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 50
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I then proceeded to treat largely on the fundamental Arguments. viz. the Change of Jurisdiction in 1764-the Proclamation issued by his Ex- cellency Benning Wentworth, Esq; dated about Feb. 1765-the Heads of the Grievances the Inhabitants of Vermont have suffered from New York, since 1764, to the present Era-Expence in sending Agents to Great Britain-New Hampshire refusing to exert herself to recover her Juris- diction, although often requested by the Inhabitants of the Grants, when they were put to the greatest Extremity by New York-the Right the People had to assume Government, since the present Revolution-Con- stitution and Code of Laws established-Officers of Government, to- gether with the Freemen of the State, sworn to support the Constitu- tion thereof. as established by Convention-Letters from the General Court of the State of New Hampshire, in November last, giving their full approbation to the State of Vermont's being established by Congress as such, provided the People there, as a Political Body, would dissolve all Connections with sixteen Towns east of Connecticut River, which they alledged to be a Part of New Hampshire :- That every Engagement on the Part of Vermont to New Hampshire, was fulfilled ;- That it was
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one Thing for said State to lay a jurisdictional Claim to the Territory of Vermont, and another to exercise Jurisdiction.
The Committee of both Houses disolved, and the House resumed the Subject, and voted to lay Claim to the Jurisdiction of the Whole of the New-Hampshire Grants. to the Westward of Connecticut River ; never- theless, allowing and conceding, that if the Hon. Continental Congress should establish the State of Vermont, that in such case the State of New Hampshire will acquiesce therein ; and that said State should not extend Jurisdiction farther West than the West Bank of Connecti- cut-River, till otherwise directed by Congress,-Concurred by the Hon. Board. - The General Court then chose a Committee to wait on the Committee of Congress, supposing they would come to the County of Grafton.
Although this Proceedure of the Court of New-Hampshire doth not appear to be to the Disadvantage of Vermont, but rather as a Bar against New York ; yet I must not omit to observe that there are a Number of the Members of that Court, who would be exceeding glad to have the Territory of Vermont added to New-Hampshire. Their principal Mo- tives to me appear to be these, viz. That the Addition of the Territory of' Vermont to that State, would most certainly bring the seat of Govern- ment into another Neighborhood ; but a greater Inducement is the un- appropriated and Tory Lands within this State, which, if added to New- Hampshire, would help them in the heavy Lift of paying Taxes .- If said Lands are a sufficient Motive for some Part of the General Court of New-Hampshire to wish to enlarge their Government for a share in them, surely it would not be for the Interest of the Inhabitants of this State. to take in so many Partners on that Footing, but to the Interest of each Individual to oppose such an ungenerous Extention of New- Hampshire ; and warrantable for the following Reasons :
The State of Vermont is at this Time formidable against its old Ad- versary, New- York, and has little or nothing to fear from her Power in Arms or Influence at Congress .- In former Days, when under British Administration, for any Set of Men to rise and oppose the Authority, was thought a most daring Thing : People in general were under a strong traditional Bias in lavor of Government, and but few, how much soever they might be oppressed, had that Fortitude and Patriotism that they dare appear in Arms to defend their just Rights, in Opposition to the undue Exercise of Law, when attempted to be exercised by legal Officers of Justice ; and when they did, seldom failed of losing some of their Lives, and being vanquished by their Adversaries-witness Nobletown. Livingston's-Manor, Bateman's-Patent, &c .- In those Days the Green-Mountain-Boys were put to the sad Alternative of rising in Arms, and opposing the legislative and executive Authority of New- York, or of giving up their Lands and Possessions to the Land-jobbers of said Province. Then the Green-Mountain-Boys were few in Number, settled in a Wilderness Country, generally poor, but little more than the Heavens to protect them and their Families from the Inclemency of the Weather, the Justice of their Case not publicly known-a rich, pow- erful and intriguing Province to contend with, who did not fail to send their Emissaries amongst them, in order to make Divisions, by Commis- sions, and every other Way in their Power. In short no Kind of Brib- ery or Corruption was too mean for them to be guilty of. Then were the Lives, Liberties and Properties of the People at Stake. In this Situation, a few small Companies of Green-Mountain-Boys, (stimulated by the same patriotic Spirit of Freedom which has since shined with a superior Lustre from one End of this Continent to the other) baffled all the diabolical Machinations of their inveterate Adversaries for more
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than seven Years together. Can this be accounted for, without acknowl- edging the propitious Agency of the Deity ?- In those Days, repeated Applications Were made to New-Hampshire, to exert herself to obtain the Jurisdiction again ; but her Language was then nearly similar to that of righteous Job ; for it was the King gave and the King hath taken away, and blessed be the Name of the King. From that Day to this, said State hath not exerted herself to obtain Jurisdiction again
It was by Virtue of a royal Ediet, that New-Hampshire over had a Right of Jurisdiction to the Westward of Connecticut-River, and by the same Authority, in 1764, the Jurisdiction was curtailed to the West Bank of said River ; and the Assembly of said Province did then ac- quiesce therein. The Members thereof did publicly assert that they had no Desire that their Province should extend any farther than said River; and that they would not do any Thing to obtain Jurisdiction over a Terri- tory they did not want .- Had the People then submitted to the Jurisdiction of New-York, and since the present Revolution associated with them, and assisted in forming a Constitution, established Courts, &c. the In- habitants would now have been effectually bound down to the Jurisdic- tion of said State ; and it would have been now as much out of the Power of New-Hampshire to extend their Jurisdiction to their ancient western Limits, as for the Massachusetts-Bay now to extend their Ju- risdiction to their ancient northern Limits, which I believe none are now so hardy as to think of.
By what has been alread elucidated, it appears that the Inhabitants of the Grants, by their own Exertions, have saved themselves from the heavy Yoke of Bondage which New-York had prepared for them and their Posterity ; and that the Right of New-Hampshire (so late in the Day) to the Territory of Vermont, must be very inconsiderable : And now, for a few of the Members of that General Court, with the Assist- ance of a few Individuals to the East and West of Connecticut-River (for sinister Views) to think of breaking up the State of Vermont, and connecting the Territory thereof again to New-Hampshire, is an idle Whim, a mere Chimera .- It is well known, that by Reason of Oppres- sions from Great-Britain. America revolted from her. and published to the World a List of Grievances for the Vindication of her Conduct .- In like Manner the Inhabitants of the now State of Vermont, published a List of Grievances received from New- York, which to me appear as nu- merous and aggravating as those this Continent has against Great- Britain.
All governmental Power was given by GOD himself to the People ; therefore, the Inhabitants of the now State of Vermont did associate to- gether and assume to themselves that inestimable Blessing of Heaven. civil Goverument. This they did upon the same grand original Basis, or great Rule of eternal Right, that a Number of the present Powers of Europe revolted from the several Kingdoms to which they paid Alle- giance, and on which the United States of America revolted from Great- Britain, and assumed to themselves civil Government. The Inhabitants of Vermont, for more than ten Years last past, have nobly exerted them- selves for the Defence of their Liberties and Property. and in the pres- ent Revolution did most heartily join their Brethren for the joint De- fence of the Liberties and Property of the Americans in general, and have distinguished themselves to the World. as a truly brave and enter- prising People ; and it is conceded to by the United States, that they have done their full Proportion in this War, consequently they are in- titled to equal Privileges with the Rest of their Brethren in America.
They have not delegated their natural Right of Legislation out of their own Hands :- Their Numbers and Territory are sufficient for a State ;
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and they have now as good a Right to govern their own internal Police, as any one of the United States have theirs. By their noble Exertions in the Cause of Liberty, they have acquired the Esteem and Confidence of the United States-merited a Right to the Articles of Confederacy, and a Seat in the Grand Council of America. These precious Privileges, I conceive, will be the ultimate Reward of their many expensive Toils, Battles and Hazards, and for the Attainment of which they have suffered such an uncommon Share of concomitant Evils .- And as I have Reason to apprehend the Grand Council of America is composed of as great Patriots as any on Earth, doubt not but in due Time they will grant us our reasonable Request :- Indeed it is for the Interest of the United States to do it, as soon as the Circumstances of the Continent will admit; therefore we need not hurry them .- It is an ancient Maxim, that Repre- sentation and Taxation should go together ; and until this State is repre- sented in Congress, no Continental Tax can justly be laid on it.
Is it not strange that any of the Inhabitants of this State, who have perused the Constitution and Laws. and duly considered the Advantages that would accrue to each Individual by being and remaining a distinct State, would be willing to give up those Privileges, and connect with any other State ?- Surely the Constitution is upon the most liberal foundation-the Laws are well calculated to preserve inviolate the Lib- erties and Property of each Individual-the Act of Oblivion settles past Controversies, and puts those who made the Laws and those who op- posed them on one Footing, each having a Right to the Protection of the same ; and as one common Interest runs thro' the Whole, hope that past Animosities will be forgotten, and all join Hand in Hand to support their common Rights and Interests.
The Circumstances of this State, in some Respects. is different from every other State on the Continent :- it is not in Debt-I have as much Money in my Office as is due from the State except what I have taken in upon Loan, to balance which. I have in my Office about as much Money in Continental Loan Office Notes, so that, on a Balance, the State is little or none in Debt, excepting what may be supposed to be this State's Proportion of the Continental Debt .- (If any Individual in the State is not satisfied with this Stating of Accounts, I invite him to wait on me at my Office, and I will exhibit the public Books of Debt and Credit for the Proof of the Assertion.)-But there are several valuable Tracts of Land, the Property of this State :- how far those Lands will go towards paying the Continental Debt. do not at this Time take upon me to determine.
Every one of the United States have emitted large Sums of Money, some Part of which has been called in, by giving States Loan Office Notes for the same which are yet due. By this and other Proceedures of the several States, they are in Debt. The Inhabitants of the respective States, have received the Benefits of such Debts when they contracted them ; but the Inhabitants of this State have received no Benefit from such Debts : and why they should any of them wish to connect with any such State, when they know they will be brought in to pay a Part of all such arrearages, is a thing almost unaccountable.
As there are four publie Rights of Land in each Town in this State-one for the first settled Minister, one for Schools, one for the first settled Church Minister, and one for propagating the Gospel in foreign Parts- I propose for Consideration, whether it would not be advisable for the Assembly to direct each Town to lease out the two latter, and the Avails to be by each Town appropriated for the Support of the Gospel in the same.
Lastly I proceed to state two Matters that are Facts, which I believe will not be disputed by any ; from which I shall ask two Questions.
Appendix G. 441
Fact First. A certain Fraternity of Gentlemen, contiguous to Con- necticut River, after the Inhabitants of the Grants west of said River had declared themselves to be a free State, by the name of Vermont, did assert that said State had a just Right to be a State ; and that the Grants east of Connecticut River were unconnected with any State, and had a just Right to join said State.
Question First. Did the Dissolution of the Union (so called) lessen the Right the State of Vermont had to be a State before the said Union took place ?- If it did, in what Manner ?
Fact Second. It was also asserted by said Gentlemen that New Hamp- shire had no Right, Title, or Color of Jurisdiction to the West of the Mason Line-That the Grants West of the Mason Line, and East of Connecticut River, had a good Right to form themselves into a State, and would do it, if the State of Vermont would not take them into Un- ion .- The foregoing assertions being granted ;
Question Second. What Propriety is there now in requesting New Hampshire to extend their Claim and Jurisdiction over the Territory of Vermont ?
I am, Friends and Countrymen, your obedient and ever faithful Ser- vant,
Norwich, July 13, 1779.
IRA ALLEN.
I beg Leave to subjoin the following Copy of a Letter from the Hon. Com- mittee of Congress, to the Committee of the Yorkers in the lower Part of Cumberland County.
" Bennington, June 23d, 1779.
" GENTLEMEN,-The Subscribers are here at present, as members of a Committee of Congress sent for the express Purpose of endeavoring to bring about an amicable Settlement of the Differences between the State of New York and the Inhabitants of the New Hampshire Grants, who have formed themselves into a State, called by then the State of' Vermont.
" We have understood that you, and others of the State of New York, have declined taking your turn of militia Duty, for the Defence of the Frontiers, because the Requisition was made under the Authority of the State of Vermont ; and that you have met with some Trouble on this Account.
" We have therefore sent this to inform you, that we hope there will be, by Interposition of Congress, a happy Accommodation of all Differen- ces, in a short Time. In the mean while we have obtained a Promise of Gov. Chittenden, that you shall not be molested till matters are finally settled; and we have engaged to write to you, voluntarily and freely to raise your full Proportion of Men, whenever your Neighbors are called, and you are informed of this, either by Continental Officers, or the new State, till such Time as you have special Directions from the Governor of New York, which we hope to obtain for you, on our return Home. This we are confident you will readily comply with, as otherwise People will be tempted to impute your Conduct to Disaffection to the Cause of the United States.
" We hope that you will understand that the Protection and Forbear- ance which is promised us on your Behalf, is to be considered as the only Condition of your cordially complying with our Request, and in every Respect behaving quietly and orderly, while the Measures for Pa- cification are on Foot.
" We are, &c. "JOHN WITHERSPOON. SAM. J. ATLEE."
30
APPENDIX H.
PROCLAMATION OF PARDON ISSUED BY GOV. CHITTEN- DEN JUNE 3, 1779.1
[Copy from the original as printed by the state printers. Furnished by HON. JAMES H. PHELPS, of West Townshend.]
BY HIS EXCELLENCY
THOMAS CHITTENDEN, EsQ ;
Governor, Captain General and Commander in Chief in and orer the State of VERMONT.
A £ PROCLAMATION.
WHEREAS, sundry Persons, Inhabitants of this State, forgetting that great Tie of Allegiance that ought to bind every Subject in a faithful Obedience to that Power which protects Life, Liberty and For- tune-being instigated partly through their own mistaken Notions of Government, not considering all Power originates from the People ; and building on a false Reason, that a public Acknowledgement of the Powers of the Earth is essential to the Existence of a distinct sepa- rate State :- But their especially being deceived, and influenced by cer- tain Persons who have crept in privily to spy ont and overturn the Lib- erties of this State, purchased at the dearest Rute :- Who, acting under Pretence of Power assumed by a neighbouring Sister State, never de- rived from God or Nature, have imposed their Tenets upon the credu- lous, whereby a Number have been traduced to follow their pernicious Ways, by open Opposition to the Authority of this State, in the Execu- tion of Justice by the civil Law, to the Disturbance of the Peace, there- by inenrring the Penalties of that great Rule of Right which requires Obedience to the Powers that are.
AND whereas the supreme Authority of this State are ever willing to alleviate the Miseries of those unhappy Subjects who trausgress Laws
1 A copy of what appears to be the original draft of this proclamation may be found in Slade's State Papers, pp. 556-7. It is without the sig- nature of the Governor and Secretary, and it is evident that changes in the original were made before the proclamation was signed and published. These changes, however, are not of importance enough to require a re- print of the original draft.
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Appendix H.
through mistaken Notions, in remitting the Penalties thereof-And in- asmuch as equal Punishments (in this Case) can not be distributed, with- out punishing the Righteous with the Wicked :
HAVE therefore thought fit, by and with the Advice of Council, and
I at the Desire of the Representatives of the Freemen of this State, in General Assembly met, to make known and declare this my gracious Design of Mercy to every Offender :- And do hereby publish and de- clare to all Persons residing within this State, A FULL AND FREE PARDON of all public Offences, Crimes, and Misdemeanors heretofore committed within the Limits of this State, against the Honor and Dig- mity of the Freemen thereof-remitting to all and singular the Persons aforesaid, all Penalties incurred for Breaches of the Peace, such as Riots, Mobs, tumultuous Assemblies, Contempt of and Opposition to Authority ; excepting only the Crimes of High-Treason, Misprison of Treason, and other capital Offences, committed since the 15th of January 1777 ; and all Persons indicted, informed against, or complained of, for any of the Offenses aforesaid, committed before this Date, may plead this Proclamatien in Discharge thereof.
Provided nothing herein contained be construed to extend to any Person against whom Judgment has been already rendered, nor to bar any Person from recovering private Damages, any Thing contained herein to the contrary notwithstanding.
AND I do further assure the Subjects of this State, that it is not the Design of their Rulers to take from any one the peaceable Enjoyments of his own Possessions, acquired by the Sweat of his Brow, whatever Falshoods wicked designing Men may have invented, to disquiet the Minds of the faithful Subjects of the rising State of VERMONT.
Given under my Hand and Seal in the Council Chamber at Windsor, on
the 3d Day of June 1779, and in the Third Year of the Independency of this and the United States of AMERICA.
By His Excellency's Command, JONAS FAY, Sec'ry P. T.
THO'S CHITTENDEN.
Printed by JUDAH-PADOCK & ALDEN SPOONER, Printers to the General Assembly of the STATE OF VERMONT.
P
APPENDIX I.
A VINDICATION OF THE OPPOSITION OF THE INHABITANTS OF VERMONT TO THE GOVERNMENT OF NEW- YORK, AND OF THEIR RIGHT TO FORM AN INDEPENDENT STATE. Humbly submitted to the impartial WORLD. By ETHAN ALLEN. PRINTED BY ALDEN SPOONER, 1779. Printer to the State of Vermont.
[From the only copy of the original pamphlet in the State Library.]
INHIS Vindication is humbly inscribed to his Excellency the Governor and the Hon. the Council of the State of Vermont, by their most obe- client humble Servant the Writer. If it meets with their Approbation and Patronage, he will esteem it a Compliment of Honor and Respect, and be still further satisfied if it may but contribute towards the Happiness and Establishment of the People on those behalf it was Wrote.
State of VERMONT.
R In Council, Arlington, 23d of August, 1779. ESOLVED, That the following Vindication be forthwith published, and that a Number of the Pamphlets be sent to the Congress of the United States, and to the General Assembly of every of these States ; and that a Number be likewise sent to the Generals and other principal Officers of the Continental Army, for their Consideration.
Per Order of the Governor and Council.
JOSEPH FAY, Sec'ry.
A VINDICATION, &C.
VIE very extraordinary demand which the government of the State T
of New York make on the grand Congress of the United States, forthwith to decide in their favor, (and as they would have it ex parte) that long and spirited controversy which has subsisted between them and the inhabitants of the territory now known by the name of Per- mont, together with their misrepresentations of facts ; has induced the government of Vermont, to publish to the impartial world, a further vin- dieation of the conduct of those inhabitants than hath been already done, and exhibit to all wise and understanding Beings whom it may concern, the intrinsic causes, motives and reasons, of their assmning government.
IT Is well known that this contest was not occasioned by the late rev- olution, but existed many years before ; that the contending parties were greatly exasperated towards each other ; and that those inhabit- ants had appealed from the decision of the courts, as by law established
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Appendix I.
in the then province of New- York, to arms, and had anounced to the public their reason for so doing.
A SHORT state of the proceedings of both parties (being necessary to communicate to the public, in order to their rightly determining the merits of such an important dispute) is herewith given. And 1st. The government of New- York obtained the jurisdiction of the contested ter- ritory in 1764. ex-parte and contrary to the minds of the original Gran- tees and Settlers under Ner-Hampshire, and therefore ought to be con- sidered as null and void from the beginning. And secondly, The undue use and oppressive exercise which they have ever since made of the power of jurisdiction towards those inhabitants, altho' their legal claim of jurisdiction was ever so well grounded, would fully justify those in- habitants in their opposition to that government, and in their assuming independence.
NO SOONER had the government of New- York obtained the jurisdic- tion of these lands. but they presumed to re-grant sundry large patents, interfering with prior grants from the government of New-Hampshire, at a time when the Grantees under New-Hampshire were in full pos- session of the very lands re-granted.
THIS reprehensible procedure of the government of New- York, laid those inhabitants under the necessity of remonstrating against that gov- ernment. They therefore impowered Samuel Robinson, Esq. (then of Bennington) their Agent, to lay the same before the King and privy Council, together with a humble Petition from those inhabitants, that the jurisdiction of those lands might be restored to New-Hampshire again. The consequences of these measures were favorable to the Gran- tees under New-Hampshire, and were the means of obtaining the King's express prohibition to the government of New- York, to make no grants of lands in the disputed premises, on pain of his highest displeasure.
THE government of New- York did nevertheless presume in direct violation of the said prohibition, to grant most of the prohibited prem- ises: and further proceeded to oppose the authority of the king, by erect- ing and establishing the counties of Cumberland and Glocester, which are contained in the territory in dispute, though the king had signified to the said government, his utter disapprobation of the establishment thereof. And all this when the now Independent States were subject to the royal authority.
IN the year 1769, the claimants under the subsequent grants from New- York, and not residing on the controverted premises, brought ac- tion of Ejectment in their supreme Court held at Albany, against sundry actual settlers who claimed the soil by virtue of prior grants from New- Hampshire. But most if not all the judges and attornies, particularly Messrs. Duane and Kemp, which attended the court, were patentees un- der New-York. and some of them intrusted [interested] in the very patents, then on trial.
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