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 7
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" Lastly we hereby declare, that we are at all times ready, in conjunc- tion with our brethren in the United States of America. to do our full proportion in maintaining and supporting the just war against the tyran- nieal invasions of the ministerial fleets and armies, as well as any other foreign enemies, sent with express purpose to murder our fellow breth- ren, and with fire and sword to ravage our defenceless country.
" The said state hereafter to be called by the name of NEW CONNEC- TICUT."1
Extract from the minutes. IRA ALLEN, Clerk.2
1 See note and references, ante. p. 41-46.
B. H. HALL, in Eastern Vermont, p. 283. note, says :
The Convention. after sitting from the 15th to the 22d of January, ad- journed to meet at Windsor on the first Wednesday in June following. There appears, however, to have been a meeting intermediate. A call was issued on the 30th of January by Nathan Clark, for a Convention at
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General Conventions.
ADJOURNED SESSION AT WINDSOR,
JUNE 4, 1777.
[From Vt. Hist. Soc. Collections, Vol. I.]
Of this Convention no full journal has been found, though the record of a portion of its proceedings has been preserved. It was held by ad- journment from the convention of the preceding 15th of January. Only the following accounts of its proceedings (numbered one to five) have been obtained.
I. NEWSPAPER NOTICE FOR ITS ASSEMBLING.
In the Connecticut Courant of the 14th of April, 1777, the following no- tice appears :
In convention of the representatives from the several counties and towns in the New Hampshire Grants holden at Westminster, 15th Janu- ary, 1777, by adjournment, voted unanimously ---
"That it is the ardent wish of this convention that each town in the district would send a delegate or delegates to the next sitting of this convention, those towns that have not chosen any delegates to choose
Dorset. and by the records of the town of Chester, it seems that Lieut. Jabez Sargeant was chosen on the 13th of February. to attend the spe- cial Convention, and act " for the good of the state of New Connecticut, and for the town of Chester, according to the best of his understanding." Ms. Records of Chester. Slade's State Papers, pp. 68-73.
The pages of the State Papers cited contain the proceedings of the Convention of Jan. 15, 1777. If any Convention met, as suggested, it is certain that its record has neither been preserved until this time nor referred to in preceding days. Mr. Hall does not state when the Conven- tion called by Nathan Clark was to be held, but the place is Dorset, in- stead of Windsor. Otherwise the editor would suggest that possibly Mr. Clark's " call" was rather an urgent request for the appointment of delegates to the then forthcoming Windsor Convention of June 4. Jabez Sargeant did represent Chester in that Convention. Perhaps a meeting earlier than June had been contemplated for some special pur- pose, but was abandoned. The Warrant for the Convention of Jan. 16, 1776, shows that this happened more than once in 1775.
53
Adjourned Session at Windsor, June 4, 1777.
and send. This convention is adjourned to the first Wednesday of June next, to be held at the meeting-house Windsor, at nine o'clock in the morning."
Extract from the minutes.
IRA ALLEN, Clerk.
Nonresidents, that have a desire to attend the above convention, are hereby notified of the same. Said convention was formed to govern the internal police of said district, and if thought proper to form said district into a state.
II. ORGANIZATION AND LIST OF MEMBERS.
[From the manuscript of the Hon. JAMES H. PHELPS, published in Vt. Hist. Soc. Coll. Vol. 1.]
NEW HAMPSHIRE GRANTS (alias)
NEW CONNECTICUT ;
WINDSOR, June 4th, 1777.
Convention opened according to adjournment.
PRESENT THE FOLLOWING MEMBERS.
Capt. JOSEPH BOWKER in the Chair.
1st. Voted, Lient. Martin Powell, Assistant Clerk.
[ Nathan Clark. Esq.,
Benning- j Mr. Simeon Hathaway, ton,
Capt. John Burnham, Doct. Jonas Fay.
Shafts- S Major Jeremiah Clark, bury. Mr. Gideon Olin.
Arling- ( Capt. Ebenezer Willough- ton, Mr. Abel Benedict. [hy, Sunder- Lient. Joseph Bradley. land. Mr. Eli Bronson.
Man- Mr. Thomas Bull,
chester, Lient. Martin Powell.
Dorset, Mr. Cephas Kent.
( Doct. Gaius Smith.
Rupert, Mr. Moses Robinson.
Pawlet,
( Capt. William Fitch. Capt. Jonathan Willard.
Wells. Mr. Caleb Smith.
Poultney, Capt. Zebediah Dewey.
Castle- By a letter from sd Town ton, acquiescing in forming a New State.
Hub- bardton. Mr. Jesse Churchill.
Danby, Capt. William Gage.
Tin-
mouth, Capt. Ebenezer Allen.
[ Benja Spencer, Major
Claren- ) Whitefield Foot, Part.
don, 1 Joseph Smith, Minor
[ Stephen Place, Part.
Rutland, ( Lt. John Sontherland,
Capt. Joseph Bowker.
Pittsford. Capt. Jonth Fassett. Neshobee,) [or Capt. Josiah Powers.
Brandon]
Whiting. Capt. Josiah [Jeremiah] Powers.1 Cornwall, Mr. Gamaliel Painter.
Colches- ( Capt. Ira Allen, ter. Capt. Heman Allen. Williston. Colo Thomas Chittenden. Wil- Mr. Wm. Mellen.
mington, ) Halifax. Doctr Wm. Hill.
Guilford
Colo Benja Carpenter,
Capt. John Barney.
Brattle- borough, S Lt. Israel Smith.
Doubtless " Josiah Powers" of Whiting should be Capt. Jeremiah Powers. See page 55. where that name is given. Josiah Powers repre- sented Brandon in this convention, and also in the Legislature of Oct. 1778.
54
General Conventions.
Towns-
hend, Mr. John Dyer.
Dum-
Lt. Leonard Spaulding.
Putney,
Mr. Dennis Lockland.
London- derry,]
West-
Nath1 Robinson, Esq.
minster,
Curen-
S Capt. John Coffrin, [Cof-
dish,
fein. ]
Rocking- ham, Doct. Reuben Jones.
Chester, Lt. Jabez Sargent.
Windsor, Mr.Ebenezer Hoisington
Hertford,
Majr Joel Matthews,
Hartland,]
Wood- Mr. Benja Emmonds.
stock,
Moor-
town.
Doct. Bildad Andross,
ford, Mr. Stephen Tilden.
[or Brad- Mr. Benja Baldwin.1
Pomfret,
John Throop, [Esq. John Winchester Dana,
ford,]
Corinth, ( By a letter acquieseing `in a State.
Barnard ( Mr. Asa Chandler.
Colo Peter Olcott,
Norwich Majr Thomas Moredock,
Mr. Jacob Burton.
Reading, Mr. Andrew Spear.2
III. FURTHER PROCEEDINGS-NAME " VERMONT."
[From the Connecticut Courant of June 30, 1777.]
STATE OF VERMONT. In General Convention, Windsor, June 4, 1777. 5
Whereas, This convention did at their session in Westminster, the 15th day of January last, among other things, declare the district of land com- monly called and known by the name of the New Hampshire Grants, to be " a free and independent state capable of regulating their own inter- nal police in all and every respect whatsoever, and that it should there- after be known by the name of NEW CONNECTICUT :"
1 Mooretown, now Bradford, in a regular town meeting May 29, 1777, " Voted to send Bildad Andross and Benjamin Baldwin to the conven- tion at Windsor, to take measures for the formation of a new State." -Copy from the town records in Vt. Historical Magazine. vol. II, p. 816.
" Here ends the manuscript of Mr. PHELPS, to which he appends the words :
"Copied from the original record November 18th, 19th and 20th, 1862, by JAMES H. PHELPS."
The record from which Mr. Phelps' copy was taken was certified by Jonas Fay, the standing clerk of the convention. It was only tempora- rily in the possession of Mr. Phelps, and is not known to be now in ex- istence.
Bromley For Capt. William Utley.
Peru.]
Thetford, Lt. Abner Chamberlain.
For Mr. Wm. Gallup.
Stratford, Mr. Frederick Smith.
Fairlee, Mr. Amos Woodworth.
Hart- [ Colo Joseph Marsh,
Mr. Asa Whitcomb,
New-
S Mr. John G. D. Bailey,
bury,
( Capt. Robert JJohnson.
Sharon. - Joel Marsh, Esq., Mr. Daniel Gilbert.
Kent, For Mr. Edward Aiken.
merston,
55
Adjourned Session at Windsor, June 4, 1777.
And whereas. By mere accident, or through mistake, the said declara- tion alone was published in the Connecticut Courant, No. 634. dated March 17th. 1777. without assigning the reasons which impelled the inhabitants to such separation :
And whereas, This convention have been informed that a district of land lying on the Susquehanna river, has been heretofore and is now known by the name of New Connecticut, which was unknown to them until some time since the declaration at Westminster aforesaid ; and as it would be inconvenient in many respects for two separate districts on this continent to bear the same name :
Resolved, Therefore, unanimously. that the said district described in the preamble to the declaration at Westminster, aforesaid, shall now hereafter he called and known by the name of VERMONT.
And whereas, The whole body of members which compose this conven- tion, consisting of the following persons, viz .:
Capt. Joseph Bowker. President.
Mr. Simeon Hathaway,
Dr. Jonas Fay, Secretary,
Major Jeremiah Clark,
Capt. Ebenezer Willoughby,
Mr. Abel Benedict,
Mr. Eli Brownson,
Mr. Thomas Bull.
Mr. Moses Robinson, 2d.
Captain William Fitch,
Mr. Caleb Smith,
Mr. Jesse Churchill,
Capt. Ebenezer Allen,
Mr. Whitefield Foot.
Mr. Stephen Place,
Capt. Jonathan Fassett,
Mr. Gamaliel Painter, .
Capt. Ira Allen. Mr. William Mellen,
Col. Benjamin Carpenter,
Mr. Israel Smith,
Mr. Dennis Lockland,
Mr. Joshua Webb.
Mr. Jabez Sargeant,
Capt. William Utley.
Capt. William Curtis,
Capt. William Gallop,
Mr. Benjamin Emmons,
Col. Joseph Marsh,
John W. Dana, Esq.,
Col. Peter Olcott.
Mr. Jacob Burton,
Joel Marsh. Esq.,
Mr. Abner Chamberlin,
Mr. Frederick Smith,
Mr. Amos Woodworth,1
Dr. Bildad Andrus,
Mr. Benjamin Baldwin,
Mr. John G. D. Bailey,
Capt. Robert Johnson,
Mr. Amaziah Woodworth, 1
Nathan Clark, Esq.,
Mr. John Burnham, Jun.,
Mr. Gideon Olin.
Mr. JJoseph Bradley.
Mr. Martin Powell,
Mr. Cephas Kent,
Mr. Gaius Smith.
Capt. Jonathan Willard,
Captain Zebediah Dewey,
Captain William Gage,
Benjamin Spencer, Esq.,
Mr. Joseph Smith, Mr. John Sutherland,
Capt. Josiah Powers,
Capt. IIeman Allen,
Col. Thomas Chittenden,
Dr. William Hill,
Capt. John Barney. Mr. John Dyer,
Nathaniel Robinson, Esq.,
Dr. Reuben Jones,
Capt. John Coffin, [Coffein,]
Mr. Ebenezer Hosington,
Major Joel Matthews,
Mr. Stephen Tilden, Mr. John Throop. Mr. Asa Whitcomb,
Mr. Asa Chandler,
Mr. Daniel Gilbert
Major Thomas Moredock,
Capt. Jeremiah Powers,
amounting to seventy-two in number, being all convened at the town house in Windsor, aforesaid, and the motion being made and seconded,
1 In the preceding list of delegates, the only Woodworth named is Amos, whose name is also in this list with that of Amaziah.
56
General Conventions.
whether the house would proceed to business on the former declaration made at Westminster, in January aforesaid, with this alteration only, "that instead of NEW CONNECTICUT, the said district should ever be known by the name VERMONT ;" That then the names of the representa- tives being distinctly and severally called by the Secretary, seventy-one of them did answer in the words following, viz. : " PROCEED TO FORM ;" at which time and place the said seventy-one members did renew their pledges to each other by all the ties held sacred among men, and resolve and declare that they were at all times ready, in conjunction with their brethren in the United States, to contribute their full proportion towards maintaining the present just war against the fleets and armies of Great Britain.
That the public may be capable of forming a just idea of the reasons which so necessarily oblige the inhabitants of the district before describ- ed to declare themselves to be separate and distinct from the state of New York, the following complaints are hereto subjoined.
COMPLAINTS.
In the year 1764 the legislative authority of New York did obtain jurisdiction over the before described territory of land, by virtue of a false representation made by the late Lieut. governor Colden, that for the convenience of trade and administration of justice the inhabitants were desirous of being annexed to that government.
They have refused to make re-grants of the same lands to the original proprietors and occupants. unless at the exorbitant rate of $2300 fees for each township, and did enchance the quitrent three fold, and demanded an immediate delivery of the title derived before from New Hampshire.
The judges of their supreme court have made a solemn declaration, that the charters, conveyances, &c., of the lands included in the before described premises, were utterly null and void, on which said title was founded.
In consequence of which declaration, writs of possession have by them been issued, and the Sheriff of the County of Albany sent at the head of six or seven hundred armed men to enforce the execution thereof.
They have passed an act annexing a penalty thereto, of thirty pounds, and fine and six months imprisonment, on any person who should refuse attending the sheriff after being requested for the purpose of executing writs of possession.
The governors, Dunmore, Tryon, and Colden, have made re-grants of several tracts of land included in the premises, to certain favorite land- jobbers in the government of New York, in direct violation of his Bri- tannic Majesty's special orders in the year 1767.
They have endeavored and many times threatened to excite the king's troops to destroy us.
They have issued proclamations wherein they have offered large sums of money for the purpose of apprehending those persons who dared bold- ly and publicly to appear in defence of their just rights.
They did pass twelve acts of outlawry on the 9th of March, A. D. 1774, empowering the respective judges of their supreme court to award exe- cution of death against those inhabitants in said district, that they should judge to be offenders, without trial.
They have and still continue an unjust claim to those lands, which greatly retards emigration into, and the settlement of this state.
They have hired foreign troops, emigrants from Scotland, at different times, and armed them to drive us out of possession.
They have sent the savages on our frontiers to destroy us.
1
57
Adjourned Session at Windsor, June 4, 1777.
They have proceeded to erect the counties of Cumberland and Glou- cester, and established courts of justice there, after they were discoun- tenanced by the authority of Great Britain.
The free convention of the state of New York, at Harlem, in the year 1776, unanimously voted " that all quitrents formerly due to the king of Great Britain, are now due and owing to this convention, or such future government as shall be established in this state."
In truth, they, the late government of New York, have spared neither cost or pains, nor been wanting in using every artful insinuation in their power, (however unwarrantable by the laws of God or man,) to de- fraud those inhabitants out of the whole of their landed property ; and nothing but consciences void of offence towards God and man. to whose impartial judgment we appeal, could have induced those inhabitants to have run the risk, and to have undergone the hardships and fatigues they have borne, for the salvation of their lives, liberties and properties.
In the several stages of the aforesaid oppression, we have petitioned his Britannic Majesty in the most humble manner for redress, and have, at very great expense, received several reports in our favor; and in other instances wherein we have petitioned the late legislative authority of New York, these petitions have been treated with neglect. We shall therefore only remind the public that our local situation alone is a suffi- cient reason for our declaration of an independency, and must therefore announce a separation from the state of New York, and refer the public to our declaration made the 15th day of January last, and published in the Connecticut Courant, and sincerely wish that in future a lasting peace may continue between the state of New York and this. with the other United States of America.
By order of Convention.
JONAS FAY, Secretary. 1
IV. CONCERNING ELECTION OF DELEGATES.
A copy of the proceedings of this June convention, relating to the elec- tion of delegates to a Constitutional Convention, appears to have been forwarded to the several towns, which copy was as follows :
In convention of the representatives of the several counties and towns in the state of Vermont, holden at Windsor on the 4th day of June, A. D. 1777-
Whereas, this convention did at its sitting at Westminster on the 15th day of January last make and publish a declaration that they would at all times hereafter consider themselves as a free and independent state, capable of regulating their own internal police in all and every respect whatever :
And whereas no government sufficient to the exigencies of our affairs has been hitherto established ; Therefore it becomes abso- lutely necessary for the safety, well being and happiness of the inhabi- tants of this state to form such a government as shall, in the opinion of the representatives of the people of this state, best conduce to the hap- piness and safety of their constituents in particular and America in gen- eral ; and whereas the Honorable Continental Congress did, on the 15th day of May, A. D. 1776, make and publish the within recommendation for the express purpose of taking up government,
1 The foregoing from the Connecticut Courant is found, though with numerous typographical errors, in the Appendix to J. D. BUTLER'S Ad- dress of 1846, p. 31, 32, 33. See also H. Hall's Vt., pp. 244, 245, 246.
6
58
General Conventions.
Resolved, Therefore, that copies of the said recommendation be distri- buted to the inhabitants of each town within this state ; and that it be and is hereby recommended to the freeholders and inhabitants of each town in this state to meet at some convenient place in each town on the 23d day of this instant June and choose delegates to attend a general convention at the meeting-house in Windsor, within the said state, on the second day of July next, to choose delegates to attend the general Congress, a Committee of Safety, and to form a Constitution for said state. By order of Convention.
pr copy, JOSEPH BOWKER, President.1
COMMITTEE TO REPAIR TO TICONDEROGA.
This convention at Windsor of June 4, 1777, [appointed a committee to make a draft of a constitution.2] also appointed a committee consisting
1 The resolution of the Continental Congress of May 15, 1776, referred to above, is as follows :
" Resolved, That it be recommended to the respective assemblies and conventions of the United Colonies, where no government sufficient for the exigencies of their affairs hath been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular and America in general."-See ante, p. 40.
2 These words are added to the statement in the Vermont Historical Society Collections, vol. I, p. 54, on the authority of Ira Allen, who was a member of the convention .- See Ira Allen's History of Vermont, p. 92, or Vt. Hist. Soc. Coll., vol. I, p. 382. Who constituted the committee to draft the Constitution is nowhere stated. Ira Allen says : [Jonas] " Fay. [Thomas] Chittenden, [Heman] Allen, and [Reuben] Jones, returned from Congress, without the decision of that body upon their petition in behalf of the inhabitants. and brought with them Dr. Young's letter, printed and published at Philadelphia, addressed to the inhabitants of Vermont."-See Allen's History, p. 86, or Vt. Hist. Soc. Coll .. vol. I, p. 379. Dr. Young wrote that he had " recommended to your committee the constitution of Pennsylvania for a model," suggesting an alteration making the executive body [Governor and Council] advisory simply, re- serving the supreme legislative power to the General Assembly .- See Dr. Young's letter, Appendix D. It would not be unreasonable to assume that the Convention would select, as committee, the gentlemen who had been in consultation with Dr. Young, and by whom he sent printed copies of his letter to be distributed among the people of the expected state. On that assumption, the committee consisted of Jonas Fay, Thomas Chitten- den, Heman Allen, and Reuben Jones-perhaps with the addition of Ja- cob Bayley, who had been appointed an agent to Congress with these gen- tlemen. The names of all these except Allen appear in Pliny H. White's list of delegates to the Convention which adopted the Constitution, and all of them except Jacob Bayley were members of the Convention that
59
Adjourned Session at Windsor, June 4, 1777.
of "Col. William Marsh, James Mead, Ira Allen and Captain Salisbury, to wait on the commander of Ticonderoga fort and consult with him respecting the regulations and defense of the frontiers, and then ad- journed to the 2d of July, 1777, at the same place. While the commit- tee was at Ticonderoga. Gen. Burgoyne with his army appeared on the lake, and resting at Crown Point, he sent a scout of about 300, mostly Indians, to land at the mouth of Otter Creek, to annoy the frontiers of the state. Gen. Poor refused to allow any troops to the committee for the defense of the frontiers, but allowed Col. Warner to go with the committee, who soon raised men sufficient to repel the assailants. All who were members of the convention left the militia and repaired to Windsor on the 4th [2d] of July, 1777." 1
V. PROCLAMATION FOR A FAST.
A PROCLAMATION.
Since God has been pleased in his wisdom to visit the inhabitants of this land with his just judgments by suffering our unnatural enemies to wage war against us, the pestilence to prevail and the many other calan- ities with which we are now threatened as a just reward for the many pevailing sins committed against the Divine Law, we have sufficient reason to believe calls aloud on his people for solemn Fasting and Prayer. We have. therefore, thought fit to appoint and do hereby ap- point Wednesday the 18th day of June instant to be observed as a day of public fasting and prayer throughout this state. and do earnestly rec- ommend to the good people thereof to observe the same as such, that we may humble our hearts before God and implore Him to avert the im- pending judgments, remove the sword of our unnatural enemies from us, sanctify the awful frowns of Divine Providence, grant His blessings
appointed the agents to Congress. BENJAMIN FRANKLIN is "reported to have been the author of the most remarkable feature of this Consti- tution, that is, a single legislative assembly." Dr. Young was efficient in securing the adoption of this feature in the first constitutions of Penn- sylvania, Vermont, and Georgia, and it was adopted in the constitution of the National Assembly in France. In Vermont, says Gov. HALL, Dr. Young's "recommendation was followed." Possibly Dr. Y. himself drafted the constitution. and the work of the committee was little if any- thing more than nominal. The Convention at Windsor in July 1777 was so excited and absorbed by the immediate danger from the enemy that it could not be in the mood nor command the time necessary for mature deliberation. There is no evidence of any amendment to the original draft, except the addition of the preamble. The institution of a State Committee of Safety, vested temporarily with the powers of the Gover- nor and Council, was anticipated in the warning, and probably included in the original draft of the Constitution .- See Sparks' Life of Franklin, p. 408-410, and H. Hall's Early History of Vermont, p. 498-500.
1 I. Allen's Vt., p. 92, in Vt. Hist. Soc. Coll., vol. I, p. 382.
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General Conventions.
on our councils and arms and direct our generals, guard this state from the invasions of the savages, direct in our election of members for estab- lishing government, bless the labors of our hands, grant suitable seasons for the year for seed-time and harvest and crown the year with His good- ness, revive religion and virtue, Bless the ministers of the gospel and water his churches with heavenly grace. And it is hereby recommended to all the good people of this state to abstain from secular labor and re- creation on that day.
Given at Windsor in the state of Vermont in General Convention, the 7th day of June Anno 1777.
By order, JOSEPH BOWKER, President.
JONAS FAY, Secretary.1
1
VI. EXCLUSIVE JURISDICTION ASSUMED BY VERMONT.2
[Furnished by Hon. JAMES H. PHELPS from a paper given to him by the late HENRY STE- VENS. Now printed for the first time.]
STATE OF VERMONT.
IN GENERAL CONVENTION, Windsor, June 4, 1777.
Resolved, That the keeper of the common gaol for the County of Cin- berland within this State be and is hereby directed to keep in safe cus- tody all Prisoners already committed by any legal authority within this State until regularly discharged by this Convention or their further or- der had thereon, and that for the future the said keeper be and is hereby directed to observe such orders as he shall receive from either of the Committees of Safety for either of the towns in this State during the recess of this Convention.
Resolved, That the Chairman of the Committees of Safety for the Counties of Cumberland and Gloucester immediately on sight hereof and
1 A manuscript copy of the above proclamation, certified by Martin Powell, assistant clerk, is found in the office of the Secretary of State at Albany, in volume 32, Miscellaneous, p. 54.
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