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 49
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The official record is in these words : "Question 2d. Whether the towns east of Connecticut river, included in the union with this state, sha l be included in the County of Cumberland :" and the third question was, whether these towns shall be created into a distinet county by themselves. As both questions were negatived, the decision was against the further continuance of the union, and might have been deemed so unqualifiedly but for a subsequent vote referring the question to the people for instructions to their representatives. Hence Gov. Chittenden wrote to President Weare that the decision was adverse to the union " for the time being."
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towns, in the vicinity of Connecticut river, to send delegates .* This convention met at Cornish, in the state of New-Hampshire, on the 9th of December, 1778. The only account of their proceedings, which we have been able to find, is contained in the following abstract of their proposals to the state of New-Hampshire.
1. "To agree upon and settle a dividing line between New-Hampshire and the grants, by committees from each party, or otherwise, as they may mutually agree.
Or, 2. That the parties mutually agree in the appointment of a court of commissioners of disinterested. judicious men, of the three other New-England states, to hear and determine the dispute.
Or, 3. That the whole dispute with New-Hampshire be submitted to the decision of Congress, in such way and manner as Congress, in their wisdom. shall prescribe.
Provided always, That the grants be allowed equal privileges with the other party, in espousing and conducting their cause.
Or, 4. If the controversy cannot be settled on either of the foregoing articles, and in case we can agree with New-Hampshire upon a plan of government, inclusive of extent of territory, that we unite with them, and become with them one entire state, rejecting the arbitrary line drawn on the western bank of Connecticut river, by the king of Great Britain, in 1764.27
The people of Vermont were now fully awake to their danger. The impolicy as well as the injustice of aiding in the dismemberment of New-Hampshire, became too apparent to admit a doubt as to the course proper to be pursued. They were wise enough to retrace their steps. and rid themselves of a connexion which threatened their ruin. Accord- ingly, on the second day of the following session. the assembly of Ver- mont dissolved the union ; as will appear by the following extraet from the journal of their proceedings.1
In General Assembly, February 12th. 1779.
Resumed the consideration of the union between this state and six- teen towns, east of Connecticut river ; when. the instructions of the freemen of this state to their representatives, concerning said union, be- ing examined, it appears that they are instructed to recede from such union. Therefore, Resolved, That Mr. Hibbert and Mr. Wells be a com- mittee to join a committee from the council, to prepare a draught rela- tive to dissolving the union between the sixteen towns, before mention- ed, and this state ; and report thereon to this House.
The committee appointed to prepare a draught relative to dissolving the union with sixteen towns, east of Connecticut river, with this state. brought in the following report, riz.
Whereas, in consequence of a representation made to the general as- sembly of this state, at their session at Windsor, in March 1778, by a committee, consisting of seven persons, inhabiting several towns, lying contiguous to the east side of Connecticut river, that a number of inhab- ited towns, east of said river, were then unconnected with any state, in regard to their internal police ; and, on said committee's application to the general assembly, that the said towns might be admitted into union
1 Slade's State Papers,
*Willlams's History.
4
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with this state, orders were issued by the assembly to the representa- tives' constituents, for instructions in the premises :
And whereas, in consequence of such instructions, the representatives of said constituents, when met, at their adjourned session, at Benning- ton, on the eleventh day of June last, did receive into union with said state, sixteen towns, east of said Connecticut river, and grant leave for other towns to unite, if they should choose :
And whereas, a dispute has arisen, in respect to the right New-Hamp- shire have to exercise jurisdiction over those sixteen towns, as claimed in a letter to his Excellency Thomas Chittenden, Esq., by Meshech Weare, Esq. President of the Honourable Council of the state of New- Hampshire, dated Ang. 22d, 1778 :
And whereas, the general assembly of this state did, at their session at Windsor, in October last, agree on certain methods (contained in the report of the grand committee of both houses) to settle and adjust the dispute with New-Hampshire : nevertheless. the measures to be pursued to effect those methods, were rendered impracticable by the members, east of said river, withdrawing themselves from the house, in an uncon- stitutional manner, and forming a convention, in direct violation of the most solemn oaths and obligations into which they had entered, declar- ing themselves discharged from any and every former confederation and association with this state :
And whereas, your committee have just grounds to apprehend that the said sixteen towns are, of right, ineluded within the jurisdiction of New-Hampshire : they are. therefore, of opinion, that the said union ought to be considered as being null, from the beginning.
JONAS FAY, Chairman of Committee.
The above draught being read, was accepted, and this house do, there- upon, resolve that the said union be, and is hereby dissolved, and made totally void, null and extinct : and that his Excellency the Governor be, and he is hereby directed to communicate the foregoing draught, and re- solve thereon, to the President of the Council of the state of New- Hampshire."
The foregoing report and resolution were presented by IRA ALLEN to the President and Council of New-Hampshire on the 20th of March fol- lowing.
Ethan Allen to the President of New-Hampshire. [From the Ethan Allen Mys. Papers, p. 279.]
BENNINGTON, March the 4th day 1779.
Sir,-The Union which Impolitically was for a Time adhered to by a Majority of this State. and which rec'd its death wound at the session of our General Assembly in October last at Windsor, has at our late session at Bennington, been in the fullest and most Explicit manner Dissolved ; and that without a dissenting vote. And as the Laws of this State are nearly ready for the press, and will soon be promulgated among the People, after which this Government will exert itself to Quiet the Schism on this Side of the River. I hope your Government will vigorously exert their authority to the East Banks of the River. for I consider the Schism on both sides to be Equally against both Governments, and therefore both should join to suppress it. I have this further reason for the Exer- tion of Government. as I am confident that Argument will be lost with them, for the heads of the Schism at large are a Petulant, Pettefoging, Scribbling sort of Gentry, that will Keep any Government in hot water till they are Thoroughly brought under, by the Exertions of authority.
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This matter I submit to your better Judgment. and remain with Due Respects Your Honours Most
Obedient and Humble Servt. ETHAN ALLEN.
Honble. Meshech Weare, Esq.
An Account of the Proceedings of New-Hampshire. By IRA ALLEN, Esq. To the Inhabitants of the State of VERMONT.
[From the Rural Magazine, vol. 1, pp. 571-574.]
Friends and Fellow Countrymen,-Pursuant to instructions received from the governor and council of this state, to wait on the honourable the general assembly of the state of New-Hampshire, at their session in March last, I waited on them : and at the request of several gentlemen in this state. I now publish a short and concise account of some matters that concern this state :
I arrived at Exeter on the evening of the 19th of March [1779.] and the next morning delivered the public writings (that were entrusted me by the governor and council of this state,) to the president, and they were read in council: and the president informed me. that General Bal- ley [Gen. Jacob Bayley of Newbury] and Mr. [Davenport ] Phelps were to have a hearing before both houses on the afternoon of the 23d, in a matter respecting the Grants on both sides of Connecticut River, when it would be proper for me to attend, and the papers by me exhibited read.
Being favoured with a copy of a petition to that honourable court, by Gen. Balley and Mr. Phelps, I was excited to publish a hand-bill on the 22d, some of which I herewith exhibit. The before named gentlemen not arriving, on the 25th I desired the papers by me delivered the pres- ident might be read in the house, which was done, and a Committee ap- pointed to take said papers. and confer with me, and report their opinion thereon. Some members of the house then moved, that said committee might go out that afternoon. I informed the house, that I did not move for those papers to be read to hurry a determination; but that I viewed it of consequence to both governments, and that the honourable house might be possessed of the whole matter. and have time for mature de- liberation thereon: And that as Gen. Balley and Mr. Phelps had pre- ferred a petition to the honourable assembly. previous to my arrival, I wished they might have an opportunity to support their petition, as the determination of one case would in some measure determine the other: and that all parties might be satisfied. desired that the determination might be suspended until said gentlemen arrived-which was done.
I shall next insert said petition, which is in these words, viz.
To the Honourable the President in Council, and the Representatives of the State of New-Hampshire, in General Assembly convened,-The Subscri- bers hereto beg leave to represent.
That a large number of charters of incorporation of certain tracts of land, were formerly issued from their Excellencies Benning Wentworth and John Wentworth, Esqrs. in the name of the King of Great-Britain, lying and being west of the Mason grant, and east of a north line, drawn from the north-west corner of the now state of the Massachusetts-Bay, to Lake Champlain, and from thence to the latitude of forty-five degrees. That in the year 1764, the aforesaid King of Great-Britain, in violation of his contract with the grantees, and in an arbitrary manner, passed a decree, that there should be a division of the aforesaid grants between the then Province of New-York and New-Hampshire; to which decree,
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the inhabitants of said grants were then, and have, ever since, been averse ; as they were, thereby, deprived of privileges which they, of right. claimed, and in their settlement, reasonably expected, within the jurisdiction of New-Hampshire .- That the inhabitants aforesaid, since the declaration of independence, view themselves at liberty to connect in one body politic, or unite with any other state .- That they are now, in general, desirous of an union with the state of New-Hampshire. That the representatives of the people, in assembly, on the 20th of October last, voted, that a defence of the rights of the people be stated by a com- mittee appointed for that purpose, and that answers to some letters, &e. be dratted by said committee .- Also, that offers be made to the state of New-Hampshire, either to settle a boundary line between said New- Hampshire and the grants, by a committee mutually chosen, or in such way as Congress may point out; or to make an offer of the whole of said grants to New-Hampshire.
That on the 9th day of December last, by a convention of committees delegated by the inhabitants of said grants,* it was voted, that proposals of an union with said New-Hampshire be made to the assembly of said state.
In consequence whereof, we, the subscribers, being duly authorised for that purpose, do now propose to this honourable court, that the whole of said grants be connected and confederated with said state of New- Hampshire, receiving and enjoying equal privileges and immunities with the good people of said state.
Dated at Newbury, this 17th day of March, 1779.
JACOB BALLEY, DAVENPORT PHELPS.
A true copy of the original petition preferred to the general assembly of the state of New-Hampshire, at their session in March, 1779.
(Attest.) NOAH EMERY, Clk. D. [H.] R.
An extraet of the Proceedings of the Cornish Convention.1 [Dec. 9, 1778,] which authorised said Gentlemen to make overtures to New-Hamp- shire, containing the proposals of said Convention to said State, is as fol- lows, viz.
1. " To agree upon and settle a dividing line between New-Hamp- shire and the grants, by committees from each party, or otherwise, as they may mutually agree.
Or, 2. That the parties mutually agree in the appointment of a court of commissioners of disinterested, judicious men, of the three other New-England states, to hear and determine the dispute.
Or, 3. That the whole dispute with New-Hampshire be submitted to the decision of Congress, in such way and manner as Congress, in their wisdom, shall prescribe.
Provided always. That the grants be allowed equal privileges with the other party, in espousing and conducting their cause.
Or. 4. If the controversy cannot be settled on either of the foregoing articles, and in case we can agree with New-Hampshire upon the plan of government, inclusive of extent of territory. that we unite with them, and become with them one entire state, rejecting the arbitrary line drawn on the western bank of Connecticut river, by the King of Great- Britain, in 1764."
1 Called by the Protesting Members of the Vermont General Assembly.
* There were but eight towns in Vermont, represented in this convention. - Williams.
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The reader is now invited to take a retrospective view of said petition and extract, and candidly determine for himself, how near said petition comports with the directions from said convention.
It is to be observed, that there were but eight towns on the west side of Connecticut river represented in said convention; yet Gen. Balley* had the audacity to declare in said petition, that they were duly author- ized by the inhabitants of said Grants, to make such an overture to New- Hampshire, and that said inhabitants were in general desirous of an un- ion with said state.
But to return to the assembly of New-Hampshire. Gen. Balley and Mr. Phelps arrived in town the evening of the 29th, and on the 30th had a hearing before both houses, and the papers which I had before deliv- ered the president were read: and it was moved, that a committee should be appointed from both houses, to take up the whole matter; and the council withdrew. The house procceded to choose a committee, which was joined by the Hon. Board, and the parties were notified to attend.
The committee reported to the house (in the forenoon of the 2d of April) for the assembly of New-Hampshire to lay a claim to the whole of the Grants, on this principle, viz. Not to hinder the state of Vermont from being established as a state by Congress, but rather to help the in- habitants, in case the Yorkers should hinder said state from being estab- lished by Congress; and that New-Hampshire should exercise jurisdic- tion to the west bank of Connecticut River. After a small debate on the report, one of the members of the house desired to know whether said report was agreeable to me or not. I then informed the hon. house, that it was by no means agreeable to me,-and the consideration of the report was laid over until afternoon, when the house resumed considera- tion of said report. Mr. Phelps spoke in favour of said report, and I spoke largely against it: in which I observed, That I did not doubt of the good disposition of New-Hampshire towards Vermont - that it was near fifteen years since New-Hampshire bad laid any claim to the Grants west of Connecticut River: during which time, the inhabitants had suf- fered all the evils that a Colden, Dunmore, Tryon, and a Clinton, to- wether with a clan of New-York land-jobbers could invent and inflict; but that a glorious spirit of freedom stimulated the Green-Mountain Boys (in former days) to draw and wield their swords in defence of their persons and properties-that they had hitherto bathed all their diabolical machinations against them-that the state of Vermont had nothing of consequence to fear from New-York - that it had been the wisdom of the assembly of said state. to appoint three agents to wait on Congress as often as the nature of the case might require, who would be able to give seasonable information. should any difficulty arise at Congress. That I was apprehensive that such a claim (although it seemed well meant) would tend to make. or rather continue some internal broils in the state of Vermont; and therefore wished said claim might be suspended to some future day. And the consideration of said report was laid over to the next session of said assembly.
Since my arrival from New-Hampshire, have been informed that re- monstrances against this state were signed and signing in a few towns, by the instigation of some of the protesting members of the late coun- cil and assembly of this state. in order to be preferred to the grand , council of America-that a number (nearly similar to the others) have been lately printed for that purpose, one of which I have before me, in which I observe several gross mistakes ; but shall not take notice of any
* Ira Allen's note : 1 omit Mr. Phelps' name, as he is an inhabitant on the east side of Connec- ticut River.
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but what are contained in the fourth paragraph of said remonstrance, which is in these words, viz.
4. That they have, contrary to the resolve of Congress, proceeded to confiscate many and large estates belonging to persons called Tories, and have disposed of them accordingly, and the avails appropriated to many frivolous and unnecessary purposes, without depositing any part. thereof in the continental loan-offices.
Whether it be right or wrong to confiscate the estates of Tories, I do not take upon me at this time to determine : but have to observe, that those very gentlemen were active with the other members of the coun- cil and assembly, in forming a court of confiscation, and confiseating the estates of Tories, and have assisted in disposing of the avails of such estates. As the money had passed through my hands, shall give some account of it. A very considerable part of it has been paid to the brave officers and soldiers who have served in the defence of this and the United States-and I have now in my office, upwards of sixteen thousand dol- lars in Continental loan-office notes.
I am well informed, that several of the members of the grand council of America, do not hesitate to give it as their opinions, that the state of Vermont, of right, ought to be a state ; and that in due time it will be established as such.
I am, friends and countrymen, your most obedient humble servant,
Norwich, April 19th 1779.
IRA ALLEN.
Claim of New-Hampshire to the whole territory of Vermont.
[From the Rural Magazine, vol. 1, pp. 574-5.]
STATE OF NEW-HAMPSHIRE.
In the House of Representatives, April 2d, 1779.
The committee on the petition of Gen. Balley and Mr. Phelps, relat- ing to the New-Hampshire Grants, so called, reported, that this state should lay claim to the jurisdiction of the whole of the New-Hampshire Grants, so called, lying to the westward of Connecticut River, setting forth the right this state has to the same : allowing and conceding nev- ertheless, that if the honourable Continental Congress shall allow the said Grants to the westward of Connecticut River to be a separate state, as now desired by some of the inhabitants thereof, by the name of Ver- mont, that in such case this state of New-Hampshire will acquiesce therein. And that this state shall exercise jurisdiction as far west as the western bank of Connecticut River, and no further, until the dis- pute is settled by Congress.
By order of the major part of the committee,
(Signed)
JOSIAH BARTLETT, Ch.
Which report being read and considered-voted, That it lie for further consideration until the next session of the general assembly of this state.
Sent up for concurrence, JOHN LANGDON, Speaker.
In Council. the same day. read and and concurred. E. THOMPSON, Sec'y. STATE OF NEW-HAMPSHIRE.
In the House of Representatives, June 24, 1779.
The house, by vote, took under consideration the report of the com- mittee of the second day of April last, which was at that session voted to lie for consideration until this session, relative to the New-Hampshire
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Grants, &c. And the question being put, Whether the report of the said committee be received and accepted. or not ?- It passed in the af- firmative.
Sent up for concurrence. JOHN LANGDON, Speaker. In Council. the 25th of June. 1779, read and concurred. E. THOMPSON, Sec'y.
TO THE INHABITANTS OF THE STATE OF VERMONT.
[BY IRA ALLEN.]
[Furnished by Hon. JAMES II. PHELPS of West Townshend.]
FRIENDS AND FELLOW-CITIZENS, - Pursuant to appointment by the Legislature and Instructions from the Governor and Council of this State, I waited on the General Court of New Hampshire, at their Ses- sions in June last. and delivered the public Writings intrusted me by the Governor of this State, to the President, which were read in Coun- eil, and sent to the House for their Inspection: The House, after reading and considering the same. resolved into a Committee. to take into con- sideration the whole Matter respecting Vermont, which was concurred in by the Hon. Board; and Thursday the 24th of June, the Committee met in the Assembly Chamber. and the Resolves of Congress of the 1st and 2nd of June, respecting the Premises. and several other Papers were read: among which was the Appointment of Col. Peter Olcott. and Beza Woodward. Esq: impowering them as a Committee from the Com- mittee of the Cornish Convention, to use their Influence with the Gen- eral Court of New Hampshire, to extend their Claim and Jurisdiction over the whole of the New Hampshire Grants. A Question was put to said Committee. by a Member of the House. How many Towns were represented in said Cornish Courention. on the West Side of Connecticut River ? Answer, About twenty-tico in the Whole, and about Half of them west of said River. Said Committee then proceeded to exhibit the Re- turns made on a Hand-Bill formed by the Committee of the Cornish Convention, on the 234 of April last, and sent to the several Towns in this State. for the express Purpose of getting the numbers of the Inhab- itants that were willing New Hampshire should extend their Claim and Jurisdiction over the whole of the Grants-their Returns were sixty-five Persons. They also alledged, that they had mislaid or lost the Returns from one Town, in which there were one hundred and twenty Families and but four Persons acted in Opposition to connecting with New Hamp- shire: That the Reason why more Persons had not acted on said Hand- Bill, was, that they had not circulated thro' the Grants, by Reason of their falling into the Hands of the New Statesmen. who secreted or burnt them :- That for eighty Miles up and down Connecticut River, there were but two Members attended the Assembly of Vermont :- That so far as they had been able to collect the Sentiments of the People, they were very generally on the east Side of the Green Mountain, and a Number on the west Side said Mountain. for connecting with New Hampshire; then referring to the Members of the House who lived con- tignous to Connecticut River. to inform what they knew respecting the matter ; Judge Marsh then arose, and with a Degree of Warmth as- serted, that to his certain Knowledge, two thirds of the Inhabitants of the Grants west of the River, would hold up both Hands to connect with New Hampshire. A few more of the Members of the House, in Con- versation with the other Members, had endeavored to insinuate Tenets nearly similar. I then proceeded to make my Defence; in which I ob-
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served, That it was strange those Gentlemen were at a Loss to deter- mine how many Towns were represented in the Cornish Convention, as one was the Clerk, and both members of the same : - That there were but eight Towns west of the River represented in said Convention :- That the Town said Committee had Reference to as having one hundred and twenty Families, was the Town of Norwich, in which Col. Olcott lived :- That I was informed by several respectable Gentlemen of that Vicinity, that all due Pains were taken to convene the legal Voters on Town Meeting Day :- some refused to attend, as they would not act against the State of Vermont ; others were tired of Town Meetings, and neglected to attend ; in all, thirty-one Persons met. twenty-seven for New Hampshire, and four for Vermont :- That I had as good. if not a better Right, to count those who did not attend the Meeting for Vermont, as they for New Hampshire :- That said Hand-Bills had been sent into the County of Bennington, in several Places: and that the People there did not take so much Notice of them, as to secrete or burn them :- That I was knowing to said Hand-Bills circulating thro' a very considerable Part of Cumberland County :- That in several Towns where they had Town Meetings on other Business, said Hand-Bills were read, and the Towns unanimously voted to have nothing to do with them : in other Towns the select-Men said, they knew nothing of " J. Marsh, Chair- man ;" and if they called a Town-Meeting at his Request, by the same Rule they might have a Town Meeting every Day, if any Gentleman .desired it ; therefore they would have nothing to do with it :- That by this open and public Trial, they had proved that Gen. Bailey, at least, was mistaken when he asserted in his Petition (preferred to the General Assembly of New Hampshire, at their Sessions in March last) That the Inhabitants of the Grants were in General, desirous of an Union with New Hampshire :- That the eighty Miles mentioned by said Committee, where there were but two Members attended the Assembly of Vermont, was true ;- but Part of that Distance was Woods. consequently no Mem- ber could from thence attend ; and some of the other Part was thinly settled, and several Towns joined to choose one Member ; but in that Distance, and for more that eighty Miles more down the River, thro' a settled Country, there were but four Towns on the River where they had got so much as one Man to act in favor of connecting with New Hamp- shire ; and not so much as one fourth Part of the legal Voters in those four Towns-a very small Minority indeed in Favor of connecting with New Hampshire.
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