USA > Vermont > The history of Vermont, from its earliest settlement to the present time > Part 10
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HISTORY OF VERMONT. [1779.
themselves into organized bodies, to resist the authority of the " pretended state." The friends of the New York claims met in Brattleboro, on the 4th of May, 1779. The removal of foreign invasion from the vicinity of Vermont, by the capture of Burgoyne, appears to have given the disputants leisure to reimbark in their old dis- putes with increased zeal and acrimony.
There was something besides mere proprietor- ship in land which imbittered the contest. The actual settlers in Vermont were men who had made comparatively small purchases, and im- proved them by the labour of their own hands, and the joint assistance of their families. They had entered upon the work poor in money, but rich in resolution ; in many cases bringing no- thing with them except what could be transported on horseback. Others chose winter for their journey, and drew their little household gear on hand-sleds ; and sometimes the mothers, if infirm, and the children, were drawn to the place of their future habitation by their husbands and brothers. And other families carried all their possessions in packs upon their shoulders. Thus, says a late writer, Mr. De Puy, would a single family move into a township, and reside months without seeing any other human being. Mr. Amos Cutler, the first settler in the town of Brandon, spent an entire winter without seeing any other person ; and Mr. Abyah Wheelock, an
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RELIGIOUS FREEDOM.
1779.]
- early pioneer of Calais, after a flourishing town had grown up around him, would allude plea- santly to the hermit life he had formerly endured, by asserting that there had been a time when he was the most respectable man in the town! The wife of Thomas Whitmore, the earliest settler in Marlborough, spent the most of one winter alone, her husband being absent on business. This lady lived to the advanced age of eighty-seven years, and saw a flourishing state grow up where a few scattered families resided when she entered the territory.
Being chiefly emigrants from Connecticut and Massachusetts, the Vermont settlers carried with them the practically democratic notions of those commonwealths. In some respects they were even in advance of their New England compa- triots, giving the first lesson to New England of true religious liberty. The first church organ- ized on the grants was at Bennington, in 1762 ; and while the members still denominated them- selves Congregationalists, and adopted the Cam- bridge " platform," or confession of faith and rules of discipline, they omitted such parts as united the secular and ecclesiastical powers. The aid of the civil magistrates in enforcing the support of the ministry, and their power over the church in other respects, was never admitted in Vermont.
To men who held such sentiments, the semi-
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HISTORY OF VERMONT.
[1779.
feudal tenure of the New York grants was par- ticularly odious. They wished a state of free- holders, and not of tenants. They desired no class of " patroons" in feudal lordship over leaseholders. It is curious to observe how his- tory may be traced in trifling circumstances. Almost the only memorial of the attempted en- graftment of the feudal tenure upon Vermont, is in the name of the little stream called the Walloomschaick, a branch of the Hoosac River. A Dutch gentleman named Wallum purchased Bennington of the governor of New York, before the issue of the New Hampshire grants. Thence the tract was called Wallumschaick, afterward changed to its present orthography-schaick meaning scrip or patent. The first disputes with the settlers were upon this patent.
Another New York grant, dated as far back as 1696, when Governor Fletcher, of New York, conferred upon Godfrey Dellius, minister of the Dutch church in Albany, eight hundred and forty square miles of the present territory of Vermont, the condition of the conveyance being, " He Yielding, Rendering and Paying therefore Yearly and every Year unto Us, our Heirs and Successors on the Feast Day of the Annunciation of our Blessed Virgin Mary at our City of New Yorke the Annual Rente of one Raccoon Skinne, in liew and stead of all other Rents, Services, Dues, Dutyes and demands whatsoever for the
1779.] DELLIUS'S GRANTS. 173
· said Tract of Land and Islands and Premises." For the same tract Dellius, who seemed disposed " to make assurance doubly sure," and get the full value of raccoon skins, obtained a grant from the Mohawk Indians. But a succeeding governor of New York recommended the legis- lature to annul the grants, which was done ac- cordingly. The same legislature suspended Dellius from the ministry for " deluding the Mo- hawk Indians, and illegal and surreptitious ob- taining of said grants." Yet Dellius transferred his claim to Rev. John Lydius, his successor. The heirs of Lydius sold under that title, and the government of New York chose to recognise the claim during the disputes with Vermont. Ethan Allen and the Green Mountain Boys sum- marily dispossessed the settlers who came upon their soil under such a pretext. They were re- instated and re-ejected, and this "illegal and surreptitious deluding" was the basis of much trouble to the Green Mountain Boys. The holders under New York of these and similar titles were men of large fortunes, and often ob- tained their large grants upon such terms of favouritism that they could afford easy condi- tions to those who would settle under them. It is easy to see, as we have already observed, that the sturdy and practical republicans of Vermont found principle as well as mere interest involved in these disputes.
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HISTORY OF VERMONT.
[1779
But the New York party were pertinacious. They met, as we have stated, at Brattleboro, and drew up a petition to the governor of New York, in which they related their grievances, and the proceedings which were in progress to confiscate their property, and entreated his ex- cellency to " take immediate measures for pro- tecting the loyal subjects of that part of the state, and for convincing Congress of the impro- priety of delaying a decision in a matter which so nearly concerned the peace, welfare, and lives of so many of their firm adherents." Possibly the fellow-feeling of large landholders in New York, who had similar tenures to the disputed ones in Vermont, created an interest in their favour. The petition was replied to by the go- vernor of New York, with assurance of protec- tion, and the recommendation that the author- ity of Vermont should not be submitted to, except in cases where the alternative was ab- solute ruin.
The petitioners took another step in their plans of resistance. They formed a military association, and representing that they could form a regiment of five hundred men, obtained the necessary commissions from New York for their officers, and begged, in addition, the aid of the militia of Albany county. The resistance to this movement by Vermont was prompt. Co- lonel Ethan Allen had, upon his return, been
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1779.] CAPTURE OF OFFICERS.
invested with. the command of the Vermont militia, and Governor Chittenden directed him to call out a force and meet this difficulty. Colonel Allen marched as directed, and made prisoners of the New York colonel and some other officers. The governor of New York was instantly ap- pealed to, in behalf of his officers held in duress by the Green Mountain Boys. Governor Clinton, in answer to a former communication, had assured the adherents of New York, in Vermont, that if any attempt was made to reduce them by force of arms, he would instantly issue his orders to the militia, " who were properly equipped, and who would in- stantly be led against the enemies of the state, wherever they might happen to be." Probably he did not, when he wrote this promise, conceive of the possibility of a case arising under which it might be claimed. At any rate wiser counsels prevailed than the opposition of force by force. Governor Clinton contented himself with an appeal to Con- gress, which body he had already addressed upon the same subject within a month. In the former letter he adverted to the necessity which was im- pending that he should call out an armed body. He intimated the possible consequences of such a proceeding, but said that justice, the faith of government, and the peace and safety of society would not permit New York to remain passive while such acts of violence were committed on her citizens.
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HISTORY OF VERMONT.
[1779.
In answer to this letter, Congress, by a reso- lution of June 1st, appointed a committee of their body to repair to the district known as the New Hampshire grants, and inquire of the inha- bitants why they refused to continue citizens of the respective states claiming jurisdiction over them. The committee were instructed to take all prudent measures to restore quiet, and pre- vent animosities and divisions so prejudicial to the United States. Governor Clinton's second letter, advising Congress of the actual appeal to arms, arrived before the above-named committee had departed on their mission. Congress passed a second resolution, June 16th, in which they declared that the officers captured by Vermont ought immediately to be liberated, and in- structed their committee to investigate this pro- ceeding also.
Five commissioners were appointed to repair to Vermont, two only of whom attended. They made many inquiries, held many conferences with gentlemen of all parties, and effected no- thing. Exasperation had gone too far to admit of compromise or reconciliation. Four parties claimed jurisdiction-New York, New Hampshire, Massachusetts, and Vermont; and it was not in the power of a body like Congress, which had really no authority, except by concession, to ad- judicate between them. The difficulty was per- ceived, and in order to remove it, Congress
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PROPOSED ARBITRATION.
1779.]
earnestly recommended New Hampshire, Massa- chusetts, and New York, to authorize the na- tional Congress to settle the dispute for them relative to their boundaries. Poor little Vermont was entirely ignored in this matter, Congress advising those persons who denied the territorial claims of the above-named states to abstain from the attempt to exercise authority over those who admitted their jurisdiction. At the same time the said states were requested to abstain from executing their laws over those who " have assumed a separate jurisdiction, which they call the state of Vermont."
Nothing could be better for New York and New Hampshire than this proposal. Vermont was unrepresented in Congress, and unacknow- ledged ; and her neighbours had only to divide her territory between them, and thus settle the dispute by extinguishing the new government. Fortunately for the gallant little state, she had a fast friend in Massachusetts, and the sage counsellors of that commonwealth effectually barred proceedings, by neglecting or refusing to authorize Congress to act on the Massachusetts claim. The uncertainty and doubt which had hung over the settlements on the grants were as great and troublesome as ever. Indeed, if there was any change it was to the disadvantage of Vermont, since the proceedings of Con- gress evinced a willingness to sacrifice Vermont,
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HISTORY OF VERMONT.
[1779.
rather than cause a rupture with the two states which claimed her soil, or with either of them. In this dilemma Vermont had no choice but to defend the position she had assumed ; since the recognition of four separate jurisdictions was incompatible with any condition of society. Moreover, New York increased and aggravated the difficulty by granting commissions to her ad- herents in the several towns, encouraging spies, denying the acts of the state and the titles of the settlers to their lands. ,
In order to keep their true position before the world, the governor and council of Vermont published an appeal on the 10th of December, 1779, in reference to the foregoing resolutions of Congress. It was drawn up by Stephen R. Bradley, Esq., and while as firm in tone as the Green Mountain Boys' manifestoes, it is correct and chaste in language. We subjoin a few para- graphs. The appeal, in behalf of the inhabit- ants of Vermont, declared "that they could not hold themselves bounden, in the sight of God or man, to submit to the execution of a plan which they had reason to believe was commenced by neighbouring states : That the liberties and pri- vileges of the state of Vermont by said resolu- tions are to be suspended upon the arbitrement and final disposition of Congress, when, in their opinion, they were things too sacred ever to be arbitrated upon at all, and what they were
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1779.] APPEAL OF THE COUNCIL.
bound to defend at every risk: That the Con- gress of the United States had no right to inter- meddle in the internal police and government of Vermont: That the state existed, independent of any of the thirteen United States, and was not accountable to them, or to their representa- tives for liberty, the gift of the beneficent Cre- ator : That the state of Vermont was not repre- sented in Congress, and could not submit to re- solutions passed without their consent, or even knowledge, and which put every thing that was valuable to them at stake : That there appeared a manifest irregularity, not to say predetermina- tion, that Congress should request of their con- stituents power to judge and determine in the cause, and never ask of thousands whose all was at stake: They also declared that they were, and ever had been ready to bear their proportion of the burden and expense of the war with Great Britain, from its first commencement, whenever they were admitted into the Union with the other states : But they were not so lost to all sense and honour, that after four years' war with Great Britain, in which they had expended so much blood and treasure, that they should now give up all worth fighting for, the right of making their own laws and choosing their own form of government, to the arbitration of any man or body of men under Heaven."
Congress had proposed to take up the matter
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HISTORY OF VERMONT. [1780.
in dispute, on the 1st of February, 1780. But the subject was not reached in that body until the 2d of June. On that day it was resolved that the proceedings of the people of the New Hampshire grants were highly unwarrantable, and subversive of the peace and welfare of the United States ; and that they be strictly required to forbear from any acts of authority, civil or military, over those of the people who professed allegiance to other states. By resolution on a subsequent day, the matter was deferred until September.
When these resolves reached Vermont, Go- vernor Chittenden, by advice of his council, re- plied, that " however Congress might view these resolutions, they were considered by the people of Vermont as being in their nature subversive of the natural right which they had to liberty and independence, as well as incompatible with the principles on which Congress grounded their own right to independence, and had a natural and direct tendency to endanger the liberties of America : That Vermont, being a free and inde- pendent state, had denied the authority of Con- gress to judge of their jurisdiction ; that as they were not included in the thirteen United States, if necessitated to it, they were at liberty to offer or accept terms of cessation of hostility with Great Britain, without the approbation of any other man or body of men; for, on proviso that
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1780.]
REPLY TO CONGRESS.
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neither Congress, nor the legislatures of those states which they represent, will support Ver- mont in her independence, but devote her to the usurped government of any other power, she had not the most distant motive to continue hostili- ties with Great Britain, and maintain an im- portant frontier for the United States, and for no other reward than the ungrateful one of being enslaved by them; but notwithstanding the usurpation and injustice of neighbouring governments toward Vermont, and the late resolutions of Congress, yet, from a principle of virtue, and close attachment to the cause of liberty, as well as from a thorough examination of their own policy, they were induced once more to offer union with the United States of America, of which Congress were the legal repre- sentative body."
When we consider the difficult position of Vermont, and the menaces which overhung her in so many directions, we cannot but admire the sagacity of her statesmen. While her very existence as a state was denied, and she had no representation in Congress, she was compelled to defend herself both against the manifest in- fluence of that body and against the machi- nations of her powerful neighbours. But the part which Congress had to perform was at least as difficult ; and while contemporaries complained of the inaction of the representatives of the
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HISTORY OF VERMONT.
[1780.
confederated states, we can now readily perceive that their true wisdom was to temporize. In September, 1780, the vexed question of jurisdic- tion came up again. Although Vermont had protested against the authority of Congress to legislate away her existence, and adjudicate upon her jurisdiction while she had no repre- · sentatives in that body, still, as a matter of prudence, she sent Ira Allen and Stephen R. Bradley as her agents to watch the proceed- ings. These agents were admitted to a seat in the house, but not to a voice or a vote. They remained until they perceived, by the course of proceedings, that the contest was regarded as one between New York and New Hampshire, without any recognition of the existence of Vermont as a separate territory. Indignant at such proceedings, but without power to interrupt them, the agents refused to sit as tame witnesses of the disfranchisement of the commonwealth they represented, and withdrew themselves from the sessions of Con- gress.
They put in, however, as the agents of Ver- mont, a protest, similar in general tone and expression to the appeals and letters of the Vermont authorities, but making this strong point on the question before Congress : If the dispute is between the states claiming on the one part, and Vermont on the other, whether
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SPIRITED PROTEST.
1780.]
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Vermont has a right to the legislative power which she possesses in fact, then Vermont should be heard or considered as to the ques- tion of right. If that right be disproved, the assumed authority must go with it; but to deny the jurisdiction in the first place is to deny that there are any parties to the dis- pute. The remonstrants declared that they could no longer sit as idle spectators, without betraying the trust reposed in them, and doing violence to their own feelings ; that, by the mode of trial adopted, Vermont could have no hearing without denying her own existence, and that they would not take upon themselves such humility and self-abasement as to lose their political life in order to find it. They expressed the willingness of Vermont to sub- mit the dispute to the mediation and settle- ment of independent states; they freely con- sented that Congress should interpose to pre- vent the effusion of blood, but denied the right of that body to sit as a court of judicature and decide the controversy by virtue of au- thority given to it by one party only in the dispute. After hearing New Hampshire and New York, and receiving the protest of Ver- mont, Congress indefinitely postponed the whole' subject.
While Vermont was thus struggling with her countrymen for political existence, and
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HISTORY OF VERMONT.
[1780.
the recognition of her rights, the enemy were making an incursion into her territories. A party of three hundred Indians, commanded by a British officer, destroyed the settlement of Royalton, carrying away twenty-five prisoners, and killing four of the inhabitants. About twenty houses were burned, and as many barns. Cattle and sheep were slaughtered, and after a foray of several hours they were enabled to decamp. unharmed, by threatening the lives of their prisoners if pursued. All the prisoners taken, except one who died in captivity, returned the next summer to their friends.
Amid the alarms of the period there oc- curred one which furnished the subject of border mirth for many years. A party of settlers while surveying, undertook to imitate the war-whoop, and succeeded so well that the fright ran from settlement to settlement, till the originators of it were scared among the rest at the fright which their own folly had produced. The militia were ordered out- people ran from their dwellings in a panic, teams were left harnessed in the fields, and bread to burn in the ovens. Night brought a snow storm, and new horrors, for the blaze · of burning dwellings seemed to light up the heavens. A few hours dispelled the illusion. The fires were found to be brush heaps, and the whole affair a false alarm. During the
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1781.] AGGRESSIVE ACTION.
remainder of the war there were occasional isolated cases of murder by the Indians ; but for reasons which will shortly appear in our narrative, the British kept their savage allies quiet, and the land had rest. "
CHAPTER XIII.
Vermont assumes the aggressive-Convention of New Hamp- shire towns-Second union with Vermont-Union of New York towns with Vermont-Causes which led to this state of things-British overtures to Ethan Allen-Cessation of hostilities to exchange prisoners-Commissioners appointed to arrange the terms-Other business before the commission- ers-Ethan Allen encloses the British letters to Congress- Extracts from his letter to that body-Renewal of the nego- tiations for "exchange of prisoners"-Colonel Ira Allen's three weeks in Canada-Interesting documents-British instructions-Green Mountain diplomacy-Ira Allen's com- mission-His report to the Vermont assembly-Secret cor- respondence-Lord Germain's letter to Clinton-Impatience of the British agents-The constitution of the new royal province agreed upon by Colonel Allen and Major Fay-The British demand the new government of Vermont should be proclaimed-Colonel Allen assents on condition of some further delay-The British appear on Lake Champlain pro- vided with proclamations-They send an apology for killing an American soldier-Suspense and curiosity of the Ameri- can soldiers and citizens-Commotion in Governor Chitten- den's office-A dilemma-Skilful escape-Surrender of Cornwallis-Retirement of the British into Canada.
VERMONT, having acted hitherto upon the de- ' fensive, with the exception of the very short time during which the sixteen New Hampshire towns were admitted into union with her ; and
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HISTORY OF VERMONT. [1781.
having dissolved that union under an implied promise which had not been kept, and finding her prospect of admission into the confederacy still distant, determined to take an aggressive attitude. The course which New York and New Hampshire had pursued, wounded the pride of the stormy young republic, and she was desirous to pursue such a course as should compel the justice for which she had pleaded in vain.
The opportunity for such a change of policy presented itself early in 1781. The towns in New Hampshire adjoining the Connecticut River were still uneasy and unsettled. Many of the leading citizens cherished their old desire for change. The most feasible mode appeared to be the union of Vermont to New Hampshire, and with this view a convention was called at Charleston, and circulars were sent to the towns in western New Hampshire inviting them to send delegates. They met accordingly, on the 16th of January, but the movers of the measure were not a little astonished to find a majority of the convention in favour of joining Vermont again, instead of annexing Vermont to New Hampshire. We are without the evidences of any such fact, but it would not seem unlikely that the busy Vermonters had made some exertion among their New Hampshire friends to bring about a result so unlooked for. However that may have been, the majority, and a large one, being in favour of
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UNION WITH NEW YORK TOWNS.
1781.]
the measure, a committee was chosen to confer with the assembly of the state of Vermont upon the subject.
Accordingly, in the month following, the as . sembly of Vermont were officially informed of what they were well apprized before, to wit: That the convention of the New Hampshire towns was desirous of being united with Ver- mont, in one separate independent government, upon such principles as should be mutually thought the most equitable and beneficial to the state. This application was referred to the committee, who reported on the 14th of February, that : In order to quiet the present disturbances on the two sides of the Connecticut River, and the better to enable the inhabitants to defend their frontier, the legislature of this state do lay a jurisdictional claim to all the lands east of Connecticut River, north of Massachusetts, west of Mason's Line, and south of latitude 45°, but that they will not, for the time being, exercise jurisdiction. This resolution passed.
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