannic Majesty, in conjunction with the Lords and Commons of Great-Britain, has by a late Act of Parliament excluded the inhabitants of these United Colonies from the protection of his Crown: AND WHEREAS no answer whatever to the humble Pe- titions of the Colonies for redress of grievances and reconciliation with Great-Britain, has been or is likely to be given; but the whole force of that kingdom, aided by foreign mercenaries. is to be exerted for the de- struction of the good people of these Colonies: AND WHEREAS it ap- pears absolutely irreconcilable to reason and good conscience, for the people of these Colonies now to take the oaths and affirmations neces- sary for the support of any government under the Crown of Great Brit- ain, and it is necessary that the exercise of every kind of authority under the said Crown should be totally suppressed, and all the powers of government exerted under the people of the Colonies, for the preser- vation of internal peace, virtue and good order, as well as for the defence of their lives. liberties and properties against the hostile invasions and ernel depredations of their enemies :
RESOLVED therefore, That it be recommended to the respective As- semblies and Conventions of the United Colonies, where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall in the opinion of the Representatives of the people best conduce to the happiness and safety of their constitu- ents in particular and America in general. Extract from the Minutes,
CHARLES THOMPSON, Secretary.
[ LETTER OF DR. YOUNG. ]
To the INHABITANTS of VERMONT, a Free and Independent State, bounding on the River CONNECTICUT and LAKE CHAMPLAIN.
PHILADELPHIA, April 11, 1777. GENTLEMEN,-Numbers of you are knowing to the zeal with which I have exerted myself in your behalf from the beginning of your struggle
1 Referred to in notes, ante, pp. 40, 42, 44, 83.
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Appendix D.
with the New York Monopolizers. As the Supreme Arbiter of right has smiled on the just cause of North America at large, you in a pecul- iar manner have been highly favored. God has done by you the best thing commonly done for our species. He has put it fairly in your power to help yourselves.
I have taken the minds of several leading Members in the Honorable the Continental Congress, and can assure you that you have nothing to do but send attested copies of the Recommendation to take up govern- ment to every township in your district. and invite all your freeholders and inhabitants to meet in their respective townships and choose mem- bers for a General Convention, to meet at an early day, to choose Dele- gates for the General Congress, a Committee of Safety, and to form a Constitution for your State.
Your friends here tell me that some are in doubt whether Delegates from your district would be admitted into Congress. I tell you to organ- ize fairly, and make the experiment, and I will ensure your success at the risk of my reputation as a man of honor or common sense. Indeed they can by no means refuse you ! You have as good a right to choose how you will be governed, and by whom, as they had.
I have recommended to your Committee the Constitution of Pennsyl- vania for a model. which, with a very little alteration, will, in my opin- ion, come as near perfection as any thing yet concerted by mankind. This Constitution has been sifted with all the criticism that a band of despots were masters of and has bid defiance to their united powers.
The alteration I would recommend is. that all the Bills intended to be passed into Laws should be laid before the Executive Board for their perusal and proposals of amendment. All the difference then between such a Constitution and those of Connecticut and Rhode-Island, in the grand outlines is, that in one case the Executive power can advise and in the other compel. For my own part. I esteem the people at large the true proprietors of governmental power. They are the supreme con- stituent power, and of course their immediate Representatives are the supreme Delegate power; and as soon as the delegate power gets too far out of the hands of the constituent power, a tyranny is in some degree established.
Happy are you that in laying the foundation of a new government, you have a digest drawn from the purest fountain of antiquity, and improved by the readings and observations of the great Doctor Franklin. David Rittenhouse, Esq., and others. I am certain you may build on such a basis a system which will transmit liberty and happiness to posterity.
Let the scandalous practice of bribing men by places, commissions, &c. be held in abhorrence among you. By entrusting only men of ca- pacity and integrity in public affairs, and by obliging even the best men to fall into the common mass of the people every year, and be sensible of their need of the popular good will to sustain their political impor- tance, are your liberties well secured. These plans effectually promise this security.
May Almighty God smile upon your arduous and important undertak- ing, and inspire you with that wisdom, virtue, public spirit and unanimi- ty, which insures success in the most hazardous enterprizes !
I am, Gentlemen, Your sincere friend and humble servant,
THOMAS YOUNG.
APRIL 12, 1777.
Your Committee have obtained for you a copy of the Recommenda- tion of Congress to all such bodies of men as looked upon themselves returned to a state of nature, to adopt such government as should in the
396
Appendix D.
opinion of the Representatives of the people best conduce to the happi- ness and safety of their constituents in particular and America in gen- eral.
You may perhaps think strange that nothing further is done for you at this time than to send you this extract. But if you consider that till you incorporate and actually announce to Congress your having become a body politic, they cannot treat with you as a free State. While New- York claims you as subjects of that government, my humble opinion is, your own good sense will suggest to you, that no time is to be lost in avail- ing yourselves of the same opportunity your assuming mistress is im- proving to establish a dominion for herself' and you too.
A WORD TO THE WISE IS SUFFICIENT.
The use made by Dr. YOUNG, of the resolution of the Continental Congress of May 15, 1776, annoyed both New York and Congress, and produced action in the last named body which for a time was unfavora- ble to Vermont, as follows:
[From the Journals of Congress, 1777-8, vol. III, pp. 214, 215.]
MONDAY, June 30, 1777.
Congress resolved itself into a committee of the whole, to consider farther the letters and papers from the State of New York, the petition from Jonas Fay, &c. and the printed papers; and, after some time spent thereon, the president resumed the chair, and Mr. Harrison reported, that the committee have had under consideration the letters and papers referred to them,1 and have come to sundry resolutions thereupon, which he was ready to report.
Ordered, That the report be now received.
The report from the committee of the whole Congress being read, was agreed to as follows:
" RESOLVED, That Congress is composed of delegates chosen by, and representing, the communities respectively, inhabiting the territories of New-Hampshire, Massachusetts Bay, Rhode-Island and Providence Plantations, Connectient, New-York, New-Jersey, Pennsylvania, Dela- ware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, as they respectively stood at the time of its first institution ; that it was instituted for the purpose of securing and defending the communities aforesaid, against the usurpations, oppressions, and hostile invasions of Great-Britain; and, therefore, it cannot be intended that Congress, by any of its proceedings, would do, or recommend, or countenance, any thing injurious to the rights and jurisdiction of the several communities, which it represents.
" RESOLVED, That the independent government attempted to be estab- lished by the people, stiling themselves inhabitants of the New-Hamp- shire grants, ean derive no countenance or justification from the act of Congress, declaring the united colonies to be independent of the crown of Great-Britain, nor from any other aet or resolution of Congress.
" RESOLVED, That the petition of Jonas Fay, Thomas Chittenden, Heman Allen, and Reuben Jones, in the name and behalf of the people, stiling themselves as aforesaid, praying that ' their declaration, that they would consider themselves as a free and independent State, may be re- ceived; that the district in the said petition described, may be ranked
1 For letters of the President of New York Convention, see Slade's State Papers, pp. 73-75.
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Appendix D.
among the free and independent States ; and that delegates therefrom may be admitted to seats in Congress,' be dismissed.
" RESOLVED, That Congress, by raising and officering the regiment, commanded by Col. Warner, never meant to give any encouragement to the claim of the people aforesaid, to be considered as an independent State: but that the reason which induced Congress to form that corps, was, that many officers of different states, who had served in Canada, and alledged that they could soon raise a regiment, but were then unpro- vided for, might be reinstated in the service of the United-States.
" Whereas, a printed paper, addressed to the inhabitants of the district aforesaid, dated Philadelphia, April 11, 1777, and subscribed Thomas Young, was laid before Congress by one of the delegates of New-York, to which address is prefixed the resolution of Congress of the 15th May, 1776, and in which are contained the following paragraphs : . I have taken the minds of several of the leading members of the honourable continental Congress, and can assure you, that you have nothing to do, but to send attested copies of the recommendation to take up govern- ment, to every township in your district, and invite all the freeholders and inhabitants to meet and choose members for a general convention. to meet at an early day to choose delegates for the general Congress and committee of Safety, and to form a constitution for yourselves. Your friends here tell me that some are in doubt, whether delegates from your district would be admitted into Congress. I tell you to organize fairly. and make the experiment. and I will ensure you success at the risque of my reputation, as a man of honour or common sense. Indeed, they can, by no means, refuse you: you have as good a right to choose how you will be governed, and by whom, as they had.'
" Resolved, That the contents of the said paragraphs are derogatory to the honour of Congress, and are a gross misrepresentation of the reso- lutions of Congress therein referred to, and tend to deceive and mislead the people to whom they are addressed."
[From the Documentary History of New York, Vol. 4, pp. 569. 570.] RESOLUTION OF THE NEW YORK COUNCIL OF SAFETY.
IN COUNCIL OF SAFETY for the STATE OF NEW YORK, ? Kingston, July 17, 1777.
Resolved that printed Copies of the Resolutions of the Honourable Continental Congress of the 30th of June last be transmitted to James Clay Esqr. Chairman of the General Committee of the County of Cumberland and delivered to Colonel Eleazer Patterson' and Major
1 Col. ELEAZER PATTERSON of Vernon should not be confounded (as the editor has unfortunately done onee on page 299 of this volume,) with Sheriff William Patterson of Westminster, the chief actor in the " Mas- sacre." Eleazer Patterson was a whig, one of the Committee of Safety of his town, assistant judge (under New York) of the inferior court of common pleas and of the court of oyer and terminer for Cumberland County, and colonel of the southern or lower regiment of militia in that county. He was a strong adherent to New York, suffered some for his zeal in that service, petitioned for remuneration with several others, but was refused .- See B. H. Hall's Eastern Vermont.
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John Wheelock,1 and that they be requested to distribute the same throughout the eastern District of this State in such manner as will most effectually convey to the Inhabitants of the said District the Dis- approbation of the Honble Continental Congress, of the Illegal Proceed- ings of their pretended Convention and their adherents and abettors.
Extract from the Minutes, ROBT. BENSON. Secr'y.
REPORT OF JAMES CLAY THEREON.
Presuant to the above Resolves, I have Carred and Sent to the Sub Committee, of every Town in the County, a number of the Continental Resolves in order that the Inhabitance might see them, with a desire as followeth
Gentlemen
These are to Desire you to call a Town meeting of the Inhabitance of your Town, in order to hear the Resolves of the Continental Congress, and to Chuse County Committee Men, if your Town bath not already Chosen. to meet at Westminster Court house, on the first Tuesday in September next, at Ten a Clock in the fournoon, in order to Tranceact the Publick Bisness of the County, and all other Matters that May Come before them.2 JAMES CLAY Chairman
of the County Committee.
Putney. July ve 28, 1777.
To the Sub Committee of
The above is a True Copy of what was sent to the Towns. J. CLAY.
WARRANT FOR THE ARREST OF JAMES CLAY. ESQ. IN COUNCIL OF SAFETY. STATE OF VERMONT. ) Bennington 10th august 1777.
To Jesse Burk, you are hereby Required to take the Body of Capt. James Clay of Putney and him safely keep so that you have him Before this Council to answer the complaints against him you are to take suit- able assistance and make due Return of your proceedings herein at the same time for which this shall be your sufficient warrant.
By order of Council, JONAS FAY, Vice President. A true Copy Compared. JESSE BURK.3
1 See biographical notice, post.
2 This was practically the last meeting of the County Committee. though a part of the town committees continued to meet: so that the resolutions of the Continental Congress failed to serve the purpose in- tended by New York .- See note, ante, p. 137.
3 This order was of course in that part of the record of the Vermont Council of Safety which has never been found. and here it appears as a copy of the order to Burk. JESSE BURK of Westminster was second sergeant in Azariah Wright's company in the whig west parish, and after- ward, under Vermont, he was captain. He succeeded to the tory William Patterson as the New York sheriff of Cumberland county in 1775, and seems to have held the office until May 5, 1777; possibly later, as Paul Spooner, who was commissioned on that day, declined the office. The order of the Council of Safety in August of that year, and his execution of it, shows that he had accepted the authority of Vermont .- See B. H. Hall's Eastern Vermont.
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REPORT OF MR. CLAY ON HIS ARREST.
PUTNEY August ye 16: 1777.
I was taken by the within named Jesse Burk, and was carried by him before the within named Council, I asked said Committee what was the Complaint against me. Col. Chittenden Answered me, and said that I had aeted under the State of New York contrary to their Resolves of June last in my notifying the County Committee to meet again, and sending about the Continental Resolves, and Seting the People against the New State, and they detained me their Six Days, and then set me a liberty with my Promising to Caraey a Letter to Burk.
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