USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 26
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" Your friends here tell me, that some are in doubt, whether delegates from your district would be admitted into congress. I tell you to organize fairly, and make the experiment, and I will insure you
1 Jour. N. Y. Convention, January 20 and March 29. Doc. Hist. N. Y., vol. 4, p. 925, 928, 932. Journal of Congress, April 7-8. Slade, 70. Stevens Pupers, vol. 3, p. 57,59, 107, 109. Ira Allen's History, 78-85.
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success at the risk of my reputation, as a man of honor and common sense. Indeed, they can by no means refuse you. You have as good a right to choose how you will be governed, and by whom, as they had." (See Appendix No. $).
Soon after the commissioners reached home, the pamphlet which had been prepared by Ira Allen in obedience to the resolution of the October convention before mentioned, in favor of the right of the people, to form a new government, was printed, and together with the letter of Dr. Young, was, to use the language of Mr. Allen, " spread through the state," and they doubtless exerted much influ- ence in fixing the minds of the people on the subject.
In the Connecticut Courant of the 14th of April, an official notice of the adjournment of the January convention, to the first Wednes- day of the following June, to meet at the Meeting House in Wind- sor, was published. It was signed by Ira Allen as clerk, and stated that it was the ardent wish of the former convention, that each town in the district, should send a delegate or delegates, and that delegates should be chosen in the towns where none had already been elected. In a note, non-residents who might desire it were invited to attend and witness the proceedings.
The convention assembled on Wednesday, the 4th day of June, and was very fully attended, fifty townships, nearly all in the terri- tory in which settleinents had been made, being represented by seventy-two delegates. Twenty-three of the towns represented, were situated on the west side of the Green mountain, and twenty-seven on the east side. Capt. Joseph Bowker, chairman, Dr. Jonas Fay, secretary, and Lieut. Martin Powell, assistant secretary.
This convention was in session three days, but the journal of its proceedings has not been found. We learn from Ira Allen's History of Vermont, that the convention "appointed a committee to make a draft of a constitution and passed a resolution, recommending to each town to elect and send representatives to the convention to meet at Windsor, in July following ; that William Marsh, James Mead, Ira Allen and Capt. Salisbury, were appointed a committee to wait on the commander at Ticonderoga and consult with him respecting the regulations and defence of the frontiers, and that the convention then adjourned to the 4th day of July, 1777, to meet at the same place." 1
It will be recollected that at the convention in January it had been voted to publish in the newspapers their declaration for form-
1 Allen has the date wrong. The adjournment was to the first Wednes- day, which was the 2d of July.
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ing a new state, and that a committee had been appointed to revise it for publication. The revised declaration was inserted in the Connecticut Courant of March 17, 1777. The committee of revision had taken considerable liberty with the language of the original, in some respects improving it, but had strangely omitted to state any reason whatever to justify their separation from the New York government. Principally in consequence of this omission it was deemed necessary and proper for this convention to publish a further declaration. This declaration was dated " In General Convention, Windsor, June 4, 1777," and was officially signed by Jonas Fay, secretary.
It recited the fact that the convention, at its session in the pre- ceding January, had declared the New Hampshire Grants to be a separate and independant state " by the name of New Connecticut," and stated that " by mere accident or through mistake," the decla- ration alone of that convention had been published in the Connecticut Courant " without assigning the reasons which impelled the inhabit- ants to such separation; " that this convention had been informed that a district of land lying on the Susquehannah river had already been called by the name of New Connecticut, and had in conse- quence thereof unanimously resolved that the district described in the said declaration should "ever hereafter be called and known by the name of Vermont." The names, with their official titles, of the seventy-two delegates in attendance upon the convention were then given, with the statement that seventy-one of them had answered to their names, and " did renew their pledges to each other by all the ties held sacred among men," to abide by and maintain said declara- tion, and " in conjunction with their brethren in the United States, to contribute their full proportion towards maintaining the present just war against the fleets and armies of Great Britain." This explanatory document concluded with a detailed assignment of the reasons which had impelled them to a separation from the govern- ment of New York, and to the establishment of a new and independ- ent jurisdiction. These reasons were the same in substance with those which had been assigned in the original declaration made at Westminster in January, and more fully stated in the declaration and petition in behalf of that convention which had been presented to the Continental congress, of which accounts have already been given. This further declaration was published in the Connecticut Courant of June 30, 1777.
Another act of this convention of which a knowledge has been obtained, and perhaps its last, previous to its adjournment, was the
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appointment of Wednesday the 18th of the then month of June " to be observed as a day of public fasting and prayer throughout the state," for which a proclamation signed by Joseph Bowker, chairman, and Jonas Fay, secretary, was issued, bearing date in general convention at Windsor, in the state of Vermont, the 7th day of June, A.D. 1777. It was the first proclamation for a fast that was ever issued in Vermont, and is believed to have been very generally and appropriately observed.1
On the 8th of May, 1777, the convention of New York had adopted a constitution for the future government of the state which was promulgated in Vermont about the time of the sitting of the June convention at Windsor. Its provisions in connection with an ordinance which accompanied it, increased the dissatisfaction of the people with New York, and greatly strengthened the friends of the new state. The constitution affirmed the validity of all the grants made by the governors of the province during the colonial period, thereby annulling all the grants which had been previously made by New Hampshire, to the certain ruin of a large portion of the inha- bitants, if they remained under the jurisdiction of New York; and it left the titles of the residue in uncertainty and doubt. It moreover recognized the hateful annual quit-rent as a permanent source of revenue for the support of the state government. This was con- sidered highly unjust, inasmuch as a great portion of the most productive land in the state, which had been granted in large tracts, with but the nominal rent of one or two raccoon or beaver skins or a few shillings in money for several hundred thousand acres, would in effect be exempt from the tax. Probably nine-tenths of the inhabitants of Vermont were emigrants from Massachusetts, Con- necticut and Rhode Island, where no such government incumbrance had ever been imposed upon lands, and though they had accepted
1 Slade, p. 76. Doc. Hist. N. Y. vol. 4, p. 934. Ira Allen's Hist., pp. 85-92. Ira Allen's account against the state in Thompson's Vermont, p. 107. List of members of the June convention in papers of J. H. Phelps. For copies of the revised declarations of January, and of the explanatory declaration of June, see Connecticut Courant, and Address of J. D. Butler before the Vermont Historical Society in 1846, pp. 29-33. A copy of the proclamation for a fast is found in Ms. in vol. 38, p. 54 of Miscellaneous Papers in the office of the secretary of state at Albany, and is printed in the Vermont Record, published at Brandon July 17, 1863. See also Rev. Mr. Hutchinson's Sermon before the Windsor convention of July 2, 1777, p. 37.
In regard to the name of Vermont, and for a notice of Dr. Thomas Young, see Appendix No. 9.
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titles under New Hampshire with such rent reserved, yet it had always been looked upon as a badge of servitude, and it became still more objectionable when increased three-fold by the New York government.
The complaints of the people east of the Green mountain in relation to this exaction are stated, probably in softened language, in a report made about this time, by a committee of the New York con- vention who had been appointed to inquire into their alleged grievances. The committee, after naming the objections of the people to the New York jurisdiction, arising from the defects and uncertainty of their land titles and their distance from the seat of government, used the following language :
" The fourth general inconvenience which furnishes the broadest ground of clamor and complaint is the exaetion of heavy quit-rents for the lands within the said counties of Cumberland and Gloucester, which they consider an innovation upon the rights of mankind for whose use such lands were given by a bountiful Providenee without reservation, and which ought not, in their opinion, to be charged with taxes, other than for the general support and defence of the state and government. Besides this, they observed that the regula- tion is extremely partial, since thereby lands of the greatest value, both as to quality and situation, pay no part of a tax which falls heavy upon the possessors of a rough or even mountainous country, remote from the means of obtaining large supplies of money for dis- charging this unequal, and of consequence, inequitable impost. And to this they add, that such quit-rents generally fall heavy upon the poor man who purchases a small farm and who is burthened, not only with paying all the arrearages due upon it, but is liable to be turned out and have his property sold by the laws of this state to pay the quit-rent of a large patent in which he has no other interest than by having purchased a small part."
The constitution, though in its terms emanating from the people, was evidently framed under a strong jealousy and distrust of the popular will. It was, indeed, a piece of complicated machinery, apparently constructed with great care to establish the power and rule of a landed aristocracy, and to perpetuate it by guarding against the future participation of others in the government. It provided for two legislative bodies, styled the assembly and senate, each having a negative on the other, both to be chosen by electors having freehold qualifications, those entitled to vote for senators to be " possessed of freeholds of the value of one hundred pounds over and above all debts charged thereon," a sum which in those days
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excluded many small farmers from voting. The members of the assembly were to be chosen annually, and the senate for four years, both by viva voce vote. The governor was to be chosen by the senatorial electors and to hold his office for three years. Among his powers, was the kingly one of proroguing the two houses. A board was constituted composed of the governor, and four sena- tors selected by the assembly, denominated the council of appoint- ment, who were to appoint all officers civil and military, except some of local and trifling importance. The chancellor, judges of the supreme court and the first judge of cach county court were to hold their places during good behavior, and all others " during the plea- sure of the council of appointment." It will thus be seen that all the important official positions from the highest in the state down to and including county clerks and justices of the pcacc, were placed beyond the immediate reach of the people, and under the control of the senatorial representation of land holders. And further, in order to prevent laws from being " hastily and unadvisedly passed," as the constitution expressed it, another board, styled the council of revision was formed, consisting of the governor, the chancellor and the judges of the supreme court, who by a majority were empowered to negative the passage of any bill and prevent its becoming a law, unless it should hc again passed by a majority of two-thirds of both houses. The governor being chosen by the land holders who were qualified to clect senators and holding his office for three years, and the other members of the board, in effect, holding theirs for life, must be considered, in connexion with the council of appointment, as constituting a very strong barrier against the ambitious interference of any democratic element in society, that under the pretence of progress or reform, might aspire to change the laws, or share in the offices. The barrier indced proved impregnable for nearly half a century, but was finally after much agitation, overcome by the adoption of a new constitution in 1821.
At the time of the formation of this constitution of 1777, an ordinance was passed by the convention appointing the times and places in the different counties for holding elections under it, which, reciting that it was impracticable to hold such elections in the southern district of the state, designated and appointed by name nine persons as senators and twenty-two as members of the assembly for that portion of the state. They were to hold their seats until others were elected in their places, and in cases of vacancies, those occuring in the senate were to be filled by vote of the assembly, and those of the assembly by vote of the senate. In point of fact
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this anomalous ordinance representation, comprising about one-third of each branch of the legislature, constituted without any act of the people and having no legitimate constituency, did continue until 1783, a period of over six years.
The constitution, together with the ordinance in which were also inserted the names of the judges of the supreme court, as well as the judges, sheriffs, clerks, and other officers of the various counties, who had been appointed by the convention, was transmitted to the sheriffs of the several counties, including Cumberland and Gloucester ; with directions to cause elections to be held for governor, lieutenant governor, senators and members of the assembly; the county of Cumberland being declared entitled to three members, Gloucester to two, and the two counties, together with that of Charlotte, were to form a district for the election of three senators.
Paul Spooner was named in the ordinance sheriff of Cumberland county, but he refused to act and resigned his commission ; and the few friends of New York, to use the language they addressed to the council of safety of that state, "being terrified with threats from the people who are setting up a new state, thought it imprudent to proceed to any business," and no election was attempted. Nor was any election held in Gloucester county. Nathaniel Merrill was named in the ordinance as sheriff. Gen. Jacob Bayley who had formerly been a member of New York congress, and who was one of the most influential men in the county, and had been appointed by the convention to administer oaths of office to the sheriff and others, was furnished with a copy of the constitution and ordinance. His letter to the New York council of safety, acknowledging the receipt of these documents, of which an extract is given below, shows what was done in that county in relation to the election, and doubtless fairly represents the feelings of the mass of the people of both counties in regard to the constitution.
"NEWBURY, 14th June, 1777.
Gentlemen : I acknowledge the receipt of an ordinance from you for the election of governor, lieutenant governor and senators and representatives for the state of New York, by the hand of Mr. Wal- lace. The sheriff and committee gave the proper orders, but I am apt to think our people will not choose any members to sit in the state of New York. The people before they saw the constitution,
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were not willing to trouble themselves about a separation from the state of New York, but now almost to a man they are violent for it. * I am gentlemen, etc.,
JACOB BAYLEY.
To the Council of Safety, Kingston."
In the meantime, the men in authority in New York continued their exertions to obtain the interposition of congress in their behalf. On the 28th of May, the council of safety of that state addressed a letter to the president of congress stating that a report prevailed and was daily gaining credit that " the faction in the north eastern part of the state who had declared themselves independent." were privately countenanced by certain members of that body, and urging congress "by a proper resolution " to vindicate their reputation from "imputations so disgraceful and dishonorable." On the 23d of June this letter was read in congress and on the same day one of the delegates from New York laid before that body the printed address of Dr. Young, before mentioned, to . the "inhabitants of Vermont," and those papers, together with all that had been previ- ously received from New York, in relation to the claim of the New Hampshire Grants to independence, and also the declaration and petition of Jonas Fay and others in behalf of the people of that dis- trict, were referred to a committee of the whole, and the 25th of June was named for their consideration. After a prolonged discus- sion, occupying several days, congress on the 30th adopted a series of resolutions on the subject as follows :
" Resolved, That congress is composed of delegates chosen by and representing the communities respectively inhabiting the territories of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina. South Carolina, and Georgia, as they respectively stood at the time of its first institution ; that it was instituted for the purpose of securing and defending the communities aforesaid, against the usurpations, oppressions and hostile invasions of Great Britain ; and therefore it cannot be intend- ed that congress by any of its proceedings would do or recommend, or countenance anything injurious to the rights and jurisdiction of the several communities, which it represents.
" Resolved, That the independent government attempted to be established by the people styling themselves inhabitants of the New Hampshire Grants, can derive no countenance or justification from the act of congress, declaring the united colonies to be independent
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of the crown of Great Britain, nor from any other act or resolution of congress.
" Resolved, That the petition of Jonas Fay, Thomas Chittenden, Heman Allen and Reuben Jones, in the name and behalf of the people, styling themselves as aforesaid, praying " that their declara- tion, that they would consider themselves as a free and independent state, may be received; that the district in the petition described, may be ranked among the free and independent states, and that dele- gates therefrom be admitted to seats in congress be dismissed.
" Resolved, That congress, by raising and officering the regi- ment, commanded by Col. Warner, never meant to give any encourage- ment to the claim of the people aforesaid, to be considered as an independent state, but that the reason which induced congress to form that corps was, that many officers of different states who had served in Canada and alleged that they could soon raise a regiment, but were then unprovided for, might be reinstated in the service of the United States."
The next and concluding resolution after reciting the paragraphs before given of the address of Dr. Young, in reference to the feelings of "leading members of congress," and of the obligations of congress under their former resolution of May 15, 1776, to admit Vermont into the Union, and the readiness of congress to do so, declares " that the contents of the said paragraphs are derogatory to the honor of congress, are a gross misrepresentation of the resolution of congress therein referred to, and tend to deceive and mislead the people to whom they are addressed."
These resolutions indicated, very clearly, that the congress was not ready to recognize the separation of the New Hampshire Grants from New York, and admit the district into the Union as an inde- pendent state, and in that respect were calculated to discourage her people in their efforts in that direction; yet they were far from conceding all that had been demanded by New York. While they manifest a disposition in congress, to conciliate the rulers of that state, by disclaiming in strong language any responsibility for the proceedings of the Vermonters, they at the same time cautiously avoid expressing any opinion on the merits of the controversy, evidently intending to leave it, at least for the present, to be deter- mined by the parties themselves, without the intervention of con- gress. The resolutions of the New York convention had required congress "to recommend to the insurgents a peaceable submission to the jurisdiction of that state," and "to disband the regiment directed to be raised by Mr. Warner," and the letter from the con-
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vention to the president of congress enclosing the resolutions, had declared that it was " absolutely necessary to recall the commissions to Col. Warner, and the officers under him as nothing else would satisfy the convention." The resolutions of congress neither recommended submission, nor disbanded the obnoxious regiment. They merely declared that congress had done nothing to encourage the separation of the people of the New Hampshire Grants from the state of New York, that without considering the merits of the claim of the people of that district, their petition should be dis- missed, and that Dr. Young was justly censurable for his presump- tion in undertaking to foreshadow and proclaim the future action of congress on the subject, and for grossly misrepresenting the meaning of a former resolution of congress.
A considerable number of the members of the congress were satisfied that the people of the New Hampshire Grants had just grounds for separating from the government of New York. Among them were Samuel Adams of Massachusetts and Roger Sherman of Connecti- cut, and probably most of the other New England members, as well as several from the more southern states. There was indeed nothing in these resolves to which the friends of Vermont could not readily subscribe without committing themselves to oppose her admission into the union at any future time.
The congress sat with closed doors during the whole revolutionary period, and until after this time the yeas and nays, if taken were not entered on the journal. We have of course, no account of the state of the vote and no report of the debate which took place on this occa- sion. In a letter from the New York delegates to the council of safety of that state, dated July 2, enclosing a copy of the resolu- tions, they state that the greater part of four days was spent in con- sidering the subject, and that " no debate was ever conducted with more deliberation and solemnity." The letter recommended that commissioners should be dispatched at once to commend the resolu- tions and plead the cause of the state in the insurgent district. "This appears to us the more necessary," they say in conclusion, "as Mr. Roger Sherman of Connecticut, who brought in the peti- tion for those people to congress and has all along acted openly as their advocate and patron, and in the last debate plead their cause with a zcal and passion which he never discovered in any other instance, and which in a judge between a state and some of its own members, was far from being commendable. This gentleman, wo say, immediately on passing the resolutions, procured copies, and having obtained leave of absence, is already set out on his journey
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to the eastward. What may be his views with respect to our dis- pute, we know not, but to his enmity and officiousness you ought not to be strangers." On the 18th of July, the council of New York wrote their delegates that they had sent printed copies of the resolutions to the revolting district, and had ordered them to be properly published and distributed. How they were received by the people to whom they were sent will be noticed hereafter.
In the meantime it may be safe to say that the reputation of Roger Sherman, for either integrity or discernment, did not greatly suffer from this ill opinion of the New York delegates. Long after- wards Nathaniel Macon of North Carolina said of him that " he had more common sense than any man he ever knew," and Mr. Jefferson pointed him out as a man " who never said a foolish thing in his life." This occasion is not likely to have furnished an exception. An able writer in describing the leading members of the convention which formed the constitution of the United States, speaks of him as follows : " He is no orator, and yet not a speaker in the convention is more effective. The basis of his power is found first in his integrity ; his countrymen are satisfied that he is a good man, a real patriot, with no little or sinister or personal ends in view; next he addresses the reason, with arguments logically arranged so clear, so plain, so forcible, that as they have convinced him, they carry conviction to others who are dispassionate." Roger Sherman saw and felt that the cause of the inhabitants of Vermont was founded on the principles of justice and equity, and he did not hesitate to declare it. The state may well be proud of an advocate whose name will ever remain among the most illustrious of our revolutionary statesmen.1
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