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 53
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BUT it may be argued. that agreeable to the articles of Confederation of the United States, that persons holding under grants from different governments, may have a right of petitioning for a decision, agreeable to the method therein prescribed. But this would give birth to new trou- bles. The farmers of Vermont are unskilled in law, and by no means a match for the over-grown wealthy New-York patentees; but insufficient as they may be supposed for the task, they have, upon this plan, to go thro' a course of law in the state of New-York; and then, for certain, have to petition agreeable to the mode of trial pointed out by the articles of Confederation; and it will be readily conceived, that not many of them are able to defray such an expence, or capable of managing such an in- portant lawsuit. Besides, the articles of Confederation are not yet sub- scribed to by the several United States; and it is uncertain whether they ever will; especially as they now stand. And consequently the grantees holding under different grants have, as yet, no right to a decision by pe- titioning in the manner before-mentioned.
WE come now to the consideration of governor Clinton's last procla- mation of the 31st of October, 1778.
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" WHEREAS the Senate and Assembly of this state, did by coneurrent resolutions, passed the 21st day of February last, propose certain over- tures with respect to the controverted lands, in the north eastern parts of the county of Albany, and certain parts of the connties of Cumberland, Charlotte and Gloucester, in order to quiet the disorders prevailing in that part of the state.
"AND whereas the said resolutions have been misrepresented by some, and misunderstood by others, and are deemed not to apply to the cases of many persons entitled to relief," &c.
" AND whereas the Senate and Assembly, in order morc effectually to remove such apprehensions, and more fully to explain the said resolu- tions, and manifest the equitable intensions of the legislature, have by concurrent resolutions passed this present session."
THE public would naturally by this specious introduction to the re- solve hereafter to be mentioned, imagine that the aforesaid equitable in- tention of the legislature, would shine in robes of justice and generos- ity ; and explain the first proclamation alluded to, in some spiritual sense, very different from its literal meaning: but instead of that, we find the subsequent patents under the government [of] New- York virtually con- firmed, and the grantees and actual settlers under New-Hampshire and Massachusetts-Bay, exposed to the same or similar intrigues which they ever have been by that government since they laid their interfering patents on those lands, as will appear from the resolve itself. "Resolved, That with respect to all such lands which have heretofore been granted by the governments of New-Hampshire or Massachusetts-Bay, and have not been since granted by the government of New- York; that all such grants under New-Hampshire or Massachusetts-Bay, shall be confirmed and declared good, valid and effectual, to all intents and purposes, as if the same had been made by the government of New- York."
THIS resolve which the said legislature are pleased to call an over- ture to the inhabitants of Vermont, is a palpable insult and affront to the common reason of mankind; inasmuch as not only the same legislature as well as every of those inhabitants of common sense, very well know that all the lands of any considerable consequence which have been granted by the governments of New-Hampshire and Massachusetts- Bay, have been long since actually granted by the government of New- York, as has been before particularly represented; so that this last pro- duction from the senate and assembly of the state of New- York, as ex- hibitted in the said proclamation, is big with mischief and manifest de- sign against the claimants and actual settlers under New-Hampshire and Massachusetts-Bay.
THE senate and assembly of the state of New- York, have in the same proclamation proposed a very extraordinary arbitration between them the said legislature, and the inhabitants of Vermont, and submit it to congress to appoint the arbitrators. Their proposal is as follows.
"Resolved, therefore, That in all cases of dispute arising between per- sons claiming under New-Hampshire and Massachusetts-Bay on the one, and New-York on the other part, for the same lands (besides confirming such possessions as were made under New-Hampshire or Massachusetts- Bay, prior to any grants for the same under New- York,) the legislature will submit the determination thereof to such persons as the Congress of the United States shall eleet for that purpose.
THIS proposal is really whimsical, or calculated to rid themselves of the fulfilment of confirming certain possessions in the disputed territory, for the faithful performance whereof they pledged the faith of govern- ment, as may be seen in governor Clinton's first proclamation ; and the
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absurdity and utter impracticability of such a confirmation being pointed out in the answer to the same of the 9th of August last. It seems that the said legislature have indeavored to rid themselves of this difficulty by laying it on congress; but it should be considered that neither the said legislature or congress, are parties concerned in the case; the dispute, as it respects the interfering grants, lies between the grantees of the three governments respectively: they, and only they, have a right of trial at common law, or to refer it to arbitration, provided they agree; but it is no part of the business of the said legislature or of congress, or both together, to bring forward such an arbitration as the said resolve proposeth: as on supposition, (for congress are too wise to do it) should congress adopt the said proposal, and elect certain men to determine a dispute between the legislature of the state of New-York and the inhab- itants of Vermont, and suppose furthermore, that such decision should be in favor of the inhabitants; yet this would be no bar against a process at law against those inhabitants by the New- York patentees, who would, after a hundred such chimerical arbitrations, have the same right of trial at common law, as they now have; for the legislature of the state of New- York cannot be supposed to be a party in these cases or to have any right to an arbitration, any more than the legislature of the state of South-Carolina, or any indifferent person whatsoever, nor is it possible for the legislature of the state of New- York or Congress, to settle those disputes any other ways but upon the principles of common law, so that the proposal of the said legislature appears to be weak and impertinent.
THESE overtures bear a near resemblance to those of the British parlia- ment to the united states; in which cases it is not to be supposed, that there was any sincerity. No favor is either asked or expected by the in- habitants of Vermont from the legislature of the state of New- York; they do not blame them for not confirming their grants under New-Hamp- shire and Massachusetts-Bay, for they know that inasmuch as the same lands have been since granted by the late government of New-York, it is out of their power to confirm their possessions; but they blame them for pretending to do it when they know they cannot do it: and also that they do not design to do it, as appears from the curious reserve of con- firming "all such lands which have heretofore been granted by the gov- ernments of New-Hampshire or Massachusetts-Bay," next follows the bite, "and have not been since granted by the government of New- York."
FROM the foregoing animadversions on these proclamations it manifestly appears, that the new government of the state of New- York, are pursu- ing the measures adopted by the old; which is the plan that they are de- termined to affect [effect] or nothing at all. From first to last they have put all at stake upon it; and it is no ways probable that they so much as desire to comprehend Vermont in their jurisdiction abstractly considered from it, for the hatred subsisting between them and those inhabitants, is similar to the British and American aversion.
NOTHING can be more repugnant to the polity and genius of that gov- ernment, than to extend their jurisdiction as aforesaid, on any other terms, but to engross the lands, and vassalage its inhabitants. To illus- trate this proposition we will suppose this territory to be included in the jurisdiction of New-York; and likewise, that it was populated, and the inhabitants held their property in that equal manner which they do at present; or as is common in the New England states, which will be the case, provided the right of soil be held under the New-Hampshire grants; this would make a discord in the government, and be a standing reproach to the inslaved part of the state; from whence animocities and
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strife would constantly arise, as one party would be for slavery, while the other would be for liberty, which would imbroil the government, and end in a civil war; for their genius, polity, temper, spirit and manners, would be as diametrically opposed to each other as they now are, or as liberty is to slavery. A people so opposite to each other in civil, politi- eal, and we may add, religious sentiments, can never subsist long under , the same government, for the demonstration whereof we appeal to the current history of mankind.
AND this the government of New-York has been very sensible of: and therefore have from first to last exerted themselves to divide the dis- puted territory into large patents among themselves and favorites, so as not to endanger their slavish mode of government, and avoid the diffi- culties before-mentioned, by indeavoring to reduce those brave inhabi- tants to submit to be their tenants; which, if they could once effect, their spirit would dwindle away and expire with liberty: but is it not al- together probable, that those inhabitants who have suffered so much from Yorkish and British tyranny. will yet take the field against the gov- ernment of New- York (if need be) and at the muzzle of their firelocks convinee them of the independeney of the state of Vermont; and that their said patents are no more than an intrusion on the rights of the green Mountain boys.
This the government of New- York are also apprised of, and are there- fore indefatigable in their applications to congress to procure a resolu- tion prohibiting the government of Vermont from any further proceed- ings as such, and to decree, that the free citizens thereof. shall submit to the government of New-York: imagining that in consequence of some such like resolve, that they may procure asufficient force from the united states to carry into execution the reduction of Vermont; an enterprise which their own militia seem not inclined to undertake. Such sanguine expectations as these from a government which have been very sparing in promoting the independency of the united states; and which have been wire-drawn into congress county by county; and which have af- forded such great numbers of disaffected inhabitants to the common cause, whose malignant influence hath probably done as much mischief and damage to the public weal, as the brave and virtuous exertions of their well affected inhabitants could do to forward and promote it. Noth- ing could be more romantie than for such a government to expect that the power of the united states should be exerted against their meritorious friends the citizens of Vermont, to effect that which they had attempted with their militia, and were not able to accomplish on a trial of many years, while under the king of Great-Britain; and which at this time those citizens apprehended to be out of their power.
AT present the people of Vermont have no apprehensions that their brethren in the united states will so evilly requite them for their many important services to the common cause, as to assist the government of New- York to subjugate them to their despotism.
THE government of New-York never had a just right of jurisdiction over the territory of Vermont. It was obtained by their solicitation ex parte, and without either the knowledge or approbation of the inhabi- tants, who as soon as opportunity permitted, remonstrated against it be- fore the king and council; and furthermore complained of the oppres- sions of that government in appropriating their lands and possessions for the emolument of their favorite adventurers,
HAD the government of New York sanctified the base and illegal manner of acquiring a pretended legal claim of jurisdiction, by a virtu- ous and benevolent administration; and in stead of monopolizing the soil had confirmed the prior grants, under the governments of New-Hamp-
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shire and Massachusetts-Bay, clear of fees and expence : the inhabitants would probably, by degrees, have excused them, and reluctantly sub- mitted to their government: but inasmuch as the reverse of this has taken place, and a premeditated design of usurpation hath uniformly manifested itself in acquiring the claim of jurisdiction, and exercising the same: it ought therefore in justice to be considered as null and void from the beginning, on account of the illegal measures, false represen- tations, and undue influence, under which it was obtained and exercised. Furthermore tho' the government of New- York had ever so good and legal a claim to the jurisdiction, the mercinary, oppressive, and inhu- mane use which they have made of it considered abstractly, should in justice. and agreeable to the rules of sound policy. be a final bar against any further exercise thereof.
THE inhabitants on the west side of the range of green mountains, never pretended to associate or connect with the government of New- York in any sense whatsoever, but have managed their internal and ex- ternal police wholly independent of them, as has been before related: though that government have made use of every artifice and low eunning to intice and persuade them to it; viz. by proposing a confirmation of lands to certain persons which they thought to be fit instruments to en- slave the rest: commissions civil and military were likewise proposed to some with like views, but the main body of the people were virtuous; and not only so, they had not the offer of either a confirmation of their lands or a commission to every of them, and it is most probable, that these offers which were actually made were fallacious: and that if the said government had been confirmed, the proposed favorites would have shared much the same fate as is probable the tories would have done in consequence of the subjugation of the country at large by the govern- ment of Britain. However there were a number of depraved and mean spirited raseals which bit at the bait, and would probably have assisted that designing government of land clenchers to divide the people, and finally inslaved them, had not the integrity and heroism of the green mountain boys prevented it, making it dangerous for any to except [ae- cept] such commission, or secure his farm on the ruin of his neighbors. Nevertheless the same sort of intrigues more or less took place on the east side of the said range of mountains: the counties of Cumberland and Gloucester were erected. and for a time partly established under the jurisdiction of New- York, and in violation of the then king's authority, but injustice and oppression reigned to such an intolerable degree, that strife and opposition to the government was the consequence which finally terminated in the Westminster massacre on the 4th [13th] day of March 1774, [1775,] which put a final period to the grand usurpation of the government of New York on the east side of the range of green mountains, and the main body of the people from that time until now have reprobated the government of New York, and have not suffered a court to be convened and held in either of those counties, under the jn- risdietion of New- York ever since, though that government have to this day been carrying on some of their former eunning at Brattleborough, and a few other towns situate in the southeast corner of the state.
AT the time the government of New-York confederated with the other states, the inhabitants of Vermont had formed their constitution, elected their chief. and other magistrates, and were in full possession of government; and as they were free and unconnected with any state or body politic, had a just right so to do. This right they received from nature, nor were they beholden to the government of New- York or any other power short of the omnipotent. New-Hampshire had forsaken and wholly neglected them, and New- York tyrannized over them as much as
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they possibly could, (or dare,) and they were a people between the heav- ens and the earth, as free as is possible to conceive any people to be; and in this condition they formed government upon the true principles of lib- erty and natural right; nor can the government of New- York acquire any right of jurisdiction over them in consequence of confederating with the other free states of America; inasmuch as the state of Vermont was at that time not only independent of the state of New-York, but of any and every of the united states.
THE royal adjudication of the boundary line afore-mentioned, was temporary in its nature, and arbitrary in its extention, and convey- ed nothing of the nature of a charter, grant, or permanent jurisdiction to the government of New- York, but received its life and spirit by a mistical communication which it may be supposed to have every moment from the sovereign will of the royal adjudicator; from that source only this line drew all its support, as the branch does from the vine from whence it springs; and the declaration of independence cutting the vital union, occasioned this line like a lamp to go out which is exhausted of oil, and leave no traces of its existence; from which moment the imaginary claim of the New- Yorkish jurisdiction over the territory of Vermont ex- pired, and the inhabitants thereof reverted to a state of nature. Thus it appears that the government of New- York Istly forfeited their claim of jurisdiction by the illegal measures made use of in accquiring it. And 2dly, by the illegal and oppressive exercise of it. And 3dly and lastly, they have lost it by the annihilation of the English king's authority in consequence of the late revolution, by which means the said adjudicated oppressive jurisdictional line became null and void to all parties, and is as though it had not been.
FURTHERMORE, this frontier country was under the greatest necessity of forming government; the inhabitants were obliged to exercise not only an internal policy among themselves, but an external policy against for- eign invasions; this they dare not trust to the management of the gov- ernment of New-York; who, we have but very little reason to doubt, would rejoice to have had the inhabitants cut off; that their lands might fall into their hands; an object which they have been unsuccessfully pur- sning for many years.
THE government of the infant state was, as it were, in embryo, when the haughty general Burgoyne was penetrating the country; his spacious proclamation filled the air with a tyrant's awe, intimidated the weak, the servile and base, but inraged the strong, the generous and the brave. Mean while the council of the new state was very indefatigable in form- ing designs against him; not only by forming their own militia into reg- ular battalions under brave officers in order to oppose him, but by exciting the government of New-Hampshire to assist them: while these matters were transacting, general Schuyler ordered the militia of this state to march to Saratoga, but government would not permit it, inasmuch as they apprehended that Bennington and its vicinity was an object of de- struction by the enemy. However the brave general STARK with his detachment arrived at a lucky moment, and being chearfully joined by the green mountain boys, fell on the enemy with relentless fury, which ter- minated in the two memorable and glorious battles of Bennington, and was the first check to the progress of a formidable enemy: which proved the salvation of the new state, and had its salutary influence on the de- pending cause of the independent states of America at large, and is a striking proof of the good policy of assuming government.
ANY one who is acquainted with mankind, and things, must know that it would be impracticable to manage the political matters of this country without the assistance of civil government. A large body of people des-
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fitute of it, is like a ship in the sea without a helm or mariner, tossed with impetuous waves. They could not enjoy domestic peace and security, considered abstractly, from a British war and Yorkish usurpation, with- out civil regulations; the two last considerations do in the most urgent manner excite them to strengthen and confirm the government set up by the consent, approbation and authority of the people, which is the fountain of all temporal power, and from which the citizens of Vermont have already experienced such signal advantages. This puts them on an equal footing with their New- York adversaries, and will finally enable them to baffle all their machinations and devices which nothing else can possibly do.
USURPATION and injustice was the primary cause of the separation and revolt of the English American colonies from Great-Britain; and this was also their grand reason and justification for so doing, and conse- quently the ground of their right to independency. These reasons are abundantly conclusive and satisfactory, as exhibitted by congress at large; and there appears to be a great degree of similarity in this controversy with the British government with that of Vermont against the govern- ment of New- York, except in this respect, that the territory of Vermont was never under the jurisdiction of New- York; although by fraud. injns- tice, and the conniving of the British court, they procured a royal order, purporting such a claim; which, in reality, originated from a complication of interested and tyrannical views, between them and the British court; the latter promoted and extended the power and influence of the former in America, to promote and aid in the subjugation of it; (for at that time the projection was forming) and it is well known that New- York was their favorite government; and it hardly admits a dispute but that the intrinsic cause of the royal extension of the jurisdiction was to corrobo- rate the designs which have since been attempted against America; this and the Quebec bill was of a piece, and the motive of their extention the same, to more effectually bribe them governments to their interest, as subsequent and reciprocal transactions may more fully evince.
BUT to proceed with the parallel. The British government claimed an exclusive right of taxing the colonies in all cases whatsoever; such a pre- rogative would unavoidably have terminated finally in abject slavery, as has been fully illustrated by many ingenious writers, and verified by the universal experience of mankind; but the government of New- York took a more direct and immediate method, for at one blow they struck at the landed property of every of the inhabitants of Vermont, by stretching their subsequent interfering patents over them; this was more like a combination of land thieves, than a government, who coveting the lands and labors of the inhabitants, which, but a little before by iniquitons con- certed measures at the British court (instead of slaves) they proved to be denominated their subjects. The mutilating the charter of the Mas- sachusetts-Bay by the British parliament, was a high handed stride of ar- bitrary power, and struck the very nerves of liberty. but not so fatal as though they had appropriated the soil of the colony to new adventurers. as in the instance of the interfering patents before-mentioned; for noth- ing which can be done to any people is capable of so effectually inslaving them, as the monopoly of their lands; when this is the case with a peo- ple it is idle for them to dispute any more about liberty; for a sovereign nod of their landlord, cannot fail to overawe them, and by degrees erase the natural images of liberty from the mind, and make them grovel out a contemptable and miserable life.
THE detestable acts of outlawry passed the 9th day of March 1774, by the legislative authority of the colony of New- York, particularly against the inhabitants of Vermont, was, in substance, a positive declaration of
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war against them: by these acts they declared those inhabitants out of their protection; and abdicated the government, provided they may be supposed at that time to be possessed of any right thereto. The fact is. they appealed to arms; in this case they must effect the conquest of Vermont, or give up their pretensions to the government thereof. The inhabitants of Vermont, on the 26th day of April following, published a declaration of a defensive war against the government of New-York, as aforesaid, and warlike preparations were making on both sides; but the British invasion has procrastinated the determination of the matter till this time: and when this great and astonishing revolution shall be fully settled, ratified, and confirmed, it will be early enough for New- York and Vermont to proceed to the settlement of their controversy.
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