USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 53
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55
502
EARLY HISTORY OF VERMONT.
interchangeably entertained with politics, which they treated in an affable manner, as I have been told. But no cartel was settled, and the campaign ended without the effusion of blood.
" The cabinet council, in the course of the succeeding winter, finding that the enemy in Canada were about seven thousand strong, and that Vermont must needs be their object the ensuing campaign, circular letters were therefore sent from the supreme executive authority of this state to the claiming states before mentioned, demanding of them to relinquish their claims to this state, and inviting them to join in a solid union and confedera- tion against the common enemy. Letters were also sent to your excellency and to the states of Connecticut and Rhode Island. Each of these letters stated the extreme circumstances of this state, and implored their aid and alliance, giving them withal to understand, that it was out of the power of this state, to lay in magazines, and support a body of men, sufficient to defend this state against the force of the enemy. But to these letters there has been no manner of answer returned.
"From all which it appeared that this state was devoted to destruction by the sword of the common enemy. It appeared to be the more unjus- tifiable, that the state of Vermont should be thus forsook, inasmuch as her citizens struck the first offensive blow against British usurption, by put- ting the continent in possession of Ticonderoga, and more than two hundred pieces of cannon; with Crown Point, St. John's, and all Lake Champlain ; their exertions in defeating Gen. Carleton in his attempt to raise the seige of St .John's; their assisting in penetrating Canada; their valor in the battles of Hubbardton, Bennington and at the landing, near Ticonderoga ; assisting in the capture of Gen. Burgoyne; and by being the principal barrier against the power of the enemy in Canada ever since.
" That the citizens of this state have by nature an equal right to liberty and independency with the citizens of America in general, cannot be dis- puted. And that they have merited it from the United States by their exertions with them in bringing about the present glorious revolution, is as evident a truth as any other, which respects the acquired right of any community.
"Generosity, merit, and gratitude, all conspire in vindicating the inde- pendence of Vermont. But notwithstanding the arguments, which liave been exhibited in sundry pamphlets in favor of Vermont, and which have been abundantly satisfactory to the impartial part of mankind, it has been in the power of her external enemies to deprive her of union, confedera- tion or any equal advantage in defending themselves against the common enemy.
" The winter was thus spent in fruitless attempts to form alliances, but no advantages were procured in favor of this state, except that Massachu- setts withdrew her claim, on condition that the United States would con- cede the independence of Vermont; but that ifthey would not, they would have their snack at the south end of its territory. Still New York and New Hampshire are strenuously opposed to the independence of Vermont; and every stratagem in their power, to divide and subdivide her citizens, are exerted, imagining that their influence in congress and the certain de- struction, as they supposed, of the inhabitants of this state by the common enemy, could not fail of finally accomplishing their wishes.
503
EARLY HISTORY OF VERMONT.
"In this juncture of affairs, the cabinet of Vermont projected the exten. sion of their claim of jurisdiction upon the states of New Hampshire and New York, as well to quiet some of their own internal divisions occasioned by the machinations of those two governments, as to make them experience the evils of intestine broils, and strengthen this state against insult. The legislature, accordingly, extended their jurisdiction to the eastward of Connecticut river to the old Mason line, and to the westward to Hudson's river ; but, in the articles of Union, referred the determination of the boundary lines of Vermont, and the respective claiming states, to the final decision of congress, or such other tribunal as might be mutually agreed on by the contending governments. These were the principal political move- ments of the last winter.
"The last campaign opening with a gloomy aspect to discerning citizens of this state, being destitute of adequate resources, and without any alli- ance, and from its local situation to Canada, obliged to encounter the whole force of that province, or give up its claim to independence and run away, Vermont being thus driven to desperation by the injustice of those who should have been her friends, was obliged to adopt policy in the room of power. And on the first day of May last, Col. Ira Allen was sent to Canada to further negotiate the business of the exchange of pri- soners, who agreed on a time, place, and other particulars relating to the exchange. While he was transacting that business, he was treated with great politeness and entertained with political matters, which necessity obliged him to humor, in that easy manner that might save the interest of this state in its extreme critical situation, and that its consequences might not be injurious to the United States. The plan succeeded, the frontiers of this state were not invaded; and Lord George Germain's letter wrought upon congress and procured that from them, which the public virtue of this people could not.
" In the month of July last, Maj. Joseph Fay was sent to the Britishi shipping, on Lake Champlain, who completed an exchange of a number of prisoners, who were delivered at Skenesborough in September last; at which time and place Col. Allen and Maj. Fay had a conference with the British commissioners. And no damage, as yet, had accrued to this, or the United States from this quarter. And in the month of October last, the enemy appeared in force at Crown Point, and Ticonderoga; but were maneuvered out of their expedition, and are returned into winter quarters in Canada, with great safety, that it might be fulfilled which was spoken by the prophet, 'I will put my hook in their nose and turn them back by the way which they came, and they shall not come into this city (alias Vermont) saith the Lord.'
" It remains that I congratulate your excellency, and participate with you in the joy of your capturing the haughty Cornwallis and his army ; and assure your excellency that there are no gentlemen in America, who enjoy the glorious victory more than the gentlemen of this state, and him who has the honor to subscribe himself your excellency's devoted and " Most humble servant,
THOMAS CHITTENDEN."
504
EARLY HISTORY OF VERMONT.
APPENDIX NO. 11.
[See p. 413.]
INSTRUCTIONS OF THE LEGISLATURE OF NEW JERSEY TO THE DELE- GATES OF THE STATE IN CONGRESS, PASSED NOVEMBER 1, 1782.
"To the Honl Elias Boudinott, John Witherspoon, Abraham Clark, Jona- than Elmer and Silas Condit, Esquires, delegates representing this state in the congress of the United States.
" Gentlemen : Application having been made to the legislature for instructions on the important subject of disputes subsisting between the states of New York, New Hampshire and the people on the New Hamp- shire Grants, styling themselves the state of Vermont, which is under consideration of congress, they are of opinion (as far as they have docu- ments to direct their inquiry) that as the competency of congress was deemed full and complete at the passing of the resolutions of the 7th and 20th of August, 1781 (each of those states having made an absolute refer- ence of the dispute to their final arbitrament), those acts may be supposed to be founded on strict justice and propriety, nine states having agreed to the measure, and that great regard might be had to any determination of congress, when no new light is thrown upon the subject, or weighty matters occur to justify a reversion of such their decision, and more espe- cially, as it appears that the people on the New Hampshire Grants, have, by an act of their legislature, on the 22d of February last, in every instance complied with the preliminaries stated as conditional to such guarantee.
"The legislature taking up the matter upon general principles are further of opinion, that congress considered as the sovereign guardians of the United States, ought at all times to prefer the general safety of the common cause to the particular separate interest of any individual state, and when circumstances may render such a measure expedient, it ought certainly to be adopted.
" The legislature know of no disposition in congress to attempt to reduce the said people to allegiance by force, but should that be the case, they will not consent to the sending any military force into the said territory to subdue the inhabitants to the obedience and subjection of the state or states that claims their allegiance.
" They disclaim every idea of imbruing their hands in the blood of their fellow citizens, or entering into a civil war among themselves at all times, but more especially at so critical a period as the present, conceiving such a step to be highly impolitic and dangerous.
" You are therefore instructed to govern yourselves in the discussion of this business by the aforesaid opinions, as far as they may apply thereto."-Madison Papers, vol. 1, p. 489.
505
EARLY HISTORY OF VERMONT.
APPENDIX NO. 12.
[See page 201.]
COMMISSION FROM THE MASSACHUSETTS COMMITTEE OF SAFETY TO BENE- DICT ARNOLD TO ENLIST MEN AND CAPTURE TICONDEROGA.
"To Benedict Arnold Esq., commander of a body of troops on an expedi- tion to reduce and take possession of the fort of Ticonderoga.
Sir : Confiding in your judgment, fidelity, and valor, we do, by these presents, constitute and appoint you, colonel and commander-in-chief over a body of men not execeding four hundred, to proceed with all expedition, to the western part of this and the neighboring colonies, where you are directed to enlist those men, and with them, forthwith, to march to the fort at Ticonderoga, and use your best endeavors to reduce the same, taking possession of the cannon, mortars, stores, etc., upon the lake; you are to bring back with you such of the cannon, mortars, stores, etc., as you shall judge may be serviceable to the army here, leaving behind what may be necessary to secure that post, with a sufficient garrison. You are to pro- cure suitable provisions and stores for the army, and draw upon the committee of safety for the amount thereof, and to act in every exigence, according to your best skill and discretion, for the public interest, for which this shall be your sufficient warrant.
BENJAMIN CHURCH, JR.
For the committee of safety. " By order, WILLIAM COOPER, Secretary.
Cambridge, May, 3, 1775."
The above is from the journals of the provincial congress and committee of safety of Massachusetts, page 534. By the same journals the following dates and facts appear.
1775.
April 29, Capt. Arnold had reached Cambridge with a company from Connecticut, p. 527.
30, He reported to the committee of safety the condition of Ticon- deroga, p. 529, 695.
The same day (April 30th) the committee wrote to the New York congress for leave to capture Ticonderoga, but did not wait for an answer. Jour., p. 695.
May 2, A sub-committee was appointed to confer with Arnold, and on the same day the provincial congress was desired to furnish him with horses, ammunition, etc., for the expedition, p. 531, 523.
May 3, The above commission was issued to Arnold. At this date the men from Connecticut and Pittsfield had reached Bennington, and Allen was mustering the Green Mountain Boys. 63
506
EARLY HISTORY OF VERMONT.
APPENDIX NO. 13.
[See page 449.]
DISTRIBUTION OF THE THIRTY THOUSAND DOLLARS PAID BY VERMONT AMONG THE NEW YORK LAND CLAIMANTS.
On the 6th of April, 1796, the legislature of New York passed an act by which Robert Yates, John Lansing, Jr., and Abraham Van Veghten, were appointed commissioners to examine and decide upon the claims of all persons to lands under New York grants, which had been ceded by that state to Vermont, and to make "a just and equitable distribution " of the money which had been paid into the treasury by the latter state. The commissioners in compliance with the provisions of the act, having given the requisite public notice to the claimants, met in the city of Albany on the 10th of July, 1797, and continued their sittings from time to time until the 23d of April, 1799, when they made their final report, dividing the thirty thousand dollars among seventy-six different claimants, assigning to them proportionate shares according to the number of acres to which they had re- spectively shown themselves entitled. The whole number of acres to which the New York title was held by the commissioners to have been proved was 600,100, for which the claimants would receive 849.91 for every thousand acres, or a very small fraction less than at the rate of five cents per acre.
The quantity of Vermont lands which had been granted by New York besides confirmatory grants, exceeded two millions of acres, more than three times the quantity for which allowances were made by the com- missioners. This deficiency in the allowance of claims was owing to several causes. First, to the length of time, from twenty to thirty years, which had elapsed since the making of the grants, during which, from the deaths and removal of parties and changes in business, the knowledge of the existence of a portion of the claims or of the evidence of them would be likely to be lost. Secondly, the smallness of the amount which could be expected under the award of the commissioners would induce many, from various motives, to withhold their claims. Thus some were doubt- less withheld in the hope of obtaining a greater allowance from the liber- ality of the New York legislature, to which many petitions were pre- sented - some with a view of prosecuting them before the federal courts, in which suits were repeatedly threatened, while the politicians who had taken an active part in opposing the independence of Vermont might omit presenting their claims, to avoid the imputation of having acted from per- sonal motives. But thirdly, a very large portion of the deficiency may be accounted for by the fact that most of the original grants were made for the benefit of government officials, and their favorites and friends, a majority of whom joined the enemy in the revolution, and generally left the country at the close of the war. Many of them had indeed been at- tainted by the New York goverment, and their claims had thus become forfeited to the state. Of this latter class were Governors Dunmore and Tryon, and AAttorney General Kempe, whose extensive claims have already been mentioned. Many other officials and government favorites were also
507
EARLY HISTORY OF VERMONT.
attainted and their property confiscated, including no less than seven of the twelve members of the governor's council, whose claims were probably large. It seems not improbable that one-third of the original claims were held by the adherents of the crown, and in consequence were left unpresented.
The commissioners kept a journal of their proceedings, in which were entered the date and description of the patents, and of the several convey- ances under which the claimants derived their titles, by which the pur- pose and character of the original grants can to a considerable extent be ascertained.1 This journal has been frequently referred to in the body of this work, and the character of several of the grants, founded on the facts it discloses, has been sufficiently stated.
A further examination of the report of the commissioners and their journals, shows very clearly in accordance with our former account, that the great mass of the grants was obtained, not as the form of the applica- tions to the governor stated, " with intent to cultivate the same," but for mere purposes of speculation. With very few exceptions, the claimants were residents of New York city, mostly lawyers, merchants aud profes- sional land jobbers.
Of the 600,100 acres for which allowances were made, over 500,000 acres were granted to nineteen of the seventy-six claimants, whose average quantity exceeded 26,000 acres each. The claims of eight parties covered 376,000 acres, nearly two thirds of the whole, the smallest quantity of this number being 22,000 acres. A brief notice of these eight claims will serve to explain and illustrate the character of the whole.
Taking these in their alphabetical order, the first claim is that of Samuel Avery, who was for a considerable time a resident of Westminster, in Cumberland county. He appears to have been one of the favored inhabit- ants of the New Hampshire Grants, to whom patents were freely issued by the New York government. His grants were of a late date when it had become an object for the earlier city speculators to strengthen their interest in the territory, in order to overcome the formidable resistance of the settlers to their iniquitous claims. One of Avery's claims was founded on a patent issued to him and twenty-three associates for 24,000 acres, bearing date August 16th, 1774. On the 17th and 18th of the same month, these twenty-three associates conveyed their shares to him. Another claim was for 28,000 acres, patented to Humphrey Avery and twenty-seven others, in September, 1774, all of whom on the 29th of that month, con- veyed their titles to him, thus vesting in him the whole 52,000 acres, and showing very clearly that the grants were made for his sole benefit. These two tracts adjoined each other, and were in the easterly part of the present county of Addison. These with a claim for 200 acres in Durham and 1,000 in another town of which Samuel Avery was a grantee, made up the 53,200 acres, for which he was allowed the sum of $2,655.03. These grants were made by Lieut. Gov. Colden. Avery continued his applications for land, for some months into the revolutionary period, and on the 28th of October, 1775, obtained a patent for 40,000 acres from Gov. Tryon, after he had fled for safety on board a British man-of-war lying in New York harbor. The land was situated in the vicinity of his former
" The original journal is found in the office of the secretary of state at Albany, and there is a copy in the secretary of state's office at Montpelier.
508
EARLY HISTORY OF VERMONT.
grants, but his claim for it was disallowed by the commissioners, for the reason that it was made after the date which had been prescribed in the New York constitution, as the time when the colonial grants should cease to be valid.1 To Goldsbrow Banyar, in his own name and that of his son William, for 150,800 acres of land, was awarded the sum of $7,528.36, being over one quarter of the whole amount paid by Vermont into the New York treasury. Banyar was secretary to the governor and council during the whole period in which grants of Vermont lands were made. His grants were in numerous patents, made in the names of other persons from whom he at once took conveyances.2
The next claim in order is that of William Cockburne for 30,070 aeres for which he was allowed $1,495.95. He was a resident of New York, and a deputy surveyor general under Alexander Colden, son of the lieu- tenant governor; was arrested and dealt with by the Green Mountain Boys for attempting to survey lands under New York patents, that had been previously granted by New Hampshire, and by threats prevented from completing that of Socialborough, as related in the previous part of this work. His allowance was for lands in several different tracts, and it is unnecessary to state, were entirely of a speculative character.3
The claim of James Duane was for 52,500 acres, for which his heirs were allowed the sum of $2,621.29. It was for 10,400 acres in the patent of Princetown, 15,000 in Socialborough, 4,741 in Durham, 12,750 in Chatham and the residue in Eugene, the two last being selected by him in satisfac- tion of military warrants, which he had purchased. All these grants were of lands which had been previously chartered by New Hampshire, and all the patents except that of Princetown, were issued in violation of the king's order of July, 1867, forbidding any further grants.4
To the executors of Simon Metcalf, a New York surveyor, was allowed $1,417.47 for 28,400 acres, all but about three thousand of it being in the patent of Prattsburg, granted July 6, 1771 in violation of the king's pro- hibitory order, covering lands in Swanton and Highgate, both of which had been chartered by New Hampshire in 1763.5
The next claim is that of William Smith for 23,600 acres for which he was allowed $1,181.69. He was a member of the New York council from 1778 to the end of the colonial government, and participated in the advice of that body given Lieutenant Governor Colden on the 20th of October 1769, under which the order of the king, forbidding further grants of land in the controverted district, was ever afterwards violated. A few weeks after giving tlie advice (November 13th) he became the proprietor of 6000 acres of land in the patent of Royalton, and he continued, from time to time to obtain further grants, until he acquired the New York title to the quantity for which the above allowance was made. Mr. Smith, who was the author of the history of New York, became a tory at the revolution, was called before the council of safety in June 1777 and ordered to be confined to the Manor of Livingston. Being connected by marriage with the powerful Livingston family, he escaped being included in the attainder act; and more
.
1 Albany Records, Land Patents, vol. 16. Jour. of Com'rs, p. 10, 11, 12, 13, 64. 121, 130.
2 Land Patent Records, vols. 14 to 17, and Jour. of Commissioners, Index, Banyar.
3 Albany Patent Records, Journal of Com's, p. 61, 62, 63.
A Journal of Coms., p. 42. 45, 85, S8.
6 Journal of Coms., p. 53, 54, 90, 91, 121, 130.
68
509
EARLY HISTORY OF VERMONT.
fortunate than most of his associate members of the council, was in conse- quence enabled to share in the distribution of the sum received from Vermont for the benefit of the land claimants. Mr. Smith was sent within the enemy's lines at New York, where he remained until the evacuation of the city in 1783, when he repaired to England. He was afterwards appointed chief justice of Canada, and died there in 1793.
Besides the above quantity of land a patent was issued May 3, 1770, to the same William Smith and others, for 25,000 acres called Mooretown, 22,000 acres of which were for his special benefit, and of which he received conveyances from his nominal associates. This 22,000 acres he conveyed in 1788, to his son-in-law John Plenderleaf of Scotland, and for which Plenderleaf was allowed by the commissioners the sum of $1096.68.1
A claim was allowed to Brook Watson of $1197.76 for 24,000 acres, as assignee in trust for one William Kelley to whom in his name and twenty- three others the tract had been patented May 10, 1770, by the name of Gageborough. Kelly was a resident of New York city, and Brook Watson an English merchant, who has been previously mentioned (p. 216) as figur- ing in New York and Canada, in the character of a deceitful and bitter enemy to the American cause.2
There were six other allowances which exceeded 10,000 acres cach, and fifty of the seventy-six exceeded 1,000 acres each. Few or none of the claimants, for either large or small quantities, ever expected or desired to occupy their lands. Their grants were all, with trifling exceptions, if any, of a purely speculative character. The applicants to the New York governors knew that the lands were either already occupied or rapidly settling under grants from New Hampshire, which they had been taught to believe were defective, and they sought the New York title, for the large gains they expected to obtain by the sale of it to the New England emigrants or to others, wholly regardless of any equitable claims to the lands which parties might have who wished to cultivate them.
Some claims were presented to the commissioners, which for various reasons were disallowed, one of which was of sufficient magnitude to deserve a brief notice. It was a claim of John Kelly, an Irish lawyer of New York city. Kelly was a tory within the enemy's lines, during the war of the revolution, but was lucky enough to escape being attainted, and thereby to save his land claim from forfeiture. His claim, included in numerous tracts, was for 115,119 acres, 78,619 of which were presented in his own name, and 36,502 in the names of Robert Troup and four others as assignees for the benefit of Kelly's creditors, his excessive land specu- lations, by the failure of his Vermont titles, having rendered him in- solvent. His original title to the lands does not appear to have been controverted, but the whole claim was rejected ; that part of it presented by his assignees, for the reason that he had stated in his assignment that he had received a grant of other lands in Vermont in lieu of those assigned, and the larger claim in his own name was disallowed, because he had also averred in his assignment that he was " not seized or possessed of any real estate," other than that included in the assignment. See the manu- script report of the commissioners. Index to the names of the claimants.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.