USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 68
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1st. THEY are altogether exparte, without the privity, knowledge, or consent of the People governed; for they never know by whom or in what manner they are to be governed until the commission be pub- lished.
2d. THEY are held only at the pleasure of the Crown; and that too by being liable to alteration at any time as the Crown shall see fit.
3d. IT is an express command to the subjects to submit and obey; this is all the People can claim any right to: In short it amounts to this; do you A. B. or C. exercise government or rule over my subjects in such a place during my pleasure according to such and such rules, and such others as I shall give you from time to time; and do you my people as subjects obey according .- I ask in this case what act or choice the people have in this jurisdiction any more than a company of slaves have in a plantation under the government of one driver to-day and a new one to-morrow ? Those who think this is pointed too high are de- sired to read either of those Governor's commissions at their leisure. -Therefore what absurdity is it to urge that since this oppessive arm of power is broken, and the oppressed set at liberty to govern them- selves, that therefore one part has right of Jurisdiction over the other part merely because they were once under the same master by mear
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compulsion; that this is the case relative to the People on these Grants is clear and indisputable, for this jurisdiction has been changed twice if not three times in the course of twelve or fourteen years without the least of their privity or consent. Such Jurisdictions as these therefore never bind a people together any longer than the force that first con- pelled continues over them, and when that ceases they in point of social compact revert to a state of nature. No part in this case can claim right of jurisdiction over the other without claiming power from the same fountain. One thing more enters into the consideration of this right which I shall take notice of in this place; and that is the local sit- uation of the people in a particular state or Jurisdiction; when they are so situated that they cannot attend upon the matter of Government that concern them with any tolerable convenience, it becomes necessary for an alteration of the extent of such Jurisdiction. Otherwise the design of Government would be entirely frustrated. I know in Governments when the people had little or nothing else to do but to obey Royal Man- dates, &c. the more remote they were from the seat of government the better; but in Republican States it is otherwise; there every one has more or less to do, and therefore ought to be so situated that he can aet his part, otherwise he has no share in the Government. When any part of a State is so situated that the Inhabitants cannot attend upon the matter of Government within the State with any tolerable degree of convenience, this ill effeet will always follow, viz. That they will grow remiss and negligent, and thereby expose themselves to be overreached and oppressed by the other part.
FROM what has been said therefore relative to the right claimed by New- York and New-Hampshire over the said Grants on account of these Royal Commissions or Impositions, it is clear and plain that it is alto- gether founded in force and compulsive power, and not in compact and agreement, which power upon the Declaration of Independence of the United States became null and void, and therefore, there being no com- pact or agreement of the People whereby they became united with either of those States, they in that case reverted to a State of nature as to Government, and stand entirely unconnected with them. This being the ease, necessity, the Providence of GOD, your own interest and pru- denee call upon you to put yourselves into a state of Government either by connecting with some State already formed, or by erecting yourselves into a new and distinct State. If you have already pursued all reasona- ble measures for a Union with some other State to no effect, or your local and other circumstances are such as render it extremely difficult if not impracticable to be united with any State already formed, your in- dispensible duty is to form yourselves into a distinct State, and that without delay. The common cause in which we are all embarked, your interest, and especially that of the orphan and widow, and your morals suffer by the delay .- But doubtless there will be objections arising in the minds of some against proceeding at this time: I will therefore en- deavor to mention the most material and answer them. And
1st. IT will be objected that you are not of sufficient ability to sup- port and maintain Government .- To this I would only say, you are much more able in any respect than any of the United States were when they first began their respective Governments.
OBJECTION 2ª. We have not yet fully established our Independence; let us finish that matter first, and then see about erecting new States, &e .- To this I would answer, The only way to vanquish our inveterate Enemy and support our Independence is first to regulate and settle mat - ters at home; for while things remain in confusion among ourselves, we may expect they will be so throughout: Hence ariseth the difficulty of
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raising our army, equiping, cloathing them, &c .- And further as the United States are all settled and settling their plans of Government, for you to be still or in part to act with them until all things are settled, and then break off and set up a new State would be imposing upon and dealing deceitfully with them: Besides you will thereby give up your natural right of forming into a State of Government, and lie at the will of those with whom you have acted, whether you shall have the liberty or not. Therefore now is the time either to go forward and act on the affair or give up all pretensions of ever doing anything about it hereaf- ter. In addition to this you may be assured that whoever lives to see matters abroad fully settled respecting the present dispute will also see greater altercations and sharper contests about our internal police and domestic affairs, if they remain unsettled until that time, than we have yet seen, or men and things will be much altered from whatever they have been.
BUT I pass to another Objection, viz. That there is no supreme power yet erected by the United States to make and grant Jurisdiction to any new State, and therefore it cannot now be done .- I answer it is true there is no such power yet erected, and I pray GOD there never may be; for should there be such a power established, these Republican States would thereby become a Monarchy .- It will be asked then, why was it that all States or Bodies Politic heretofore obtained Jurisdiction from the Crown before they pretended to exercise Government ? And if nec- essary then why not now from some supreme power? The reason is this, the King of Great-Britain was Lord of the fee, and Chief Magistrate of all executive power throughout his dominions; therefore all Government was exercised in his name and by his authority. This will therefore lead us to inquire from whence this power of Jurisdiction must now arise ? I answer from the People who are to be the subjects of this Gov- ernment, the true and Original Source of all Government, there is noth- ing more or less that can give one man right to rule and exercise Gov- ernment over another but his agreement and consent thereto; therefore all that is necessary to give any body of men power or right to exercise Government in and over themselves, is their mutual compact and agree- ment for that purpose .- When this is done they have all the power they can or ever will have from any true source or fountain; nay they are not under the necessity of asking liberty of any other power thus to confederate together, &c .- Neither is there any power on this Continent (except Lord or General Howe) that will pretend either to give leave or forbid in this case; therefore the objection is of no force .- It will be asked then whether upon a new State being formed on this Continent or (we will say) on these Grants, they have anything to do with the United States in order to be a complete State for Civil Government? I answer as to their internal police or Civil Government simply consid- ered they have not; but in a relative sense they have; and in this way, when they once become a distinct State or Body Politic then they are a proper member or body to be treated with and received into Union and Confederation with this great and Aggregate Body, and not before: In this way only can they become one of the United States, viz. by the Uni- ted States agreeing to receive, and the particular State agreeing to unite with and submit to the terms and conditions of this Aggregate Body. Thereby they become a proper subject of its controul and Government. -Thus you may plainly see that all Government from the highest to the lowest is founded in compact. But methinks these observations will produce the curiosity to know in what point of light this particular State would be considered, when formed and presented to the United States for acceptance, should it then be rejected ? I answer the United States
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would treat them as a neighbor according to their behavior: For al- though they should not receive them they cannot in justice annihilate them, because they having never been connected with them, are not under their power or controul. Therefore if they behave as an honest Neighbor they will treat them accordingly, but if their conduct should be inimical to the United States they will be treated as enemies. This doubtless would be the case.
THUS, Gentlemen, in a brief manner I have endeavored to point out your political situation and circumstances, and your duty relative there- to. I shall therefore close with a word of advice; and that is, if you should think it expedient upon what has been observed to proceed in forming a distinct State, by all means be unanimous and consider your- selves on these Grants as being all on the same foundation. Act to- gether as one collective body so situated by the Providence of GOD, as clearly point out the necessity and convenience of your being united in a distinct State .- Therefore divisions among yourselves either by rivers, mountains or the like may prove fatal; especially in respect to your ac- ceptance and approbation by the United States, &c. Much will depend on your joint and unanimous proceedings; I therefore submit the whole to your candid perusal:
And am, Gentlemen,
Your most obedient and humble servant, REPUBLICAN.
JANUARY 6, 1778.
POSTSCRIPT.
Containing OBSERVATIONS wrote since the Publication of the ARTICLES of CONFEDERATION of the UNITED STATES OF AMERICA ..
SINCE my finishing the foregoing I have had opportunity to peruse the proposed Articles of Confederation of the United States, and think it necessary to make some Observations on the second and ninth arti- cles, which I conceive are of importance to consider, especially as to the proper time for your Uniting and forming into a distinct State, &c. -You will take notice that by the second article " Each State is to re- tain its sovereignty, freedom, and independence, and every power, juris- diction, and right which is not by the Confederation expressly delegated to the United States in Congress assembled."
You will observe also that in the ninth article provision is made for the hearing and determining matters of dispute between any two or more States relative to Jurisdiction, boundary. or any other matter what- ever; but no provision for Congress to hear or determine any matter of dispnte between one part of a State and the other; but are prevented by the second article .- Neither is there any provision for Congress to inter- pose relative to dividing any State or States, for the purpose of erecting a new State or Jurisdiction, or of transferring any part of one to the Jurisdiction of another, &c. This matter is left to each particular State to determine as they shall think proper: This is agreeable to what I before observed, that as to erecting particular States or Jurisdictions the United States in Congress had nothing to do, neither would they ntermeddle in those matters .- Therefore all the particular States as to their Powers, Jurisdictions, and Rights as they are or will be when the Confederation takes place and Government is settled in the respective States will be unalterably established and must so remain as long as the Confederation lasts, unless they shall see fit to alter themselves, the probability of which I leave every one to judge who knows that men
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and bodies of men are governed by self-interest .- This I think a suffi- cient answer to those who are for putting off the affair until all public matters are settled, and then enter upon making new States, &c. They in that case will be told it is now too late; this consideration therefore will make it necessary to enquire more particularly what steps are pru- dent to be taken by the Inhabitants living on the Grants east of Con- necticut-River, especially as we find the present assembly of New-Hamp- shire " have directed the several towns and districts if they see fit to instruct their Representatives at their next sessions to call an Assembly by a full and free election to convene together for the sole purpose of establishing a permanent plan of Government for the State," and there- fore many will say perhaps such a plan will be settled as will give satis- faction to all parties concerned: And further that it is our indispensible duty to assist in forming this plan in order if possible to have it so done that we may be satisfied, but if after all we cannot obtain such a plan as appears to us just and equitable we will not connect with them but seek after connections somewhere else. - But let me tell you my friends that whatever town or district undertakes to act in forming a plan of Govern- ment for the State, when once the plan is formed and settled, be it what it will, like or not like it, they are as effectually bound by it as if they had made it altogether themselves; for you cannot act in the least with- out first uniting, and when once united, whatever that Body does will be considered as your act as much as theirs .- Therefore if you consider yourselves now unconnected, and that it is your duty and interest to seek after connection with them, and still retain liberty in your own hands until such time as you can agree to unite, the only proper way is, to propose such terms as you are willing to unite upon, and if agreed to then a union may properly take place; but if not agreed to, then you are at liberty to act otherwise as you think proper. Therefore every one may know for certain if he once begins to act in this affair he must abide the consequences, for having put his hand to the plough he can't look back. -I urge this the more not to dissuade those who think it their duty and interest to seek after connection, but that they may act with their eyes open, and not dabble in those matters, and afterwards complain that they are unjustly dealt with; therefore all such as are willing to join with said State in forming a plan of Government, and run the venture of obtaining such an one as may be agreeable, let them join, they have a right so to do .- But those that are not, if they intend to keep their hands at liberty by no means ought to meddle in the least .- And as things seem to be ripening fast to a settlement relative to governmental affairs whatever ought to be done ought not to be delayed.
FINIS.
An Address to the Inhabitants of the New-Hampshire Grants (so called) lying westward of Connecticut River.
[By Hon. TIMOTHY WALKER, Concord, N. H. ]1
FRIENDS AND FELLOW COUNTRY-MEN.
The occasion of my addressing you at this Time, is the sight of a very insignificant Pamphlet, the other Day thrown in my way, intitled Ob-
1 The copy was was furnished to Dr. Bouton, editor of N. H. State Papers, by JOSEPH B. WALKER, Esq., of Concord, grandson of Judge Walker, who was a member of the Council of New Hampshire in 1778.
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servations &c. relative to your affairs, lately printed at Danvers, by E. Russel.
I should not think this performance worthy of the least Notice, but that I am certainly informed, that it is circulated up your way, on both sides of the River, and is much relied upon, and has a great effect in misleading the less knowing and judicious, and betraying them into dangerous errors, both in Judgment and Practice, destructive of the Public Welfare.
Were we to judge of the Author's design by his Introduction, and indeed, by the bulk of his performance, we should suppose that (however vague and ineffectual it is to any such purpose) he proposed to offer something of use for your direction and assistance, in your endeavors to extricate yourselves from the many Troubles and perplexities you have, for a number of years, been embarrassed with, in consequence of your subjugation to the Government of New York. But by some scattered Hints through the whole, and, especially the last page of his Postscript, I am led to judge that the author's principal view, was to pave the way, and facilitate the introduction of a number of Towns on the east side of the River Connecticut iuto your new forming State.
My design is, to offer some things to your consideration, which, if they shall appear of equal weight to you, as they do to me, I imagine you will judge them sufficient reasons to bar such a coalition. The au- thor's labored pretense to trace the two Provinces of New York and New Hampshire from their origin, which take up so much room in his performance, serves no other end that I can perceive, than to show his own gross ignorance in those matters; for, whatever title the Duke of York had, either with respect to soil or jurisdiction, in any part of America, either as a Pateutee under his Brother, or afterwards in his own Right, as King, he soon lost it all, together with his Crown, by his misrule; and New York, ever since the Revolution,? (be its bounds where they may) has been considered as a Royal Government in con- tradistinction from the Charter and Proprietary Governments.
No less Ignorant does he seem to be, with respect to the origin of New Hampshire, which, as far as respects Jurisdiction, was, from the beginning, a Royal Government; Capt. John Mason, by several Grants from the Council of Plymouth, had all the land assigned him, between Salem River and Piscataqua River, and sixty miles up into Land; to which he gave the name of New Hampshire, but it was not in the power of that Council to give him Jurisdiction over an Inch, so that, his dis- tinction between Mason's New Hampshire and the King's New Hamp- shire, is the most idle whim that ever entered into the Head of an en- thusiast in Politicks.
No less ignorant does he seem to be of the English Constitution and mode of expression, where he speaks of "a Decree of the Board of Trade," as the foundation of your subjugation to the Government of New York. The Board of Trade pass no decrees in such cases. but act as a sort of Committee, who are to enquire into all circumstances of any affair submitted to their cognizance, and to report to the King and Privy Council their opinion what is best to be done.
But, to pass over this and some other Things as of little or no impor- tance, and come to matters of Fact: New York, ever since the Revolu- tion, and New Hampshire from the beginning, had been considered as Royal Governments; and there, I suppose, both Lawyers and Politi- cians, in both Englands, are agreed, that the King's Commission is the
2 That is, in England, 1649.
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Magna Charter, or rather the vivifying Principle that puts life into the Constitution, as well as determines its Limits and many other circum- stances; and now, as the boundaries of these two Provinces, as far as they bordered upon the Charter Governments, had been ascertained, so when these were passed by, the place where the two Royal Govern- ments were to meet had not been plainly and explicitly determined. until the year 1764, or thereabouts ;- that is, the King had never told his governor of New Hampshire, in express terms, how far west he should go, and there stop, nor his Governor of New York how far East he should go and then cease, until the Aera last mentioned.
Now, this being the case, it was by the English Constitution a matter of mere prerogative, that is, it was in the King's Power, to fix this line where and as he pleased; but this, as all acts of Power, should be guided by Wisdom, conducted by Justice. and tempered by Goodness. Now, I suppose, it was the want of these amiable attendants of Power, in this instance of its exertion, that is the principal ground of your complaint; that is, you were, in a manner contrary to all good Policy, and subver- sive of the very end of Government, surreptitiously, as it were, torn and dissevered from a Province, under whose auspices you settled, where your connections, acquaintance and business lay, and where you had reason to expect and hope for a good share of those comforts & ad- vantages which render society elegible and Government beneficial, and subjected, as it were, to a foreign Jurisdiction, where these blessings could not be enjoyed at all, or but in a very imperfect degree. This, however slightly and confusedly it is, a's it were glanced at by this Au- thor, I suppose is the principal source of your peculiar troubles. But now, my Friends, is anything like this the case with respect to those Towns on the East side of the River, now about to join you? Exactly the reverse-Every step in the whole progress of their Settlement, from its infancy to its present improved state, has been with the entire con- sent of the people. They have, in every possible way (except person- ally signing an instrument for the purpose) expressed their satisfaction in their situation, as a part of New Hampshire, in a manner and to a degree that rather verged towards Adulation, than exhibited the least sign of disgust and uneasiness. They applied to the Governor of New Hampshire and obtained of him Grants of their Lands and Charters of Incorporation, beld their Town meetings regularly, chose their Town officers, transacted all business which Towns usually do, without the least lisp of murmur or complaint. Gentlemen have taken and execu- ted Commissions, both Civil and Military, and when the Province was divided into Counties, one of those very Towns, who are now aiming at a defection, was honored as a shire Town, and, at an expense bordering on profusion, erected a Court House, held their stated Courts, &c. &c. The Governor of New Hampshire attended the Commencement at Dartmouth College, (where the people now join in the defection) es- corted by the principal Gentlemen in the vicinity, and there treated with all the eclat and magnificence that could be exhibited on the oc- casion.
Thus matters stood, when the British administration stretched the Iron Rod of Tyranny and Despotism over these Provinces, in a manner and to a degree that left no man secure in the enjoyment of his Prop- erty or even of his life.
At this dark Period, Delegates front the several Provinces were de- sired to meet in General Congress to deliberate and determine what could be done to ward off the fatal Blow. Now, these very Towns, by their Representatives, met with their Brethren, the Representatives of
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the other towns of New Hampshire, and joined with them in the choice of Delegates which made a part of that August Body which now figures in the principal Courts of Europe, and is particularly honored by the Alliance and guarantee of so great a Prince as the Grand Monarque.
But now, if the Principle which this author lays down, and which is the basis of his whole superstructure, (viz. That the Declaration of In- dependence dissolves all political relations and connections) be admit- ted, as not only true in theory, but also carried into practice, by this single blow of the clumsy Fist of this dabbler in politicks, the glorious Fabrick (American Independence) which I suppose I may say is the admiration of all Europe, and the Esteem of all, with a very few exceptions, will be laid prostrate, jumbled into a huge heap of sand, without any cement to hold it together. For, if Provincial Lines that were universally acknowledged and acquiesced in, both by Governors and Governed, as the true boundaries of the several Provinces, be re- jected as of no validity, most certainly all subordinate Corporations, depending upon the same authority must share the same Fate. And thus, the fine Country that bids so fair to shine in the annals of futurity, is at once reduced to a State of Nature (the Author's own words) and must soon sink under its own weight. But, this is not all; there is a minority in each of these Towns, which sees things as they are; who look upon themselves as bound by every Social Tie, to approve them- selves as liege subjects of the State of New Hampshire; and, conse- quently, in obedience and conformity to this Principle, which Reason dictates and Religion patronizes, they refuse subjection to any Rules, Regulations or Orders of what name or nature soever, inconsistent with the Faith they have plighted to the State of New Hampshire .- These, when they find themselves unable to bear up against the torrent of Rage and Oppression from their cruel Neighbors, will, doubtless, apply to the State of New Hampshire for protection. I must confess, I dont see how they can, and I have no apprehension that they will, reject such application ; but, after all lenient measures have been used, without success, they must and will employ the Power of the State to vindicate and protect their thus injured subjects, altho at the expense of the Blood and Treasure of another Civil War.
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