USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 24
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1 Am. Arch., vol. 4, pp. 588. William's Vt., vol. 2, p. 447. Chip- man's Life of Warner, 39-43. Sparks's Wash., vol. 3, 250 - 1. Sparks's Rec. Cor., vol. 1, 531 -5. Am. Arch., vol. 2, pp. 1146, 1223, 1300 - vol. 3, 288- 299-623. Gordon. Thompson. Bancroft.
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conventions. There was no power, and consequently there could be no serious attempt of the New York land claimants to enforce their claims. Criminal prosecutions against the settlers were also at an end. It was hoped that the new government, when it should as- sume a regular and permanent form, would repudiate the unjust policy of the old in regard to their land titles, and indications were sought for that such would be the disposition of its leaders. But no such indications were given. On the contrary, it gradually became apparent that the old land claiming interest was predomi- nent in the New York convention, and also in the New York dele- gation to the Continental congress. In both these bodies Mr. Duane, the old antagonist of the settlers, was a leading member, and asso- ciated with him were the Livingstons and other aristocratio land holders and claimants, who had long been known as advocates of the New York patents. It was evident that these men possessed a con- trolling influence over the affairs of the colony, and that no relaxa- tion of former efforts to overthrow the New Hampshire titles was to be expected from them. If the inhabitants of the New Hamp- shire Grants should submit to have the titles to their farms determined against them by the courts of the new government of New York, as they did not doubt would be the case, if trials should be had before them, and there should be no appeal from the decisions, they would seem to be placed in a worse condition than if they had remained under the crown. The king had repeatedly recognized the equity of their claims, and had denounced the con- duct of their opponents as oppressive and unjust ; and towards him they had been accustomed to look with some degree of hope for relief. From the land claiming rulers of New York it seemed vain to expect any. In this troubled aspect of their affairs it was judged prudent to ascertain, as far as possible, the feeling with which their cause was likely to be regarded by the Continental congress, and for this purpose, and to obtain the counsel and advice, in regard to their future action, of such members as should be thought friendly to them, some of their leading men, in the fall of 1775, made a visit to Philadelphia. The counsel obtained seems to have been favora- ble to the continuance of the separate organization by committees and conventions, which they had already formed and which for years had existed among them.
Soon after the return of these gentlemen a notice for a general convention, to be held on the first Wednesday of January, 1776, appears to have been extensively circulated, but in consequence of the absence of Col. Warner and some others whose presence was
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deemed necessary, the day of the meeting was postponed. A new warrant for the convention was accordingly issued, bearing date at Arlington, the 20th of December, 1775, and signed "by order of Moses Robinson, Samuel Robinson, Seth Warner, Jeremiah Clark, Martin Powell, Daniel Smith, Jonathan Willard, committee." It notified and warned " the inhabitants on the New Hampshire Grants west of the range of Green mountains, to mect together by their delegates from each town, at the house of Cephas Kent, in Dorset, on the 16th day of January next at 9 o'clock in the morning, then and there to act on the following articles, viz :"
1 and 2. To choose a chairman and clerk.
.
"3d. To see if the law of New York shall have free circulation where it doth infringe on our properties, or title of lands, or riots (so called), in defense of the same.
4th. To see if the said convention will come into some proper regulations, or take some method to suppress all scismatic mobs that have or may arise on the Grants.
5th. To see if they will choose an agent or agents to send to the Continental congress.
6th. To see whether the convention will consent to associate with New York or by themselves in the cause of America."
At the time and place appointed delegates from the towns of Pownal, Bennington, Shaftsbury, Arlington, Sunderland, Manchester, Dorset, Danby, Tinmouth, Clarendon, Rutland, Pittsford, Rupert, Pawlet, Wells, Poultney, Castleton, and Neshobe, now Brandon, assembled and were organized by the appointment of " Capt. Joseph Woodward, chairman, Dr. Jonas Fay, clerk, and Col. Moses Robin- son, Samuel McCoon, and Oliver Everts, assistant clerks."
A committee of nine members, was appointed "to report their opinion to the convention, relative to the third article in the warrant "-that is how far the people should submit to the exe- cution of the laws of New York. The convention then adjourned to 3 o'clock in the afternoon.
On reassembling, it was at first voted to make an addition of four persons to the foregoing committee, but it was afterwards resolved to reconsider the two votes relating to the appointment of the com- mittee, and in the language of the journal, " to discourse the matter for which they were appointed, in public meeting." After debate it was voted "to represent the particular case of the inhabitants of the New Hampshire Grants to the honorable Continental congress by remonstrance and petition." Dr. Jonas Fay, Col. William
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Marsh and Mr. Thomas Rowley, were appointed to prepare the petition.
The committee reported their draught of a petition in the evening, and the convention adjourned to the next morning, when the peti- tion being a second time read was unanimously adopted, and Lieut. James Breakenridge, Capt. Heman Allen and Dr. Jonas Fay, were appointed to present the petition to congress. It was then voted that Simeon Hathaway, Elijah Dewey and James Breakenridge, be a committee with power "to warn a general meeting of the com- mittees on the Grants when they shall judge necessary from southern intelligence," and that Col. John Strong, Zadock Everest and Asahel Ward be a committee, with like power to warn a meeting " when they should judge necessary from northern intelligence." The several committees of correspondence which had been appointed by previous conventions, were directed " to continue their duty as usual."
The memorial to congress which was adopted by the convention was entitled :
" The humble petition, address and remonstrance of that part of America being situated south of Canada line, west of Connecticut river, north of Massachusetts Bay and east of a twenty mile line from Hudson's river ; commonly called and known by the name of the New Hampshire Grants."
It stated in substance, that the territory they inhabited was, at the close of the then war with France, " decmed and reputed to be in the province of New Hampshire;" that the governor of that province granted a large number of townships, of six miles square each, to the petitioners and those under whom they claim ; that "a great number of the petitioners, who were men of considerable sub- stance, disposed of their interest in their native places, and with their numerous families, proceeded, many of them two hundred miles, encountering many dangers, fatigues, and great hardships, to inhabit a desolate wilderness, which is now become a well settled frontier to three governments ; " that the monopolizing land traders of New York " being well apprised of these facts, had, by false repre- sentations as the petitioners believed, procured in 1764 an order of the king in council annexing the territory to New York ; that there . upon the land traders obtained patents from the government of that province of much of the same land which had been previously granted by New Hampshire, and threatened to turn the New Hamp- shire occupants out of possession ; that on the representation of the matter to the king, he on the 24th of July 1767, made a perempt- ory order in council, forbidding the governor of New York, "on
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pain of his majesty's highest displeasure " from making any further grants of such lands : that, notwithstanding this order, the several successive governors of the province continued to make grants to the New York land jobbers of the prohibited lands ; that upon further representation, made at great expense by the petitioners to the crown, the board of trade had made a report in their favor ; that the courts of New York had declared the titles of the petition- ers to be invalid, and that they had been compelled for a number of years past, to defend by force their possessions from the grasp of their adversaries.
The petitioners further stated that they were "entirely willing to do all in their power in the general cause of the colonies, under the Continental congress, and had been, ever since the taking of Ticon- deroga, in which the petitioners were principally active under Col. Ethan Allen, but were not willing to put themselves under the honorable, the Provincial congress of New York, in such manner as might, in future, be detrimental to their private property," which they apprehended would be the case, if they should consent to sub- scribe the associations and oaths required of those who serve under that congress. As further evidence of their willingness to aid in the common cause, the petitioners said : "We are called on this moment by the committee of safety of the county of Albany, to suppress a dangerous insurrection in Tryon county. Upwards of ninety soldiers were on their march, within twelve hours after receiving the news, all inhabitants of one town, inhabited by your petitioners, and all furnished with arms, ammunition, accoutrements and provisions. Again we are alarmed by an express from Gen. Wooster commanding at Montreal, with the disagreeable news of the unfortunate attack on Quebec, requiring our immediate assistance by troops ; in consequence of which, a considerable number imme- diately marched for Quebec, and more are daily following their example." 1
' The exertions of the petitioners on the requisition of Gen. Wooster have already been stated. The application of the committee of Albany was in consequence of an express from Tryon county, giving information that Sir John Johnson, with five hundred tories and a body of Indians, had assembled on the Mohawk with hostile intentions, upon which the militia of the neighborhood were rallied, and calls immediately sent to Berkshire county and the Grants for aid. The ninety men mentioned in the petition were from Bennington, and they joined Gen. Schuyler at Albany, who marched from that place on the 16th for Johnstown. Gen. Schuyler entered into a treaty with Sir John by which, after the arms of his followers had been surrendered, he was allowed to remain at his castle on his parole of honor,
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The petition concluded by praying congress to allow the petition- ers "to do duty in the Continental service as inhabitants of the New Hampshire Grants, and not as inhabitants of the province of New York, or subject to the limitations, restrictions, or regulations of the militia of that province."
The petition being signed by Joseph Woodward as chairman, and Jonas Fay as secretary, was committed to Heman Allen, one of the committee appointed for that purpose, by whom, on the 8th of May, it was caused to be presented to congress. The petition being read, was referred to a committee consisting of Mr. Rodney of Delaware, Mr. Harrison of Virginia, Mr. Hewes of North Carolina, Mr. Lynch of South Carolina, and Mr. Alexander of Maryland, all being from the southern colonies. After hearing Mr. Allen, the committee, on the 30th of May, reported a resolution as follows, viz. :
" Resolved, that it is the opinion of this committee, that it be recommended to the petitioners, for the present, to submit to the government of New York, and contribute their assistance, with their countrymen in the contest between Great Britain and the United Colonies ; but that such submission ought not to prejudice the rights of them or others to the lands in controversy, or any part of them ; nor be construed to affirm or admit the jurisdiction of New York in and over that country ; and when the present troubles are at an end, the final determination of their right may be mutually referred to proper judges."
Although this resolution appeared to recognize the claim of the petitioners as worthy of serious consideration, yet it was apparent that it would furnish them no protection whatever against the New York patents, and before it was acted upon by congress, Mr. Allen, on the 4th of June, was permitted to withdraw the petition, " he representing," as stated in the journal, "that he had left at home some papers and vouchers necessary to support the allegations therein contained." 1
which, however, he violated, and after the recapture of Montreal by the British army, fled to that place. Am. Archives, vol. 4, fourth series pp. 682-3, and 818-829. Stone's Life of Brant, pp. 119-147.
1 Williams's Hist. Vermont, vol. 2, p. 164. Ms. copy of proceedings of Dorset convention, in the possession of Hon. James H. Phelps, of West Townshend. Slude, 61-65. Jour. N. Y. Cong., vol. 1, pp. 337, 360, 364.
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CHAPTER XXI.
MEASURES FOR THE FORMATION OF A NEW STATE.
1776.
Convention at Dorset, July 24th, to consider the report of their agent to Congress-and its adjourned meeting at Dorset, looking towards the formation of a separate state - Unfriendly action of Cumberland county towards New York and the action of the assembly thereon - Adjourned Convention of October 30th, and its publications and those of New York on the controversy.
( N the return of Mr. Allen from Philadelphia, another conven-
tion was called to hear his report of the proceedings of congress on the petition which he had presented in behalf of the inhabitants of the New Hampshire Grants. The meeting of the convention was notified by warrant signed by James Breakenridge, Simeon Hatha- way and Elijah Dewey, the committee appointed at the previous convention "to act upon southern intelligence." It was to be held at " the house of Cephas Kent, innholder in Dorset on Wednesday the 24th of July, 1776."
The objects of the meeting, besides that of hearing the report of their agent, were to consider and determine upon what measures should be adopted in regard to New York, and for the defence of the district against the common enemy.
At the time and place appointed, thirty-one towns on the west side of the Green mountain, and one on the east side, were repre- sented by fifty-one delegates. Capt. Joseph Bowker of Rutland, was chosen chairman, and Jonas Fay of Bennington, clerk. The petition of the former convention, which had been presented to congress by Heman Allen, was read, and Mr. Allen gave an account of the proceedings of congress thereon. In addition to what has been before stated, from the journals of that body, Mr. Allen re- ported that the motion to withdraw the petition was made in order that the delegates from New York should not have it in their power to bring the matter to a final decision, at a time when the conven- tion of the grants had no proper delegates in the house, the evidence not being at hand at that time.
He further reported that "he had many private conferences with sundry members of congress and other gentlemen of distinction
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relating to the particular circumstances and situation of the New Hampshire Grants, who did severally and earnestly recommend that the inhabitants of said Grants exert themselves to their utmost abilities to repel by force the hostile invasions of the British fleets and armies against the colonies of America, and that said inhabitants do not by any way or means whatsoever connect or associate with the honorable Provincial congress of New York, or any authority derived from, by or under them, directly or indirectly ; but that the said inhabitants do forthwith consult upon suitable measures to associate and unite the whole of the inhabitants of said Grants together."
The convention was in session two days and their proceedings appear to have been conducted with care and deliberation. The question in regard to their future political relations engrossed the principal attention of the members. A proposal to unite the district with New Hampshire was discussed, but met with little favor. A proposition to make application to the inhabitants of " the Grants" to form the whole "into a separate district," was adopted with but one dissenting vote, and a committee was appointed to treat with the inhabitants "on the east side of the range of the Green mountains relative to their association with this convention." A resolution was adopted earnestly recommending the several field officers already nominated in the district "to see that their men be forthwith furnished with suitable arms, ammunition and accoutre- ments, etc., agrecably to a resolve of the Continental congress."1
On the second day of the session the subject of a written associa- tion to be subscribed by the members of the convention was considered. As a means of manifesting the sentiments of the people, and of strengthening the cause of the colonies, voluntary associations had been entered into by the members of public bodies in the several colonies, and recommended to be also subscribed by their constituents, by which they engaged to resist by force of arms the fleets and armies of Great Britain. In the month of March, 1776, the form of such an association had been adopted and recom- mended by the committee of safety of New York, to be subscribed
1 No record of the committees forming these regiments has been found, though it was doubtless under their direction that they had been organized. From the letter of Col. Warner to Gen. Gates, of the 20th of the following October, referred to in a previous page, it appears that there were three militia regiments on the west side of the Green mountain, of which James Mead of Rutland, Gideon Brownson of Sunderland and Moses Robinson of Bennington were the colonels. Am. Archives, vol. 2, p. 1146 and vol. 3, p. 623, 5th series.
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by the people of that colony. The inhabitants of the New Hamp- shire Grants, though they had always shown their readiness to exert themselves to the utmost in the common cause of the country, had generally declined to subscribe the New York association. One was now adopted by the convention, in which the reason for their former neglect was set forth. It was in the following words :
" This convention being fully sensible that it is the will and pleasure of the honorable the Continental congress that every honest friend to the liberties of America in the several United States thereof should subscribe an association, binding themselves as members of some body or community to stand in defence of those liberties ; and whereas it has been the usual custom for individuals to associate with the colony or state which they are reputed to be members of. Yet nevertheless, the long and spirited conflict which has for many years subsisted between the colony or state of New York and the inhabitants of that district of land, commonly called and known by the name of the New Hampshire Grants, relative to the title of the land in said district, renders it inconvenient in many respects to associate with that province or state, which has hitherto been the sole reason of our not subscribing an association before this.
" The better therefore to convince the public of our readiness to join in the common defence of the aforesaid liberties, we do publish and subscribe the following association, viz :
" We, the subscribers, inhabitants of the district of land, com- monly called and known by the name of the New Hampshire Grants, do voluntarily and solemnly engage under all the ties held sacred amongst mankind, at the risk of our lives and fortunes, to defend by arms the United American States against the hostile attempts of the British fleets and armies, until the present unhappy controversy between the two countries shall be settled."
This association was subscribed by forty-nine of the fifty members of the convention, one member, Thomas Brayton, of Clarendon, who afterwards became an active tory, declining to sign it.
The convention by resolution recommended that the association should be subscribed by all the friends of America in the district. and declared that any persons within that district who should subscribe and return any other association than the above to the committees of safety for either of the counties in the province of New York, should " be deemed enemies to the common cause of the New Hampshire Grants "
A committee of appeals consisting of nine persons was chosen with power to hear and determine all matters that should be brought
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before them in writing, " by way of proper appeal from the judg- ment of either of the committees of safety of said Grants, any five of the committee to be a quorum."
The convention then adjourned to meet at the same place on Wednesday the 25th of Sept. following.1
It has already been seen that the efforts of the colonial govern- ment of New York to maintain its jurisdiction over the inhabit- ants of the New Hampshire Grants, represented in this convention, had been unsuccessful, and that they had for several years been practically independent of its authority. Their present proceedings made the important declaration and announcement that the managers of the new government of New York, occupied the same position towards the New Hampshire settlers as the old, and were to be equally distrusted and opposed, and that the surest, if not the only way of preserving their property from the grasp of their old adver- saries, was to organize for themselves a separate and permanent government.
The people on the east side of the Green mountain though sympa- thizing with their brethren on the west, had partially submitted to the colonial authority. On the 11th of April, 1775, soon after the Westminister massacre, a convention of the committes of the several towns had resolved, as has been already stated, to renounce and resist the administration of the government of New York " till such time as the lives and property of the inhabitants should be secured by it." No courts had since been held in either of the counties of Cumberland or Gloucester, and the authority of New York in insti- tuting legal proceedings, had not been acknowledged. Attempts had been made by committees from portions of the towns in both counties to nominate officers for organizing a militia under New York authority, but they had met with much opposition, and were only partially successful. On the receipt of circulars from the New York congress inviting the inhabitants to send representatives to that body, meetings of the committees from several towns in Cumberland county, had been held at which delegates were named, who had attended the congress. But these proceedings were not satisfactory to many, and it is doubtful whether they were in accord- ance with the feelings of the mass of the people.
In consequence of a hand bill from the New York provincial congress, recommending to the inhabitants of Cumberland county " to
1 For the proceedings of this (July) convention sec Ms. Records of J. II. Phelps, also Am. Arch., vol. 1, 5th series, p. 565. Conn. Courant of Feb. 17, 1737. And Stevens' Papers, vol, 2, p. 301 and 327.
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choose delegates and invest them with power to establish a form of government," the committees of twenty towns met at Westminster on the 21st of June 1776, a month prior to the Dorset convention before referred to, and elected three delegates. Written instructions were given them to use their influence to establish a government "on the principle that all civil power, under God, is originally in the people," and pointing out several important requisites of democratic character which should be provided for in the new government. A letter was then prepared to the New York congress informing that body that " a major part of the people were in favor of instituting civil govern- ment according to the exigences of the county," and had elected delegates in conformity to their recommendation, but that the power of their delegates was so limited and restrained that if they broke over their instructions their constituents reserved to themselves full liberty to disavow any and every part of their doings, and also full liberty if they should thereafter deem it expedient, to unite themselves with " that ever respectable and most patriotic government of the Massa- chusetts Bay province." This communication being signed by the chairman and attested by the clerk was, together with the instructions committed to the delegates and by them laid before the New York convention. 1
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