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 48
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1. That as the towns. on the east side of said river, were never an- nexed to any county in said state. they are, consequently, by said votes, entirely excluded the liberties, privileges, protection, laws and jurisdic- tion of said state; all which were granted them by the state, by an act or resolve of assembly, passed at Bennington, in June last, containing the union and confederation of the state and said towns: by which act or re- solve of assembly, every town included in the union, received by grant from the then state of Vermont, all the rights, powers and privileges of any other town in said state; which they cannot be deprived of, without their consent: as it is a maxim that the grantor or grantors cannot re- assume their grant, without the surrendry of the grantee or grantees.
2. That said votes are in direct opposition to a solemn resolution of this assembly, passed the 20th inst. establishing the report of the com- mittee of both houses: in which report the assembly have solemnly cov- enanted to defend the whole of the state. entire, as it then was, includ- ing said towns.
3. That, by the Constitution of the State, especially the sixth article in the bill of rights, government is instituted, or declared to be, a right of every part of the community, and not a part only-Said votes, there- fore, are a violation of the Constitution.
4. That, so far as the assembly have power, they have, by said votes, totally destroyed the confederation of the state. by depriving those towns, included in the union, of the exercise of any jurisdiction, power or privilege. granted them in the confederation. by which the towns in the state are combined and held together as one body.
And as no political body can exercise a partial jurisdiction, by virtue of a confederation or agreement of the people to exercise government
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over the whole; it is, therefore, either void, or destroys both the confed- eration and Constitution.
We do, therefore, hereby publicly declare and make known. that we cannot, consistent with our oaths and engagements to the state, (so long as said votes stand and continue in force.) exercise any office or place, either legislative, executive, or judicial, in this state; but look upon our- selves as being thereby discharged from any, and every. former confed- eration and association with the state.
J. Marsh. D. Governor. Peter Olcott, Assistant,1 Thos. Moredoek. Assist.1
Elisha Payne. Bezaleel Woodward, James Bayley,
Stephen Tilden.
John Wheatley, Alexander Harvey,
Bela Turner, Jonathan Freeman. David Woodward,
Abner Chandler, Ichabod Ormsbee,
Elijah Alvord,
Benjamin Spaulding, Reuben Foster,
Frederick Smith,
John Nutting. Joseph Parkhurst.
Israel Morey,
Benjamin Baldwin, Abel Curtiss.
Nehemiah Estabrook.
Thomas Baldwin, John Young,
Joseph Hatch.
The protesting members immediately withdrew from the Legislature, leaving, in the Assembly, a number barely sufficient to constitute a quo- rum. This number proceeded to finish the business of the session. and adjourned, on the 24th of October, after having provided, by the follow- ing resolution, for ascertaining the sense of the people on the subject of the union.
" In General Assembly, Windsor, October 23d, 1778.
Resolved, That the members of this Assembly lay before their constit- uents, the situation of the union subsisting between this state and six- teen towns, east of Connecticut river; and be instructed how to proceed relative to said union, at the next session of this assembly.
Whereas there are several inhabited towns in this state, that have not been represented in this assembly, according to constitution; and others, whose representatives have withdrawn themselves, and refuse to take a seat in this house :
Therefore, Resolved, That the constable or constables of each respect- ive town in this state, that is not fully represented, according to consti- tution, and of each respective town whose representatives still refuse to take their seats, be, and are hereby directed to warn all the freemen of their respective towns to meet together at some convenient time and place, by them appointed, within such towns, before the next adjourned session of assembly, and make choice of a representative or representa- tives to attend the assembly, at their adjourned session, to be holden at Bennington, on the second Thursday of February next."
Proceedings of the General Assembly of the State of Vermont, at their ses- sions in October, A. D. 1778. Containing an explanatory comment on sundry of their Resolutions, &c. By a Committee of the protesting Members. Addressed to the Freemen and other Inhabitants of said State.
[Furnished by Hon. JAMES H. PHELPS of West Townshend.]
As a foundation for the propriety of the following remarks, we shall recite the resolution of the General Assembly, passed at Bennington June 11th, 1778, which is as follows, viz.
1 Members of Council.
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"STATE OF VERMONT, Bennington, ss.
In General Assembly, June 11th, 1778.
"On the representation of a Committee from the New-Hampshire Grants (so called) east of Connecticut River, that the said Grants are not connected with any State with respect to their internal police, and that sixteen Towns in the northwestern 1 part of said Grants have as- sented to a union with this State, agreeable to Articles mutually proposed by this Assembly and a Committee from the Grants east of said River. as by said Articles on file more fully may appear. Therefore, Voted and Resolved, that the sixteen Towns above referred to-viz. Cornish, Leba- non, Enfield, Dresden, Canaan, Kardigan, Lime, Orford, Piermont, Ha- verhill, Bath, Lyman, Gunthwaite, Apthorp, Landaff and Morristown, be; and hereby are received into union with this State; and are entitled to all the privileges and immunities vested in any Town within the State "
" Also Voted and Resolved, that any Town on the Grants east of Con- necticut River, contiguous to any of the Towns above mentioned, and which has not yet assented to a union with this State, shall be received, on their exhibiting to the Assembly a certificate of a Vote of a major part of the Inhabitants of such Town in favor thereof; or on their appoint- ment, by a major part of the Inhabitants of such Town, of a Member to represent them in the Assembly of this State; and that they shall thereby become entitled to all the rights appertaining to any Town within the State, agreeable to the rules prescribed in the Constitution."
Also the fifth paragraph in the Bill of Rights in the Constitution of this state, viz.
" That all power being originally inherent in, and consequently de- rived from the people, therefore all Officers of Government, whether legislative or executive, are their trustees and servants, and at all times accountable to them."
Pursuant thereto, we appeal to the good People of this State to inter- pose with respect to the resolutions and transactions of said Assembly, exhibited in their Journals; and for a better determination would ob- observe.
First. THAT the number of Members elected to sit in the Assembly in October Instant, was seventy-four, of which number there must be fifty to make a quorum; as may appear by the ninth Section in the frame of Government in the Constitution: in which it is said-" A Quorum of the house of Representatives shall consist of two thirds of the whole number of Members elected."-Under which number there cannot be an Assembly with power to transact any business whatever that shall be legal or binding on the people.
Second. BY the sixth Article in the Bill of Rights referred to in the protest annexed to the Journals of said Assembly, it is declared " that Government is and ought to be instituted for the benefit of the whole, and not a part only."
Third. IT is to be observed that the Assembly, in passing the three Votes protested against, entirely withdrew all protection from, and wholly deprived the people on the east side of the River, who were in- cluded in the union, of the exercise and privileges of Government. As the whole State west of the River, was previous to the union divided into two Counties for the purpose of exercising Government, There- fore all executive and judicial proceedings in the State are and must be transacted by way of Counties and not as a State-Consequently those Towns being excluded from the two Counties, and not erected into a
1 Eastern.
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County by themselves, are totally deprived of the benefit of Government in the State.
Fourth. IT is to be observed that the remaining part of the Members of the Assembly, which consisted of but thirty-nine at most, (after the dissenting members had laid in their protest and withdrawn) resolved, that they would proceed to business-and accordingly proceeded to en- act Laws-establish a Supreme Court in the State, &c.,-and still con- tinne to claim and exercise the powers of the Assembly of the State.
Fifth. IN the eighth Section of the form of Government in the Con- stitution-after mentioning the powers and anthorities of the Assembly, it is said-" but they shall have no power to add to, alter, abolish or in- fringe any part of the Constitution."
From the Resolutions of the Assembly protested against, and the fore- going remarks, it is evident that they have violated their solemn engage- ments to and with said united Towns-in that they, by their Charter passed at Bennington, warranted to them all the privileges and immuni- ties, that any Town in the State had; and by their unanimous resolve on the 20th instant, renewed and confirmed said first Grant or Covenant; all which they have violated by confining the exercise of Government to but part of the State, in direct opposition to said sixth Article in the Bill of Rights-For if they can extend Jurisdiction to but part only, by a parity of reason they may restrict it to a set of men or family.
It is also plain that the act of the thirty-nine Members in assuming to themselves the powers and authority of the Assembly of the State (even when they were not two thirds of the Members elected on the west side of the river) is a most daring attempt made on the rights and liberties of the People, secured them by the Constitution-For if a less number than what the Constitution requires to make a quorum can assume the powers of the Assembly, no certain number is necessary-even the least number can act-All Courts, whether legislative or executive, have a quorum fixed by the Constitution by which they are formed-And in a Court consisting of five Judges, when three make a quorum, two only may presume to claim and exercise the powers of the Court, with as much propriety as any numbers of members less than what the Consti- tution requires, can do it in the Assembly.
The reason of the Constitution's making two thirds of the members elected, necessary to make a quorum, is this-That when two thirds of the members only are present, one person more than one third of the whole, can pass any vote whatever that the whole Assembly could- And the people never intended to rest the important interests and con- cerns of the whole State, in less hands than one more than a third part of the Representatives.
Thus Gentlemen you see that in less than a Year after the establish- ment [of] the Constitution of this State, on which all our political rights and liberties depend, flagrant and open attempts are made to violate and destroy it, and set up arbitrary power in direct opposition thereto .- This is justly alarming, and it becomes Yon (who only have the power in your hands) to call this Assembly to account for their Conduct; to you alone they are amenable; and to you we submit ours and their conduct for your censure or approbation. And we doubt not your jealousy to secure your just rights and privileges, will induce you to take the earli- est opportunity to express your sentiments-whether you will justify those who proceeded as an Assembly, after the Dissentients had with- drawn, in open violation of the Constitution; or those who protested and withdrew, and that you will pass your censures and reproofs on those whom you conceive have violated your just rights as declared in the Constitution.
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Appendix G.
And as the unsettled circumstances and difficult situation of the polit- ical state of the whole Grants, call aloud upon us to devise some meas- ures speedily to be pursued, whereby we may all be united and settled in some regular form of civil government-and the conduct of the As- sembly as before mentioned, preventing the carrying into execution the plan proposed in the report and resolves of the Assembly on the 20th inst. We do therefore hereby request and desire each and every Town on the Grants on both sides of Connecticut River, whether united with the State of Vermont or not, to take the matters into their serious and wise consideration; and for the amicable agreement and quiet settlement of the whole of the Grants in a regular state of Government, that each Town elect one or more members to meet in their behalf in Convention, at the meeting-House in Cornish on said Grants, on the second Wednes- day in December next at ten o'Clock in the morning-to consult and agree upon measures whereby we may all be united together, by being and remaining a distinct State, on such foundation that we may be ad- mitted into Confederacy with the United States of America, and under their protection, &c.,-or (if that cannot be effected by reasonable meas- ures) to claim the antient Jurisdiction of the Government of New- Hampshire; and in that way defend ourselves against the pretended right of Jurisdiction of any other State-And thereby become one entire State according to the extent of New-Hampshire Province. as it stood before the decree in 1764 took place.
By order of said Committee, JOSEPH MARSH, Chairman.
Windsor, October 23d. A. D. 1778.
Ethan Allen to the President of New Hampshire. [From the Ethan Allen Alss. Papers, p. 275.] STATE OF VERMONT. WINDSOR, 23ยช Octobr 1778.
Sir, -- In Conformity to my engagement to Colonel Bartlett, one of the Members of Congress from New Hampshire, I am induced to write to your Honor, Respecting a number of Towns to the Eastward of Con- neeticut River which Inadvertantly by influence of designing men, have Lately been brought into Union with the State of Vermont, which in my Opinion is now entirely disolved. Hengaged Col. Bartlett to use my Influence at this Assembly for that Purpose. The Governors [Chitten- den's] Letter to your Honor, Together with what Squire [Ira] Allen the Bearer will Communicate, will set this Matter in its True Light.
The Union I ever view'd to be Incompatible with the Right of New Hampshire, and have Punctually Discharged my Obligation to Col. Bartlett for its Disolution, and that Worthy Gentleman on his part as- sured me, that he had no Directions from the Government of New Hampshire to extend their Claim to the westward of Connecticut River to Interfere with the State of Vermont, and I hope that the Govern- ment of New Hampshire will excuse the Imbecility of Vermont, in the matter of the Union. I apprehend Col. Payne [Elisha, of Cardigan and Lebanon, N. H.] had a Principal Influence in it, and it was with Difficulty that this Assembly got rid of him. I am appointed by this Assembly to act as agent for the State of Vermont at Congress, where I shall shortly repare, and Depend that New Hampshire will Ac- cede to the Independency of the State of Vermont as the last Obsticles are Honourably removed.
I am with Due respect Sir your very Humble Seryt,
ETHAN ALLEN.
Honble Meshech Weare, Esq.
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Appendix G.
The President of New Hampshire to Ethan Allen.
[From the Ethan Allen Mss. Papers, p. 277.]
STATE OF NEW HAMPSHIRE. EXETER, Novemr 5th 1778.
Sir .- I received yours of the 23d ulto. by Ira Allen Esq. and at the same time a Letter from Thomas Chittenden Esq. purporting a Resolu- tion of the State of Vermont concerning the late connection of some Towns part of the State of New Hampshire in the following words : " That no additional Exercise of Jurisdictional authority be had (by this State, (Vermont.) ) for the time being."' Which by no means expresses their future designs or intentions on the matter. Nevertheless as you have been so full and explicit in your own Sentiments, I trust the Body of your people will be of the same Opinion, as I am sure every Sensible person will notwithstanding the blind designs of some uneasy and never to be contented persons, whose views must certainly be more det- rimental to you than they possibly can be to New Hampshire. What- ever may be determined by Congress relative to the acknowledgment of your Independency will be fully acquiesced in by New Hampshire.
Colo. Ethan Allen. M. WEARE.
An Account of the Union of sixteen towns on the east side of Connect- icut River, with the State of Vermont. By IRA ALLEN Esq.
[From the Rural Magazine. vol. I. pp. 519-20.]
To the Honourable Council and General Assembly of the State of New- Hampshire, now sitting at Exeter, in said State.
Gentlemen,-Pursuant to my appointment (by the General Assembly of the State of Vermont) to wait on the Hon. Meschech Weare, Esq., president of the council of the state of New-Hampshire, with a letter from his Excellency Thomas Chittenden, Esq., and as in the said letter, reference was had to me for further particulars, relative to the union of sixteen towns on the east side of Connecticut River with the state of Vermont, and as it has been the desire of' the Hon. the General Assem- bly, that I would give them a short state of facts relative to the said union, &c .. I therefore beg leave to state the following, as a short and concise state of the matter, viz.
The first movement to form the state of Vermont was from the west side of the Green-Mountain ; in consequence of which, several commit- tees were sent to the then counties of Cumberland and Gloucester, to see if the people there would unite with the people on the west side of the Mountain to make one body politic.
About two years ago, Col. John Wheelock being apprised of that movement, went to the town of Norwich, where one of the said com- mittees were, and proposed to them, for a number of towns on the east side of the river, to unite with those towns on the west side of said
1 This letter of Governor Chittenden was not entered in the record of the Governor and Council. President Weare seems to have quoted the pith of it. It has already been stated (ante, p. 281, note,) that the union had been indirectly dissolved on the 21st of October 1778. So Ethan Allen construed the action of the Assembly at that time, while Gov. Chittenden stated it as a suspension of the union " for the time being." In fact the formal dissolution did not occur until the 12th of February 1779.
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river ; but was answered by said committee, that they were not ac- quainted with the situation of New-Hampshire, therefore they should do nothing about it.1
Last March. after the governor and council were declared chosen, and the assembly formed, agreeable to the constitution of said state, there came a committee from the east side of the river, said to be chosen by a con- vention of [town] committees, whereof Mr. Easterbrooks was chairman, and moved, in behalf of the New-Hampshire grants east of said river, (as they were pleased to style it) for a union with the state of Vermont ; in consequence of which, a committee was chosen from both houses to confer with said committee, and make a report of their opinion thereon to the house : The committee. after all the debates thereon, reported to the house as their opinion, not to connect with said committee in any way or manner whatsoever. The house, after mature deliberation, voted to accept of said report ; which gave such dissatisfaction to several of the members of the council and assembly, that lived near Connecticut River, that they declared, if them people (meaning those on the east side of the river) were to be entirely excluded from connecting with said state, they would withdraw from the then state of Vermont, and connect with them people, and form a new state : Then, after long and tedious debates, the whole was referred to the people at large, and to be brought before the assembly again at their next session in June. Col. Paine [Col. Elisha Payne, then of Cardigan, N. H.] and others of that committee, then publiely de- clared, that they had conversed with a number of the leading members of the assembly of New Hampshire, from the eastern part of the state, who had no objection to their joining with the state of Vermont ; but some members in the western part of said state was opposed to it : But gave it as their opinion, that New-Hampshire, as a state, would make no difficulty about it. This last idea was carried to the people ; and, under this mistake of the matter, a majority of the towns in the state voted for the union, which the general assembly could do no otherwise than confirm, they being previously instructed to do so by their constit- uents. The assembly then proceeded to business, amongst which, there was an order given out for each town in the state that saw fit to choose a justice of the peace : and several temporary acts were made, all to stand until the rising of the next assembly.
1 Col. JOHN WHEELOCK, son of Eleazer Wheelock, the first president of Dartmouth college, was born at Lebanon, Conn., Jan. 28, 1754; grad- uated at Dartmouth in 1771; and at the age of twenty-five he succeeded his father as president of that institution. He was a member of the pro- vincial congress in 1774. and of the assembly in 1775. In the spring of 1777 he was commissioned as major of a New York regiment, and in November of the same year as lieutenant-colonel of Bedel's New Hamp- shire regiment. In 1778 he commanded an expedition against the In- dians, and afterward served on the staff of major-general Gates until he was called to the chair of Dartmouth college. He died April 4, 1817. The fact that he was the first to propose an union of western New Hamp- shire with Vermont, is an important addition to the proofs of the inter- est of the corporation of Dartmouth college in that matter. They might well regard the location of that institution in the centre of a large state (when compared with either Vermont or New Hampshire.) as an event which would contribute largely to its success.
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Some time in the month of August, Gov. Chittenden received a letter from the Hon. Mesheeh Weare, Esq. president of the council of New Hampshire, shewing the Disapprobation of said State to the union.
Sometime in September, Col. Ethan Allen was appointed to wait on Congress, to see how the political state of the state of Vermont was viewed by Congress ; who, after the Assembly was formed in October last, reported to the house, that the members of Congress were unani- mously opposed to the union of the sixteen towns, otherwise they had none of them any objection to the state of Vermont's being a state, (the New-York members only excepted.) At the session in October last, several members from the east side of the river, took their seats in con- sequence of the union before mentioned : Then the assembly pro- ceeded to business ; but there appeared such divisions and debates rela- tive to the union, that for about thirteen days there was very little busi- ness done : at which time three votes were passed, which gave rise to a dissent being brought into the house the next day, signed by twenty- seven members of the council and assembly, (both the votes and dissent I have delivered to the Hon. Council [of New-Hampshire.]) The gen- eral assembly then proceeded to the business of the state, and reviewed some old aets. and made some new ; amongst which they ordered one commission to be made for the justices of each county ; and all the names of the justices in the county of Cumberland to be put in the com- mission for that county, and in like manner the county of Bennington.
I was credibly informed by several worthy members of the council and assembly, that the second vote, above referred to in its original, was passed as follows, viz. Whether the towns east of the river, included in the union with this state, shall be annexed to the County of Cumber- land ;- passed in the negative.1
By several flying reports I was informed, that after the above men- tioned twenty-seven members withdrew, they formed a convention, chose a chairman and clerk, and then proposed to give an invitation to all the towns on the grants to join them, and form a new state by the name of New-Connecticut : they then adjourned their Convention to some time the next week, to be held at Lebanon. There was about eleven towns on the west side of the river joined in this Convention.
Thus, gentlemen, I have given a short state of the matter : which I do certify, upon hononr, is the truth, according to the best of my mem- OrV. IRA ALLEN.
Exeter, Nov. 4th, 1778.
The excited feeling, said Hon. WILLIAM SLADE, which produced the secession of the protesting members, urged them to measures of a more alarming character. They immediately assembled, and made arrange- ments for the meeting of a convention ; to which they invited all the
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