USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 37
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the jurisdiction over the sanic, against any claims or encroachments from the inhabitants of Vermont aforesaid."
The committee chosen under the foregoing resolutions were Mr. Boudinot of New Jersey, Mr. Van Dyke of Delaware, Mr. Carroll of Maryland, Mr. Montgomery of Pennsylvania, and Mr. Randolph of Virginia.
James Madison, who was a member of the committee which reported the foregoing resolutions, and who as a delegate from a large and a southern state had always been opposed to the admis- sion of Vermont into the confederation, gave a brief account of the proceedings of congress on the subject at this period and of the causes which operated to produce the result to which that body came, in a letter to his friend Edmund Pendleton, which is deemed worthy of insertion here.
The letter is as follows :
" PHILADELPHIA, August 14, 1781.
" Dear Sir : The controversy relating to the district called Ver- mont, the inhabitants of which have for several years claimed and exercised the jurisdiction of an independent state, is at length put into a train of speedy decision. Notwithstanding the objections to such an event, there is no question but they will be established into a separate and federal state. A relinquishment made by Massa- chusetts of her claims ; a despair of finally obtaining theirs on the part of New York and New Hampshire, the other claimants on whom these enterprising adventures were making fresh encroach- ments; the latent support afforded them by the leading people of the New England states in general from which they emigrated ; the just ground of apprehension that their rulers were engaging in clandestine negotiations with the enemy ; and lastly, perhaps, the jealous policy of some of the little states, which hope that such a precedent may engender a division of some of the large ones, are the circumstances which will determine the concurrence of congress in this affair ."
Messrs. Fay, Allen and Woodward, who, as has been seen, had been appointed agents to congress by the legislature of Vermont. the previous June, arrived in Philadelphia about the middle of August, and were there first informed of the existence of the resolutions of the 7th of that month. Their credentials were submitted to the committee appointed under those resolutions ; but it appearing that they had been chosen to represent the state of Vermont as recently enlarged by its castern and western unions, and not the people on
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the New Hampshire Grants only, as contemplated by the resolution- of the 12th of August, the committee did not feel authorized to confer with them. The matter was accordingly referred to congress, who directed the conference to proceed with those gentlemen.
The conference took place on the 18th of August, and was carried on by questions proposed by the committee, to which the agents made answer. By the written answers of the agents, the committee were informed that if Vermont should be admitted into the federal union, her people would bear such a proportion of the expenses of the war with Great Britain as should be mutually judged equitable : that her government in settling the titles of land granted by New Hampshire, or by New York previous to the present revolution, had it "in contemplation to adopt such modes as the circumstances arising out of each case, might justify, without adhering to the strict rules of law ; " that in regard to those persons who had not performed the conditions of settlement of the lands granted them, it was the intention to allow them "a further reasonable time for ful- filling such conditions; " that the numbers of the inhabitants of Vermont, not including the eastern and western unions, were esti- mated at thirty thousand, and that the quantity of land in the same extent of territory was estimated at five millions of acres. To the question as to what applications had been made, either publicly or privately, by the enemies of the United States or their adherents, to draw off the people of Vermont from their affection to the United States, the agents replied that the committee were possessed of copies of Beverly Robinson's letters and of Brig. Gen. Allen's letter communicating them to congress, and that "any private offers they could not avouch for." The agents in answer to the question as to what aid, in men and provisions could be raised in the state of Vermont, in case of invasion by the enemy, replied, that there were within the limits of the state as before circumscribed, a body of seven thousand militia, that they were in general " well armed and accoutred," and had ever shown themselves "spirited in case of alarms;" that as regarded provisions, the country was fertile, but new; that emigrations from the other states were frequent; that the legislature had at their session in October last, levied a tax on the inhabitants sufficient to victual fifteen hundred troops in the field for twelve months, and that a larger store of provisions could pro- bably be collected during the ensuing autumn.
At the same time the agents presented to the committee their proposals for the admission of Vermont as one of the United States. The terms on which they desired admission were, that the state
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according to its original limits to the westward of Connecticut river should be admitted a member of the confederation, that delegates from it should be allowed to take their seats in congress as soon as the union should be completed; that the claims of New Hamp- shire and New York, to the eastern and western unions should be determined by a court of commissioners constituted in the mode prescribed by the article of confederation, and that Vermont should have the same right as any other state on application to congress, to be heard in the settlement of the controversy.
These proposals were disapproved by the committee, who on the 20th reported to congress and recommended the adoption of the following resolution :
" Resolved, That it be an indispensable preliminary to the recog- nition of the independence of the people inhabiting the territory called Vermont, and their admission into the federal union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river, and on the west side of a line, beginning at the northwest corner of the state of Massachusetts, thence running twenty miles east of Hudson's river, so far as the river runs northeasterly in its general course ; then by the west bounds of the townships granted by the late government of New Hampshire to the river running from South bay to Lake Champlain, thence along the said river to Lake Champlain, thence along the waters of Lake Champlain to the latitude of forty-five degrees north, excepting a neck of land between Massiskoybay and the waters of Lake Champlain."
This resolution was understood and treated as a virtual engage- ment on the part of congress to acknowledge the independence of Vermont and admit her a member of the federal union, whenever she should consent to restrict her boundaries to the limits therein prescribed, which were in substantial accordance with her original claim of territory. On the question of agreeing to the resolution, the yeas and nays were taken, when twelve states, being all except New York, voted in the affirmative. The only delegates who voted in the negative were Mr. Duane and Mr. L'Hommedieu from New York, and Mr. Matthews one of three in attendance from North Carolina. 1
1 Jour. of Cong., Aug. 3, 7, 8, 17 and 20th, 1781. Continental Congress Papers, State Dep., Nos. 40 and 191. Madison Papers, vol. 1, p. 96. Clinton Papers, Nos. 3862, 3870, 3878, 3916, B. II. Hall's Ms. Williams's Vt., p. 273. I. Allen's Vt., p. 176. Slade, p. 157 -160. Letters of Sullivan to Weare, of July 10, July, 17, and Aug. 21, 1781. Huldimand Papers, vol. 1,
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On being furnished with copies of the foregoing resolutions of congress, Gov. Clinton addressed a letter to the New York delegates arguing at great length that congress had no authority under the articles of confederation, to recognize the independence of Vermont and admit her a member of the federal union, and insisting that a decision in her favor in the manner contemplated by congress would be a mere nullity. This argument, which seems to have been approved by the delegates, was in a subsequent letter, by him, restated and amplified; and when the legislature met in November following, the subject was taken up and on the 19th of that month a very long report was adopted, reiterating the same view of the subject, and protesting in the most decided language against any such unauthorized "assumption of power" by congress. The amount of all this argument, stripped of its technicalities and special pleading, was, that congress under the submission to them had full authority to decide the controversy in favor of New York, but none whatever to determine it in favor of Vermont.
If this view of the case were correct, it is apparent that Mr. Jay and his associate delegates from New York must have practiced a fraud upon the friends of Vermont and upon congress in procuring the passage of the submission resolutions of September, 1779, those resolutions having been advocated by them and universally under- stood as providing for a full hearing of the controversy and for its decision in favor of whichsoever of the contending parties it should be deemed right and proper. No such fraud could have been con- templated. Undoubtedly the New York delegates expected a decision in their favor and were under no apprehension whatever that it could possibly be against them. They therefore meant to offer and did offer to Vermont the opportunity to be heard before a tribunal having full authority to decide in their favor, in order as stated by Mr. Jay in his account of the resolutions to Gov. Clinton that " congress might be rescued from aspersions." and that the Vermonters "after having been fully heard, might have nothing to say or complain of, in case the decision of congress should be against them," of which he adds, " I have no doubt."
p. 439. This resolution is entered on the journal of congress of the 20th of August and is not mentioned on that of the next day. It appears however from the report of a committee found on the journal of the 17th of April, 1782, that it was reconsidered and reaffirmed on the 21st of August. This will account for its being sometimes referred to as a resolution of the 20th and at others as of the 21st and again as of both dates.
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It is true that the articles of confederation did not provide for the determination of a dispute between a people claiming a separate jurisdiction, and a state of the confederacy claiming them as its subjects, and for that very reason the resolutions of congress called on the contesting states to pass laws expressly conferring such authority on congress. New Hampshire and New York responded to the call, the law of New York enacting, among other things, that congress might " determine the question of jurisdiction between the people on the west side of Connecticut river and New York, cither by themselves, or by commissioners under the ninth article of the con- federation." There was, therefore, no foundation whatever for the denial by the governor and legislature of New York of the power of congress to decide the controversy in favor of Vermont.
The annual election for state officers in Vermont took place two weeks after the passage of the resolution of congress of the 20th of August, before it could have been known to many, if indeed to any, of the electors. The legislature, in obedience to a resolve of the previous assembly, met at Charlestown on the east side of Connecti- cut river, on the second Thursday of October. . The assembly con- sisted of one hundred and thirty-seven members, representing one hundred and two towns. Of these, sixty members from forty-five towns were from the territory which had lately united with the state from New Hampshire. Of the twelve councilors, two were from the same territory. Thomas Chittenden had been reelected governor, but there being no choice of lieutenant governor, Elisha Paine, from the New Hampshire side of the river, was chosen by the legislature. When the resolution of congress, of the 20th of August, which was in effect an offer to admit Vermont into the federal union according to the original extent of her territorial claim, was laid before the general assembly, its members were not prepared to accede to it. Those from the eastern union were anxious to remain annexed to Vermont, and many on the opposite side of Connecticut river sympathized with them. Those who would have been glad to accept the terms offered by congress, felt under obligations to their new friends and were unwilling to insist upon an abrupt separation from them.
After a full discussion, a plan, in connexion with certain proposals to be made to the two adjoining states, was agreed upon by general consent, for adhering to the two unions. The proposals to New Hampshire were that the legislatures of that state and Vermont should, by committees appointed for that purpose, mutually agree " upon five or more judicious and unprejudiced persons," to whom
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all questions of boundaries between them should be submitted, and whose determination should be final and conclusive. The like proposition was to be made to New York. The legislature then appointed commissioners to treat with the two contesting states in regard to boundaries, and also passed a resolution declaring their willingness, whenever Vermont should " become united with the American states " to submit all disputes with other states to congress. The proceedings of the legislature on this subject, which were con- cluded the 19th of October, were directed to be officially transmitted to congress by the governor.
After a session of about three weeks, the legislature adjourned to meet at Bennington on the last Thursday of the ensuing January. Thus the end of the year 1781 found the legislature of Vermont unprepared to accept the favorable terms offered her by congress, and the legislature of New York protesting against the validity of the action of congress. 1
1 Gov. Clinton to delegates, Aug. 25 and Sept. 18, 1781. Legislative Papers, State Library, Albany, No. 2135, 2442. . Slade, p. 160 to 166. Life of Jay, vol. 1, p. 92. Jour. of Cong., Sept. 24, 1779. Journal Vermont Assembly, Oct. 16, 17, 18, 19 and 27th, 1781. I. Allen's Vermont, p. 193-200.
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CHAPTER XXXII.
NEGOTIATIONS WITH CANADA.
1781.
"THE subject of the negotiation of the Vermonters with the British authorities will now be resumed. Hitherto the matter has been considered only in the light in which it appeared to the public and to congress, from the letters of Col. Beverly Robinson to Gen. Ethan Allen and his communication transmitting them to congress; from the forbearance of Gen. Haldimand to molest the territory of Vermont in his invasion of the northern frontier and his granting a truce to Gen. Allen; from the intercepted letter of the British minister in which he spoke of "the return of the people of Ver- mont to their allegiance " as an event either already accomplished, or about to be ; and from the suspicions which the mysterious inter- change of flags between Vermont and Canada, aided by common rumor, had occasioned. We are now to go behind the curtain which seemed to be drawn by the Vermonters around their transactions, for the purpose of ascertaining what were their real dealings with the enemy, by what motives they were governed, and what was the effect of their proceedings on the affairs of the state and on the com- mon cause of the country.
Within a few years past, copies of all the papers of Gen. Haldi- mand in relation to the negotiation have been obtained from Eng- land, and are preserved in two manuscript volumes in the office of the secretary of state at Montpelier. These, in connection with the facts before known and especially with the account given of the negotiation by Dr. Williams and Ira Allen in their histories of Ver- mont, furnish very full materials for such examination. The subject in all its details might occupy a volume. Its character and effects may however be sufficiently seen by a more general outline.
In the letter of Gen. Haldimand to Gov. Chittenden, which was sent to Gen. Allen by Major Carleton in October 1780, he expressed some unwillingness to comply with the governor's request for an exchange of prisoners, but said, " if you will send me a proper person with full powers, to Major Carleton at Crown Point or St. Johns to confer upon this business I shall authorize the major to receive him." In Maj. Carleton's letter to Gen. Allen, enclosing
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this, he stated that he had authorized Captain Sherwood to treat with Governor Chittenden on the subject.1 These two letters having been read before the Vermont Assembly, on the 31st of October, the application of the governor to Gen. Haldimand for an exchange of prisoners was approved and the governor was advised " to appoint and empower some suitable person or persons to negotiate the settle- ment of a cartel with Major Carleton, agreeable to Haldimand's proposals." In pursuance of this vote of the assembly the governor by the advice of his council, two days afterwards, commissioned Col. Ira Allen and Major Joseph Fay for that purpose. They proceeded immediately on their mission, and having met Capt. Sher- wood and Mr. George Smith, who had been appointed commissioners on the part of the British, they all agreed to go into Canada together. When they arrived at East Bay they found that the ice, which was already forming, obstructed their way. After spending several days in endeavoring to break through the ice, it was agreed on account of the condition of the lake, that Messrs. Allen and Fay should return to Vermont, and that they should see that commissioners should repair to Canada as soon as circumstances would admit. During the time the commissioners were together, " much political conversation and exhibits of papers," says Ira Allen, " took place." 2 This " political conversation " having been reported to Gen. Haldi- mand, he was undoubtedly led to believe there was a fair prospect of his being able, by offering suitable inducements, to detach the Vermonters from the American cause, and bring them over to the support of the crown. Accordingly, under date of December 20th, he prepared written instructions to his commissioners for that pur- pose, authorizing them to offer to the people of Vermont a separate government under the crown, with extensive popular privileges, and special rewards to those who should be instrumental in bringing about the change.3 But the obstacles to a winter communication between Vermont and Canada were such as to postpone any further negotiations until the ensuing spring. Dr. Jonas Fay was, indeed, commissioned by the governor of Vermont to go on the business during the winter, but after proceeding on the ice of the lake as far as Split Rock, he found it insufficient for further traveling and was obliged to return.
The situation of the state on the opening of navigation on the lake, of which the enemy had the complete command, would be one
1 Steren's Pupers, vol. 6, p. 369.
2 Ira Allen's Ilist., p. 152, 153. William's Vt., 265.
3 Haldimand Papers, vol. 1, p. 193-121. Ira Allen's IIist., p. 153.
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of extreme peril. The force in Canada from an apprehended inva- sion had been increased, and was altogether too large to be resisted by any body of troops that Vermont could keep in the field. The state would be constantly exposed to sudden invasion and ravage by a cruel enemy, and although a frontier to both New York and New Hampshire, they were each claiming her territory, and in order to weaken her, were apparently quite willing she should encounter the enemy alone. Congress, by the influence of those claiming states, as was believed, had withdrawn from her territory all continental troops and munitions of war, and had declined to furnish either pro- visions or pay for the men of the state who were guarding her frontier. Left alone to her own resources, which were clearly in- sufficient to enable her to make successful resistance to the common enemy, by force of arms, her statesmen were compelled for their defence " to resort to policy in the room of power."
In April Col. Ira Allen was commissioned to continue the nego- tiation for the exchange of prisoners, and he was specially instructed by " the governor and his cabinet council " to make use of every possible means to prevent further hostile attacks from the enemy, which it was well understood could only be done by making their commander believe that Vermont, at no very distant day, would conclude with him a separate peace and submit to the authority of the crown.
Col. Allen reached the Isle aux Noix (a few miles north of Canada line) about the 8th of May and spent seventeen days in conference with the British commissioners. The negotiation on the part of Col. Allen was mainly verbal, though he found it necessary, in order to ob- tain the confidence of Gen. Haldimand to transmit him various papers showing the proceedings of the state government and the relations in which it stood to congress and the neighboring states. A daily journal of the conference was kept by the British commissioners, of which a copy covering twenty manuscript pages is found in the Haldimand papers, and an account of it is also given by Ira Allen in his history.
It was proposed by the British commissioners, in accordance with Gen. Haldimand's instructions, that the territory of Vermont should be a colony under the crown, with privileges equal to those enjoyed by any other colony, and that those who assisted in effecting such an event should be duly honored and rewarded. It was further proposed that two loyal battalions should be raised in Vermont to be officered and commanded by such men as the Vermont leaders should designate, who should be entitled to the British half pay
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provision ; that a force of not less than three thousand men should be sent to cooperate with them against the other states, to advance as far as Albany and engage in such other offensive operations as circumstances should permit. They wished to conclude a treaty at once. Allen's object was delay. To obtain which and to keep the British forces inactive, he represented that although the principal men in the Vermont government, in consequence of the hostility of the neighboring states and of congress, were desirous of returning to their allegiance, yet that a very large portion of the people, who had always been ardent whigs, were by no means ready for the change; that time must be given to prepare their minds for it ; that by granting a cartel for the exchange of prisoners and an armistice, their feelings would be conciliated and they would appreciate the advantages of a reunion with Great Britain, and be induced to unite in the measure. He further stated, that he had no authority to conclude a treaty, and that such authority could only be given by the legislature, which was to meet about the middle of the ensuing June; that at such meeting the eastern and western unions with the state would be further consolidated, by which it was expected Vermont would be greatly strengthened, and made the more ready to enter into the proposed treaty ; that every exertion would be made by him and his associates in the government of Vermont to induce the legislature to appoint commissioners to enter into a treaty, though he could not positively engage that success would attend their efforts; but that a full report of their proceedings should be made to Gov. Haldimand by the 20th of July ensuing. Upon these assurances the British commissioners consented to a cartel for the exchange of prisoners and made " a verbal agreement that hostilities should cease between the British and those under the jurisdiction of Vermont until after the session of the legislature, and until a reasonable time afterwards for a commissary of prisoners to go on board the Royal George in Lake Champlain, and even longer if prospects were satisfactory to the commander-in-chief." 1
On Allen's return home he gave a full account of his negotiation to Gov. Chittenden and those of his advisers who were associated in the measure ; and in order that they might all share in its dangers and responsibility, he took from them a certificate in writing as follows :
' Haldimand Papers, vol. 1, p. 67-103, 203-241, 273-277, 287, 289. Ira Allen's HIist., 161 - 171. Life Chittenden, 266. Williams's Vt., 266.
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