USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 36
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be joined by much larger numbers of people than, would have rallied beneath it at any former period. The poison was actively at work even in Albany." Mr. Stone further says, "that from the tenor of the intercepted dispatches the conclusion was irresistible, not only that a powerful invasion was about taking place from the north, but that very extensive arrangements had been made in Albany, and the towns adjacent, for the reception of the invaders, "whose standard the disaffected were to join, and whose wants they were to supply." " Under all these circumstances of internal and external dangers," continues Mr. Stone, " with but slender garrisons at the points of greatest exposure, and those so miserably provided that the soldiers were deserting by dozens, showing dispositions not equivocal of going over to the enemy, without provisions or the means of procuring them, and scarcely knowing whom to trust among their own people, lest the disaffection should prove to be more extensive than recent disclosures had taught the officers to suppose ; the spring of 1781 may well be considered as the darkest period of the revolution." 1
If Mr. Stone had sought for the causes of the weakness and imbecility of the New York government, he might have found one of its principal elements in its inappropriateness to the wishes and aspirations of a republican people. It is doubtless true that New York originally contained a greater proportion of tories than any other of the thirteen states, South Carolina perhaps excepted, and it is probably equally true that their numbers had been continually on the increase in consequence of the unsatisfactory manner in which the state government had been constituted and administered. A large portion of those who were strongly whig in sentiment and feeling, looked upon the rulers of the state with jealousy and distrust, as constituting an established aristocracy, having interests separate and distinct from those of the great body of the people ; men in whose election they had no part, over whom they had no control, and who were administering the government for the benefit of a class, rather than for the common good. Whoever will take the trouble to read the numerous memorials presented to the legislature from time to time, from different parts of the state, and especially those at the previous winter session, which are still preserved in the archives at Albany, cannot fail to perceive that such feeling was very extensive and general. Among the matters complained of as grievances were the restricted property qualification of voters, by which a large por-
1 Stone's Life of Brant, vol. 2, p. 142, 145, 146, 151, 153.
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tion of the people were excluded from any share in the government ; and also the participation in the administration of public affairs of the ordinance members and senators who comprised over one-third of the legislature. These had been appointed by the convention of 1777 as nominal representatives of the southern portion of the state in possession of the enemy, were then in the fifth year of their ser- vice, and were to hold their places while such possession of the enemy continued ; except in case of vacancies which, when occurring, werc to be filled by vote of one or the other of the two branches of the legislature. To these evils in the organization of the government the memoralists added as their supposed natural products, partial legislation, plurality of offices in the same person or family, office holding by members of the assembly, official corruption and general suffering and distress.
This, not altogether unreasonable dissatisfaction of the people of the northern frontier with the ruling authorities of New York, in connexion with their failure to furnish security against the appre- hended ravages of the common enemy, if they do not afford a proper justification, will at least be sufficient to account for the desire of such people to unite themselves with a more democratic government, whose power was deemed adequate to their protection.1
The articles of union agreed upon at Cambridge, were substantially the same as those which had been adopted on the formation of the eastern connexion. They, however, met with opposition from a portion of the eastern members, who were desirous of retaining the preponderating power of the state on their side of the Green moun- tain. With this desire, the annexation of the New York territory would interfere, as it would leave the state as heretofore about equally divided by the mountain. The articles were adopted by a vote of fifty-three ayes to twenty-four nays. Acts were then passed organizing the newly acquired territory into townships for purposes
1 Among the memorials at the winter session of 1781, was one from the committees of Charlotte county, assembled at White Creek, now Salem, which after enumerating several other grievances, declared that their ex- posure to the incursions of the enemy was such that if protection was not afforded them by the state, they would be obliged to abandon their habit- ations and remove into the interior of the country. Petitions from the inhabitants of Schaghticoke and the committees of Albany county have already been mentioned, in which among other grievances complained of, was the conduct of the government of New York, in opposing the independ- ent jurisdiction of Vermont. See assembly papers in the office of the secretary of state, Albany. Also Legislative Papers and Clinton Popers in the N. Y. State Library.
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of representation and local government, and to ensure to its inhabit- ants, the due administration of justice and equality of taxation. On the 18th of July Gov. Chittenden issued a proclamation announcing the annexation of the territory to Vermont.
Thus while New Hampshire and New York were extending their claims over the whole of Vermont and striving by every means in their powers to annihilate her jurisdiction, her statesmen, by resorting to a similar policy, were making alarming encroachments upon their territories, and this, on the application of their own dissatisfied citizens. By the two unions thus formed Vermont had greatly weakened the power of her adversaries and had added to herself an extent of territory fully equal to that over which she had originally claimed jurisdiction. No measures could have better exhibited the genius of her statesmen, and none could have more effectually contributed to sustain her independence. By this bold and decisive policy, she had augmented her resources, compelled the respect of her enemies, gained upon the confidence of her friends, and at the same time had quieted in a great degree the most serious disaffection at home.1
1 Jour. Vt. Assembly, April 11, and June 15 and 16, 1781. Slade, p. 138 - 141, and p. 430 - 432. Williams, p. 259, 260. I. Allen's Vt., p. 156, 157. Legislative Papers, N. Y. State Library, No. 2429.
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CHAPTER XXXI.
PROCEEDINGS OF CONGRESS FAVORABLE TO VERMONT. 1781.
Gen. Ethan Allen's communication to congress of Col. Beverly Robinson's letters inviting the Vermonters to unite with the crown and become a separate government - Letter of President Weare of New Hampshire complaining of encroachments by Vermont read in congress and referred to a committee- First report of committee recommitted and final report adopted, for the appointment of a committee to confer with agents that might be sent from Vermont - Vermont agents arrive and after conference with them the committee report a resolution in favor of the admission of Vermont on her relinquishment of her recent claims on New Hampshire and New York - The resolution adopted by the vote of all the states ex- cept New York -The legislature of New York protest against the reso- lution, and that of Vermont declines to accede to it.
BESIDES the effect upon the public mind of the enlargement of the territory of Vermont at the expense of New York and New Hampshire, there were other circumstances and events which tended to produce a feeling in the country and in congress favorable to her state independence. Among these, not the least perhaps, was the increasing apprehension, that if Vermont were allowed to be driven to extremities by her hostile neighbors, she might be induced to seek for her defence the aid of the common enemy This apprehension it was not for her interest wholly to counteract. It has already been seen that the controversy with New York in which the people of Vermont had long been involved, was well understood by the British ministry ; that the British officers had been instructed to encourage the separation of Vermont from New York, and that with the view of drawing her people over to the crown, the com- mander of the forces in Canada had the previous autumn, consented to a truce, highly favorable to them.
Further evidence of the efforts of the king's officers in the same direction had been furnished to congress in the spring of this year (1781) by the transmission to that body by Gen. Ethan Allen of two letters received by him from Col. Beverly Robinson, a prominent loyalist of New York city and a confidant of Sir Henry Clinton, the British commander-in-chief. The first of these two letters bore date at New York March 30, 1780. It stated that the writer had been informed that he (Gen. Allen) "and most of the inhabitants of Vermont were opposed to the wild and chimerical scheme of the
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Americans in attempting to separate the continent from Great Britain, and that they would willingly assist in uniting America again to Great Britain.". If this information were correct he wished Allen would write him, and stated that any proposals he should make would be faithfully laid before the commander-in-chief and he flattered himself " he could do it with as good effect as any person whatever." On the return of the people of Vermont to their allegiance he did not doubt they could obtain " a separate government under the king and constitution of England," and intimated that he and his Ver- mont friends would be allowed the honors and principal management of the new government. The second letter was dated February 2, 1781, and covered a copy of the former, under the apprehension that the original had not been received. In this the former offers were renewed with greater confidence, under the assurance that he now wrote by authority, and that the terms then suggested would be granted " provided he and the people of Vermont took an active part with the crown." The letter of Gen. Allen transmitting these to congress, is characteristic of the writer, and illustrates the spirit of the time. It.is as follows :
" SUNDERLAND, 9th March, 1781.
"Sir : Enclosed I transmit your excellency two letters which I received under the signature thereto annexed that they may be laid before congress. I shall make no comment on them, but submit the disposal of them to their consideration. They are the identical and only letters I ever received from him, and to which I have never returned any manner of answer, nor have I ever had the least per- sonal acquaintance with him, directly or indirectly. The letter of the 2d of February, 1781, I received a few days ago with a dupli- cate of the other, which I received the latter part of July last past, in the high road in Arlington, which I laid before Gov. Chittenden and a number of the principal gentlemen of the state, within ten minutes after I received it, for advice. The result after mature deliberation, and considering the extreme circumstances of the state, was to take no further notice of the matter. The reasons for such a procedure are very obvious to the people of this state, when that con- gress have previously claimed an exclusive right of arbitrating on the existence of Vermont as a separate government. New York, New Hampshire and Massachusetts Bay, at the same time, claiming this territory either in whole or in part, and exerting their influence to make schisms among her citizens, thereby, in a considerable degree, weakening this government, and exposing its inhabitants to
.
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the incursions of the British troops and their savage allies, from the province of Quebec.
" It seems that those governments, regardless of Vermont's con- tiguous situation to Canada, do not consider that their northern frontiers have been secured by her, nor of the merits of this state in a long and hazardous war, but have flattered themselves with the expectation that this state could not fail (without their help), to be desolated by a foreign enemy, and that their exorbitant claims and avaricious designs may, at some future period, take place in this district of country.
" Notwithstanding these complicated embarrassments, Vermont during the last campaign defended her frontiers, and at the close of it opened a truce with Gen. Haldimand, who commands the British troops in Canada, which continued near four weeks in the same situ- ation, during which time Vermont secured the northern frontiers of the state of New York, in consequence of my including them in the truce, although that government would have but little claim to my protection.
" I am confident that congress will not dispute my sincere attach- ment to the cause of my country, when I do not hesitate to say, I am fully grounded in opinion that Vermont has an indubitable right to agree on terms of cessation of hostilities with Great Britain, pro- vided the United States persist in rejecting her application for a union with them; for Vermont of all people would be the most miserable, were she obliged to defend the independence of the United claiming States, and they at the same time at full liberty to overturn and ruin the independence of Vermont.
"I am persuaded when congress consider the circumstances of this state, they will be more surprised that I have transmitted them the enclosed letters, than that I have kept them in custody so long; for I am as resolutely determined to defend the independence of Vermont as congress that of the United States, and rather than fail will retire with the hardy Green Mountain Boys into the deso- late caverns of the mountains, and wage war with human nature at large.
" I am with respect and esteem, Your excellency's most obedient servant,
ETHAN ALLEN.
" His Excellency,
Samuel Huntington, Esq.,
President of congress."
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EARLY HISTORY OF VERMONT.
Although congress took no direct action on this communication of Gen Allen, yet his bold and determined character as well as his patriotic services and sufferings in the cause of his country, were well known, and it was doubtless remembered, and probably exerted an influence in shaping the future measures of that body.1
On the 22d of June, immediately after the formation of the western union, the legislature of Vermont had appointed Jonas Fay, Ira Allen and Bazalcel Woodward, agents to congress, with full authority to negotiate the terms of a union with the United States, and on the ratification of such terms to take seats in congress, as delegates from the state. Messrs. Fay and Allen resided within the original limits of Vermont, and Mr. Woodward in the newly acquired territory from New Hampshire. Although these agents were thus carly appointed, they did not repair to Philadelphia until some time in the ensuing month of August. When they arrived there they found that very important measures in relation to Vermont, had been entered upon by congress .?
Ever since the hearing of the controversy by congress, the previous September, there had been a growing disposition in that body to recognize the independence of Vermont. Her people had always shown a patriotic devotion to the common cause of the coun- try, performing with alacrity and skill, as well as bravery, their full proportion of military service with their brethren of the adjoining states. They were evidently in earnest in their opposition to the claims of New York and New Hampshire, and as determined to maintain their independence of those states, as congress was that of the United States against Great Britain. Their recent encroach- ments upon the territories of those claiming states, were evidence of both the power and the popularity of their state government. It had already been in successful operation for more that four years, and to overthrow and break it up by outside pressure, and compel its inhabitants to submit to a jurisdiction which they detested, was an undertaking in which few were willing to engage, and which many would deem altogether impracticable.
1 Ethan Allen Papers, p. 327, 345, 347. Iru Allen's Vt., p. 153. Wil- liams's Vt., p. 262. Copies of these letters to Gen. Allen and of his to the president of congress, which latter had been written under the advice of the governor and council, were laid before the Vermont assembly on the 12th of April and their proceedings were by vote of that body approved.
2 Jour. Vt. Assembly, for June 22, 25 and 27. Livermore to Weare, Aug. 21, 1781.
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On the 9th of July the delegates from New Hampshire had laid before congress a letter from Pres. Weare, complaining of the extension of the Vermont jurisdiction to the eastward of Connec- ticut river ; stating that New Hampshire had been reduced to such a condition by defection in her western borders, that unless the evil were stopped, he feared the state would be " very soon ruined in a great measure, and would be unable to contribute further towards the war." This letter, with accompanying papers, was referred to a committee consisting of Messrs. Sherman of Conn., Mckean of Del., Carrol of MId., Varnum of R. I., and Madison of Va. While the matter was pending before this committee an intercepted letter from Lord George Germain the British minister to Sir Henry Clin- ton, commander of his majesty's forces in New York, was laid before congress, and soon afterwards published in the Pennsylvania Packet. It bore date the 7th of the preceding February, and contained a clause in the following language :
" The return of the people of Vermont to their allegiance, is an event of the utmost importance to the king's affairs ; and at this time if the French and Washington really meditate an irruption into Canada, may be considered as opposing an insurmountable bar to the attempt. Gen. Haldimand, who has the same instructions with you, to draw over those people, and give them support, will, I doubt not, push up a body of troops to act in conjunction with them to secure all the avenues through their country into Canada ; and when the season admits, take possession of the upper parts of the Hudson's and Connecticut rivers and cut off the communications between Albany and the Mohawk country. How far they may be able to extend themselves southward or eastward, must depend on their numbers and the disposition of the inhabitants."
This letter was conclusive evidence that the British generals in New York and Canada had orders to receive and support Vermont, and that the ministry were persuaded of the disposition of those people to join the king's government. In this latter particular the ministry were clearly mistaken, having been deceived by the adroit- ness of the Vermont leaders, as will fully appear hereafter. Lord Germain's letter, however, when considered in connection with Allen's letter and the rumors in regard to the truce between Gen. Haldimand and the Vermonters, and the frequent flags that were said to have passed between them, was well calculated to favor the cause of Vermont in congress. It furnished her friends, already numerous, and probably a majority, with the resistless argument
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against the claim of New York, that the public safety demanded the relinquishment of that claim.
The successful encroachment of the Vermonters upon the terri- tory of New Hampshire, had made the government of that state quite willing to acknowledge the independence of Vermont, provided the latter could be restricted to her original limits. Massachusetts, as has already been seen, had withdrawn her claim on condition that Vermont should be admitted into the federal union. And from the favorable proceedings of the New York legislature towards Vermont, the previous winter, it was in the absence of the New York delegates, who were not then in attendance on congress, confi- dently expected that she also could be induced to make a like relin- quishment on her part, and that the independence of Vermont might thus be recognized by the concurrent assent of all the claim- ing states.
With a view to bring about this desirable object, the committee, on the 31st of July, made a report recommending to the legislatures of New York and New Hampshire to relinquish their several juris- dictions over the state of Vermont, and to consent to her independ- ence according to her former extent. But the arrival of Messrs. Duane and L'Hommedieu, as delegates from New York, put an abrupt end to this plan of adjustment. The land claiming influence had again resumed the control of the New York legislature. Three days after the report was made to congress, and before it was acted upon, they presented to that body a memorial in which, after refer- ring to former resolutions and engagements of congress to determine the controversy, they declared " that they were expressly instructed by the legislature of the state of New York to urge congress, agree- ably to those said resolutions and engagements, to decide the con- troversy so long subsisting respecting the claim of independent jurisdiction set up under the pretended state of Vermont, and to take measures in the mean time for restraining the encroachments of the said inhabitants, at least within the bounds which they them- selves have, till the late extraordinary extension, considered, repre- sented and claimed as comprehending the New Hampshire Grants." Upon the presentation of this memorial the report was recommitted to the same committee.
This committee, in accordance with the request and demand of the New York legislature and delegates proceeded to take measures for deciding the controversy, not indeed as had been hoped by them by the establishment of the claim of New York, but in favor of the independence of Vermont.
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The following account of the proceedings of Congress on the report of this committee is copied from the journal of Aug. 7, 1781.
" Congress took into consideration the report of the committee, consisting of Mr. Sherman, Mr. McKean, Mr. Carroll, Mr. Varnum and Mr. Madison, to whom was recommitted their report on a letter of the 20th of June, from the president of New Hampshire, together with a motion relative to the subject, and thereupon came to the following resolutions :
" Whereas the states of New Hampshire and New York have submitted to congress the decision of the disputes between them and the people inhabiting the New Hampshire Grants, on the west side of Connecticut river, called the state of Vermont, concerning their respective claims of jurisdiction over the said territory, and have been heard thereon; and whereas the people aforesaid claim and exercise the powers of a sovereign, independent state, and have requested to be admitted into the federal union of the United States of America ; and in order thereto, and that they may have an oppor- tunity to be heard in vindication of their said claim :
" Resolved, That a committee of five be appointed to confer with such person or persons as may be appointed by the people residing on the New Hampshire Grants, on the west side of Connecticut river, or by their representative body, respecting their claim to be an independent state, and on what terms it may be proper to admit them into the federal union of these states, in case the United States in congress assembled shall determine to recognize their independence, and thereof make report :
" And it is hereby recommended to the people of the territory aforesaid, or their representative body, to appoint an agent or agents, to repair immediately to Philadelphia, with full powers and instructions to confer with the said committee on the matters afore- . said, and on behalf of the said people, to agree upon and ratify terms and articles of union and confederation with the United States of America, in case they shall be admitted into the union, and the said committee are hereby instructed to give notice to the agents of the states of New Hampshire and New York to be present at the conference aforesaid.
" Resolved, That in case congress shall recognize the independence of the said people of Vermont, they will consider all the lands belonging to New Hampshire and New York respectively, without the limits of Vermont aforesaid, as coming within the mutual gua- rantec of territory contained in the article of confederation ; and that the United States will accordingly guarantee such lands and
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