USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 10
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3d. Voted, That Doct. Reuben Jones, be an assistant clerk to Capt. Ira Allen, at this time being present.
4th. Voted, That Lieut. Leonard Spalding, Mr. Ebenezer Hosington, and Major Thomas Moredock, be a committee to examine into the num- bers that have voted for the district of the New-Hampshire grants to be a separate state from New-York, and how many are known to be against it ; and make report to this convention as soon as may be.
Report of said committee :- " We find by examination, that more than three fourths of the people in Cumberland and Gloucester counties that have acted, are for a new state ; the rest we view as neuters.
By order of Committee,
EBENEZER HOSINGTON, Chairman."
5th. Voted to adjourn this convention one hour, at this place. Con- vention opened at time and place.
· 6th. Voted, N. C. D. That the district of land commonly called and known by the name of New-Hampshire grants, be a new and separate state ; and for the future conduct themselves as such.
7th. Voted, That Nathan Clark, Esq. Mr. Ebenezer Hosington, Capt. John Burnham, Mr. Jacob Burton, and Col. Thomas Chittenden, be a committee to prepare a draught for a declaration, for a new and separate state ; and report to this convention as soon as may be.
8th. Voted, That Captain Ira Allen, Col. Thomas Chandler, Doctor Reuben Jones, Mr. Stephen Tilden, and Mr. Nathan Clark, jun. be a committee to draw a plan for further proceedings ; and report to this convention as soon as may be.
Maj. Tho. Moredock, Norwich, Mr. Jacob Burton, Pom- ¿ By a letter from said town, fret, S voting for a new state.
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CONTROVERSY WITH NEW-YORK.
9th. Voted to adjourn this convention to eight o'clock to-morrow morning, at this place.
Friday morning, convention opened according to adjournment. The committee appointed to bring in a draught of a declaration, setting forth the right the inhabitants of that district of land, commonly called and known by the name of the New-Hampshire grants, have, to form them- selves into a state or independent government, do make the following re- port to the honorable convention convened at Westminster, January 15th, A. D. 1777, viz.
" To the honorable convention of representatives from the several towns on the west and east side of the range of Green Mountains, within the New-Ilampshire grants, in convention assembled.
Your committee to whom was referred the form of a declaration, setting forth the right the inhabitants of said New Hampshire grants have, to form themselves into a separate and independent state, or government, beg leave to report, viz.
Right'1. That whenever protection is withheld, no allegiance is due, 4 or can of right be demanded.
2d. That whenever the lives and properties of a part of a community, have been manifestly aimed at by either the legislative or executive au- thority of such community, necessity requires a separation. Your com- mittee are of opinion that the foregoing has, for many years past, been the conduct of the monopolizing land claimers of the colony of New-York ; and that they have been not only countenanced, but encouraged, by both the legislative and executive authorities of the said state or colony. Many overt acts in evidence of this truth, are so fresh in the minds of the members, that it would be needless to naine them.
And whereas the Congress of the several states, did, in said Congress, on the fifteenth day of May, A. D. 1776, in a similar case, pass the follow- ing resolution, viz. " Resolved, That it be recommended to the respect- ive assemblies and conventions of the United Colonies, where no govern- ment, sufficient to the exigencies of their affairs, has been, heretofore, established, to adopt such government as shall, in the opinion of the repre- sentatives of the people, best conduce to the happiness and safety of their constituents in particular, and of America in general."-Your committee, having duly deliberated on the continued conduct of the authority of New- York, before recited, and on the equitableness on which the aforesaid re- solution of Congress was founded, and considering that a just right exists in this people to adopt measures for their own security, not only to enable them to secure their rights against the usurpations of Great-Britain, but also against that of New-York, and the several other governments claim- ing jurisdiction in this territory, do offer the following declaration, viz.
" This convention, whose members are duly chosen by the free voice of their constituents in the several towns, on the New Hampshire grants, in public meeting assembled, in our own names, and in behalf of our con- stituents, do hereby proclaim and publicly declare, that the district of territory, comprehending and usually known by the name and description of the New Hampshire grants, of right ought to be, and is hereby declared forever hereafter to be considered, as a free and independent jurisdiction, or state ; by the name, and forever hereafter to be called, known, and
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·
distinguished by the name of New-Connecticut, alias Vermont : And that the inhabitants that at present are, or that may hereafter become resident, either by procreation or emigration, within said territory, shall be entitled to the same privileges, immunities, and enfranchisements, as are allowed ; and on such condition, and in the same manner, as the present inhabitants, in future, shall or may enjoy ; which are, and forever shall be considered to be such priviliges and immunities to the free citizens and denizens, as are, or, at any time hereafter, may be allowed, to any such inhabitants of any of the free and independent states of America : And that such privi- leges and immunities shall be regulated in a bill of rights, and by a form of government, to he established at the next adjourned session of this convention."
10th. Voted, N. C. D. to accept of the above declaration.
" To the honorable the chairman and gentlemen of the convention, your committee appointed to take into consideration what is further ne- cessary to be transacted at the present convention, beg leave to report, viz.
That proper information be given to the honorable Continental Con- gress of the United States of America, of the reasons, why the New- Hampshire grants have been declared a free state, and pray the said Congress to grant said state a representation in Congress ; and that agents be appointed to transfer the same to Congress, or the committeee. be filled up that are already appointed, and that a committee be appointed to draw the draught : That a committee of war be appointed on the east side of the mountains, to be in conjunction with the committee of war on the west side of the mountains, to act on all proper occasions : That some suitable measures be taken to govern our internal police for the time being, until more suitable measures can be taken : that some suitable way be taken to raise a sum of money, to defray the expences of the agents that are to go to Congress ; and for printing the proceedings of the convention, which, we are of opinion, ought to be printed. All which is humbly sub- mitted to the convention, by your committee.
By order of Committee, THOMAS CHANDLER, Chairman."
11th. Voted, N. C. D. to accept the above report.
Having made some other regulations, on January 22d, the convention adjourned to Windsor, to meet on the first Wednesday in June.
The Declaration and Petition of the Inhabitants of the New- Hampshire Grants, to Congress, announcing the District to be a Free and Independent State.
TO THE HONORABLE THE CONTINENTAL CONGRESS.
The declaration and petition of that part of North America, situate south of Canada line, west of Connecticut river, north of the Massachusetts Bay, and east of a twenty mile line from Hudson's river, containing about one hundred and forty four townships, of the contents of six miles square, each, granted your petitioners by the authority of New Hampshire, be- sides several grants made by the authority of New-York, and a quantity of vacant land, humbly sheweth,
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That your petitioners, by virtue of several grants made them by the authority aforesaid, have, many years since, with their families, become actual settlers and inhabitants of the said described premises ; by which it is now become a respectable frontier to three neighboring states, and is of great importance to our common barrier Tyconderoga ; as it has fur- nished the army there with much provisions, and can muster more than five thousand hardy soldiers, capable of bearing arms in defence of Ame- rican liberty :
..
That shortly after your petitioners began their settlements, a party of land-jobbers in the city and state of New-York, began to claim the lands, and took measures to have them declared to be within that jurisdiction :
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That on the fourth day of July, 1764, the king of Great-Britain did pass an order in council, extending the jurisdiction of New-York govern- ment to Connecticut river, in consequence of a representation made by the late lieutenant governor Colden, that for the convenience of trade, and administration of justice, the inhabitants were desirous of being an- Dexed to that state :
41-That on this alteration of jurisdiction, the said lieutenant governor Colden did grant several tracts ofland in the above described limits, to cer- tain persons living in the state of New-York, which were, at that time, in the actual possession of your petitioners ; and under color of the lawful authority of said state, did proceed against your petitioners, as lawless in- truders upon the crown lands in their province. This produced an ap- plication to the king of Great Britain from your petitioners, setting forth their claims under the government of New-Hampshire, and the disturb- ance and interruption they had suffered from said post claimants, under New-York. ... And on the 24th day of July, 1767, an order was passed at St. James's, prohibiting the governors of New-York, for the time being, from granting any part of the described premises, on pain of incurring his Majesty's highest displeasure. Nevertheless the same lieutenant governor Colden, governors Dunmore and Tryon, have, each and every of them, in their respective turns of administration, presumed to violate the said royal order, by making several grants of the prohibited premises, and countenancing an actual invasion of your petitioners, by force of arms, to drive them off from their possessions.
The violent proceedings, (with the solemn declaration of the supreme court of New-York, that the charters, conveyances, &c. of your petition- ers' lands, were utterly null and void) on which they were founded, re- duced your petitioners to the disagreeable necessity of taking up arms, as the only means left for the security of their possessions. The conse- quence of this step was the passing twelve acts of outlawry, by the legis- latute of New-York, on the ninth day of March, 1774 ; which were not intended for the state in general, but only for part of the counties of Al- bany and Charlotte, viz. such parts thereof as are covered by the New- Hampshire charters.
Your petitioners having had no representative in that assembly, when these acts were passed, they first came to the knowledge of them by pub- lic papers, in which they were inserted. By these, they were informed, that if three or more of them assembled together to oppose what said as-
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sembly called legal authority, that such as should be found assembled, to the number of three or more, should be adjudged felons : And that, in case they or any of them, should not surrender himself or themselves to certain officers appointed for the purpose of securing them, after a warn- ing of seventy days, that then it should be lawful for the respective judges of the supreme court of the province of New-York, to award execution of Death, the same as though he or they had been attainted before a proper court of judicatory. These laws were evidently calculated to intimidate your petitioners into a tame surrender of their rights, and such a state of vassalage, as would entail misery on their latest posterity.
It appears to your petitioners, that an infringement on their rights, is still meditated by the state of New-York ; as we find that in their general convention at Harlem, the second day of August last, it was unanimously voted, " That all quit-rents, formerly due and owing to the crown of Great-Britain within this state, are now due and owing to this conven- tion, or such future government as may hereafter be established in this state."
By a submission to the claims of New-York, your petitioners would be subjected to the payment of two shillings and six pence sterling on every hundred acres annually ; which, compared with the quit-rents of Livingston's Phillips's, and Ransalear's manors, and many other enormous tracts in the best situations in the state, would lay the most disproportion- ate share of the public expense on your petitioners, in all respects the least able to bear it.
The convention of New-York have now nearly completed a code of laws, for the future government of that state; which, should they be at- tempted to be put in execution, will subject your petitioners to the fatal necessity of opposing them by every means in their power.
When the declaration of the lionorable the Continental Congress, of the fourth of July last past, reached your petitioners, they communicated it throughout the whole of their district ; and being properly apprized of the proposed meeting, delegates from the several counties and towns in the district, described in the preamble to this petition, did meet at Westminster in said district, and after several adjournments for the pur- pose of forming themselves into a distinct and separate state, did make and publish a declaration, "that they would, at all times thereafter, con- sider themselves as a free and independent state, capable of regulating their own internal police, in all and every respect whatsoever ; and that the people, in the said described district, have the sole, exclusive right of governing themselves in such a manner and form, as they, in their wis- . dom, should choose ; not repugnant to any resolves of the honorable the Continental Congress. " And for the mutual support of each other in the maintenance of the freedom and independence of said district or separate state, the said delegates did jointly and severally pledge themselves to each other, by all the ties that are held sacred among men, and resolve and declare that they were at all times ready, in conjunction with their brethren of the United States, to contribute their full proportion towards maintaining the present just war against the fleets and armies of Great- Britain.
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CONTROVERSY WITH NEW-YORK.
To convey this declaration and resolution to your honorable body, the grand representative of the United States, were we (your more immediate petitioners) delegated by the united and unanimous voices of the repre- sentatives of the whole body of the settlers on the described premises, in whose name and behalf, we humbly pray, that the said declaration may be received, and the district described therein be ranked by your honors, among the free and independent American states, and delegates there- from admitted to seats in the grand Continental Congress ; and your pe- titioners as in duty bound shall ever pray.
New-Hampshire Grants, Westminster, Jan. 15th, 1777.
JONAS FAY,
Signed by order, and in be- half of said inhabitants,
THOMAS CHITTENDEN,
HEMAN ALLEN,
REUBEN JONES.
VERMONT, at this period, possessed statesmen of no ordinary character : and to their wisdom and decision and firmness, at this momentous crisis, is she indebted for her independence. No measure could have been more wisely chosen, than the one we have just recorded. It placed Vermont on high and commanding ground ; and, by a manly, able exposition of her rights, inspired the confidence of others, while it increased her con- fidence in herself. The appeal was too powerful, and accorded too well with the prevailing spirit of the times, not to meet the approbation of the neighboring colonies.
New-York was indignant at these proceedings. Considering her juris- diction as rightfully extending over the New-Hampshire grants, she view- ed the inhabitants as her subjects, and their conduct as treason and re- bellion. With these views, the convention of that state proceeded to lay the case before Congress ; as appears by the following communications.
Letter from A. TEN BROECK, President of the Convention of
New-York, to the President of Congress, Jan. 20, 1777.
SIR,
I am directed by the committee of safety of New-York, to inform Con- gress, that by the arts and influence of certain designing men, a part of this state bath been prevailed on to revolt, and disavow the authority of its legislature.
It is our misfortune to be wounded so soon, sensibly, while we are making our utmost exertions in the common cause. "The various evi- dences and informations we have received, would lead us to believe, that persons of great influence in some of our sister states, have fostered and fomented these divisions, in order to dismember this state at a time when, by the inroads of our common enemy, we were supposed to be incapaci- tated from defending our just claims : but as these informations tend to accuse some members of your honourable body of being concerned in this echeme, de cency obliges us to suspend our belief:
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The Congress will, doubtless, remember, that so long ago as in the' month of July last, we complained of the great injury done us by appoint- ing officers within this state, without our consent or approbation. We could not then, nor can we now, perceive the reason of such disadvantage- ous discrimination between this state and its neighbours. We have been taught to believe, that each of the United States is entitled to equal rights : in what manner the rights of New-York have been forfeited, we are at a loss to discover. Although we have never received an answer to our last letter on this subject, yet did hope that no fresh ground of complaint would have been offered us.
The convention are sorry to observe, that by conferring a commission upon Col. Warner, with authority to name the officers of a regiment to be raised independent of the legislature of this state, and within that part which hatlı lately declared an independence upon it, congress hath given but too much weight to the insinuations of those who pretend, that your honourable body are determined to support these insurgents ; especially as this Col. Warner hath been constantly and invariably opposed to the legislature of this state, and hath been outlawed by the late government thereof. However, confiding in the honour and justice of the great coun- cil of America, hope that you have been surprised into this measure.
By order of the house, Sir, I inclose you their resolution upon the im- portant subject of this letter ; and I'm further to observe, that it is abso- lutely necessary to recal the commissions given to Col. Warner and the officers under him ; as nothing else will do justice to us, and convince these deluded people, that Congress have not been prevailed on to assist in dismembering a state, which, of all others, has suffered most in the common cause. The King of Great-Britain hath, by force of arms, taken from us five counties ; and an attempt is made, in the midst of our dis- tresses, to purloin from us three other counties. We must consider the persons concerned in such designs, as open enemies of this state, and, in consequence, of all America. To maintain our jurisdiction over our own subjects, is become indispensibly necessary to the authority of the con- vention ; nor will any thing less, silence the plausible arguments, by which the disaffected delude our constituents, and alienate them from the common cause.
On the success of our efforts in this respect, depends, too probably, even the power of the convention. It is become a common remark in the mouths of our most zealous friends, that if the state is to be rent asun- der, and its jurisdiction subverted, to gratify its deluded and disorderly subjects, it is a folly to hazard their lives and fortunes in a contest which, in every event, must terminate in their ruin .- I have the honour to be, with great respect, your most obedient and very humble servant,
(By order,)
A. TEN BROECK, P. Hon. JOHN HANCOCK, Esq. President, &c.
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Letter from A. TEN BROECK, Esq. President of the Convention of New-York, to the President of Congress, March 1, 1777. SIR,
The inclosed letters and resolutions were proposed some time since ; but for reasons with which you need not be troubled, were delayed- some late proceedings of the disaffected within this state, occasions their Dow being transmitted.
I am directed to inform you, that the convention are engaged in estab- lishing a firm and permanent system of government. When this im- portant business is accomplished, they will dispatch a satisfactory state of their boundaries, and the principles on which they are founded, for the information of Congress. In the mean time, they depend upon the justice of your honourable house, in adopting every wise and salutary ex- pedient to suppress the mischiefs which must ensue to this state and the general confederacy, from the unjust and pernicious project of such of the inhabitants of New-York as, merely, from selfish and interested mo- tives, have fomented this dangerous insurrection. The Congress may be assured, that the spirit of defection, notwithstanding all the arts and violence of the seducers, is, by no means, general. The county of Glou- cester, and a very great part of Cumberland and Charlotte counties, con- tinue stedfast in their allegiance to this government. Brigadier Gen. Bayley's letter, a copy of which is inclosed, will be a sufficient proof of the temper of the people of Gloucester county. Charlotte and Cumber- land continue to be represented in convention ; and, from very late in- formation, we learn, that out of eighty members which were expected to have attended the mock convention of the deluded subjects of this state, twenty only attended.
We are informed by good authority, that Col. Warner was directed by the general, to send forward his men, as he should enlist them, to Tycon- deroga ; notwithstanding which, it appeared, by a return from thence, not long since, that only twenty four privates had reached that post ; nor is there the least prospect of his raising a number of men which can be an object of public concern-though, instead of confining himself to the Green Mountain, as we understand, was the intention of the honourable Congress, he has had the advantages of recruiting in Albany and other places.
The convention beg to know what pay the honourable Congress have allowed for the officers and privates of the troops of horse, who were em- ployed the last cangaign, in the service of the United States .- 1 have the honour to be, with great respect, Sir, your most obedient servant,
(By order,)
A. TEN BROECK, P.
Hon. JOHN HANCOCK, Esq. President, &c.
" The proceedings of Vermont had now assumed a regular form and become an object of general attention."* To encourage the people to maintain the ground they had taken, and proceed to the organization of
. # Williams.
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a government, Thomas Young, a distinguished citizen of Philadelphia, published an address to the people of Vermont ; of which the following is an extract.
To the Inhabitants of VERMONT, a Free and Independent State, bounding on the River Connecticut and Lake Champlain.
PHILADELPHIA, APRIL 11, 1777.
GENTLEMEN,
Numbers of you are knowing to the zeal with which I have exerted myselfin your behalf, from the beginning of your struggle with the New- York monopolizers. As the Supreme Arbiter of right has smiled on the just cause of North America at large, you, in a peculiar manner, have been highly favoured. God has done by you the best thing, commonly done for our species. He has put it fairly in your power tofelp yourelves.
I have taken the minds of several leading members in the honourable the Continental Congress, and can assure you, that you have nothing to do, but send attested copies of the recommendation to take up govern- ment, to every township in your district, and invite all your freeholders and inhabitants to meet in their respective townships, and choose mem- bers for a general convention, to meet at an early day, to choose dele- gates for the general congress, a committee of safety, and to form'a con- stitution for your state,
Your friends here tell me, that some are in doubt whether delegates from your district would be admitted into Congress. I tell you to organ- ize fairly, and make the experiment, and I will ensure you success, at the risk of my reputation, as a man of honour or connnon sense. Indeed, they can, by no means, refuse you ! You have as good a right to choose how you will be governed, and by whom, as they had.
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