USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 31
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Before the gentlemen of the committee left Bennington, they submitted to Gov. Chittenden sundry queries, to which he returned written answers, the substance of which was as follows : that there
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was a large body of land in the state which had not been granted by either New Hampshire or New York, previous to the king's prohibit- ory order of 1767; that no lands had been granted by Vermont, but many petitions for grants were on file, waiting for a settlement of the public disputes ; that there was a large quantity of land granted under New Hampshire, and regranted to other persons under New York that was not yet occupied by either of the grantees; that some old patents under New York were said to extend over some parts of the townships of Pownal, Bennington, and Shaftsbury, which were possessed under grants from New Hampshire of later date; that there were a few persons living in Vermont upon New Hamp- sire rights who had large property in lands in different townships not yet improved, and many that owned small quantities ; that there were a few persons in actual possession of lands under the New York title, to which others had a prior right under New Hampshire ; that the proclamations of the governor of New York of the previous year would by no means secure the property of the inhabitants in the soil - that they were " only a shadow without any principal substance, calculated to answer sinister purposes ;" that their language excluded the most valuable lands in the state, and that it was out of the power of the legislature of New York to confirm the lands which had been previously granted to others. To the question, whether "if the property in the lands were perfectly secured to you would you be willing to return under the jurisdiction of New York," Gov. Chittenden answered as follows : " We are in the fullest sense as unwilling to be under the jurisdiction of New York, as we can conceive America would be to revert back under the power of Great Britain (except a few disaffected inhabitants who say they will become willing subjects of this state on the approbation of con- gress) and we should consider our liberties and privileges (both civil and religious) equally exposed to future invasions."
He further stated that experience had convinced him that a union with New York would impede the settlement of Vermont ; that the proceedings in Cumberland county against those claiming to be under the jurisdiction of New York, had been wholly occa- sioned by their refusal " to do their tour of military duty in guard ing the frontiers of the state and of the United States of America against the common enemy, agreeable to the orders of the board of war of the state, issued in pursuance of advice from Brigadier General James Clinton for that purpose ; " and that the people of the state would be willing to submit the long continued differences between the state and the state of New York, to the determination
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of congress on their being allowed cqual privileges with that state in supporting their cause.
On the 13th of July, Mr. Witherspoon and Mr. Atlec presented to congress a written account of their proceedings, cmbodying the matters already related, in which they also stated that they were treated by the people they had visited with great courtesy and respect and were solemnly assured by them all, that they did not mean to break the union of the states or give encouragement to the common enemy. As these two gentlemen did not constitute a quo- rum of the committee, their written statement could not be con- sidered as an official report, and it does not appear that any action was taken upon it by congress. Their mission to Vermont, though it probably had the effect to give to congress some additional light on the nature of the controversy, wholly failed of accomplishing anything in the way of reconciling it.1
In those days, before the powers of steam and electricity had been brought into use, and in the absence of regular mails, information traveled slowly. About the middle of June, the governor and council of Vermont having learned something of the action of con- gress of the first of that month, appointed Ethan Allen and Jonas Fay to repair to Philadelphia "to transact any business that con- cerned the state." They appear to have been at that city, or on the way there, while Mr. Witherspoon and Mr. Atlee were at Benning- ton. The principal object of their visit, seems to have been to give that body correct information in regard to the measures which had been adopted towards the adherents of New York, and in cementingand strengthening the state government. For this purpose they addressed a letter to the president of congress, which was presented on the 2d of July, transmitting a printed hand bill which contained Gov. Chittenden's order of the 6th of May, for calling out the posse ; an extract from the proceedings of the court in the trial of the persons arrested, and the governor's proclamation of pardon, and also transmitting "a book containing the code of laws of the state of Vermont," which had been enacted the previous February.
Being convinced, after the return of these gentlemen, that a strong effort was about to be made to induce congress to adopt hostile measures towards the state, the governor and council deemed it advisable to obtain the fullest information in their power, in regard
1 New York Assembly Jour., Oct. 16, 21, and Nov. 10. Jour. of Congress, vol. 3, p. 128, 147, 148, 151, 285, 295, 297, 298, 308. Slade, 108, 110. Doc. Hist. N. Y., p. 967, 986. Williams's Vt., 247, 250. Hall's Eastern Vt., chap. XIII. Clinton Papers, No. 2428.
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to the actual state of the case before that body. They, therefore, towards the last of the month of July, instructed Jonas Fay and Paul Spooner, who had previously been appointed agents for the state to congress, to go to Philadelphia and obtain copies of all papers they should decm important, which had been presented to that body in relation to Vermont, with the reportsand resolutions thereon; in which mission they were successful. By these gentlemen Gov. Chittenden took occasion to address a letter to congress, bearing date August 5th, protesting against their resolution of the 16th of June, by which, he said, the authority of Vermont "had been impeached and censured before the facts and circumstances could have been particularly known to congress ;" and affirming that the men who had been arrested in Cumberland county had been guilty " of a high-handed breach of the peace" in resisting the levy of men for the defence of the frontiers, but that notwithstanding their offence, they had been liberated before the passage of the resolution of congress. He further declared that many of them were "able- bodied, effective men of considerable property who were averse to taking up arms against the common enemy," and who had taken advantage of the dispute between New York and Vermont "to screen themselves from service ;" and who had always refused when- ever applied to, to furnish their quota of cither men or money, in defence of their own frontier. He offered, in behalf of the people of Vermont, to pay their full proportion of the expense of the war with Great Britain whenever required to do so, although they had for a long time at their own cost of men and means, maintained their frontier defences. Referring to Gov. Clinton's letter to con- gress of May 29th, in which he had stated that he should " issue his orders to the militia and make the necessary arrangements for marching to repel the outrage " which had been committed in Cum- berland county, Gov. Chittenden said, " I have issued like orders to the militia of this state, and notwithstanding I am far from counten- ancing a measure so disagreeable in its nature, yet the free born citizens of this state can never so far degrade the dignity of human nature, or relinquish any part of that glorious spirit of patriotism, which has hitherto distinguished them in every conflict with the unrelenting and long continued tyranny of designing men, as tamely to submit to his mandates, or even to be intimidated by a challenge from him." 1
1 Jour. Cong., vol. 3, p. 317, 342. Ethan Allen Papers, 283, 293. Vermont Council Jour., 269, 270. Gov. Chittenden's Letter, state department, Wash- ington. N. Y. Doc. Hist.
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CHAPTER XXVI. ENGAGEMENT OF CONGRESS TO HEAR AND DECIDE THE CONTROVERSY.
1779-1780
Efforts of the New York Assembly to obtain the interposition of Congress against Vermont - Resolves of Congress engaging to hear and decide the controversy and enforce their decision -Measures of the Vermont government in vindication of the right of the state to independence - Agents of the state appear in Philadelphia and protest against the juris- diction of Congress - The hearing of the controversy postponed.
N the Sth of September, 1779, the delegates from New York laid before congress certain instructions of their legislature, of the 27th of the preceding month, directing them to make use of all possible exertions to obtain the speedy and effectual interposition of congress in behalf of the state against the Vermonters as the only means of preventing a resort to military force. The instructions stated that the principal business of the meeting of the legislature at that time was " to deliberate upon that momentous subject ; " that the legislature would continue in session, without adopting any coercive measures, "until they were favored with the sentiments of congress," and " in case congress should decline to interpose by an express recommendation in favor of the state," Mr. Jay, who had the business in special charge, was directed " immediately to with- draw " from congress and report to the legislature. These instruc- tions were accompanied by a memorial from the New York com- mittee of Cumberland county, which also asked for the interposition of congress against the measures of Vermont. Circumstances favored the efforts of New York. New Hampshire, which had for- merly been friendly to Vermont, had become hostile. In order to secure the quiet submission to her authority of her uneasy inhabi- tants on her western border, who were ambitious for a new state with its capital on Connecticut river, and with some hope of ex- tending her territory to the westward of that river, by the action of congress, she had laid before that body a claim to the whole of Vermont. And now that the subject was brought before that tribunal the delegates from Massachusetts deemed it advisable to put in the ancient claim of that commonwealth to the southern part of the new state. Thus Vermont was deprived of the sympathy of
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a large portion of the members from New England, on which she had heretofore relied. Her treatment of the disaffected in her midst was loudly complained of, and some laws which had been enacted by Vermont, probably for the mere purpose of inspiring terror, for no attempt was ever made to execute them, subjecting those who opposed her authority to severe and degrading corporal punishment, were used to produce an unfriendly feeling against the managers of the new state government. They doubtless had such an effect, for though corporal punishment for acknowledged crime was then in common use in all the states, its threatened application to persons of respectable standing in society, for a poli- tical offence which many would justify, was very generally disap- proved. Many months had been spent by Mr. Jay and his associate delegates, in preparing the minds of the members for active measures ; and now that there was little or no hope left that a reconciliation of the several parties to the controversy could be effected, and an armed collision being apparently imminent, it was difficult to resist the appeal to congress to undertake its adjudica- tion. The papers presented from New York were referred to a committee of five members, who on the 17th made their report, which was taken into consideration by congress, and on the 24th a series of resolutions on the subject was adopted.
The resolutions were preceded by a preamble, in which it was recited that applications had been made to congress, by the states of New York and New Hampshire, " relative to disturbances and ani- mosities among the inhabitants of a certain district known by the name of the New Hampshire Grants;" and that a majority of the committee which had been appointed by resolution of the first of June last to visit the district, had not been able to meet ; that such animosities were likely to disturb the peace of the United States, which rendered it "necessary for congress to interpose for the restoration of quiet and good order;" that the states of New Hampshire, Massachusetts and New York, claimed the said district, either wholly or in part, against each other, and against the people inhabiting it, and that the said people denied the jurisdiction of either of said states. For these alleged reasons, congress resolved as follows :
" Resolved unanimously, That it be, and hereby is most earnestly recommended to the states of New Hampshire, Massachusetts Bay and New York, forthwith to pass laws expressly authorizing congress to hear and determine all differences between them relative to their respective boundaries, in the mode prescribed by the articles of
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confederation, so that congress may proceed thereon by the first day of February next at the farthest ; and further that the said states of New Hampshire, Massachusetts Bay and New York, do, by express laws for the purpose, refer to the decision of congress all differences or disputes relative to jurisdiction, which they may respectively have with the people of the district aforesaid, that congress may proceed thereon on the first day of February next; [and also to authorize congress to proceed to hear and determine all disputes subsisting between the grantees of the several states aforesaid, with one another, or with either of the said states, respecting title to lands lying in the said district, to be heard and determined by com- missioners or judges to be appointed in the mode prescribed by the 9th article of the confederation aforesaid : 1] and further to provide that no advantage be taken of the nonperformance of the conditions of any of the grants of the said lands, but that further reasonable time be allowed for fulfilling such conditions.
" Resolved unanimously, That congress will and hereby do pledge their faith to carry into execution and support their decisions and determinations in the premises, in favor of whichsoever of the par- ties the same may be, to the end that permanent concord and harmony may be established between them, and all cause of uneasi- ness removed.
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" Resolved unanimously, That congress will, on the said first day of February next, proceed, without delay, to hear and examine into the disputes and differences relative to jurisdiction aforesaid, between the said three states respectively, or such of them as shall pass the laws before mentioned on the one part, and the people of the district aforesaid who claim to be a separate jurisdiction on the other ; and after a full and fair hearing will decide and determine the same according to equity; and that neither of the said states shall vote on any question relative to the decision thereof. And congress do hereby pledge their faith to execute and support their decisions and determinations in the premises.
"Resolved unanimously, That it is the duty of the people of the district aforesaid, who deny the jurisdiction of all the aforenamed states, to abstain in the meantime from exercising any power over any of the inhabitants of the said district, who profess themselves to be citizens of, or to owe allegiance to any or either of said states ; but that none of the towns, either on the east or west side of the
' This clause included in brackets was substituted by resolution of con- gress of October 2, for one repealed, which repealed clause is here omitted.
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Connecticut river, be considered as included within the said district, but such as have heretofore actually joined in denying the jurisdic- tion of either of said states, and have assumed a separate jurisdiction which they call the state of Vermont. And further, that in the opinion of congress, the said three states aforenamed, ought, in the meantime, to suspend executing their laws over any of the inhabit- ants of said districts, except such of them as shall profess allegiance to, and confess the jurisdiction of the same respectively. And fur- ther, that congress will consider any violences committed against the tenor, true intent and meaning of this resolution as a breach of the peace of the confederacy, which they are determined to keep and maintain. And to the end. that all such violences and breaches of the public peace may be better avoided in the said district, it is * hereby recommended to all the inhabitants thereof, to cultivate harmony and concord among themselves, to forbear vexing each other at law or otherwise, and to give as little occasion as possible to the interposition of magistrates.
"Resolved unanimously, That in the opinion of congress, no unap- propriated lands or estates which are or may be adjudged forfeited or confiscated, lying in the said district, ought, until the final decision of congress in the premises, to be granted or sold.
"Ordered, That copies of the foregoing resolutions be sent by express to the states of New York, New Hampshire and Massachu- setts, and to the people of the district aforesaid, and that they be respectively desired to lose no time in appointing their agent or agents, and otherwise preparing for the hearings aforesaid."
These resolutions were considered by the New York delegates as a virtual engagement of congress to decide the controversy in her favor, and if necessary, to carry its decision into effect by force of arms. The claims of both Massachusetts and New Hampshire were regarded by them as clearly unfounded, and. as it would seem, not without reason. That of Massachusetts had been decided against her in 1739 by the crown, the then acknowledged umpire, and that of New Hampshire in favor of New York by the same authority in 1764; and both decisions had been ever afterwards acquiesced in by the colonies against which they were made. Vermont was viewed as a mere nominal party. The states named in the resolutions were first to give their assent to a hearing of the controversy by congress, but the consent of Vermont was not asked. Her jurisdiction was denied in advance by requiring her to forbear granting unappropri- ated lands, and confiscating the lands of tories ; and to abstain from the exercise of authority over a portion of the inhabitants within her
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limits, and to permit the exercise of the authority of either of the contesting states over any of the inhabitants who should choose their jurisdiction. She was indeed to be allowed to attend at the trial. but only, according to Mr. Jay, to prevent clamor, and to give the decision which was to be made against her the greater weight. In his report to Gov. Clinton, in explanation of the resolutions, dated the day after their passage, his language on this point was as follows ; " You may ask why Vermont is made a party ? the reason is this, that by beingallowed a hearing, the candor and moderation of congress may be rescued from aspersions, and that the people, after having been fully heard, may have nothing to say or complain of, in case the decision of congress be against them, of which I have no doubt."1
These resolutions were viewed in a similar light by the men administering the government of Vermont. They had been passed . without their knowledge, and were believed by them to be the result of an understanding between the delegates of New Hampshire and New York for a division of the territory, in which understanding it was feared the delegates from Massachusetts had also participated.
Neither of these New England states, it was thought, could, upon any legal or equitable principles, make even a plausible case before congress, but their aid would be most essential to the success of New York, and when that was obtained a distribution of the spoils could be made. That there was some ground for this belief, at least so far as New Hampshire was concerned, will be seen hereafter.
" It was impossible," says Dr. Williams in his history, " that Ver- mont should comply with the resolves of congress. To have four sepa- rate jurisdictions existing at the same time, in the same territory, as the resolutions recommended, would at any time have been absurd and impossible ; least of all was it to be admitted or attempted after the people had declared themselves to be a free and independent state, assumed the powers of government, and exercised them in all cases, and in every part of the state. They had already formed their con- stitution, enacted a code of laws, erected courts of justice, and fully exercised all the powers of government. The plan of four separate jurisdictions, which congress proposed, was incompatible with any state of society, and the more dangerous as New York was constantly aiming to break up the government of Vermont, by granting commissions to her adherents, encouraging informers and promoting disaffected persons in every part of the territory."
1 Doc. Ilist. N. Y., p. 981, 987. Jour. Cong., vol. 3, p. 350, 365, 366, 371. Jay to Clinton, September 25, 1779. Life of Jay, p. 88 to 95.
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Vermont must therefore be content to submit quietly to the over- throw of her authority by the adjoining states, and the appropriation by them of her territory, or prepare to support with firmness and resolution her independent jurisdiction. She chose the latter.
The third annual election for state officers, had taken place on the first Tuesday of September, and on the second Thursday of October, the time fixed by the constitution, the legislature assem- bled at Manchester. The resolutions of congress having been fully discussed by the council and assembly in committee of the whole, it was unanimously resolved, that " the state ought to support their right to independence, at congress and to the world, in the character of a free and independent state," and it was recommended to the general assembly " to make grants of all, or any part of the unappro- priated lands within their jurisdiction, that should not interfere with any former grants, as their wisdom might direct." It was further resolved, "That five persons be chosen by ballot, agents in behalf of the freemen of the state, to appear at the congress of the United States of America, on the first day of February next." Any three of them were authorized to vindicate the right of the state to inde- pendence, before that body; to agree upon articles of union and confederation in behalf of Vermont with the United States, and to transact any other political business of the state " as an independent state " at congress. The agents chosen, were Ethan Allen, Jonas Fay, Paul Spooner, Stephen R. Bradley and Moses Robinson.
The presentation of a claim to congress by Massachusetts, had not been anticipated, and Gen. Ethan Allen was appointed to visit the general court of that state and ascertain the character and extent of the claim. He was the bearer of a letter from Gov. Chittenden to the president of the Massachusetts council, making the inquiry, complaining of the oppressive conduct of New York, and earnestly affirming the justice and equity of the claim of Vermont to inde- pendence. The legislature of Massachusetts neglected to pass an act submitting her claim to the decision of congress, but the presi- dent of the senate, in reply to Gov. Chittenden's letter informed him that the claim of Massachusetts extended from the well known southern boundary of that state to a line of latitude running through a point three miles north of the source of the Merrimac river, and reached for that width west to the Pacific ocean, thus including south- ern Vermont and central and western New York, as well as a vast ter- ritory across the continent to the west. Of this claim congress was also officially informed, the government of Massachusetts thus plac- ing itself in a somewhat equivocal position in regard to the contro-
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versy. It is probable that this claim of Massachusetts was made, not so much for the purpose of interfering with the rights of the new state, as by way of asserting her own ancient title to lands within the acknowledged jurisdiction of New York, to the westward of Vermont; which title she afterwards maintained with some success, as has been seen in a previous chapter. The states of New York and New Hampshire promptly passed acts submitting the decision of the controversy to congress, in compliance with the resolution of that body, and preparations were made by all parties for the contemplated hearing the succeeding February. Mr. Jay having been appointed by congress minister to Spain, vacated his office of president, and Samuel Huntington of Connecticut was chosen his successor. Mr. Jay also resigned his place as delegate, and Robert R. Livingston then chancellor of New York, was ap- pointed special delegate in his stead, and with the other delegates from the state, was directed to act in her behalf in the management of the controversy. Samuel Livermore, with one or more of the other delegates from New Hampshire, was authorized to act for that state.1
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