USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 25
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55
The convention of the New Hampshire Grants assembled, agreably to adjournment at Dorset on Wednesday the 25th of September 1776, and held a session of four days. Capt. Joseph Bowker was again chairman and Dr. Jonas Fay clerk The convention was attended by fifty-six delegates representing thirty-three towns, about one third of which were situated on the east side of the mountain. Various important measures were adopted which looked forward to the forma- tion of the territory into a separate state, and others to the furnishing aid in the general struggle against the common enemy. Referring to the long continued conflict with New York, in regard to their land titles as still subsisting " by which their property and liberties were greatly endangered," it was voted that no directions or laws of that state should be accepted or obeyed. And a covenant or compact was subscribed by all the members, and recommended for signature by their constituents, which after stating by way of preamble the un- warrantable measures that had been taken by the New York government " to deprive them by fraud, violence and oppression of their property and in particular their landed interest, and that they
1 Slade, p. 60. Am. Archives, vol. 1, 5th series, p. 1535, and vol. 3, p. 222. Hall's Eastern Vt., 245-269.
30
234
EARLY HISTORY OF VERMONT.
had reason to expect a continuance of the same kind of disingenuity ;" and considering the great inconvenience of connecting themselves with New York by reason of the distance of its metropolis from their district, concluded as follows, viz :
" We the subscribers, inhabitants of that district of land commonly called and known by the name of the New Hampshire Grants, being legally delegated and authorized to transact the public politi- cal affairs of the aforesaid district for ourselves and constituents, do solemnly covenant and engage that, for the time being, we will strictly and regularly adhere to the several resolves of this or a future convention, constituted on said district by the free voice of the friends to American liberties, which shall not be repugnant to the resolves of the honorable the Continental congress, relative to the cause of America."
It was also unanimously resolved "to take suitable measures, as soon as may be, to declare the New Hampshire Grants a separate district." A committee was appointed " to draw up a petition to send to the honorable Continental congress," to be reported at the next meeting of the convention. Measures were taken to have the association entered into at the previous meeting, to resist by force of arms, the fleets and armies of Great Britain, presented for signa- ture to all the inhabitants of the Grants. In regard to those on the west side of the Green mountain, the town committees were specially directed to "faithfully see to it that the association be forthwith signed by every individual male inhabitant of each town, from six- teen years old and upwards, and that the association thus signed. be returned to Dr. Jonas Fay, clerk of the convention, before its next sitting." If any person refused to sign it, the town committees were to take their names and report the reasons they gave for their re- fusal. It was also resolved that no one should be allowed to act in the choice of committees of safety, but those who had subscribed the association. It was voted to build a jail on the west side of the mountain, " for securing tories," and a committee was appointed to fix upon its location and superintend its construction. It appearing to the convention that one town on the west side of the mountain had not been represented in the convention, and that its inhabitants were principally tories, "the friends of liberty" were directed to choose a committee of safety and conduct their affairs as in other towns, "and if they met with opposition to make application to the committees of the neighboring towns for assistance."
Energetic preparations were made for the common defence against the British forces. A committee of war, consisting of nine members
235
EARLY HISTORY OF VERMONT.
was appointed, who were authorized to issue warrants, or commis- sions in the name of the convention to the several field officers of the militia, and were invested with the general superintendence of the military affairs of the district. The officers of the militia regiments were to continue in their stations, and those of the regiments on the east side of the mountain were allowed to execute the orders they had received from New York, and were then to be under the direc- tion of the convention. The colonels of the several regiments were directed to give special orders to the captains under them to fill up six companies of rangers for frontier defence. The committee of war were directed on sufficient notice from the Continental congress, or from the commander of the armies of the United States, or on any sudden emergeney, to order " the militia to march immediately to such part of the continent as might be required." In case of any negleet to comply with such orders, the officers and men were made subject to heavy fines, of which a seliedule for the several ranks of offieers and men was preseribed, the committee being empowered to issue their warrant in the name of the convention to enforce their collection.
After the transaction of some other business of minor importance, and the appointment of several committees to make known the proceedings of the convention to the inhabitants of the district, and especially to those on the cast side of the Green mountain, that all might have an opportunity to subscribe the association and cove- nant it had adopted, and to unite in its measures, the convention adjourned to meet at the Court House in Westminster on Wednesday the 30th of October then next. 1
It appears to have been contemplated that the separation from the government of New York would be consummated at this convention in October. But when the day of meeting came, the inhabitants of the territory were in great confusion and aların by reason of the defeat and destruction of the American naval force on lake Cham- plain, and the apprehended attaek by Carlton on Ticonderoga, a large portion of the people being in actual service for the defence of that post, as has heretofore been seen. In consequence of this condition of the district, the convention was thinly attended. Capt. Joseph Bowker was again in the chair, but Dr. Fay not being present, Capt. Ira Allen was chosen clerk. On the report
1 For proceedings of this convention see Ms. Records of J. HI. Phelps. Am. Archives, vol. 2, 5th series, p. 526-530. Slade, p. 66. Sterens' Papers, vol. 2, p. 327-336.
- -
236
EARLY HISTORY OF VERMONT.
of a committee it was voted that the subject of petitioning con- gress to be formed into a separate jurisdiction, should be post- poned to a future meeting. It was resolved that a manifesto should be published in the newspapers, stating briefly the reasons why the inhabitants of the New Hampshire Grants did not choose to con- nect themselves with the government of New York; and it was also voted that an answer should be prepared to a pamphlet which had been issued by the provincial congress of New York, bearing date October 2d, 1776, in favor of the jurisdiction of that state over the Grants, which answer should set forth the advantages that would arise to the people of the district, by forming themselves into a separate state, and that it be " printed and communicated to the inhabitants as soon as may be."
The convention appointed a large committee to make known its proceedings to their constituents, and to procure their signatures to the association for the defence of American liberty previously adopted, and then without transacting other important business, adjourned to meet again at the same place on the third Wednesday of the ensuing January.1
A well written manifesto, setting forth the reasons of the New Hampshire grantees for declining to connect themselves with the government of New York, calculated to make a favorable impression on the public mind towards their cause, was soon afterwards pub- lished in the Connecticut Courant, and probably in other papers. It was signed by Ira Allen clerk, and bore the character of an offi- cial act of the convention. A copy of it is preserved in the Ameri- can Archives, volume second of the fifth series at page 1300.
The New York pamphlet above referred to was the report of a committee of the New York convention upon the letter of the Cun- berland county committee of the 21st of June preceding, which had claimed and reserved to the people of the county a right to withdraw from the New York jurisdiction, in case they should not approve the form of government they were preparing for that state. The report had been approved by the New York convention and entered on the journal of October 4, 1776, and is found in the American Archives, volume three at page 222. An elaborate answer to this pamphlet was prepared by Ira Allen, embodying the causes, which in the opinion of the writer, justified the withdrawal of the people of the district from the New York government, and also the advan- tages which would accrue to them by the formation of a separate
1 For the proceedings of this convention see Records of J. HI. Phelps.
.
237
EARLY HISTORY OF VERMONT.
state. It appears not to have been published until the ensuing spring. It was entitled, Miscellaneous Remarks on the Proceedings of the State of New York against the State of Vermont ; was printed in pamphlet form at Hartford "by Hannah Watson near the great bridge, A.D. 1777," and was extensively circulated. There is a manuscript copy of it in the Stevens Papers, in the office of the secretary of state, at Montpelier. A printed copy of it has not been found.
238
EARLY HISTORY OF VERMONT.
CHAPTER XXII.
MEASURES FOR ORGANIZING A SEPARATE STATE GOVERNMENT. 1777.
Convention of the New Hampshire Grants at Westminster, Jan. 1777, declare the district a separate state - Proceedings of New York against a new state - The declaration and petition of the New Hampshire Grants, stating the grounds of their claim to independence presented to Congress- Letter of Dr. Thomas Young to the inhabitants of Vermont a free and independent state - Vermont convention at Windsor, of June 4, 1777, and its proceedings. The New York constitution strengthens the friends of the new state - Resolutions of congress of June 30, censuring Dr. Young's letter and disclaiming any participation in the movement of the Vermonters for independence - Debate in Congress on the resolutions - The conduct of Vermont defended by Roger Sherman -The resolutions to be circulated in Vermont by order of the New York council of Safety, and the action of Gouverneur Morris in relation thereto.
"THE year 1777 occupies an important place in the history of the New Hampshire Grants. It witnessed a declaration by the inhabitants of their independence and the formation of a state constitution. It was also a period of great peril and suffering, from the invasion of a powerful and cruel enemy, and of commendable energy and valor on the part of the people in effecting his defeat and capture.
The convention of the New Hampshire Grants met agreeably to adjournment at the Court House in Westminster on the 15th of January, 1777, and was in session three days, Capt. Joseph Bowker in the chair, Ira Allen clerk, and Reuben Jones assistant clerk. On Thusday, the second day of the session, a committee was appointed to examine the votes that had been taken among the inhabitants, on the question of separating from the New York government, which committee reported as follows, viz : "We find by examination that three-fourths of the people in Cumberland and Gloucester counties that have acted are for a new state, the rest we regard as neuters." This being understood to be the state of feeling on the east side of the Green mountain, and it being well known that the people on the west side were nearly or quite all for a new jurisdiction, the conven- tion unanimously voted for a separate and independent state. On the morning of Friday the 17th, a committee which had been pre- viously appointed made their report of a form for a public declaration to that effect. The report began by stating that, " whenever pro-
239
EARLY HISTORY OF VERMONT.
tection was withheld by a government no allegiance was due, or could of right be demanded;" that the lives and properties of the inhabit- ants of the New Hampshire Grants had been manifestly aimed at, for many years past, by the monopolizing land traders of New York and by the legislative and executive authorities of that colony and state, of the truth of which many overt acts were so fresh in the minds of the members as to render it needless to name them. The report then referred to the resolution of congress of May 15, 1776, which had recommended to the respective assemblies and conven- tions of the United Colonies, " where no government sufficient for the exigencies of their affairs" existed, to form such government, and stating that such new government was necessary "to enable them to secure their rights against the usurpations of Great Britain and also against those of New York and the several other govern- ments claiming jurisdiction of their territory," and offered for the consideration of the convention the following declaration :
" This convention, whose members are duly chosen by the free voice of the inhabitants in the several towns on the New Hampshire Grants, in public meeting assembled, in our own names and in behalf of our constituents, do hereby proclaim and publicly declare, that the district of territory comprehending and usually known by the name and description of the New Hampshire Grants, of right ought to be, and is hereby declared forever hereafter to be considered as a separate, free and independent jurisdiction or state, by the name, and forever hereafter to be called, known and distinguished by the name of New Connecticut,' and that the inhabitants that are at present or may hereafter become resident within said territory shall be entitled to the same privileges, immunities and enfranchisements, which are, or that may at any time hereafter be allowed to the inhabitants of any of the free and independent states of America ; and that such privileges and immunities shall be regulated in a bill of rights and by a form of government to be established at the next adjourned session of this convention."
This declaration being unanimously adopted, it was voted that it should be published in the newspapers, and a committee of three was appointed to prepare it for the press. At the convention at Dorset the preceding September, Dr. Jonas Fay, Col. William Marsh and Dr. Reuben Jones had been appointed " a committee to draw a petition to send to the honorable Continental congress," to be reported to a committee to examine the same; and Nathan Clark,
1 In reference to the name given to the state in this declaration, see Appendix No. 9.
240
EARLY HISTORY OF VERMONT.
Esq., Col. Seth Warner and Capt. Heman Allen had been selected to make the examination. At the present convention, Dr. Jonas Fay, Col. Thomas Chittenden, Dr. Reuben Jones, Col. Jacob Bayley and Capt. Heman Allen were appointed delegates to present the petition to congress. An addition of several members was made to the committee of war. It was recommended to cach town in Cum- berland and Gloucester counties to choose new committees of safety, where the towns were dissatisfied with the committees, the commit- tees in other towns to remain for the time being. A letter was prepared and signed by the chairman of the convention, addressed to John Sessions and Simon Stevens who had been acting as dele- gates in the New York convention, informing them of the declara- tion which had been made for a separate state, and requesting them to withdraw at once from the New York convention, and not to appear again in the character of representatives for that county, adding that they " were not chosen by a majority of the people at large."
The convention was then adjourned to meet at the meeting house in Windsor, on the first Wednesday of June then next.1
While the inhabitants of the New Hampshire Grants were pre- paring to form themselves into a separate state, as related in the preceding chapter, their proceedings had not been unnoticed by the men who administered the New York government.
On the 20th of January, 1777, a committee of the New York con- vention, to whom the subject had been referred, made a report which was taken into consideration and adopted by that body. It charged the disaffection towards the New York government, principally " to the arts and misrepresentations of certain inhabitants of the county of Charlotte, distinguishing themselves by the name of Green Moun- tain Boys," who, it was alleged, " made sundry unjust and iniquitous pretensions, anciently set up by the states of Massachusetts and New Hampshire against certain large tracts of land within the known bounds of New York," claiming the lands under grants of those states, and denying the title under New York. It alleged that countenance and encouragement was given to the disaffected by false representations that persons of considerable influence and authority in the neighboring states were favorable to them, and that it was the intention of the Continental congress to aid and assist them in obtaining their independence. It charged that these false statements had "received great weight and authority from the
1 Ms. Records of J. II. Phelps. Slade, p. 68.
241
EARLY HISTORY OF VERMONT.
appointment of Seth Warner to be colonel of a regiment to be raised in that part of the state, and to appoint his own officers independent of the state of New York, and utterly contrary to the usual mode of appointment in such cases," the said Warner being well known to have been "principally concerned in divers riots, outrages and cruelties committed in direct opposition to the former government."
The report concluded with a resolution, declaring that " a pressing application should be immediately made to the Continental congress to interpose their authority, and recommend to the insurgents a peaceable submission to the jurisdiction of that state, and also to disband the said regiment directed to be raised by Mr. Warner."
It may be remarked that if any evidence were wanting to justify the inhabitants of the New Hampshire Grants in regarding the new rulers of New York as equally hostile with the old to their land titles, this report conclusively furnishes it. It styles their claims under New Hampshire " unjust and iniquitous," and their complaints against the late government, as founded only on "frivo- lous pretenses."
A letter from the president of the convention addressed to the president of congress was prepared, embodying the substance of the foregoing report, to accompany the resolution. It bore date the 20th of January, but it does not appear to have been sent for several weeks afterwards. The delay was probably occasioned by the absence from the Continental congress, of Mr. Duane, who was prin- cipally relied upon to present the matter to that body in a favorable light, and who was also a member of the convention. On the first of March, another letter to the president of congress, to enclose the foregoing resolution and letter, was reported to the convention, by Mr. Duane, and adopted. When it was actually forwarded, does not appear. On the 20th of March, the convention by resolution, directed their three delegates then in congress, to come to the · convention, and explain certain recent acts of congress, and ordered Mr. Duane and Mr. Philip Livingston, together with Wm. Duer, a newly appointed delegate, to repair immediately to Philadelphia, to attend to the affairs of the state in congress. Mr. Duer presented his credentials on the 7th of April, when the before mentioned resolution and letters were laid before that body, and after being read, were ordered to lie on the table.
The next day the petition in behalf of the New Hampshire Grants, signed by Jonas Fay, Thomas Chittenden, Heman Allen, and Reuben Jones, was presented to Congress. It bore date Jan. 15, 1777, and was entitled "the declaration and petition of that
31
242
EARLY HISTORY OF VERMONT.
part of North America, situate south of Canada line, west of Con- necticut river, north of the Massachusetts Bay and east of a twenty mile line from Hudson's river." It set forth, in clear and direct language, the principal grounds on which the inhabitants of that territory claimed the right to separate from New York and form an independent government. It stated the original granting and settle -- ment of the territory under New Hampshire, the order of the king transferring the jurisdiction to New York, the regranting of the lands by the governors of that province to New York land jobbers ; the application of the settlers to the crown for relief, against the New York claimants ; the order of the king forbidding further grants and its constant violation by the New York governors ; the decisions of the New York courts against the validity of the New Hampshire title, the attempts of the New York officers to enter upon the farms of the settlers by force, " reducing the petitioners to the disagreeable necessity of taking up arms as the only means left for the security of their possessions ;" the indictment of the petitioners as rioters and the passage of acts of outlawry by the New York assembly offering rewards for their apprehension and on their neglect to sur- render themselves subjecting them to the punishment of death without trial, and the declaration of the New York convention that all quitrents formerly due to the crown were now due to the conven- tion and the future government of the state. It declared that "by a submission to the claims of New York, the petitioners would be subjected to the payment of two shillings and six pence sterling on every hundred acres annually, which compared with the quitrents of Livingston's, Phillips's and Van Rensselaer's Manors, and many other enormous tracts in the best situations in the state, would lay the most disproportionate share of the public expense on the peti- tioners, in all respects the least able to bear it ; " and that " the con- vention of New York had now nearly completed a code of laws for the future government of the state, which should they be attempted . to be put in execution would subject the petitioners to the fatal necessity of opposing them by every means in their power."
The petition then stated that the inhabitants of the district fully represented in convention, had at Westminster in said district made and published a declaration "that they would at all times thereafter consider themselves as a free and independent state, capable of regu- lating their internal police, in all and every respect whatsoever ; and that the people in said described district had the sole right of governing themselves in such manner and form, as they, in their wisdom, should choose ; not repugnant to any resolve of the honorable the Continental congress. And that for the mutual support of caclı
243
EARLY HISTORY OF VERMONT.
other in the maintenance of the freedom and independence of said district as a separate state, the said delegates did jointly and severally pledge themselves to each other, by all the ties that were held sacred among men;" and that they further resolved and declared "that they were at all times ready, in conjunction with their brethren of the United States, to contribute their full proportion towards maintain- ing the present just war against the fleets and armies of Great Britain."
The petition concluded by praying that the district before described " might be ranked among the free and independent American states, and delegates therefrom admitted to seats in the grand continental congress.'
There was evidently a strong disinclination in a majority of congress to take up the subject. Whatever might be the individual opinions of the members in regard to the merits of the application for a new state, there was a general unwillingness to incur the displeasure of the important government of New York, by receiving it with favor, while, on the other hand, it might be no less hazardous to risk the enmity of the petitioners by rejecting it.
There being no prospect of the speedy action of congress on the petition of the New Hampshire Grants, the commissioners who had been appointed to present it returned home, taking with them a printed letter signed by Dr. Thomas Young a distinguished citizen of Philadelphia, bearing date April 11th, and addressed "to the inhabitants of Vermont a free and independent state, bounding on the river Connecticut and lake Champlain." Annexed to the letter was a printed copy, certified by the secretary of congress, of the resolution of that body of the 15th of May 1776, recommending the formation of governments where none were established sufficient for the exigency of their affairs. Among other things in the letter the writer says, " I have taken the minds of several leading members in the honorable the Continential congress, and can assure you that you have nothing to do but send copies of the recommendation to take up government to every township in your district, and invite all your free- holders and inhabitants to meet in their respective townships and choose members for a general convention, to meet at an early day, to choose delegates for the general congress, a committee of safety, and to form a constitution for your state.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.