USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 34
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answer, acceding to the proposal, which letter Maj. Carleton, accom- panied by one from himself, sent to Gen. Allen under a flag. Maj. Carleton's letter, dated October 26th, informed Gen. Allen that he had authorized the bearer of it, Capt. Sherwood, to treat with him or the governor on the subject, and proposed a cessation of hostilities during the continuance of the negotiation. To this proposal Gen. Allen assented, insisting, however, that the northern frontier of New York should be included in the armistice. " This additional terri- tory," says Ira Allen in his history, " produced some altercation ; for on the part of Maj. Carleton it disappointed his expedition ; on the part of Gen. Allen it would have been exposing Vermont to many difficulties, had lier general consented to a truce, and left the frontiers of a neighboring state exposed. However, in consideration of future prospects, Gen. Allen's proposition was admitted and a truce settled including the frontiers of New York to Hudson's river." The principal force of the enemy had by this time retired to Ticonderoga and Crown Point. On the 31st of October, when a quorum of the Vermont assembly again met, all the correspondence of Gen. Allen with the British officers and others while in command at Castleton, was laid before them by the governor, whereupon it was resolved " that this assembly do approve of the captain general and com- mander-in-chief's making proposals to his excellency Gen. Haldimand for settling a cartel for the exchange of prisoners, and further advise and command him to appoint and empower some suitable person or persons to further negociate the settlement of a cartel with Maj. Carleton agreeable to Gen. Haldimand's proposals for that pur- pose." It was also resolved, " that the captain general be and hereby is requested to discharge the militia and volunteers raised for the defense of the northern frontier." Although the New York officers had been informed by Gen. Allen of the arrangement for the cessation of arms, the alarm on their part continued. Rumors, apparently well founded, reached them that Carleton had received reenforcements from Canada, and was returning to renew his attacks. The conduct of Gen. Allen appeared suspicious, and apprehensions were entertained that by the withdrawal of the Vermont troops New York was to be left to the mercy of a cruel enemy. Under date of the 31st of October, Gen. Schuyler wrote from Saratoga to Gov. Clinton, that the conduct of some people at the eastward was alarm- ingly mysterious ; that a flag under a pretext of settling a cartel with Vermont had been on the Grants, that Allen had disbanded his militia, and that the enemy in number upwards of sixteen hundred were rapidly advancing upon the New York frontier. He requested
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the governor to " entreat Gen. Washington for new continental troops," and begged him to hasten himself to Saratoga. Gen. Schuyler also wrote the same day to Gen. Washington giving an account of the capture of Fort George, the ravages of the enemy, and the conduct of the Vermonters, so far as it had come to his knowledge, stating his belief, that the sending of a flag for the exchange of prisoners was a mere cover to some design of the enemy, and expressing the strongest apprehensions that they would be unable to raise a sufficient force to resist their attacks. The next day Schuyler wrote to Clinton that the militia at Fort Edward had all left, and that Col. Gansevoort would probably be obliged to aban- don it, that the enemy were approaching Skenesborough, and that the people were in a panic and removing their families. The alarm was unfounded. The enemy made no further demonstrations against the frontier, and soon returned down the lake to Canada.
The transactions of Gen. Allen with the invading enemy on this occasion excited much comment throughout the country, often of an unfavorable character. There was nothing in the fact of negotiat- ing a cartel for the exchange of prisoners which was out of the common course of events, Col. Gansevoort of the New York forces being at the same time in correspondence with the British officers for the like purpose. But the armistice seemed a mystery which many were not disposed to have solved by the mere fact of the existence of a desire on the part of the enemy to detach the Ver- monters from the American cause, without also connecting with it a willingness on their part to be detached. Surely there was no necessity for this additional motive in order to account for the measure. The cessation of arms, offered by the enemy, would save the frontiers from the invasion and ravages of a powerful army and would prevent for the time being the effusion of blood, and it was, in all respects, highly advantageous, to the inhabitants of the state. These advantages certainly furnished a sufficient, good, and com- mendable motive for acceding to it, without looking about to find a bad one.
But notwithstanding the palpable benefit of the measure to the state, suspicions were entertained that something wrong had been done, and the desire for a public investigation of the matter was very general. Charges were made against Allen in the assembly. On the 3d of November, three days after the militia had been dis- charged, a remonstrance against him was presented to that body by Capt. William Hutchins, and the next day another by Simeon Hathaway. The precise character of these cannot now be ascer-
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tained, the papers not having been preserved. That they charged him with misconduct in entering into the armistice there is no doubt.
The most satisfactory account that can now be given of the pro- ceeding will be furnished by a copy of all that appears on the jour- nal of the assembly in relation to it. The following is such copy.
" Friday, November 3, 1780.
A remonstrance signed William Hutchins was handed to the speaker and ordered that the consideration of the remonstrance be deferred till to morrow morning, nine o'clock.
" Saturday, Nov. 4.
The remonstrance of Captain Hutchins, which was referred to this day was read and after some debate was dismissed ; after which Gen. Allen made a speech in the house to the assembly in which he observed there was uneasiness among some of the people upon account of his conduct, etc., and that he would resign his commis- sion, and if the assembly thought best to give him the command at any time he would endeavor to serve the state according to his abilities.
" Saturday, Nov. 4, 2 o'clock, P.M.
Resolved, That this assembly will take the matter of the remon- strance signed Simeon Hathaway for himself and others unto con- · sideration at some convenient time."
Afterwards on the same day, "Ordered that the consideration of the remonstrance signed " Simeon Hathaway for himself and others " be postponed until 2 o'clock in the afternoon, Monday next.
Resolved, That the resolution passed for dismissing the remon- strance signed by Capt. Wm. Hutchins, be and is hereby recon- sidered, and thereupon ordered that said remonstrance be taken into consideration on Monday next, 2 o'clock, afternoon.
" Monday, Nov. 6, 2 o'clock P. M.
"The remonstrancesigned by Capt. Hutchins, and the remonstrance signed by Simeon Hathaway for himself and others, which were referred to this day were taken into consideration. And Capt. Hutchins's remonstrance was read, and the other read and while reading Gen. Allen rose up and said he would not hear any more of it as it was beneatlı lis character to sit there and hear such false and ignominious assertions against him, and went out of the house. After some debate a member of the house was desired to notify him
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that the assembly would proceed to take the matter of Capt. Hutchins's into consideration and would hear the parties. Gen. Allen accord- ingly attended and requested to know of the house whether they would proceed to hear the remonstrance of Mr. Hathaway, and if they did he would not attend to either, and being answered that they both would be taken into consideration he went out of the house. And after some debate and taking the evidence of Joseph Fay and Stephen R. Bradley, Esquires, the matter was postponed till to-mor- row.
" Tuesday, Novr 7.
" The remonstrance signed Simeon Hathaway which was referred to this day was read and after some debate was referred until this afternoon, 2 o'clock. Adjourned until 2 o'clock, afternoon.
" Met according to adjournment. The remonstrance which was signed Simeon Hathaway, &c., which was referred until this after- noon was taken under consideration and after some debate,
" Resolved, That the remonstrance signed Simeon Hathaway for himself and others be dismissed by reason of the undue form thereof.
" Resolved, That Capt. Hutchins have liberty to withdraw his remonstrance against Gen. Ethan Allen.
" Resolved, That a committee of two be appointed to return the thanks of this house to Gen. Ethan Allen for the good service he has done this state since his appointment of brigadier general, and that this house do accept his resignation as brigadier general accord- ing to his offer made this house on Saturday last.
" The members chosen were Mr. S. Robinson and Mr. Jones."
Messrs. Fay and Bradley, whose evidence was taken, had been on the staff of Gen. Allen while at Castleton, and their testimony seems to have satisfied the house that nothing improper had been done by him.1
The legislature at this session adopted active measures for recruit- ing the finances of the state, and for providing for its future defence against the common enemy. The depreciated and uncertain value of the floating Continental currency, and the almost entire absence
1 Clinton Papers, No. 3277, 3281, 3282, 3324, 3328. Ethan Allen Papers, p. 331-337, 355. Huldimand Papers, vol. 1, p. 515, 517. Jour. of Vermont Assembly. I. Allen's Vermont, p. 151, 152. Life of Brant, vol. 2, p. 129-135. Thompson's Vermont, p. 69, 70. Life of Warner, p. 75. Sparks's Washing- ton, vol. 7, p. 179, 180, 269. Gen. Allen was rechosen brigadier general of one of the brigades of militia. April 11, 1781, but declined to accept the appointment, upon which Gen. Samuel Safford was elected.
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of specie, together with the confusion incident to the frontier posi- tion of the state, and its controversies with its neighbors, rendered it inexpedient, if not impracticable, to raise money for state pur- poses by direct taxation. But an efficient law was passed for collecting in kind large quantities of beef, pork, flour, and other articles of provisions, for the supply of the troops for the ensuing year, which were to be delivered to the commissary general by the several towns, according to their respective quotas designated in the act. In order to raise money for the payment of troops, and to meet the other expenses of the government, provision was made for an extensive disposition of ungranted lands.
As early as the June session of the assembly in 1779, Ira Allen had been appointed surveyor general, and directed to procure at the expense of the state copies of all charters of lands lying in the state from whatever government they might have been issued, and to make a general plan of the state, showing what lands had been granted and what not. In undertaking to perform this duty he met with much embarrassment. The record book of charters granted by New Hampshire had been taken to England by Gov. John Went- worth, when he fled from the colony at the beginning of the revolu- tion, and many of the original charters had been carried to New York, either for confirmation or in protest against new grants from that colony, and with the city, were in possession of the enemy. From those which could be procured from the towns and other sources, and from the information that could be otherwise obtained, Mr. Allen made a plan of the state, which was presented to the legislature at this session. Notwithstanding the opposition of New York and New Hampshire to the independence of Vermont and the equivocal position of congress, confidence in the firm and permanent foundation of its government, was very general throughout the country, and the office of the secretary of state was flooded with applications for grants of land from persons residing without the state; as well as from those within it. The whole subject was referred to a joint committee of the council and assembly, who made a report (Nov. 4), that from an examination of the multiplicity of the petitions in the secretary's office and the several claims to the same lands which had appeared since their appointment, and of the plan returned by the surveyor general, they found " that it was im- practicable at that time to grant the prayer of each petition, partly for want of proper surveys, and partly, as the committee conceived, for want of unappropriated lands in the state whereon to make such grants." The committee, however, recommended the granting
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of forty-eight townships, for most of which charters were soon after- wards issued. Each charter included about thirty-six square miles, or twenty-three thousand and forty acres, divided into sixty-five to seventy-five shares, which were granted to that number of individuals designated by name, besides five shares for public purposes, viz : One for a college in the state and one for a county grammar school, these two to be disposed of under the direction of the legislature ; one share for the first settled minister; one for the support of a gospel ministry ; and one for the support of schools in the town. Each share would therefore cover something over three hundred acres. By these grants a considerable sum was obtained for the use and defense of the state. Ira Allen, in an address to the public in 1786, speaking of the grants, says : " this mode of procuring money made the state many firm and interested friends abroad, amongst which were some of the first characters in the United States." It may be added that among the grantees were many of the officers and soldiers of the Continental army. In making these grants the lands which had been patented by New York after the king's prohibition of 1767, were treated as vacant and unappropriated.1
Congress not having acceded to the offer of Vermont to become a member of the federal union, the administration of the state now prepared to act upon the measure indicated by Gov. Chittenden at the close of his letter to the president of that body, of the 25th of July preceding, viz : that of applying for such union to the govern- ments of the states separately. Circulars, making such offer, and enclosing his letter to the president of congress, were accordingly addressed by him to the governors of New Hampshire, Massachusetts, Connecticut, and New York. To the three first named of them, he presented the proposition of a union with Vermont for the purposes of defence, and in support of it stated that it was probable the enemy in Canada would be reenforced before the conclusion of the next campaign ; that owing to the greater advantages of navigation by the lakes which they possessed, they could suddenly bring their whole force into Vermont; that this would no doubt be the object of the next campaign unless measures should be taken to prevent it ; and that in such an event the people of Vermont would either be sacrificed, or be obliged to retire into the interior parts of the United States for safety, or be under the disagreeable necessity of making such terms with the British as might remain in their power. Of
1 Jour. Vt. Assembly, June 3, 1779, Oct. 21, 1779, Oct. 25, and Nov. 4, 1780 Ira Allen in Vermont Gazette, Aug. 7, 14, and 21, 1786.
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New Hampshire and Massachusetts it was demanded that, prior to such union, they should abandon their claims of jurisdiction over every part of Vermont. To this demand it does not appear that New Hampshire made any special reply, but the legislature of Massachu- setts resolved to relinquish their claim of sovereignty over the state, provided congress should acknowledge her to be an inde- pendent state and admit her into the union. The government of Connecticut was understood to be favorable to the independence of Vermont, but no definite response to Gov. Chittenden's request is found. The proceedings of New York on the application of Gov. Chittenden require a more full consideration.1
1 Letter of Gov. Chittenden to Gov. Clinton of November 22, and to the other governors of December 12, 1780. Journals of Mass. Senate and Assembly, March 8, 1781.
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CHAPTER XXIX.
GOVERNOR CLINTON PREVENTS A SETTLEMENT OF THE CON- TROVERSY WITH VERMONT BY THREATENING TO PROROGUE THE ASSEMBLY.
1780 -- 1781.
Letter of Gov. Chittenden to Gov. Clinton, demanding the relinquishment by the legislature of New York, of their jurisdiction over Vermont, and proposing a union of the two states for defence against British inva- sions -Circumstances favorable to the success of the proposal -Gov. Clinton's hostile message transmitting the letter to the assembly - Resolutions of the senate looking to the acknowledgment of the inde- pendence of Vermont - The resolutions taken up in the House - Message of Gov. Clinton threatening to prorogue the assembly if they persisted in considering the resolutions- The governor's action prevents further proceedings.
"THE demand by Gov. Chittenden of the governor and legislature of New York, for the relinquishment of the claim of jurisdic. tion of that state over the territory of Vermont, and his offer of a union with that state for mutual defence against the common enemy, was couched in the following direct language.
" State of Vermont, In council, ARLINGTON, Nov. 22, 1780.
" Sir : Inclosed I transmit your excellency a copy of my letter to congress of the 25th of July last, and on a full examination of the controversy between the state of New York and this state, and duly considering the present peculiar circumstances of both states, I am inclined to make a positive demand on the legislature of the state over whom you preside, to give up and fully relinquish their claim to jurisdiction over this state ; and also propose to them to join in a solid union with this state for mutual defence against the British forces which invade the American states, particularly such part as make incursions on the frontiers of the two states from the province of Quebec.
" Such a union for the reciprocal advantage of both governments, I am willing to ratify and confirm on the part of this state.
" Colonel Ira Allen who delivers this, waits your answer to these proposals.
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" In behalf of the council and general assembly, I have the honor to be with great esteem your excellency's
Very obedient humble servant, THOMAS CHITTENDEN.
" His Excellency George Clinton Esq.,
Governor etc., of the state of New York,
To be communicated to the legislature thereof."
It could not have been entirely without some hope of success that this communication was made. Many circumstances favored the application ; New York had recently had a full hearing before con- gress, in which her claim had been presented to that body with great earnestness and ability. All her efforts to procure a decision in her favor had resulted in disappointment, and there was no reasonable prospect that congress could ever be induced to enforce the submission of the Vermonters. The idea of compelling their submission by the power of New York alone, though sometimes suggested in threatening language by Gov. Clinton, and perhaps by others, could never have been seriously entertained. The aristo- cratic government of New York was weak in the affections of her "wn people, and many of them who were acquainted with the origin and nature of the controversy, sympathized with the revolters, rather than with their adversaries. A coercive experiment, as has already been seen, had been tried during the colonial period, under more favorable circumstances than the present, and had proved a complete failure. There was much less hope of success now.
During the four years that the New Yorkers had been vainly importuning congress to interfere in their behalf, Vermont had been in the actual exercise of an independent jurisdiction, and her affairs had been conducted in such manner as to inspire general confidence in the strength and permanency of her institutions. Her power to protect, not only her own frontier, but that of New York also, from invasions of the enemy, had been recently shown by the promptness with which she had mustered an imposing force on the northern border, as well as by her diplomatic skill in inducing the enemy to retire without attempting contemplated ravages ; while on the other hand the weakness and imbecility of New York had been exhibited in the utter inability of her officers to assemble her militia for fron- tier protection. "A solid union for mutual defence against the British force," such as was proposed by Gov. Chittenden, must have appeared quite desirable, at least to that large portion of the inhabitants of New York who were exposed to invasions from Canada.
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The legislature of New York was to meet at Albany on the 2d of January, 1781. Thither Col. Ira Allen repaired to deliver Gov. Chittenden's letter. But Gov. Clinton was not there until some- time after that date, and a quorum of the two houses for the trans- action of business was not formed until the last day of that month. Mr. Allen, however, remained in Albany and made the object of liis mission known to such of the senators and members as were in attendance and to the public. The proposal met with much favor, and a compliance with it was undoubtedly desired by the mass of the people in the northern part of the state. A petition to the legis- lature at this session adopted at a meeting of the inhabitants of Schaghticoke after enumerating many other grievances concluded as follows: "It is thought very essential by the people of this district, to have a reconciliation formed with the people of the eastern district of this state which would contribute greatly to the safety of the frontiers." A petition of the committees of the several districts of the county of Albany prepared and signed at a meeting held at Kinderhook was still more explicit on this subject. It declared it to be a serious grievance, " That the district of country called the state of Vermont, notwithstanding their manly firmness and attachment to the freedom and independence of America, have been opposed by this state in obtaining the benefit of a confedera- tion with the United States to the great disadvantage of the fron- tiers of this state in their general defence against the common enemy."
But the proposal of Vermont encountered the decided and earnest opposition of Gov. Clinton.
On the 5th of February he transmitted Governor Chittenden's letter to the assembly, with the following characteristic message :
" Gentlemen : You will receive with this message a letter from Thomas Chittenden dated the 22d of Nov. last, making a positive demand on the legislature to give up and fully relinquish the juris- diction of this state over the part thereof generally distinguished by the name of the New Hampshire Grants, with a copy of his letter to congress of the 25th of July last.
" Nothing but the desire of giving you the fullest information of every matter of public concern, could induce me to lay before you a demand, not only so insolent in its nature and derogatory to the honor of the state, and the true interests of your constituents but tending to subvert the authority of congress (to whom the deter- mination of the controversy is solemnly submitted) and establish a principle destructive in its consequences to the power and happiness of the United States.
" GEORGE CLINTON.
" Albany, Feb. 5, 1781."
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This message, with the accompanying letters, was referred in the house to a committee of nine members and in the senate to a com- mittee of the whole.
On the 21st of February the subject was considered in the senate, Robert R. Livingston, chancellor of the state, who had been appointed by the legislature a special delegate to attend to the controversy in congress and who had represented the state at the hearing before that body the previous September, was called before the committee and examined in relation to the matter. After due deliberation, the committee reported a series of resolutions looking to an adjustment of the controversy, on the basis of recognizing the New Hampshire Grants as an independent state. The resolutions, which are too long for insertion here, after affirming the right of New York to the government of the territory in dispute, declared, in substance, that it was inexpedient further to insist upon such right, and provided for the appointment of commissioners to confer with commissioners from Vermont, with full powers to adjust and settle the terms upon which the state would make a cession of her jurisdiction over that district. This report of the committee was adopted the same day by the senate with but one dissenting vote, and sent to the house of representatives. In that body after the consideration of the resolu- tions had been once or twice postponed, they were made the special order of the day for the 27th of February. On that day the entry on the assembly journal is as follows, viz :
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