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 47
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The town of Boston, in Massachusetts, or Hartford, in Connecticut, (if disposed) might, as rationally, evince their being unconnected with their respective states, as those sixteen towns their not being connected with New-Hampshire.
Were not those towns settled and cultivated. under the grant of the governor of New-Hampshire ? Are they not within the lines thereof, as settled by the King of Great-Britain, prior to the present æra ? Is there any ascertaining the houndaries between any of the United States of America, but by the lines formerly established by the authority of Great Britain ? I am sure there is not. Did not the most of those towns send delegates to the convention of this state, in the year 1775? Have they not, from the commencement of the present war. applied to the state of New-Hampshire, for assistance and protection ? It is well known, they did - and that New-Hampshire, at their own expence, hath supplied them with arms, ammunition, &c. to a very great amount. as well as paid soldiers for their particular defence; and all at their request, as members of this state-Whence then, could this new doctrine, that they were not connected with us, originate ? I earnestly desire that this matter may be seriously attended to; and I am persuaded the tendency thereof, will be to anarchy and confusion.
When I consider the circumstances of the people, west of Connecticut river, the difficulties they encountered in their first settlement, their late endeavours to organize government among themselves, and the uncer- tainty of their being admitted, as a separate state, into the confederacy of the United States, I am astonished that they should supply their ene- mies with arguments against them, by their connecting themselves with people, whose circumstances are wholly different from their own, and who are actually members of the state of New-Hampshire .- A consid- erable number of the inhabitants of those sixteen towns (I am well informed) are entirely averse to a disunion with the state of New-Hamp-
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shire, and are about to apply to this state for protection ; indeed, some have already applied. And are not the people of this state under every obligation, civil and sacred, to grant their brethren the needed defence ?
I beseech you, Sir, for the sake of the people you preside over, and the said people, for the sake of their future peace and tranquility, to relin- quish every connection. as a political body, with the towns on the east side of Connecticut river, who are members of the state of New Hamp- shire, entitled to the same privileges as the other people of said state, from which there has never been any attempt to restrict them.
I am, Sir, with due respect,
Your obedient humble servant, MESHECH WEARE. President of the Council of state of N. H. Hon. THOMAS CHITTENDEN. Esq.
On the receipt of this letter, Governor Chittenden convened the Coun- cil; and Gen. Ethan Allen was requested to repair to Philadelphia, to ascertain, in what light the proceedings of Vermont were viewed by Congress.
On his return. Gen. Allen made the following report:
" To his Excellency the Governor, the Honourable the Council, and to the Representatives of the freemen of the State of Vermont, in General Assembly, met .*
GENTLEMEN,
The subscriber hereto, begs leave to make the following report, viz.
By the desire of his Excellency. and at the request of several of the Members of the honourable the Council, to me made in September last. I have taken a journey to Philadelphia, in order to gain knowledge how the political situation of the state of Vermont stood, in the view of Con- gress; which I here exhibit.
On the 16th day of September last, I am informed by members of con- gress, that the delegates from the state of New-Hampshire exhibited to congress a remonstrance (which they had, previously, received from the council and assembly of said state) against the proceedings of the state of Vermont, with respect to their taking into union a number of towns. on the east side of Connecticut river, and in their inviting other towns to revolt from New-Hampshire; a copy of which I, herewith, exhibit : a matter which. they alledge, was incompatible with the right of New- Hampshire, and an infringement on the confederacy of the United States of America: and. therefore, desired the congress to take the matter under consideration, and grant some order thereon, to prevent the effusion of blood, and the confusion and disorders which would, otherwise, inevita- bly ensue.
The delegates from New-York, at the same time, exhibited to congress sundry papers, containing allegations against the state of Vermont, which. after some alterations, were admitted; and it was agreed that the same, together with the remonstrance from the state of New-Hampshire, should be taken under consideration, on the afternoon of the 18th, by a committee of the whole house: at which time it was moved to be brought forward, but urgent business occasioned its being deferred to the 19th; at which time I arrived at Philadelphia, and being, immediately, in- formed of the business by some of the members of congress, I used my influence against its being hastily determined ex parte; and particularly objected to the complaints from the states of New-Hampshire and New-
* At this session of the Legislature, representatives from ten of the sixteen towns on the east side of Connecticut river, took their seats in the General Assembly .- Williams.
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York, their being both considered at the same time, alledging that they were of a very different nature. And, in consequence of this, together with my earnest request and application, I obtained assurance that the matter should not be brought to a deeision, before I could have an oppor- tunity to lay the matter before this people; as I had, previously, let the members of congress know, that the assembly of this state was to sit at this time; and I engaged to transmit the proceedings of this assembly to congress, as soon as they transpired, at their request.
The allegations, thrown by New-York, received a most severe shock on the perusal of my late pamphlet in answer to his Excellency Gover- nor Clinton's proclamation, dated in February last, containing certain overtures to the inhabitants of this state ; as well as from my large treatise on the nature and merit of the New-York claim, and their treat- ment to the inhabitants of this now state of Vermont. In fine, the New- York complaints will never prove of sufficient force in congress, to pre- vent the establishment of this state. But, from what I have heard and seen of the disapprobation, at congress, of the union with sundry towns, east of Connectient river, I am sufficiently authorised to offer it as my opinion that, except this state reeede from such nion, immediately, the whole power of the confederacy of the United States of America will join to annihilate the state of Vermont, and to vindicate the right of New-Hampshire, and to maintain, inviolate, the articles of confedera- tion, which guarantee to each State their privileges and immunities.
Thus, gentlemen, I have given you a short representation of the polit- ical situation of this state, as it now stands in the general congress of the United-States of America, upon which I stake my honour.
Given under my hund, at Windsor, this 10th day of Oct. A. D. 1778. ETHAN ALLEN."
Immediately after the foregoing report was made, the Legislature of Vermont took up the subject of the union; and the following proceed- ings were had thereon.
STATE OF
In General Assembly, at Windsor, Tuesday. Oct. 13, 1778. VERMONT,
Resolved, That this assembly now join his Excellency the Governor, and the hononrable council, in the committee of the whole; to take into consideration the matters contained in the letter of the 22d of August last, from the honourable Meshech Weare, Esq. President of the Coun- cil of New-Hampshire to his Excellency Governor Chittenden ; and every matter which may relate to the subject therein contained ; and that they report, thereon, to this assembly.
STATE OF VERMONT,
Windsor, October 13th, A. D. 1778.
In a committee of the Governor, Lieutenant-Governor, Council and Representatives of the general assembly of said state ; to take into con- sideration the matters contained in a letter of the 22d of August last, from the honourable Meshech Weare, Esq. President of the Council of New-Hampshire, to his Excellency Governor Chittenden : and every matter, which may relate to the subject therein contained.
His Excellency THOMAS CHITTENDEN, Esq. in the Chair.
BEZALEEL WOODWARD, Esq. Clerk.
Sundry papers were laid before the committee, riz.
A letter from President Weare to Governor Chittenden, dated August 22d last.
Answer from Governor Chittenden to President Weare, dated Sept. 3d.
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Appendix G.
Copy of a letter from President Weare, in behalf of the council and assembly of New Hampshire, to their members at the Continental Con- gress, dated August 19th. 1778.
Report of Col. Ethan Allen, from members of congress of the 10th inst. Protest from Hinsdale, Brattleborough, &c. dated April 15th.
And a copy of a letter from Governor Clinton to Pelatiah Fitch, Esq. dated July 7th, 1778.
A verbal representation was also made by Col. Ethan Allen of the situation of affairs relative to this state, at the honorable Continental Congress:1 after which, the matters, relative to the union ofsundry towns, east of Connecticut river, with this state, were largely discussed.
Committee then adjourned till to-morrow morning, eight o'clock : and continued, by various adjournments, to the 16th.
October 16th .- Committee met, according to adjournment-when the following question was put, riz.
Whether this committee will enter on such measures as may, in their opinion, have a tendency to support the union with the towns, east of Connecticut river ? which was voted in the affirmative.
Committee adjourned till to-morrow morning, eight o'clock.
October 17th,-Committee met, according to adjournment: at which time his Excellency Governor Chittenden, his honor Lieutenant-Gover- nor Marsh, Col. Elisha Payne, the honorable Jonas Fay and Bezaleel Woodward, Esq. were appointed a committee to draw the ont-lines of a plan to be pursued, for the further establishment of the state, and to lay a foundation for an answer to President Weare's letter to Governor Chittenden.
Committee adjourned till Monday next, two J'elock, P. M.
Monday, October 19th .- Committee met, according to adjournment.
The committee, appointed on the 17th instant, made their report, as on file; which was repeatedly read, and approved. And thereupon
VOTED, That this committee, having taken into their consideration the matters contained in the letter from the honorable Meshech Weare, Esq. President of the Council of New-Hampshire, to his Excellency Governor Chittenden, &c. agree to report to the general assembly the measures proposed by their sub-committee, as having, in their opinion, the most effectual tendency for the further establishment of this state .- Which were reported accordingly : and are as follows, riz.
STATE OF VERMONT, Windsor, October 19th, A. D. 1778. To the committee, consisting of the Governor, Deputy Governor, Council and House of Representatives.
1 In the Rural Magazine, by Dr. WILLIAMS, p. 518, is the following ac- count of the verbal statements of ETHAN ALLEN :
The colonel, in addition to his written report, publicly declared before a committee of both honses, when the matters were under consideration, that the President of Congress, in private conversation with him when at Philadelphia, told him, that in case the union with those towns on the east side of the river was dissolved, he had no objection to the grants on the west side being a State. And the following question be- ing put to him, [Allen, ] in the same publie manner, by one of the mem- bers of the assembly, viz. "Did not the New-Hampshire delegates at Congress, when you was at Philadelphia, agree with you, that in case you would get the union with the towns on the east side of the river dissolved, they would assist you in disputing New-York ?" To which he answered, "Yes, they did, upon honour."
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Appendix G.
Your committee, appointed to draw the out-lines of a plan to be pur- sued for the establishment of the state, beg leave to propose as follows, riz.
First. That a declaration be drawn up, setting forth the political state of the grants, on both sides of Connecticut river. from the time of their being granted-viz. that the grants were taken as being under jurisdic- tion of the government of New-Hampshire; where the grantees ex- pected to have remained :- that the King of Great-Britain, under the influence of false and ex-parte representation, passed a decree in Coun- cil. A. D. 1764, that part of the grants should be under the control of the government of New-York :- that said decree was, in its nature, void, from the beginning, on account of the undue influence, under which it was obtained : and that the whole of said grants were, consequently, of right, under the same jurisdiction, as before said decree took place-but the Governor of New-Hampshire. not exercising jurisdiction over those, west of the river, they remained, part under the jurisdiction of the gov- ernment of New York. but the greater part in opposition thereto, till near the time of the declaration of independence of the United States, by which the whole of the grants became unconnected with any state: and had an opportunity to assert. and enter on, measures to support their just rights, and were at liberty to unite together. or with any other state, which might agree to receive them. In this situation, the inhabitants on the grants, west of the river. (already determined, by the cruel treat- ment they received from New-York. not to be under the control of that state,) entered on measures for establishing government among them- selves; and a considerable number of towns on the grants, east of the river, after various ineffectual endeavors to unite with New-Hampshire, on such principles as they esteemed just and equitable, united with the grants, west of the river, on the plan of government. which they had adopted; and with them have solemnly covenanted to support each other in said government. And as, by their situation and agreement, in man- ners. habits. &c. they conceive they are called upon, and warranted. to set up and maintain civil government in a distinct state; and as those grants ought not to be divided between New- York and New-Hampshire, or any other way, merely to serve interested views; they are unani- mously determined, in every prudent and lawful way. to maintain and support, entire. the state as it now stands.
Second. That proposals be made to New-Hampshire. that those towns only, which lie west of the Mason claim, and which shall accede to a union with this state, agreeable to a resolve of assembly at their session. at Bennington, the eleventh day of June last, be admitted to a union with this state. And, in case New-Hampshire shall not agree thereto, or to some line that shall be agreed on. as an equivilent, that they agree to a submission of all matters of complaint and dispute in the premises, to congress, for a decision: the grants being allowed equal privileges as the state of New-Hampshire. in supporting their cause-or that they submit the matter to any court, that may be agreed on, and constituted by the parties, for a decision; saving to themselves, in the trial, all right, privilege and advantage, which they had. or might have, by any former grant, jurisdiction, power and privilege, on account of any former situa- tion or connection with any province or state. heretofore had; and not- withstanding any subsequent transactions.
Third. That a committee be appointed to draw these proposals at large, and report them to this assembly; that they may be transmitted to the council and assembly of New-Hampshire, desiring their answer; and that copies thereof be transmitted to congress, and to other states
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Appendix G.
for their information, and for the vindication of our conduct: also to all the towns on the said grants.
Fourth. That the general assembly proceed to erect courts. and enact laws and regulations for the support of government; as far as the cir- cumstances of the state will admit.
By order. THOMAS CHITTENDEN. Chairman.
The joint committee, then, dissolved. Attest.
BEZALEEL WOODWARD. Clerk. In General Assembly. Monday, October 19th.
The joint committee of Governor. Lieutenant-Governor, Council and Assembly, made their report, as before mentioned, and the consideration thereof. was deferred till to-morrow.
Tuesday, October 20th.
The report of the joint committee of Governor, Lieutenant-Governor. Council and Representatives, made yesterday to this assembly, was road. and approved; and thereupon.
Resolved, That the first and second articles, in the report of measures proposed by the joint committee, be transmitted to the President of the honorable Continental Congress, and to the President of the Council of New-Hampshire, with proper letters accompanying them.
Resolved. That Col. Payne. Mr. Jones and Mr. Woodward, be a com- mittee, to join a committee from the council, to make a draft of the above mentioned letters, to be laid before this assembly.
Resolved, That a committee be chosen, by ballot, to draw up the pro- posed declaration at large. to be laid before this assembly.
Chose Col. Allen, Col. Payne, Dr. Fay, Mr. Woodward and General Bayley, a committee for the above mentioned purpose.
Resolved, That the two first articles. in the report of measures propo- sed to be pursued, for the establishment of the state, be printed in hand bills, and transmitted to all the towns on the New-Hampshire grants.
Resolved, That Mr. Nathaniel Robinson, Col. Payne, Mr. Woodward. Capt. John Fassett, jun. Mr. Post. Capt. Throop, Capt. Ebenezer Cur- tiss. Maj. Bayley and Mr. Wells, be a committee. to join a committee from the council to draw a bill to be laid before this assembly. for divid- ing the state into four counties.
Wednesday, October 21st.
The following questions were proposed, and answered, as herein stated.
Question 1st. Whether the counties, in this state, shall remain as they were established by this assembly, at their sessions in March last ? Yeas 35, riz.
Capt Noble,
Nays 26, riz. Col. Walbridge,
Capt. John Fassett.
Mr. Jackson,
Mr. Millington,
Mr. Alvord.
Capt. John Fassett, jun.
Mr. Aiken.
Mr. Thomas,
Mr. Tilden.
Mr. Bradley.
Mr. Bartholomew.
Capt. Gideon Ormsbee,
Mr. Smith.
Mr. Powell,
Mr. Nutting,
Capt. Underhill.
Mr. Foster.
Mr. Adams,
Mr. Estabrook.
Mr. Rowley,
Capt. Wheatley.
Mr. Ward,
Capt. Turner,
Mr. Freeman,
Mr. Lewis, 1 Mr. Post,
Capt. Woodward.
Mr. Thomas Baldwin,
Mr. Belknap,
Mr. Benjamin Baldwin.
Mr. Moses Robinson.
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Appendix G.
Capt. Jonathan Fassett,
Col. Payne,
Capt. Powers,
Mr. Chandler,
Mr. Foot,
Maj. Bayley,
Capt. Starr,
Capt Young,
Mr. Wells,
Mr. Curtiss,
Mr. Hamilton,
Capt. Hatch,
Capt. Knight,
Mr. Parkhurst,
Col. Fletcher,
Mr. Harvey,
Mr. Nathaniel Robinson,
Maj. Chandler,
Mr. Webb,
Mr. Woodward.
Mr. Scott.
Capt. E. Curtiss,
Mr. Gallup.
Capt. Williams,
Capt. Throop,
Capt. Hodges,
Mr. Harris,
Mr. Miles,
Mr. Cooper.
The following reasons were assigned by those on the negative of the foregoing question, and inserted by their desire, riz.
We, whose names are hereunto annexed, being entered as nays, on the foregoing question, hereby assign our reasons for thus voting:
First. Because the whole State of Vermont was, (by the establishment referred to in the question) in March last, divided into two counties only; which was previous to the union of the towns, east of Connecticut river, with this state; and, consequently, they never have been annexed to any county in the state; and, therefore, will thereby, be put out of any pro- tection or privileges of said state; which we conceive to be inconsistent with the 6th section of the bill of rights, established as part of the Con- stitution.
Second. Because the affirmative of the question is in direct opposition to the report of the committee of both houses (of the 19th inst.) on the subject: which was confirmed by a resolve of Assembly yesterday; as may appear by the report of said committee, and resolves of the house thereon; reference thereto, being had.
Elisha Payne, Bezaleel Woodward, James Bayley, Alexander Harvey,
Stephen Tilden. John Wheatley, Bela Turner, Jonathan Freeman,
David Woodward,
Thomas Baldwin, John Young,
Edward Aiken.
Benjamin Baldwin. Abel Curtiss,
Nehemiah Estabrook,
Abraham Jackson, Ebenezer Walbridge,
Joseph Hatch,
Tim. Bartholomew, John Nutting,
Abner Chandler, Frederic Smith,
Joseph Parkhurst, Reuben Foster.
Question 2d. Whether the towns, east of Connecticut river, included in the union with this state, shall be included in the county of Cumber- land ?
Question 3d. Whether the towns on the east side of Connecticut river, who are included, by union, within this state, shall be erected into a dis- tinct county by themselves ?
Yeas 28, riz. Col. Walbridge, Mr. Jackson, Mr. Alvord, Mr. Aiken,
Nays 33, riz. Capt. Noble. Capt. John Fassett, Mr. Millington, Capt. John Fassett, jun.
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Appendix G.
Mr. Tilden,
Mr. Thomas,
Mr. Parkhurst,
Mr. Bradley.
Mr. Bartholomew.
Capt. G. Ormsbee,
Mr. Smith,
Mr. Powell,
Mr. Benjamin Baldwin,
Capt. Underhill,
Mr. Nutting.
Mr. Rowley,
Mr. Foster,
Mr. Moses Robinson,
Mr. Estabrook,
Mr. Adams,
Capt. Wheatley,
Mr. Belknap.
Capt. Turner,
Mr. Ward.
Mr. Lewis,
Mr. Post,
Mr. Freeman,
Capt. Jonathan Fassett.
Capt. Woodward.
Capt. Powers.
Capt. Young,
Capt. Starr.
Capt. Hatch.
Mr. Hamilton,
Col. Payne,
Capt. Knight,
Mr. Harvey,
Col. Fletcher.
Mr. Chandler,
Mr. N. Robinson,
Mr. Woodward,
Mr. Webb.
Mr. Scott,
Capt. E. Curtiss.
Capt. Williams.
Capt. Throop,
Capt. Hodges,
Mr. Harris,
Mr. Miles,
Mr. Cooper.
We. whose names are under written, were on the affirmative of the two last foregoing questions, because, the negative being passed, the towns on the east side of Connecticut river, who are included, by union, with this state, are thereby effectually debared from all benefit. protec- tion and security of the commonwealth of Vermont. in violation of the sixth article in the bill of rights, which is established as part of the con- stitution of said state; and in violation of the public faith of said state, pledged by their general assembly, at Bennington, June 11th. 1778: and also a resolve of this assembly passed yesterday, whereby the towns, east of the river, which were received into union with said state, were enti- tled to all the privileges and immunities, vested in any town in said state; as by said resolutions may appear, reference thereto being had.
Elisha Payne. Bezaleel Woodward, James Bayley, Alexander Harvey.
Stephen Tilden, John Wheatley,
Bela Turner, Jonathan Freeman.
David Woodward,
Thomas Baldwin, John Young,
Edward Aiken.
Benjamin Baldwin, Abel Curtiss.
Nehemiah Estabrook,
Abraham Jackson,
Ebenezer Walbridge.
Joseph Hatch,
John Nutting,
Joseph Parkhurst,
Israel Morey,
Abner Chandler,
Ichabod Ormsbee,
Elijah Alvord.
Abner Lewis,
Resolved, That the following matters be printed, for the perusal of the several towns represented in this assembly. viz.
A list of the names of representatives, who have attended this assem- bly, with their towns annexed.
The resolution of the house by which the joint committee was formed.
1
Mr. Thomas Baldwin,
Mr. Foot.
Mr. Abel Curtiss.
Mr. Wells,
Maj. Bayley,
Col. Morey,
Cant. Ormsbee,
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Appendix G.
The report of the joint committee on the 19th inst.
The proceedings of assembly thereon, yesterday.
The resolution passed yesterday, respecting division of counties.
And the whole of the proceedings of Assembly, passed this day, to- gether with the reasons annexed by dissentients.
Extracted from the Journals and compared.
By BEZALEEL WOODWARD, Clerk.
Protest of thirty-seren Members of the General Assembly, representing Neu Hampshire towns, and towns in eastern Vermont.
STATE OF
Windsor, October 22d. A. D. 1778.
VERMONT. SS.
We, whose names are under written, members of the Council and general assembly of said state. beg leave to lay before the assembly the following, as our protest and declaration against their proceedings on Wednesday the twenty-first inst. in passing the three following votes or resolutions, riz.
First. "That the counties, in this state, shall remain as they were established by the Assembly of this state in March last."
Second. "That the towns on the east side of the river, included in the union with this state, shall not be included in the county of Cum- berland."
Third. "That the towns, on the east side of the river. shall not be erected into a distinct county by themselves."
As by said votes on the journals of the house may appear. Which votes are illegal, and in direct violation of the Constitution of this state, and the solemn engagements and public faith pledged by the resolutions of said assembly; as by the following observations will plainly appear, viz.
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