USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 66
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Read and adopted and sent to the Governor and Council for concur- rence.
Attest, M. POST, Clerk.
In Council Nov. 11th 1SOS .- Read and concurred.
Attest, WILLIAM PAGE, Jun. Sec.
STATE OF VERMONT, Secretary of State's Office, Windsor, June 5th, 1809.
I Thomas Leverett Secretary of State do hereby certify that the fore- going is a true copy of record.
In testimony whereof I have hereunto set my hand and seal of
[L. s.] office at Windsor this fifth day [of ] June A. D. one thousand eight hundred and nine. THO. LEVERETT.
Gov. Tichenor to Sir James Henry Craig.
STATE OF VERMONT, 26th June, 1809.
His Excellency, Sir James Henry Craig, Capt. General and Governor in Chief in and over the two Provinces of Canada, &c. &c. &c.
Sir,-Enclosed herewith I have the honor to transmit to your Excel- lency a copy of a resolution of the Legislature of Vermont, passed at their last session, which will explain the object of this communication.
Capt. Josiah Dunham, late of the United States Army, (in which for several years he held the place of civil and military Commandant of the Post of Michilimakinak) is the gentleman, whom I have thought proper
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to appoint, to wait on your Excellency, and to have the honor of laying before you the subject, for your Excellency's consideration.1
From the alarming height, to which the evil complained of has arisen, from its very interesting nature to the Citizens of the United States generally, and particularly to those of the State of Vermont; and more especially from its so nearly affecting the relations of amity and inter- course, which ought ever to subsist between the two countries and their respective Governments, as well as from your excellency's well known liberal and enlightened views; I cannot but flatter myself, that the pres- ent application will meet your excellency's favourable notice and sup- port.
In the abilities and integrity of MR. DUNHAM I repose ample confi- dence. He will be able more fully to explain the many weighty consid- erations, which, at this critical period, render so desirable an amicable arrangement between the respective Governments, on this important subject, and to his representations full credence may be given.
With all due consideration and respect, I have the honor to be, your Excellency's most obedient servant. ISAAC TICHENOR.
Gov. Craig to Gov. Tichenor.
MONTREAL, 12th July, 1809.
Sir,-I have received by the hand of Capt. Dunham, the letter, with which your Excellency honored me, enclosing a resolution of the Legis- lature of Vermont.
You do me justice, in supposing, that I would willingly lend my aid towards the suppression of the evil, which forms the subject of your letter. I beg leave to assure you, that the sense I entertain of the prej- udice, which is done by it, to the Government of the United States, and the interests of individuals in them, would alone be a sufficient cause to render me anxious to put a stop to it: but I have an additional motive, in the conviction, that such practices have a direct tendency to injure the morals and to lessen the habits of industry of the people, among whom those reside, who practice them.
As the Law now stands, I fear we do not possess means adequate to the object in view, and, indeed, it has been this consideration, and the idea, that attempting, without being able to effect it, would rather serve as an encouragement than otherwise, that has alone hitherto prevented my taking any steps for bringing the persons concerned to punishment. Legislative assistance, in a new and more effectual law, is necessary; and had not particular circumstances prevented, it was intended to have submitted to the Provincial Parliament, during the last session, an act, founded upon that passed a few years ago in England, for the purpose. I trust that a more favourable opportunity will offer itself shortly, when I will not fail to make use of my best endeavors to accomplish an ob- ject, which I view as affecting our own interests, under the considera- tion to which I have before alluded, as founded upon the strict rules of moral justice, and as called for by the system of amity and friendly re-
1 JOSIAH DUNHAM established The Washingtonian at Windsor, July 23 1810, and published it until about 1816. He was an able editor, and zealous Federalist, and withal (says the Hon. Daniel Baldwin,) an ele- gant and accomplished gentleman. He was Secretary of State 1813-15. -Thompson's Vermont, Part II, p. 172; and Vt. Legislative Directory, 1876-7, p. 165.
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lations, which it is so much the interest of both countries to uphold tow- ards each other, and which it will always be my study to cherish and strengthen.
Servant,
I have the honor to be, Sir, your Excellency's Most obedient Humble J. H. CRAIG.
His Excellency Isaac Tichenor, Esquire, Governor of the State of Ver- mont.
Josiah Dunham to Gov. Tichenor.
MIDDLEBURY, Aug. 17, 1809.
Sir,-Enclosed I have the honor to transmit you a letter from his Excellency Sir James Craig, in answer to the communication, which your Excellency was pleased to forward by me; and also another letter from the Hon. Judge Ogden.
Soon after my return from Canada, I had sat out to wait on your Ex- eelleney, at your seat in Bennington, for the purpose of delivering those letters in person, but being informed of your absence from home, I en- trusted them to the care of our friend Mr. [Samuel] Swift.
. I found Sir James Craig in Montreal; where I had the honor of being introduced by Mr. Sewall 1 the Solicitor General, and delivered your letters. The reception I met, and the civilities received, as well from his Excelleney as from other leading characters there, were certainly flattering. On the business with which I had the honor to be entrusted by your Excellency, Sir James spoke with freedom and decision.
He seemed to think the request of our Legislature to be highly rea- sonable: and that an early and prompt attention to it would be calcula- ted to promote the interests of both countries. He expressed a strong disposition to do every thing in his power to promote so desirable an objeet; and I have no doubt but his answer to the application will be satisfactory to your Excelleney, and to the Legislature of Vermont. They will probably, at the next Session of their Provincial Parliament, enact such laws as will render highly penal the evil of which we com- plain. This will drive the villains from their country, or bring them to the gibbet.
Gentlemen of the first influence manifest a sincere desire to cultivate a spirit of harmony and commercial intercourse between Canada and the States, as mutually beneficial; and nothing, in my opinion, but a change of relations between the two governments will prevent complete success in the object of the mission.
With the most respectful consideration, I have the honor to be, Sir, Your Excelleney's obedient and Very Humble Servant, J. DUNIIAM.
Gov. Tichenor to Gov. Galusha .- Extract.
MONTPELIER, Oct. 13, 1809.
The Legislature at their last session were pleased to make it my duty to apply to the Supreme Executive of the province of Canada, for the legislative aid of that government to " remove or otherwise punish " a set of men, who are resident in the southern borders of that govern- ment, and who are counterfeiting our Bank paper. The measures which I have taken to effect what I conceived to be the wish of the Leg- islature, and all the official papers on this subject, are contained in the bundle of papers No. 2.
1 Probably Jonathan Sewall, LL. D., a native of Cambridge, Mass:
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It will give me pleasure to find that my proceedings in this business, shall be approved by the Legislature.
Permit me to congratulate your Excellency upon your appointment to the office of Chief Magistrate of this State; and to tender you, in great sincerity, my best services, in any matter that shall relate to the duties of your office, or that shall have a tendency to promote the inter- ests of our Country. I am most respectfully, &c. &c. I. TICHENOR.
2
His Excellency Jonas Galusha, &c. &c. &c.
It is evident that this correspondence came into the possession of the State; but it was never officially published, nor even preserved. For the foregoing copies the editor of this volume is indebted to Dunham's Washingtonian of Aug. 13 1810. The editors in the Jeffersonian inter- est had charged that Dunham's mission was political, and to rebut this charge he printed the correspondence, adding that the mission was suc- cessful in obtaining the desired legislation from the Provincial Parlia- ment of Canada. The necessity for it and importance of it will be ap- preciated on examination of the annual returns of that period of the criminal causes in the courts of Vermont. The returns from six coun- ties in 1808 show sixty-one indictments for counterfeiting, or passing counterfeit money.
1
ADDITIONS AND CORRECTIONS.
ORIGIN AND CAUSES OF THE UNION OF NEW HAMPSHIRE TOWNS WITH VERMONT IN 1778 AND 1781.
For two years the editor of these volumes has had in his possession two of the three interesting and most important documents on this sub- ject, which were communicated to the Continental Congress in 1779, but which could not be found in the archives of the State Department at Washington, and the printing of them was deferred in the hope that the third might be found. This hope has been more than realized, and now the documentary history of the Eastern Union, in contradistinc- tion to the Western Union with New York towns, can be satisfactorily completed. For the "Observations on the right of jurisdiction." &c., printed in 1778, acknowledgments are due primarily to Rev. B. P. SMITH of Brookline, Mass., who found the three documents in the library of the Massachusetts Historical Society; for "A Public Defence of the right of the New-Hampshire Grants," &c., to Rev. H. A. HAZEN of Billerica, Mass .: and for all of the other following documents, to Rev. NATHANIEL BOUTON, D. D., of Concord, N. H., editor of the Provin- cial and State Papers of New Hampshire, who has indeed furnished all the documents in print from the sheets of a forthcoming volume of the N. H. state Papers.
Extract of a Letter from Hon. Meshech Weare to New Hampshire Dele- gates in Congress, dated
EXETER, Decembr 16th, 1776.
GENTLEMEN-
"I enclose you an Address of Several Towns in the County of Grafton to the people at large (fabricated I suppose at Dartmouth College) and calculated to stir up contention & animosities among us at this difficult time: Especially as our Government is only temporary & the state of matters not allowing a Revisal. However this Pamphlet with the assi- duity of the College Gentlemen, has had such an effect that almost the whole County of Grafton, if not the whole, have refused to send mem- bers to the new Assembly, which is to meet next Wednesday."
-[M. W.]-1
1 State Pap. N. H., Vol. VIII, p. 420.
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[The following is an exact copy of the said printed Address:]
AN | ADDRESS | OF THE | INHABITANTS | OF THE | TOWNS | OF | PLAINFIELD, LEBANON, ENFIELD, ( alias RELHAN ) CANAAN, CARDIGAN, HANOVER, LIME, ORFORD, HAVERHILL, BATH, and LAN- DAFF, to the Inhabitants of the several Towns in the Colony of NEW- HAMPSHIRE. | NORWICH: 1 | PRINTED BY JOHN TRUMBULL, M,DCC,LXXVI.2
THE | INHABITANTS | of a Number of Towns in the COLONY of New-Hampshire, to the PEOPLE of the several Towns throughout said COLONY.
FRIENDS AND BRETHREN.
T THE important Crisis is now commenced wherein the providence of GOD; the Grand Continental Congress; and our necessitous circum- stances, call upon us to assume our natural right of laying a foundation of Civil Government within and for this Colony .- Our anxious concern how the present time may be improved, whenever we are acting, not only for ourselves, but ages yet unborn; and on which the fate of pos- terity politically depends, imbolden us to address you in this manner upon the important subject. How many millions are there in the world, who would count nothing in this life, too dear to part with, if they might arrive at such a period: and yet how frequent are the instances, wherein such golden opportunities have been lost, principally through the inat- tention of the people: whereby ambitious and designing men have in- shralled [inthralled] whole Kingdoms and Empires; and thereby brought them to ruin and destruction. The Tyrant would never rise, nor the Oppressor reign, were it not for the pusillanimous submission of the people, who have it in their power to prevent them, and ought to hold the reins of Government in their own hands. Freedom and lib- erty never can be lost, nor gained in the hands of Tyrants, but by the tame submission of the subject, or through their criminal neglect, or inattention: and are seldom if ever regained, but by bloody conflicts. Witness the present day. Who could have thought, even less than twenty years ago, that arbitrary power and oppression could have reigned predominant in one of the best constitutions (as supposed) in the world, in so short a time; but not more strange than true. This in part, may be accounted for by the parliament's giving up into the hands of the King such power and influence; but principally by the criminal neglect, if nothing worse, of the people; who have the right of constituting one main branch of the British parliament. It may be ob- served, as a self-evident proposition, that, whenever a people give up their right of representation, they consequently give up all their rights and privileges; this being the inlet or door to arbitrary power and op- pression; therefore upon the present exigency of affairs, it behooves every individual, who is a subject of Government, to attend to the im- portant business-see and act for himself. No one is excused, as we are all upon an equal footing, and all equally interested .- Therefore let us, like free born Americans, know our rights and privileges, and like rational men act up to our exalted character .- Let us not give occasion
1 Norwich, Connecticut.
2 A perfect copy of this address, printed as above, is in the Vermont State Library. It was formerly the property of Laban Gates.
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·
to our neighbours or posterity to reproach us, by saying, that we made a glorious stand against the strides of arbitrary power, and oppression; and with our blood and treasure gained the happy conquest, but in the first advance we made towards establishing a constitution for ourselves and posterity, we either inadvertently or carelessly, gave up our most essential rights and liberties; or rather that we did nothing to preserve them .- Upon these considerations, Brethren, are we induced to treat with you freely upon this subject; which leads us to a particular inquiry into, and observations upon the present state and circumstances of the Colony.
AND 1st. We shall all doubtless agree, that the former government of this Colony was in a manner absolute; perhaps more so than any of the united Colonies especially in point of representation, which was solely under the controul of the chief Magistrate of the Colony; and that it was owing to the goodness of the ruler that we did not feel the whole weight of the iron rod, that was thereby put into his hands: and also that the whole intention of the people now is to abolish the old, and form a new government upon a republican establishment, a design the most noble; a free people governing themselves by their own laws, &c. It will also be allowed no doubt, that as the Colony hath formerly been divided into Counties, Towns and districts, for the convenient and reg- ular governing the same, they will still act as such. Therefore, if there was nothing more in the way, we should likewise be agreed to take the necessary step for a remedy in the case, which naturally arises; (viz) as the body is too large and numerous to act individually, that the peo- ple elect their Representatives, and appoint them a time and place, to assemble together, for the purpose of laying a foundation or form of civil Government, throughout the Colony. But we are not insensible that there are several objections and embarrassments in the way; and by many, perhaps, thought to be weighty and important; which, if re- moved, will clear the way for our unanimous proceeding. Therefore, we shall endeavor to consider, and remove them by fair and reasonable observation.
IN the first place it will be objected no doubt, that there is now sub- sisting in the Colony, an Assembly, lately appointed by the people; who have formed themselves into a Council, and House of Assembly (as they stile themselves) and that said Assembly have already formed a plan for electing a new Assembly, this insuing fall, for the then insu- ing year: And, therefore, it would be preposterous, now to appoint a new Assembly, &c .- To which we answer, 1st. That, at the time, when the members of said Assembly were elected, the reasons, which make it now necessary that an Assembly should be appointed, did not exist: As the reasons for calling said Assembly then, and the purpose for which they were appointed, was only of a temporary duration: (viz.) to act in the exigencies of the Colony, under their distressed and difficult circumstances, as the case might require. No one we believe thought at that time, they were appointed to institute a lasting plan of Civil Government for the Colony; especially, independant of, and in contra- distinction to the Crown of Great Britain; therefore they were not elected for the purpose; and consequently have not the power that an Assembly now ought to have.
A FORMER Convention sitting in the Colony elected much as it chan- ced to happen under our then broken and confused circumstances, as- sumed to themselves the prerogative to regulate and determine how and in what manner the present Assembly should be elected, omitting some towns, uniting half a dozen others together, for the purpose of sending one member only; granting to some the liberty of sending one,
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and to some towns two, and others three, confining the electors in their choice of a Representative to persons of £200 estate and so on, in that manner, as they of their sovereign pleasure thought fit to dictate, and accordingly thus sent out their precepts; in which way and manner the present Assembly were elected: By which means, many towns are deprived of any representation at all, and many others are so in effect: And therefore, the Colony is far from being properly represented. On this point we are acquainted, that those, who are in favour of the pres- ent Assembly, have much to say, though we apprehend but little to the purpose. It is argued in the first place, that when there is a number of towns, of which the inhabitants are not more numerous than some one other town, that it is not reasonable they should have a greater number of Representatives-To which we answer, 1. That the number of inhab- itants in this case, in point of right, argues nothing in favour of the proposition; for every body politic incorporated with the same powers and privileges, whether large or small, are legally the same. We may with the same parity of reasoning as well argue, that a small body con- sisting of all the constituent parts of a man, is not a man; because there are others of the same species of a much larger size: Or that a person at the age of twenty one, is not legally capable of acting, because there are others of fifty or sixty, that can do no more .- The arguments may as well be applied in another case as follows, (viz.) That a person, of a large estate in a community, should have the privilege of voting equal to half a dozen others of small estates: Yet we believe even those that are most sanguine for the argument, will not insist upon it; al- though we cannot see if they gain the first, why they may not the latter. Notwithstanding, we do not deny, but the legislative body may, in point of prudence, grant to the large capital towns in the Colony some greater privileges in this respect, than the other towns have; but to unite half a dozen or more towns together, equally privileged, in order to make them equal to some one other town, is a new practice in politics We may as well take the souls of a number of different persons and say they make but one, while yet they remain separate and different, as in a po- litical sense to compound a number of different corporate bodies into one, and yet they remain distinct. The very idea destroys their being; but this manner of arguing is only begging the question: For even granting for argument sake, that it is reasonable that some one town in the Colony ought to have as large a part in the representative body, as half a dozen others, or nearly as a whole county; (which is the case in the present Assembly and that County too consists of above forty towns, the most of which are very considerably settled) yet our assertion holds good; (viz.) That no person or body corporate, can be deprived of any natural or acquired right without forfeiture or voluntary surrender, neither of which can be pretended in the present case: Therefore, they who espouse the argument, are necessarily driven to adopt this princi- ple: (viz.) that one part of the Colony hath a right to curtail or deprive the other part of their natural and acquired rights and privileges, even the most essential, without their consent. The argument is so absurd, that we shall only say, that they who advance such doctrines, and main- tain them, are rank Tories, in the modern sense of the phrase. If this principle must take place, we had better lay down our arms, and spend no more precious blood and treasure in the contest; for it is only de- stroying with one hand, and setting up the same thing or that which is worse with the other; they who will tamely submit to such a govern- ment as this, deserve not a cohabitation, amongst a free people. Be- sides, if there is any reason, why one town should have a greater share
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of representation than another, it must be done by enlarging their priv- ileges, and not by curtailing the others.
WE proceed 2dly, to take notice of the proceedings of said Assembly, which we think will serve much to the removing the objection. 1. Ob- serve, that the precepts issued out for calling said Assembly directed the people to elect Representatives to sit in Congress, with power, if thought advisable, to form themselves into a House of Representatives for said Colony; and the first step after they had thus formed themselves, was to elect, principally if not wholly, from among themselves, a certain number, called a Council, thus dividing the representative body into two parts, assuming the title of Council and Assembly of the Colony, &c .- How such a plan of formation came first into consideration, we leave for others to judge: For our part we think, that if it was neces- sary for part of the representative body to be set apart in that capacity, it was more necessary that they should have, in the first place, appointed some person, whom they might have had to counsel and advise. We can hardly think, that at the time of their election, the invention of their constituents so fruitful, or that they were by them thus instructed. Perhaps they might think they were imitating a neighbouring Colony, but the case is very different, as the other government acted by ancient practices and charters; but this was by mere institution.
2dly. IT appears by their publications, that the next principal step was to settle the plan of representation for the future. Whereby they established their new mode of government; and for this purpose direct the people in the colony, in some future time, to elect twelve persons in the Colony to be a Council, (viz.) Five in the county of Rockingham; two in the county of Hillsborough; two in the county of Strafford; two in the county of Cheshire; and one in the county of Grafton: And as to the representative body, that is to be elected in such a way and manner, as the present Assembly shall see cause to direct. This precedent to us, not only appears novel and unintelligible, but alarming; for in all governments where the people elect their Council, they chuse them at large, without restrictions to any particular part of the Colony. It is true, there is a practice in the Massachusetts-Bay, which at first view seems to be somewhat similar, but essentially different; which is this, that upon their receiving their latest charter, there was a union of two antient governments; in settling of which it was stipulated between them, that there should be such a number of counsellors in one, and such a number in the other, and such a number at large; which in no way resembles the present case: And we might with as much propriety limit the Council to particular towns as counties.
2dly. WE are at a loss by the modling of this Council, what they would be aiming at. At first view we should conjecture, that they in- tended to arrange them in such a manner, (according to their plan of representation) as equally to represent the people in the Colony; but when we observe the title they have given them, it appears this cannot be their intention; for by it they not only exclude them from the repre- sentative body, but even the Assembly itself-stiling them when acting in conjunction with the Representatives, The Council and Assembly of the Colony, &c. But we shall leave that matter for their future explana- tion, and only add, that if they are not part of the Assembly, they ought not to have a political being in the Colony.
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