USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 52
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Whether the merit of extending this Dellius claim eastward into the territory of the New Hampshire Grants, is due to the inventive genius of Mr. Duane or to that of some of his land claiming contemporaries, is per- haps doubtful. In a report made January 6, 1772, by a committee of the New York council, of which Mr. Smith the historian was chairman, in op- position to the validity of the French Grants on Lake Champlain, certain recent patents by the New York goverment, to reduced officers and soldiers, and also this ancient Dellius patent are mentioned as interfering with those grants, and the report recommended the preparing of a map by the surveyor general "exhibiting the French Grants and the Englishi patents to the northward of Crown Point to be laid before his majesty with all convenient speed." The map found in the first volume of the Documentary History of New York, at page 572, is presumed to have been made in pursuance of this report. It exhibits with a red line what pur- ports to be the northern boundary of the Dellius patent running east from Split Rock, but is silent in regard to its other boundaries. Doubtless for the reason that the surveyor general was unable to find them east of the lake. Under date of the 5th of January, 1773, Gov. Tryon, in a letter to Lord Dartmouth denying the validity of the French claims, says this Dellius grant " comprehends a large tract extending from Saratoga along Hudson's river, the Wood creek and Lake Champlain on the east side upwards of twenty miles to the northward of Crown Point." A few weeks later the idea is incorporated into Mr. Duane's State of the Right in the language before recited. Nothing indicating such a construction of the language of the patent is found prior to these dates. The grant is referred to in a report to the crown by the English board of trade in 1690, and in other official papers of a subsequent date, and also by Mr. Smith in his history of New York, and is always treated as bounded on the west by the Hudson river, and never as lying east of Wood creek or Lake Champlain. (See Col. IIist. N. Y., vol. 4, p. 391, vol. 5, p. 11, 22, and Smith's N. Y., vol. 1, p. 155, Doc. IIist. N. Y., vol. 1, p. 567 - 571, 576.)
It is thus seen, that this famous grant which has so long been claimed as evidence of the exercise of ancient jurisdiction by New York over the territory of Vermont, cannot by any conceivable process be made to reach eastward to its western boundary. Having thus gone through with the list of New York patents which are claimed to cover lands to the eastward
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of a twenty mile line from the Hudson, or eastward of Lake Champlain, we have seen that only one of them could possibly have been supposed from its language, at the time it was made, to extend beyond that line, and that the language of that was of doubtful construction ; and further, that the grant was made under such circumstances as to deprive it of all force as a claim of jurisdiction, whatever may have been its meaning. Indeed the fact that the New York government for a period of one hundred years from 1664, abstained from making grants to the eastward of a line coming so near their settlements on the Hudson as twenty miles, furnishes very strong evidence that such line and not Connecticut river, had during all that period been regarded by that government as the eastern limit of the province.
APPENDIX NO. 8.
[See page 169.] COL. JOHN H. LYDIUS.
John Henry Lydius, the land claimant mentioned in the text, was the son of a Dutch minister, was born at Albany, in 1694, and lived to the very great age of 98. He became an Indian trader and went to Montreal about 1725, abjured the protestant faith and declared himself a catholic. He there married a half-breed woman, became familiar with the French and Indian languages, and was active in his intercourse with the Indians. His sincerity as a catholic was eventually doubted; he was suspected of being concerned in carrying on an illicit trade with the English, and in 1730, was tried as a spy and banished. (Col. Hist. N. Y., vol. 9, p. 19, 1021.) He returned to Albany, where his intercourse with the Indians continued. Under date of February 1, 1732, he obtained a paper purporting to be a deed with the names and marks of certain Mohawk Indians attached, of two separate parcels of land of most extravagant dimensions. One of the tracts was wholly in the present limits of Vermont, and extended southerly sixty miles from the mouth of Otter creek, by twenty-four miles in width, containing over nine hundred thousand acres; the other, more than half as large, embraced a great portion of Wood creek, and extended twenty miles down the east side of the Hudson. In a pamphlet published at New Haven, Conn., in 1764, under the auspices of Lydius, the consideration of the deed is stated to be the eminent pious services of his father "a minister of the gospel at Albany," in instructing the Mohawks, and the continua- tion of such instructions by the son. At a council with the Six Nations in 1755, at which Lydius was present, an Oneida sachem addressed Col. Johnson, the Indian superintendent, as follows : "Brother, you promised us that you would keep this fire place clean from all filth, and that no snake should come into this council room. That man sitting there,
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(pointing to Col. Lydius) is a devil, and has stole our lands. He takes Indians slyly by the blanket, one at a time, and when they are drunk, puts some money into their bosoms and persuades them to sign deeds of their lands." This was in reference to a deed of lands on the Susquehanna. (Col. Hist. N. Y., vol. 6, p. 984.) It is not likely that the mode in this case differed much from that in relation to the lands on Wood and Otter creeks. In regard to these lands and especially those on Otter creek, it is by no means certain that the Mohawks ever claimed that they were within their hunting grounds. In a representation of the New York council to Gov. Monckton, in Jan., 1763, it is denied that the Mohawk Indians had any However that may be, Lydius
claim at the date to either of the tracts. some years after the date of the deed became a confidant of Gov. Shirley of Massachusetts, assisted him in his transactions with the Six Nations and in his controversy with Col. Johnson, and obtained from him a commission as colonel of the Indians. He also procured from him a paper bearing date August 31, 1744, purporting to be a confirmation of his Indian deed, and an absolute conveyance to him of the lands it described in fee, “in obedience to his majesty's special command of the 5th of October last." This was altogether out of the ordinary mode of making grants by the king, and from the character and needy circumstances of Gov. Shirley, there is no reasonable doubt that he was induced to issue the document without any authority whatever. If there had been any such command of the king, it would have been in writing, and a copy of it would undoubtedly have been given in the pamphlet before referred to. But no such writing was ever exhibited - or ever claimed to be in existence.
About the time of Shirley's decd, Col. Lydius appears to have built a house on his Wood creek tract near Fort Edward, and to have afterwards resided there a portion of the time for several years. (Col. Hist. N. Y., vol. 9, p. 1101-2, vol. 10, p. 42, 144, 146. No. 49 on map in Col. Hist. N. I., vol. 1, p. 556. Dr. Fitch's History of Washington, Co., p. 903.) Immediately on the close of the French war in 1760, he seems to have taken active measures to dispose of his Shirley lands. Calling the Otter creek tract fifty-eight miles in length by twenty-four in breadth, he divided it (on paper) into thirty-five townships, of about thirty-six square miles each, numbering and giving names to each of the townships. No. 7is called Durham, which perhaps embraces the same land afterwards patented by New York by that name. He also plotted in a similar manner his Wood creek claim. In the New Haven pamphlet before referred to, it is stated that Lydius, "in the year 1760, gave out several townships of land, the first to Connecticut people, and others to those of New York and Rhode Island, on the moderate rent of five shillings sterling per hundred acres, improv- able land ; first payable twenty years after the date of his leases." If we suppose two thirds of the Otter creek tract to be improrable land, and to be leased at the above rate, it would produce an income of about three thousand dollars per annum. But as the first rent was not payable till the end of twenty years, and the title long before the expiration of that time became utterly worthless, it is not probable that he realized much from the grant. He is supposed however to have carried on a lucrative trade with the Indians for a series of years, and he might perhaps have been in good pecuniary circumstances. He was in England in 1767, soli-
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citing the government for aid in a controversy with the New York gov- ernment and perhaps for compensation for services alleged to liave been rendered in America, in which he was probably unsuccessful. (Ms. Diary of Wm. Samuel Johnson.)
He never returned to America but died near London in 1791. The Gen- tleman's Magazine for April of that year contains a biographical notice of him, written, it would seem, by a scrivener, who had known him for some time previous to his deathi, and who was called upon to write his will. His account of the deceased, by the extravagance of its statements imposes a heavy tax on our credulity. The writer among other things says he was shown by the deceased an "Indian deed with a great number of seals and uncouth Indian names." Also " another writing for a large tract of country containing many millions of acres, the consideration he paid for it being 11,000 pounds," equal to 55,000 dollars. "The extent of his territory reached from sea to sea." Holland was the country of his ancestors, where he had been made a baron. " As a christian he was firm and sincere." " His humanity he amply evidenced by settling 2700 fami- lies with habitations, and when he left America strictly commanded his children to support and succor them in his absence, as the means to obtain the blessing of heaven." It appears from this account that one of his daughters had married and died in England, and that another the wife of a Col. Cuyler, was then living in America. This daughter is mentioned by Dr. Fitch in his history of Washington county (p. 904) as having after- wards died at Greenbush, N. Y.
It is difficult to determine the precise character of Col. Lydius. That his manners and address were prepossessing, and that he was well stocked with the kind of talent that fitted him for an Indian trader and land speculator there can be no doubt. He incurred the displeasure of Sir Wm. Johnson and other New York officials, who give him an unfavorable character. His land claims certainly have a bad odor.
See further in relation to him, Stone's Life of Sir Wm. Johnson, vol. 1, p. 159, 272, 289, 291, 464, 502, 504 ; vol. 2, p. 187. Index to the Colonial History of New York, title Lydius.
APPENDIX NO. 9.
[See pages 239, 246.]
THE NAME VERMONT, AND DR. THOMAS YOUNG.
In giving a copy of the declaration of independence by the convention of January, 1777, at page 239, I have not inserted the words "alias Ver- mont," after those of New Connecticut, from a conviction, after a careful examination, that they do not belong there. These words are found in Slade's State Papers (p. 70), and in Williams's History of Vermont, and also in the manuscript copy in the possession of James H. Phelps ; but I think 62
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they must have been inconsiderately added to the journal or an early copy of it, by way of explanation, after the name Vermont had been adopted in lieu of New Connecticut, and afterwards, in transcribing, erroneously taken as a part of the original. My reasons for believing that the "alias Vermont," was not in it, are the following :
1. The very great improbability, not to say absurdity, of supposing that the convention would have specified two names for their new state, allowing either of them to be used, or that both should be used, the latter preceded by an alias.
2. In the rendue of the journal of the convention, not found in Slade, but in a copy in the possession of Mr. Phelps, the new state is twice called by the name of New Connecticut, and the name of Vermont is not again mentioned. Thus, in the journal, we read as follows :
" 12th, voted that the declaration of New Connecticut be inserted in the newspapers."
" 14th, voted that Dr. Jonas Fay, Col. Thomas Chittenden, Dr. Reuben Jones, Col. Jacob Bayley and Capt. Heman Allen be the delegates to con- vey the remonstrance and petition to the Hon! Continental congress, and further to negotiate business in behalf of New Connecticut."
3d. In the supplementary declaration published by the June convention in the Connecticut Courant of June 30, 1777, where the name Vermont was officially adopted, the reason for the change is stated to be that when the name New Connecticut was given to the state, it was unknown to the convention that there was already a territory of that name on the Susque- hanna river, and it is then declared that " instead of New Connecticut, the said district shall ever be known by the name of Vermont," which lan- guage excludes the idea that the name Vermont could have been mentioned in the former declaration.
4. Ira Allen who was a member of the January convention and was fami- liar with all the proceedings in forming the new state, in his history (page 78 and 79) inserts what purports to be the declaration, in which he gives the name of New Connecticut only, omitting the alias.
5. In the declaration and petition of the agents of Vermont to congress presented April 8, 1677 announcing their formation of a separate state, no . name for the state is mentioned, probably for the reason that the agents had learned that the name of New Connecticut was already appropriated to another territory. If the name Vermont had been in the original de- claration they would very likely have used it.
All accounts concur that the name of Vermont was given to the state by Dr. Thomas Young of Philadelphia. Ira Allen says in his history that "the name Vermont was given to the district of the New Hampshire Grants, as an emblematical one, from the French Verd-mont, Green moun- tain, intended to perpetuate the name of the Green Mountain Boys, by Dr. Thomas Young," etc. In a petition to the Vermont assembly in behalf of the widow of Dr. Young, signed by Thomas Chittenden, Ethan Allen and Joseph Fay, in 1785, they speak highly of Dr. Young's services in establishing the independence of the state, and say that " to him we stand indebted for the very name of Vermont."
The first appearance of the name in print was, without doubt in the letter of Dr. Young dated the 11th of April, 1777, addressed "to the in-
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habitants of Vermont a free and independent state." At the date of the letter the agents appointed to present the declaration and petition for a new state, to congress, Jonas Fay, Thomas Chittenden, Heman Allen and Reuben Jones, were in Philadelphia, where they doubtless learned what had been unknown to them in January, that there was already a New Con- necticut on the Susquehanna river, and that it would therefore be neces- sary to find another name for the state. That of Vermont being proposed by Dr. Young was no doubt approved by those gentlemen, and was thus announced in his letter under the expectation that it would be adopted by the convention that was to assemble in June following, as was then actually done by a unanimous vote. This seems to be a natural explana- tion of the origin of the name, and of the reason for its adoption, and I cannot entertain any doubt that only the name of New Connecticut was in the original deelaration.
The services and influence of Dr. Young in promoting the independence of our state and in forming its first constitution were doubtless very con- siderable. His letter " to the inhabitants of Vermont" before mentioned, besides the paragraph which had incurred the censure of congress, con- tained a brief argument in favor of a constitution having but a single legislative body, with an advisory power only in the executive, and recom- mended the constitution of Pennsylvania as a model, and this recom- mendation was followed. He was an old acquaintance of Ethan Allen, they having resided near each other for some time, the one in Dutchess county, New York, and the other at Salisbury, Conn. Dr. Young had also resided in Albany, and afterwards in Boston, and had removed to Philadelphia about the beginning of the revolution. He was an active and ardent patriot at an early day, and a political writer of some note. He was associated with James Otis, Samuel Adams, Joseph Warren, and other distinguished whigs of Boston, in their resistance to the oppressive measures of the crown, and his name is found with theirs on most of their committees, for several years before the breaking out of the war. On the day of the destruction of the tea, he with Samuel Adams addressed the great public meeting in favor of the resolution that no tea should be al- lowed to be landed, and he was doubtless aware of the manner in which it was to be destroyed. John Adams, speaking of Paine's notions of govern- ment as shown in his Common Sense, says they flowed from ignorance " and a mere desire to please the democratic party of Philadelphia, at whose head were Mr. Matlock, Mr. Cannon and Dr. Young." He further says that Matlock, Cannon and Young had influence enough to get the plan adopted in substance, in Georgia, Verniont and Pennsylvania," and adds, "these three states found them such systems of anarchy, if that expression is not a contradiction in terms, that they have altered them and made them more conformable to my plan." (Diary 507, 508, and Jour. 476, 1000.) This remark is scarcely true of Vermont. Our consti- tution has been changed by adding a second legislative body, but the executive has still only advisory power. The word anarchy has no pro- per application to the effects of our first system. Dr. Young is believed to have died in Philadelphia, in the latter part of the year 1777. Ira Allen in his history says of him, that he greatly interested himself in behalf of the settlers of Vermont; that "by several publications, he was highly
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distinguished as a philosopher, philanthropist and patriot, and for his erudition and brilliancy of imagination," and that " his death was univer- sally regretted by the friends of American independence, as one of her warm supporters, and by the republic of letters as a brilliant ornament." For the whole of Dr. Young's letter. (See Thompson's Vt., 106. See also Vt. Q. Gazetteer No. VI, p. 568. Bancroft, vol. 8, p. 478, 485, and Life and Times of Joseph Warren. Index Thomas Young.)
APPENDIX NO. 10.
[See page 378.]
LETTER FROM GOV. CHITTENDEN TO GEN. WASHINGTON.
" State of Vermont, Arlington 14th November, 1781.
"Sir : The peculiar situation and circumstances with which this state for several years last past has been attended, induce me to address your excellency on a subject, which nearly concerns her interest, and may have its influence on the common cause of the states of America.
"Placing the highest confidence in your excellency's patriotism in the cause of Liberty, and disposition to do equal right and justice to every part of America, who have by arms supported their rights against the lawless power of Great Britain, I herein transmit the measures by which this state has conducted her policy for the security of her frontiers; and as the design and end of it were set on foot, and have ever since been prosecuted on an honorable principle (as the consequences will fully evince) I do it with full confidence that your excellency will not improve it to the disad- vantage of this truly patriotic, suffering state ; although the substance has already been communicated by Captain Ezra Hedcock, employed by Major Gen. Lincoln, by your excellency's particular direction, and who arrived here with the resolutions of congress of the 7th day of August last, which appeared in some measure favorable to this state.
" I then disclosed to him the measures this state had adopted for her secu- rity, which I make no doubt have by him been delivered to your excel- lency ; and, though I do not hesitate that you are well satisfied of the real attachment of the government of this state to the common cause, I esteem it nevertheless my duty to this state, and the common cause at large, to lay before your excellency, in writing, the heretofore critical situation of this state, and the management of its policy, that it may operate in your excellency's mind as a barrier against the clamorous aspersions of its numerous, and in many instances, potent adversaries.
" It is the misfortune of this state to join on the province of Quebec and the waters of the Lake Champlain, which affords an easy passage for the enemy to make a descent with a formidable army on its frontiers, and into the neighborhood of the several states of New York, New Hampshire and
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Massachusetts, who have severally laid claims in part or in whole, to this state, and who have used every art which they could devise to divide her citizens, to set congress against her, and finally to overturn the govern- ment and share its territory among them. The repeated applications of this state to the congress of the United States to be admitted into the federal union with them, upon the liberal principles of paying a just pro- portion of the expenses of the war with Great Britain, have been rejected, and resolutions passed ex parte tending to create schisms in the state, and thereby embarrass its efforts in raising men and money for the defence of her frontiers, and discountenancing the very existence of the state. Every article belonging to the United States, even to pickaxes and spades, has been by continental commissaries ordered out of this state, at a time when she was erecting a line of forts on hier frontiers. At the same time the state of New York evacuated the post of Skenesborough for the avowed purpose of exposing this state to the ravages of the common enemy.
"The British officers in New York, being acquainted with the public dis- putes between this and the claiming states, and between congress and this state, made overtures to Gen. Allen in a letter, projecting that Vermont should be a colony under the crown of England, endeavouring, at the same time, to draw the people of Vermont into their interest. The same day Gen. Allen received this letter (which was in August, 1780), he laid it before me and my council, who, under the critical circumstances of the state, advised that no answer, either oral or written, should be returned, and that the letter should be safely deposited till further consideration, to which Gen. Allen consented. A few months after, lie received a second letter from the enemy, and the same council advised that Gen. Allen should send both letters to congress, inclosed in a letter under his signature ; which he did, in hopes that congress would admit Vermont into the Union ; but they had not the desired effect.
"In the fall of the year 1780, the British made a descent up the Lake Cham- plain, and captured the Forts George and Anne, and appeared in force on the lake. This occasioned the militia of this state, most generally, to go forth to defend it. Thus the militia were encamped against the enemy near six weeks when Gen. Allen received a flag from them, with an answer to my letter dated the preceding July to Gen. Haldimand, on the subject of an ex- change of prisoners. The flag delivered a letter to Gen. Allen, from the commanding officer of the enemy, who were then at Crown Point, with proposals for a truce with the state of Vermont, during the negotiating the exchange of prisoners. Gen. Allen sent back a flag of liis to the com- manding officer of the British, agreeing to the truce, provided he would extend the same to the frontier posts of the state of New York, which was complied with, and a truce took place, which lasted about three weeks. It was chiefly owing to the military prowess of the militia of this state, and the including the state of New York in the truce, that Albany and Schenectady did not fall a sacrifice to the ambition of the enemy that campaign.
" Previous to the retiring of the enemy into winter quarters, Col. Allen and Major Fay were commissioned to negotiate the proposed exchange of prisoners. They proceeded so far as to treat with the British commis- sioners on the subject of their mission, during which time they were
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