USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 40
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The legislature of Vermont, at its October session, had adjourned to meet at Bennington on the last day of January ; but a quorum for the transaction of business did not assemble until the 11th day of February, when the governor laid before thein, among other papers, the foregoing letter of Gen. Washington, and another of the 17th of January, on the same subject, from Gen. Oliver Wolcott, one of the delegates in congress from Connecticut. On the 16th, the subject of the relations of the state towards congress and the
1 Sparks's Washington, vol. 8, p. 220. Williams's Vt., 281, I. Allen's Vt. p. 221-225.
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claiming states was taken up in committee of the whole, the governor in the chair, and discussed from day to day until the 21st, when the legislature without a division, resolved to dissolve the eastern and western unions and to apply to congress for admission to the Union on the terms indicated by the resolutions of congress, of the 7th and 21st of the preceding August.
In pursuance of this determination, Jonas Fay, Moses Robinson, Paul Spooner, and Isaac Tichenor were appointed agents of the state to settle with congress the terms of admission of the state into the federal union, any one or two of them being authorized to take their seats in that body as delegates, as soon as the union should be con- summated. They were instructed to proceed immediately to Phila- delphia, and it seemed now that the long continued troubles of Vermont with her neighboring states and with congress were at an end, and that she might hereafter peaceably and quietly enjoy her independent jurisdiction.1
1 Journal of Assembly, February 11, 16, 18, 19, 20, 21, 22, 26, and 2Sth. Slade, 168-170. Williams's Vermont, 282. Ira Allen's Vermont, 214-217.
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CHAPTER XXXIV.
PROCEEDINGS OF CONGRESS FAVORABLE TO VERMONT.
1782.
Proceedings of Congress in relation to the non-compliance of Vermont in October 1781, with the resolves of the previous August - And also on the acceptance in February, 1782, by Vermont of the terms of those resolves and the relinquishment of her late claims of jurisdiction over new territory - A committee of congress report fully in favor of Vermont, but the report is not acted upon.
WE now return to the proceedings of congress in relation to Ver- mont. On the 17th of December 1781, a letter from President Weare, to the New Hampshire delegates in congress, with accompany- ing papers, giving an account of the late disturbances in the western part of that state, growing out of the claim of jurisdiction by Ver- mont, was read and referred to a committee of five. of whom Mr. Carroll of Maryland, was chairman. Sundry papers relating to simi- lar troubles in north-castern New York were afterwards referred to the same committee. On the 7th of January, 1782, the committee made a report which after being discussed on several occasions, was on the 21st recommitted to another committee of five of which Mr. Ellery of Rhode Island, was chairman : This committee reported on the 25th of January, and after debate on that day, and on the 2Sth, the whole subject was referred to a grand committee of one delegate from each of the thirteen states. A few days afterwards Jonas Fay and Ira Allen, who. with Elisha Paine and Abel Curtis, had been appointed by the governor and council of Vermont to repair to Philadelphia, and watch over the interests of the state, arrived and presented their credentials to congress. They had, Mr. Allen says, "repeated interviews with committees and members of that body, who appeared very much dissatisfied with the legislature of Vermont, for not complying with their resolves of the 7th and 20th of August." The agents in justification of the extension of the state jurisdiction, alleged that they were driven into the incas- ure as a means of self preservation against the prior hostile acts and claims of the two adjoining states ; that the orders of Governor Chittenden for calling out the militia both against New Hampshire and New York had the salutary effect intended, of preventing the
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effusion of blood, and of averting civil war, by making it apparent that opposition for the time being would be fruitless ; that the legis- lature had appointed commissioners to adjust with commissioners from those states the boundaries between them, but that they would not enter into any negotiation on the subject. On the 6th of Feb., they presented a memorial to Congress embodying the grounds of their justification in some detail, but without apparently producing any favorable impression. The grand committee on the 19th of February submitted their report from which it clearly appeared that the non-compliance of Vermont with the terms offered by congress, was viewed with strong disapprobation.
The report, after reciting the resolutions of congress of the 7th and 20th of August, the failure of the Vermonters to comply with them, and their attempts to establish their jurisdiction beyond the limits therein prescribed. proposed the adoption of resolutions in substanee as follows :
1. That the boundaries of the territory of the New Hampshire Grants were and should be as described in the resolution of 20th of August.
2. That in ease the inhabitants of the said territory, in one month after notice given of these resolutions to Thomas Chittenden, Esq., should relinquish their elaim to all territory without those bounda- ries and accede to the articles of confederation, their district should be acknowledged as a free and independent state and admitted into the union.
3. That in case the said inhabitants should not comply with the foregoing terms within the time specified, their neglect should be considered as a manifest indication of designs hostile to these United States, and that thereupon the forces of those states should be em- ployed against them ; and further that in such case congress would consider all the lands within the district to the eastward of the ridge of mountains as belonging to the state of New Hampshire and all to the west of the ridge to New York.
Another resolution was in these words :
" Resolved, That in case of the neglect or refusal of the inhabitants residing within the district aforesaid, to comply with the terms prescribed in the resolutions aforesaid, the commander-in-chief of the armies of these United States, do without delay or further order carry these resolutions as far as they respect his department into full execution."
This report, after debate on the day of its presentation, was again taken up on the first of March, when after an unsuccessful motion to amend the second resolution, another was made to strike out the
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whole of it, and on the question shall the resolution stand ? only six states of the thirteen voted aye, and the resolution was in effect re- jected. A vote was then taken on recommitting the report for further consideration, which was also lost ; these several votes very clearly indicating that congress, at that time, were averse to any action on the subject. If intelligence in those days could have traveled by electricity or even by steam, as at present, the debates and votes on this report would have been altogether unnecessary, the legislature of Vermont having seven days previous (February 22), dissolved both the eastern and western unions, and resolved to accede to the proposals of congress. The Vermont agents left for home the 2d of March, and met the news of the action of their legislature on crossing the Hudson at Fishkill.
The appointment by the Vermont legislature of Jonas Fay, Moses Robinson, Paul Spooner and Isaac Tichenor as agents to announce to congress the readiness of the state to accede to the proposals of that body, has already been mentioned. They bore a letter from Gov. Chittenden to Gen. Washington, thanking him for the kind notice he had taken of the affairs of Vermont, informing him of the com- pliance of the legislature with his advice in withdrawing their claim to the old limits of the state, and expressing " the highest expecta- tion " of the speedy admission of the state into the federal union.
The letter also called Gen. Washington's attention to the local situation of the state " as an extended frontier awfully exposing these infant plantations to the power and fury of the common enemy," and referred him for a more particular account of its situa- tion, to the bearer of the letter.1
Having arrived in Philadelphia, the agents on the 31st of March, addressed a communication to the president of congress, stating that in consequence of the resolution of that body of the 20th of August last, the state of Vermont had invariably pursued every measure in order to comply with it, in a manner that was consistent with the obligations she was under to the people inhabiting the east and west unions, and maintaining the peace and harmony of her citizens with those inhabitants. The letter enclosed an official copy of the resolutions of the legislature, declaring their compliance with the said resolution of congress, and also a duplicate of their commission
1 Papers of Continental congress in State Dept., Washington, No. 40, vol. 2. and No. 186. Sterens' Papers, vol. 8, p. 121-153. Jour. Cong., Jan. 25, 28, Feb. 19, and March 1, 1782. Williams's Vt., 285. Rec. Cor., vol. 3, p. 492. Ira Allen's Vt., 208-213. Mr. Allen expresses strong regret at this action of the Vermont legislature, but few will probably agree with him.
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under the great seal of the state empowering them in behalf of the state of Vermont, to subscribe the articles of confederation. This letter of the agents was read in congress the next morning, and together with all papers on the files, relating to the same subject, received since the said 20th of August, was referred to a committee consisting of Messrs. Clymer of Pennsylvania, Carroll of Maryland, Clark of New Jersey, Livermore of New Hampshire, and Law of Connecticut. On the question of commitment the yeas and nays were called, and the states of New York, Virginia and Georgia voted No, and South Carolina was divided, indicating that the compliance of congress with its overture of the 20th of August, was to meet with serious opposition.
The opponents of Vermont being dissatisfied with the manner in which the notice of the letter of the agents had been stated on the journal, Mr. Madison of Virginia, on the 3d of April moved to amend the record by entering upon it a copy of the proceedings of the Vermont legislature in October, 1781, declining to accede to the resolution of the 20th of August, and the protest of the legis- ture of New York of the 19th of the preceding November. The motion failed, but the papers having been copied into Mr. Madison's motion, appear on the journal as a part of it.
On the 17th of April, the committee, to whom the letter of the Vermont agents and other papers were referred, presented their report. It recited the resolution of the 20th of August, stating that it had been adopted by the vote of nine states, and reconsidered and reaffirmed on the 21st, and that in the opinion of the committee, the competency of congress to enter into the resolution was full and complete, notwithstanding the protest of the legislature of New York of the preceding November.
The following is the residue of the report, viz :
" That on the day of the people residing in the district called Vermont, in considering the said act of congress of the 20th and 21st of August, did reject the propositions therein made to them, as preliminary to an acknowledgment of their sovereignty and independence and admission into the federal union, as appears by their proceedings on the files of congress ; but that on a subsequent day, the aforementioned resolution of the 20th and 21st of August, being unaltered and unrepealed, and the proposition therein con- tained, in the opinion of your committee still open to be acceded to, the said people did, in their general assembly on the 22d of February last, enter into the following resolutions :
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" That the west bank of Connecticut river, and a line beginning at the northwest corner of the commonwealth of Massachusetts, from thence northward twenty miles cast of Hudson's river, as specified in the resolutions of August last, shall be considered as the east and west boundaries of this state. And that this assembly do relinquish all claims and demands to, and right of jurisdiction in and over any and every district of territory without said boundary lines.
" That in the sense of your committee, the people of the said dis- trict, by the last recited act, have fully complied with the stipulation made and required of them in the resolutions of the 20th and 21st of August, as preliminary to a recognition of their sovereignty and independence, and admission into the federal union of the states, and that the conditional promise and engagement of congress, of such recognition and admission, is thereby become absolute and necessary to be performed; your committee therefore submit the following resolution :
" That the district of territory called Vermont, as defined and limited by the resolutions of congress of the 20th and 21st of August, 1781, be, and it is hereby recognized and acknowledged by the name of the state of Vermont, as free, sovereign and independent ; and that a committee be appointed to treat and confer with the agents and delegates from said state, upon the terms and mode of the admission of the said state into the federal union."
On the presentation of this report, Mr. Scott of New York, seconded by Mr. Livermore of New Hampshire, moved that the first Tuesday of October be assigned for its consideration. For which motion only the states of New York and Virginia voted. Mr. Mont- gomery of Pennsylvania, seconded by Mr. Ellery of Rhode Island, moved that it be considered on the third Tuesday of June, in favor of which only the two states of Pennsylvania and Rhode Island could be obtained. Upon which, Mr. Middleton of South Carolina, seconded by Mr. Bee of the same state, moved that it be taken up on the following Monday, but only the two states South Carolina and Georgia voted for that day. The subject was then dropped. The proposal of congress of the 20th of August, to acknowledge the independence of Vermont had been made by the vote of nine states, and it was understood, that in accordance with the articles of con- federation, that number would be required to complete her admission into the union. Although a majority probably concurred with the committee in their report, it was obvious from the votes on these several motions that the friends of Vermont could not count on the
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requisite number to adopt it, and were, therefore, not ready to fix upon a time for taking it into consideration. Mr. Madison a few days afterwards, in writing to Mr. Pendleton, says, "The committee on the last application from Vermont have reported fully in their favor. The consideration of their report will not be called for, however, until the pulse of nine states beats favorably for it. This is so uncertain that the agents have returned." Mr. Madison, with the other delegates from Virginia, had voted for the resolution of the 20th of August, but they were now, from political considerations, opposed to carrying it into effect. Such was also understood to be the case with other southern delegates. The grounds of this opposi- tion, together with some account of the intrigues in congress that operated unfavorably to Vermont will be given hereafter.
The Vermont agents, disappointed at this result, immediately prepared to leave Philadelphia, addressing, before their departure, a brief letter on the subject to the president of congress, which letter, showing the unpleasant position in which the failure of congress to perform its engagement had placed the state, is deemed worthy of insertion. It is as follows :
" PHILADELPHIA, April 19, 1782.
"Sir : The situation in which congress has been pleased to leave the business of our mission, as agents and delegates from the state of Vermont, renders our attendance at present unnecessary.
" As the representatives of an independent and virtuous people, we esteem it our duty to inform congress that, in consequence of their faith pledged to us, in and by a resolution of the 20th of August last, and by official advice from sundry gentlemen of the first respectability in America, the legislature of Vermont have been prevailed upon to comply, in the most ample manner, with the resolution aforesaid.
"On the 31st ult. we officially acquainted congress with the said compliance, together with the powers vested in us, in full confidence that, from the integrity and wisdom of that honorable body, no obstacle could prevent our confederation and union with them.
" We are disappointed by the unexpected delay of congress, in executing, on their part, the intent and spirit of the resolve above cited.
"We would not wish to urge the attention of the grand couneil of America from matters of more consequence than merely the happiness of a state ; but the critical situation Vermont is reduced to, by casting off a considerable portion of her strength, in being
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exposed, as a forlorn hope, to the main force of the enemy in Canada, and destitute of the aid of the United States, in whose cause, at an early period, she freely fought and suffered, will, we presume, sufficiently apologise for being thus urgent, that unneces- sary delay may not deprive us of the benefits of the confederation.
We purpose to leave this city to-morrow morning, and expect to be officially acquainted when our attendance will be necessary, and have the honor to be, sir, your most obedient and humble servants,
" His excellency the President of Congress. !
JONAS FAY,
MOSES ROBINSON, ISAAC TICHENOR."
Jour. Cong. April 1, 3 and 17. Madison Papers, vol. 1, p. 121. Slade, p. 172.
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CHAPTER XXXV. DISTURBANCES IN WINDHAM COUNTY, AND MILITARY AFFAIRS.
1782.
Opposition to the Vermont authority in the south east corner of the state is encouraged by Gov. Clinton who appoints civil and military officers and advises them to resist the Vermont officers by force, which they do - Laws of Vermont enforced against them - The military used against the York- ers as a posse comitatus-The New York sheriff and regimental officers arrested, tried, convicted and banished the state, not to return under the penalty of death - Military affairs and further overtures from Canada.
TT was evident from the proceedings of congress that no depend. ence could be placed on the performance of their engagement, to admit Vermont into the union, and that the state curtailed of her enlarged territory by the deception that had been practiced upon her, must rely in future solely on her own separate exertions and resources to maintain her independence. Her situation was indeed critical. The relinquishment of the claim of territory to the east- ward of Connecticut river, had caused much dissatisfaction among its inhabitants, with whom a considerable number along the west bank of that river sympathized ; and intrigues were set on foot, and for sometime continued to induce the inhabitants to the eastward of the Green mountain to separate from Vermont and unite with New Hampshire, which intrigues were countenanced and encouraged by, at least, a portion of the men concerned in the government of the latter state. In the southeast part of the county of Windham, new troubles soon arose with some of the old friends of New York. On the formation of the eastern union in February, 1781, a general amnesty in favor of all who had previously denied the authority of the state had been granted by the legislature, and all open opposi- tion to its jurisdiction had ceased. Many who had formerly been disaffected, took the oath of allegiance to the state; the towns of Brattleboro, Guilford and Halifax, in which had been their princi- pal strength, had been ever since represented in the general assem- bly, and all had remained quiet. Even Gov. Clinton had apparently ceased to stimulate them to resistance. The civil and military officers whom he had several years previously commissioned, had
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long forborne to act, and no attempt to exercise authority under the New York jurisdiction, had been made for more than a year. But the dissolution of the union with the New Hampshire territory, was the occasion of considerable dissatisfaction, with some of the former New York opponents of the Vermont jurisdiction; and when it became known that congress had failed to admit the state into the union, after her compliance with the resolutions of the preceding August; the opposition became earnest and active.
On the 30th day of April, a petition prepared by Charles Phelps, was addressed to Gov. Clinton, by persons styling themselves " a committee of the towns of Brattleboro, Guilford and Halifax in the county of Cumberland ;" complaining of the Vermont government and asking that a regiment might be raised " in the county of Cum- berland " under the authority and pay of New York, and that probate judges, justices, coroners and all other officers might be commis- sioned under that state, and that the worst criminals might be carried to Albany or Poughkeepsie for trial. In answer to this petition, Gov. Clinton (May 6), promised to use his best endeavors to obtain commissions for the officers required. as soon as the council of appointment could be convened; and referring to the resolutions of Congress, of Sept. 24, 1779, and ignoring those of August, 1781, by which they had been superseded, declared that "if any person should under pretence of authority from the assumed government [of Vermont] attempt to enforce these laws," " resistance by force," was " in every point of view justifiable."
The legislature of Vermont, at its session in Feb., 1782, had passed an act for " raising three hundred able bodied effective men for the ensuing campaign," to be apportioned among the several towns "according to the common list of cach town." In case of non-compliance, the selectmen of any town might divide the inhabi- tants into as many classes as there were men to raise, and if a class failed to furnish its man they were directed to hire one and collect the sum paid of its delinquent members, by levy on their property under a warrant issued for that purpose. On the receipt of Gov. Clinton's letter, declaring " resistance by force " to be justifiable, the disaffected inhabitants of Guilford assembled and voted " to stand against the pretended state of Vermont with their lives and fortunes." A few days afterwards the execution of a warrant for the levy of fifteen pounds against the members of a delinquent class in that town, in the hands of a sheriff's deputy for the county of Windham, was resisted, and a cow which had been seized, was rescued from the possession of the officer by a mob.
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Another petition was now prepared, and was dispatched to Gov. Clinton at Poughkeepsie by Charles Phelps, who for several years was a leading spirit in the opposition to the Vermont authority. The object was to hasten the appointment of civil and military offices, that the jurisdiction of New York might be resumed and established, to which end it was deemed of the highest importance by Mr. Phelps that Chief Justice Morris of the New York supreme court should speedily, with the county judges to be newly appointed, hold " a court of oyer and terminer in the county of Cumberland " before which the offenders against the New York authority might if it should be deemed advisable be brought for trial. No project could possibly be wilder than this. The court house and jail were in possession of the Vermont authorities, and nine-tenths of the population of the county were opposed to the New York jurisdiction, which, indeed, had not for a long time been either exercised or claimed. Mr. Phelps failed to convince either Judge Morris or the governor of the feasibility of holding his desired criminal court, but obtained from Gov. Clinton commissions bearing date June 5, for the necessary complement of civil and military officers for the ideal county of Cumberland.1 The officers thus commissioned were three to adminster oath of office, seven justices of the quorum and of the court of oyer and terminer, and fifteen justices of the peace, Mr. Phelps holding one of each of these several offices. Timothy Phelps his son, was sheriff, and the regimental officers were Timothy Church Colonel, William Shattuck first major, Henry Evans second major, and Joel Bigelow adjutant. The field officers were directed to nominate those of inferior grade whom the governor soon afterwards commissioned, and he also engaged to appoint judges of the court of common pleas and other county officers whenever their services should be needed .?
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