Records of the Governor and Council of the State of Vermont, Vol. V, Part 71

Author: Vermont. cn; Vermont. Conventions (1775-1777); Vermont. Council of Safety, 1777-1778; Vermont. Governor. cn; Vermont. Supreme Executive Council, 1778-1836; Vermont. Board of War, 1779-1783; Walton, Eliakim Persons, 1812-1890, ed
Publication date: 1873
Publisher: Montpelier, J. & J. M. Poland
Number of Pages: 598


USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 71


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1. To agree upon and settle a dividing line between New Hampshire and the Grants, by committees from each party, or otherwise, as they may mutually agree.


Or, 2. That the parties mutually agree in a Court of Commissioners of disinterested, judicious men, of the three other New-England States, to hear and determining the disputes.


Or, 3. That the whole dispute with New-Hampshire be submitted to the decision of Congress, in such way and manner as Congress in their wisdom shall prescribe.


Provided always, That the Grants be allowed equal privilege with the other party, in espousing and conducting their cause.


Or, 4. If the controversy cannot be settled on either of the foregoing articles, and in case we can agree with New-Hampshire upon a plan of government, inclusive of extent of territory, that we unite with them, and become with them one entire State, rejecting the arbitrary line drawn on the western bank of Connecticut river, by the King of Great Britain in 1764.


Before we conclude, we think that duty to the public and regard to the honor and dignity of the Continental Congress, require that we make a few remarks on the report and declaration of Col. Ethan Allen, before recited. On which we must observe, that if his account be true, as be- fore related, it is in a degree alarming ; as of all other legislative, judi- cial or executive powers on the continent, the Congress (who hold the supreme power) ought to stand in the highest and fairest point of view; and no court has more justly obtained an established character for wis- dom, integrity and impartiality, and none so clear from the imputation of intrigue and bribery of any kind whatsoever. And as it is of the highest importance that their character be supported; and that they and the public be acquainted with everything of a public nature, which is derogatory to the honor and integrity of that angust body, we have


539


Additions and Corrections.


thought it expedient to publish to the world Col. Allen's representation of the conduct of the New-Hampshire delegates, contained in his report and declaration before rehearsed, which we conceive to be of that kind. And although it has the appearance of partial friendship to this new State, yet we wholly reject it, as being done withont their knowledge or desire: 1 that it savors too much of intrigue and bribery, and is a method of obtaining our cause that we despise, for we desire not to have that hon- orable body or any member of it, injure their character for the sake of helping us; nor that they do the same to our injury. If the justice of our cause, when rightly understood by impartial judges, won't support us, we are willing to fall. And as the said report and declaration are matters of fact, and lie fair for every one to make his comments upon, we submit them without saying anything further thereon.


JACOB BAYLEY, ELISIIA PAYNE, Committee.


BEZA WOODWARD,


New-Hampshire Grants, Dec. 1, 1778.


Next in order comes the record of the Convention at Cornish, N. H., of Dec. 9, 1778, for which see Vol. III, pp. 499-501.


Letter from Ira Allen to Meshech Weare.2


WINDSOR, December 12th, 1778.


Honrd SIR-


As I wish to do nothing that conserns a Neighbouring State, but what should be there made known, I therefore herewith Inclose to you my Printed Letter to the Inhabitants of this State, as also an Extract of the Prosedure of a Convention called at the Request of those Gentlemen that with Drew from the council and Assembly of Vermont at their ses- sion in October last :- said Convention was held at Cornish on the 9th day of Instant Decem". As I Providentially Happened at said Conven- tion, and as I have been conversant with the principal men in most of the Towns between this and Cohoos, shall make a few observations on the Present confused State of affairs in those Parts.


There was eight Towns Represented in said Convention from the West side of the River and Probable two or three more may joine them. But in most if not all of said Towns there is a large minority in oposi- tion to such Prosedure.


1 Altho' it is evident by Col. Allen's report that he was not constitu- tionally appointed to appear at Congress as agent for the State of Ver- mont, yet his going " by desire of the Governor, and at the request of several members of the Council," carries the appearance of his having authority from them for that purpose, and doubtless added great weight to his proposals to and agreements with the members of Congress in be- half of the State ; which " the Governor and several members of the Council " had no right to confer without a quorum of the Council consti- tutionally convened, which appears by his report not to have been the case in the present instance.


2 Furnished by Rev. Dr. BOUTON.


540


Additions and Corrections.


In the sixteen Towns sed to be in union with this State sinc the Brake in the Assembly of October Last, the Party that was in favour of New IIampshire have considerably Increased.


Within the disaffected Towns on both sides of the River are several Gentlemen whose Design is to Brake up this State and connect the whole to New Hampshire for the sole Purpose of Bringing the seat of Government on Connecticut River at or near the College, and to establish a Plan of Gov- ernment similar to Vermont.


There is no authority exercised East of Connecticut River by this State, and I dare Engage at the Risque of my Reputation as a man of Honour or common sense, that the future General Assembly of this State will not countenance an encroachment on the State of New Hamp- shire.


In the year 1764 by an Arbitrary act of the Crown the Grants West of the River was put under the Jurisdiction of New York, where the Inhabitants have since Experianced all the Evils that a Colden, Dunmore and Tryon, together with a clan of New York Land jobbers could invent and inflict ;- in the course of which troubles (as I am informed) appli- cation was made to New Hampshire to assert their clame, which was Reffused. The Inhabitants on the West side of the Green Mountain Boldly asserted their Rights and Defended their Property untill the late Revolution; soon after which Overtures was made to the Inhabitants of the then Counties of Cumberland and Gloucester who had in some degree submitt to the Arbitrary Power of New York and had then members in the Provential Congress of said State; after many Perswasive Argu- ments the Inhabitants in said Counties connected with those on the West side of the Green Mountain to form a State, and Proseded to form a Constitution &c.


Had it not been for that the Inhabitants of this State would by their own consent been effectually bound to New York, by connecting with them in forming a constitution &c. Had that been the case no one would have been so hardy as to have thought of claiming the antient jurisdiction of New Hampshire, nor even New Hampshire of claiming the now State of Vermont, any more than the Massachusetts Bay the southerly part of said States. But it seems a few Restless Uneasy men not having the good of either of the States at Heart, (but their own pri- vate Interest and Immoliment) are about to clame the antient Jurisdic- tion of New Hampshire. Should that be the case, doubt not but they will meet with such treatment as to Justice may appertain.


I am, Honord Sir, with due Respect Your most obedient Humble Servant


The Honourable Meshech Weare, Esq".


IRA ALLEN.


Address to the Inhabitants of the State of Vermont, by Ira Allen, dated at Dresden, Nov. 27. 1778.1


TO THE INHABITANTS OF THE STATE OF VERMONT.


GENTLEMEN-


Whereas the General Assembly of this State did appoint me to wait on the Honorable Meshech Weare, Esq. President of the Council of the State of New Hampshire, with a Letter from his Excellency Thomas Chittenden Esq. and another from Col. Ethan Allen, &c. And whereas


] Furnished by Rev. Dr. BOUTON.


541


Additions and Corrections.


several of the members of the Honorable Council and Assembly of this State, desired me to write to them (on my return from New Hampshire) the state of affairs relative to the Union with sixteen Towns east of Connecticut-River and this State: I therefore beg leave to state the fol- lowing as a short state of the matter, viz.


When I arrived at Exeter found the General Assembly then sitting, delivered said Letters to the President, who after examining the same in Council, sent them to the House for their inspection: the said Letters were again read and largely discoursed on, and a Committee appointed from both Houses to answer the same .- I being then present besides having many other conferences with the members of both Houses, found that they were unanimous for maintaining Inviolable their Jurisdiction to the East Banks of Connecticut-River, but that they had no disposition to interfere with the State of Vermont in its first described Limits, which will more fully appear by their Resolution in the affair of Mr. Hovey, and an Extract of President Weare's Letter to Col. Ethan Allen, which is as follows, viz.


" State of New Hampshire


In the House of Representatives, Nov. 10th, 1778.


According to the Vote of the House of this day, the Honorable Coun- cil and House being met in the Assembly Chamber, the Honorable Me- shech Weare, Esq. in the chair, proceeded to take under consideration the petition of Nathaniel Hovey, preferred to the Honorable Committee of Safety of this State on the 24th September last,1 and the further trans- actions thereon-And upon consideration of the same came to the fol- lowing Resolutions and reported, That two Hundred Pounds be granted to the said Hovey, out of the Treasury, by order of the President, for his present necessities, to be by him accounted for; and that the persons named as Rioters in his complaint and Petition, together with Nehe- miah Estabrook, of Lebanon, be notified to attend the hearing of said Petition before the General Assembly, if sitting, or Committee of Safety of this State in the recess, on the Second Thursday of December next, and that the Secretary be directed to issue proper notice to the said per- sons; and that Capt. Samuel Atkinson, of Boseawen, be directed to No- tify them accordingly :- Which Report was read and accepted.


Sent up for concurrence.


JOHN DUDLEY, Speaker, Pro. Tem. A copy examined by E. THOMPSON, Secy."


[From Mr. Weare's Letter. ]


" As you have been so full and explicit in your own sentiments, I trust the Body of your people will be of the same opinion, as I am sure every sensible person will; notwithstanding blind designs of some un- easy and never to be contented men, whose views must certainly be more detrimental to you than they possibly can be to New Hampshire- Whatever may be determined by Congress relative to the acknowledg- ment of your independence will be freely acquiesced in by this State."


I find by enquiring into the situation of the Grants (so called) east of Connecticut River, that the Towns in the County of Cheshir are almost Unanimously Represented in the General Assembly of New Hampshire -and that about twelve Towns in the County of Grafton are also Rep- resented in the Assembly of New Hampshire-and that in the sixteen


1 See Vol. VII N. H. Hist. Coll., p. 167, and Town Pap. N. H., vol. IX, p. 465.


1


542


Addittons and Corrections.


Towns in connection with this State by said union, there is a large mi- nority in opposition to said union.


Amongst the arguments made use of by New Hampshire to support their claim to Connecticut River, are the following, viz.


That by the determination of the Court of Great Britain in establish- ing Provinces in North America, said Lands were included in the juris- diction of New Hampshire, and in consequence of that many Charters for Towns was granted by the Governor of said Province with all the priviledges and immunities that any other Towns in said Province did enjoy, which they held under the Crown untill the Revolution; at which time Circular Letters was sent to the several Towns thro' that Province, to Choose Members to form a Congress to transact the political busi- ness of the State, at which time several of those Towns now in union with this State sent Members: About a year after a second Congress was chosen, and some of said Towns sent members. Said Congress then established a Plan of Government which was to remain in force untill the exigencies of the State would admit of more leasure time to form another ;- which plan or Constitution of said State has ever since and now remain to be governed by. Since the depreciation of Money, an additional pay has been given by the State of New Hampshire to the Militia of said State, in addition to their Continental pay when in such service; which pay has been cheerfully received by the Militia of said Towns.


Thus Gentlemen I have given you a short state of facts, agreeable to the best information I can get, by which you will observe that the State of New Hampshire are willing that the State of Vermont should be a State in its first described limits west of Connecticut River.


I have also to observe, that by several authentick Accounts lately re- ceived from the Honorable Continental Congress, that the Delegates are willing that the State of Vermont should be a State within its first de- scribed limits (the Delegates of New York excepted) which fully ap- pears from that Honorable Body's not passing any Resolves against any of the Proceedings of the State of Vermont since its formation, altho' often requested by New York.


Having met with several printed papers published by order of these Gentlemen that withdrew from the General Assembly of this State at their session in October last: But as I did not design this Letter for an answer thereto, shall make but few remarks thereon :-


In the course of which papers there is a request to all the Towns on the Grants on both sides of the River, whether united with the State of Vermont or not, to send members to form a Convention to consult and agree upon measures whereby we may all be united together, by being and remaining a distinct State, on such foundation that we may be ad- mitted into confederation with the United States of America, and under their protection, &c.


A very large part of the Towns on the Grants west of the Mason line and East of Connecticut River, are Represented in the General Assem- bly of New Hampshire, and consequently they are Represented in Con- gress: therefore they cannot withdraw from New Hampshire, and con- nect with any other body politick, and present themselves to Congress to be taken into Confederation with the United States, for they are already taken into Confederation by the way of New Hampshire :- The way them Towns could Act, were they to send inembers to said Conven- tion, would be to act on the latter clause of the Warrant which is to claim the Antient jurisdiction of the Gover :. ment of New Hampshire, and in that way defend ourselves against the pretended right of juris- diction of any other State, and thereby become one entire State accord-


543


Additions and Corrections.


ing to the extent of New Hampshire Province as it stood before the Decree in 1764 took place-But whether that is the design of the Con- vention or not 1 leave the candid reader to determine.


I appeal to every person's own conscience in the State of Vermont, whether when the inhabitants on the west and east sides of the Green Mountain first connected together to become one body politick, they did it under a view that the Grants east of Connecticut River would join them; and if it had not been for that, they would not have joined in said plan.


All those that did unite together in one body politick to form a State west of Connecticut River, will, I doubt not, on due consideration, pur- sue that desirable object; (if any difficulties should arise so as unhap- pily to separate those Towns east of Connecticut River from this State) for in that view of the case we should then enjoy all we first expected; and as the Constitution of this State is so happily calculated to preserve inviolable the rights of the people; and as is in it there is ample provis- ion made for the propagation of the Gospel, together with proper Sem- inaries and Schools of learning, which are among the greatest blessings God in his wisdom ever bestowed on the fallen race of man.


By what has already been elucidated, it appears that the State of Ver- mout is in lavor with the United States of America; therefore if the people in said State are, and continue steadfast to maintain the same, they will without doubt support the Independence of said State, so long as the United States do theirs.


Since the choice appears to be in the brest of the good people of this State whether they will be governed by the agreeable Constitution they have made, or lay that a side and seek for connections with a neigh- bouring State, which is some in debt, and whose known plan of repre- sentation is by numbers, so that it would take five or six of our new Towns to send one member; and when we consider that those infant plantations have gone thro' numberless fatigues and expences to defend their just rights from the arbitrary power of New-York; and since this present contest we have been a frontier to three neighbouring States, our inhabitants have been obliged to flee before their enemy, our sol- diery often called forth by alarums, who have fought and bled nobly on the field for the defence of their country :- Is there not a much greater probability that we should be considered for those extraordinary diffi- culties, by the Honorable, the Grand Council of America, in defraying the expense of this unnatural war, than by the legislature of any State whose private interest would be nearer connected with ours.


I doubt not but every reasonable person will, on due deliberation, de- termine that it is best, wisest, and cheapest for the good people of this State, to steadily pursue their plan of Government which will transmit to posterity the blessings of a free State.


I am, Gentlemen, with due respect, Your most obedient, Humble servant, IRA ALLEN.


Dresden, [Hanover, N. H.] November 27th, 1778.


The Mason Grant .- In Vol. I, p. 276, note 1, the dates of two grants to Capt. John Mason, of territory now embraced in Massachusetts and New Hampshire, are given as of March 9 1621 and Nov. 1 [or 7] 1629. Rev. Dr. Bouton gives the dates as of Nov. 7 1629 and April 22 1635. The grants of 1621 and 1629 were renewed April 22 1635 .- See Belk- nap's Hist. of New Hampshire, Boston ed. of 1813, Vol. 1, pp. 14, 18, 27.


544


Additions and Corrections.


Abel Curtis, Vol. III, p. 24 .- Mr. Curtis was born in Lebanon, Conn., of the class of 1776 in Dartmouth College, and died at Norwich, Vt., Oct. 1 1783, aged 28 years. In 1779 he had printed "A Compend of Eng- lish Grammar, being an attempt to point out the fundamental princi- ples of the English Language, in a concise and intelligible manner: and to assist in writing and speaking the same with accuracy and correct- ness. By Abel Curtis. Printed at Dresden (Dartmouth college) by J. P. & A. Spooner, 1779." In The First Half Century of Dartmouth Col- lege, by Nathan Crosby, a very high estimate is put upon this grammar. Probably no man in Vermont of his age gave greater promise of public usefulness than Mr. Curtis.


Lieut. Gov. Elisha Payne, Vol. I, pp. 275-278 .- Mr. Payne was born at Canterbury, Conn., and he died at Lebanon, N. H., July 20 1807, aged 76 years.


Doct. Timothy Todd, Vol. IV, p. 169 .- Doct. Todd died at Killing- worth, Conn., in April 1807, aged 48 years.


Col. Seth Warner, Vol. I, p. 159 .- The fact that Warner raised a sec- ond regiment in Vermont for continental service in 1776 has been re- corded, but the occasion of it deserves to be fully set forth, as showing the reliance placed upon the Vermonters, and their promptitude in re- sponse to the call upon them. The following letter serves this purpose. It is in the Documents relating to the Colonial History of New York, Vol. VIII, p. 664.


Brig. Gen. Wooster to Col. Warner.


MONTREAL 6th Jan'y 1776.


Dear Sir. - With the greatest distress of mind, I now sit down to in- form you of the event of an unfortunate attack made upon Quebec, between the hours of 4 and 6 of the morning of the 31st Decembr last. Unfortunate indeed for in it fell our brave General Montgomery, his Aid de Camp McPherson, Captain Cheeseman, Capt" Hendrick of the Rifle Men, & two or three Subaltern Officers, & between sixty and a hundred Privates, the number not certainly known, & about three hun- dred Officers and Soldiers made prisoners. Amongst which is Lieut. Colo. Green, Major Bigelow,' Major Miggs [Meigs,] & a number of Cap- tains and inferior Officers.


Col. [Benedict] Arnold was wounded in the leg in the beginning of the action, as was Major Ogden in the shoulder, and brought off to the general hospital. I have not time to give you all the particulars, but this much will shew you that in consequence of this defeat our present prospect in this Country is rendered very dubious, & unless we can be quickly reinforced, perhaps they may be fatal, not only to us, who are stationed here, but also to the Colonies in general. As in my Opinion, the safety of the Colonies, especially the Frontiers, greatly, very greatly, depends, upon keeping possession of this Country.


' Timothy Bigelow of Worcester, Mass., first grantee of Montpelier.


545


Additions and Corrections.


You know as well as any man the temper, disposition & character of the Canadians. That they are not to be depended upon, but, like Savages, are very fond of chuseing the strongest party. Add to this, our enemies in this country, of which there are many, they use every method to excite the Canadians against us; Among other things they tell them the United Colonies intend to abandon this country, the clergy refuse absolution to all who have shewn themselves our friends, and preach damnation to all those who will not take up arms, against us, & tell them that even now it is not too late, that we are but a handfull of Men, &c. &c.


I have sent an express to Gen1 Schuyler, Gen' Washington & the Congress, but you know how far they have to go, & that it is very uncertain how long it will be before we can have relief from them. You, Sir, and the valiant Green Mountain Corps, are in Our neighbour- hood. You all have arms, and, I am confident, ever stand ready to lend a helping hand to Your brethren in distress.


I am sensible there was some disagreement between General Mont- gomery and you. 1 Poor man he lost his life in fighting valiantly for his Country. But why do I mention anything about disagreement to you. I know private resentment cannot prevent your exerting every faculty to vindicate the rights and priviledges for which we are so nobly contending.


Therefore let me beg of you to collect as many men as you can. Five, or Six, or Seven hundred if it can be done, and some how or other get into this country, & stay with us until we have relief from the Colonies.


You are sensible we have purvisions here in abundance and the weather in this Country I assure you, is far, very far, from being so frightfull as many have imagined. You'l see that proper Officers are appointed under you & both Officers and soldiers shall be paid as other Continental Troops are. It will be well for Your men to set out as soon as they can be collected. It is not so much matter whether to- gether or not, but let them be sent by Tens, Twentys, Thirtys, Fortys, or Fifty's as they can be collected, for it must have a good effect on the minds of the Canadians, to see Succours coming on.


You will be good enough to send copies of this letter, or such part of it as you think proper, to the people below you; I can't but think our Friends will push for this Country. I am confident you will not disap- point my most fervent wish and expectation of seeing you here with your men, in a very short time.


Now is the time to distinguish Yourselves, & obtain the united ap- plauses of your very gratefull countrymen, & of Your distressed Friends in Canada, & of Your sincere friend & most hble Servt


DAVID WOOSTER.


To Col. Warner, or in his absence to the principal gentlemen in Cum- berland and Charlotte Counties. (A true Copy.)


Bezaleel Woodward, Vol. II, p. 114 .- Prof. Woodward died in Sept. 1804, aged 59 years .- Windsor Gazette of Sept. 11, 1804.


Vol. IV, p. 61 .- John White served in the Council until 1807, instead of 1808. The error was in Deming's Catalogue.


P. 97 .- Mack's Leg is Mark's Leg in the act forming the town of Windham.


Votes for Governor .- Since the Council Journals of 1811 and 1812 were printed, the following has been found in the Northern Centinel of


1 The occasion or reason of disagreement the editor does not know.


35


546


Additions and Corrections.


Oct. 15 1812. The footings are as in the Centinel, but they are not


correct.


1811.


1812.


Counties.


Galusha.


Chittenden.


Scat.


Galusha.


Chittenden.


Seat.


Bennington


1249


198


40


1474


1035


54


Windham


1252


2014


61


1621


2780




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