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 11
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 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
May Almighty God smile upon your arduous and important under- taking, and inspire you with that wisdom, virtue, public spirit and una- nimity, which ensures success in the most hazardous enterprizes !- 1 am, Gentlemen, your sincere friend and humble servant,
THOMAS YOUNG.
APRIL 12, 1777.
Your committee liave obtained for you a copy of the recommendation of Congress, to all such bodies of men as looked upon themselves returned to a state of nature, to adopt such government as should, in the opinion of the representatives of the people, best conduce to the happiness and safe- ty of their constituents in particular, and America in general.
You may, perhaps, think strange, that nothing further is done for you, at this time, than to send you this extract : but if you consider, that till you incorporate and actually announce to, Congress your having become a body politic, they cannot treat with you as a free state. While New- York claims you as subjects of that government, my humble opinion is, your own good sense will suggest to you, that no time is to be lost in availing yourselves of the same opportunity your assuming mistress is in- proving to establish a dominion for herself and you too.
A word to the wise is suficient.
THOMAS YOUNG.
2.
CONTROVERSY WITH NEW-YORK.
Resolution of Congress, referred to in the above letter.
IN CONGRESS, MAY 15, 1776.
Whereas his Britannic Majesty, in conjunction with the Lords and Commons of Great-Britain, has, by a late act of Parliament, excluded the inhabitants of these United Colonies from the protection of his crown : and whereas no answer whatever to the humble petitions of the colonics for redress of grievances and reconciliation with Great-Britain, has been, or is likely to be given ; but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies : And whereas it appears absolutely irreconcileable to reason and good conscience, for the people of these colonies now to take the oaths and affirmations necessary for the support of any government under the crown of Great-Britain, and it is necessary that the exercise of every kind of authority under the said crown should be totally suppressed, and all the powers of government exerted under the people of the colon- ies, for the preservation of internal peace, virtue, and good order, as well as for the defence of their lives, liberties, and properties against the hos- tile invasions and cruel depredations of their enemies :-
Resolved therefore, That it be recommended to the respective assem- blies and conventions of the United Colonies, where no government suffi- cient to the exigencies of their affairs, has been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.
Extract from the minutes,
CH. THOMSON, Sed'ry.
Alarmed at the suggestions in the foregoing commmunication of Tliomag Young, the council of safety of New-York proceeded to make a further effort to arrest the progress of Vermont ; as appears by the following document.
Letter from PIERRE VAN CORTLANDT. President of the Council of safety of New-York:, to the President of Congress, dated May 28, 1777.
, At a time when the councils and arms of America should be directed to the defence of all the United States against a foreign invasion, it gives us pain to find it our duty to call the attention of Congress to the domestic concerns of this state. A faction in the north-eastern part of this state aim at separation from it, and have declared themselves independent.
Although we apprehend no great difficulties in reducing these factious spirits to obedience and good order, by the justice and vigour of the gov- rrnment of this state, without the aid of Congress, yet as a report prevails, and daily gains credit, that they are privately countenanced in their de- signs by certain members of your honourable house, we esteem it our duty to give you this information, that by a proper resolution on that subject, the reputation of Congress may cease to be injured by imputations so dis- graceful and dishonourable.
However unwilling we may be, to entertain suspicions so disreput- able to any member of Congress, yet the truth is, that no inconsiderable
78
CONTROVERSY WITH NEW-YORK.
numbers of the people of this state do believe the report to be well-found- ed, and, of course, their confidence in the justice, and their respect for the determination of Congress, will, we fear, be diminished ; nor can it be difficult to perceive what an unhappy influence such reports and ap- prehensions will have on the minds of the best whigs of this state, espe -. cially at this critical juncture .- I have the honour to be, with great re- spect, Sir, your most obedient and very humble servant,
(By order,) PIERRE VAN CORTLANDT, P. Hon. JOHN HANCOCK, Esq. President, &c.
To bring Congress to a decision upon the subject of this controversy, one of the delegates of New-York, on the 23d of June, laid before that body the printed letter and publication of Thomas Young. This letter, together with the communications from the conventions of New York and the New-Hampshire grants, were referred to a committee of the whole; and on the 30th of June, Congress passed the following resolves .*
"RESOLVED, That Congress is composed of delegates chosen by, and representing, the communities respectively, inhabiting the territories of . New-Hampshire, Massachusetts Bay, Rhode-Island, and Providence Plantations, Connecticut, New-York, New Jersey, Pennsylvania, Do laware, Maryland, Virginia, North-Carolina, South Carolina, and Geor- gia, as they respectively stood at the time of its first institution ; that it was instituted for the purpose of securing and defending the communities aforesaid, against the usurpations, oppressions, and hostile invasions of Great-Britain ; and, therefore, it cannot be intended that Congress, by any of its proceedings, would do, or recommend, or countenance, any thing injurious to the rights and jurisdiction of the several communities, which it represents.
" RESOLVED, That the independent government attempted to be estab- lished by the people, stiling themselves inhabitants of the New-Ilamp- shire grants, can derive no countenance or justification from the act of Congress, declaring the united colonies to be independent of the crown of Great-Britain, nor from any other act or resolution of Congress.
" RESOLVED, That the petition of Jonas Fay, Thomas Chittenden, Heman Allen, and Reuben Jones, in the name and behalf of the people, stiling themselves as aforesaid, praying that ' their declaration, that they would consider themselves as a free and independent State, may be re- ceived ; that the district in the said petition described, may be ranked among the free and independent States ; and that delegates therefrom may be admitted to seats in Congress,' be dismissed.
" RESOLVED, That Congress, by raising and officering the regiment, commanded by Col. Warner, never meant to give any encouragement to the claim of the people aforesaid, to be considered as an independent State ; but that the reason which induced Congress to form that corps, was, that many officers of different states, who had served in Canada, and alledged that they could soon raise a regiment, but were then unpro-
Williams.
-
79
CONTROVERSY WITH NEW-YORK.
vided for, might be reinstated in the service of the United-States."
Having recited sundry parapraphes in the letter fron Thomas Young, they next resolve, "That the contents of the said paragraphs are derog- atory to the honor of Congress; are a gross misrepresentation of the reso- · lution of Congress therein referred to, and tend to deceive and mislead the people to whom they are addressed."
While Congress were resolving to dismiss the petition of the inhabit- ants of Vermont, and that " the independent government attempted to be established by its people, could derive no countenance or justification from any act or resolution of that body," the people of Vermont were engaged in forming a constitution of civil government. The convention which declared the independence of Vermont, met, according to adjourn- ment, at Windsor, on the first Wednesday of June. At this meeting, a committee was appointed to make a draft of a constitution ; and a reso- lution was adopted, recommending to each town to elect delegates to meet + in convention, at Windsor, on the 2d day of July following .*
On the 2d of July, the convention met at Windsor. "The draft of a constitution was presented and read. The business being new, and of great importance, required serious deliberation. The convention had it under consideration, when the news of the evacuation of Tyconderoga arrived ; which occasioned great alarm, as, thereby, the frontiers of the state were exposed to the inroads of the enemy. The family of the Pre- sident of the convention, as well as those of many other members, were exposed. In this awful crisis, the convention was for leaving Windsor ; but a severe thunder storm came on, and gave them time to reflect ; while some members, less alarmed at the news, called the attention of the convention to finish the constitution, which was then reading, para- · graphi by paragraph, for the last time. This was done, and the conven- tion appointed a council of safety t to act during the recess, and ad- journed."}
* Allen's history.
+ It may be proper here to record the correspondence between the Council of safety of Vermont and the Governor of New-Hampshire, which resulted in the march, and arrival at Bennington, of the troops under Gen. Stark. and in the memorable victory of the 16th of Angust, 1777, by which the first check was given to the invading army under · Gen. Burgoyne
"Address of the Council of Safety of VERMONT, to the Councils of Safety of MASSA. CHUSETTS and NEW HAMPSHIRE
In Council of Safety, State of Vermont, Manchester, July 15, 1727. GENTLEMEN,
This state, in particular, seems to be at present the object of destruction By the stir- sender of the fortress of Tyconderoga, a communication is opened to the defenceless in- · habitants on the frontier, who, having little more in store at present, than sufficient for the maintainance of their respective families, and not ability immediately to remove their
$ Allen's history.
L
80
CONTROVERSY WITH NEW-YORK.
Previous to the adjournment, it was ordered that the first election, un- der the constitution, should be holden in December, 1777 ; and that the general assembly, thus elected, should meet at Bennington, in January 1778. The publick attention, however, being arrested by the evacua- tion of Tyconderoga, and the progress of the enemy under general Bur- goyne ; the constitution was not printed, seasonably, to have the election holden in December. The convention was, therefore, summoned, by the Council of safety, to meet, at Windsor, on the 24th of December, 1777. They met ;* revised the constitution, and postponed the day of election until the first Tuesday of March, 1778, and the sitting of the As- sembly until the second Thursday of the same month.t
effects, are, therefore, induced to accept such protections as are offered them by the en- emy By this means. those towns who are most contiguous to thein, are under the ne- cessity of taking such protection ; by which the next towu or towns. becomes equally a frontier as the former towns, before such protection; and unless we can have the assist- ance of our friends, so as to put it immediately in our power to make a sufficient stand against such strength as they may send, it appears that it will soon be ont of the power of this state to maintain its territory.
This country, notwithstanding its infancy, seems to be as well supplied with provisions for victualing an army, as any on the continent ; so that on that account we cannot see, why a stand may not as well be made in this state, as in the Massachusetts ; and more especially, as the inhabitants are heartily disposed to defend their liberties
You, gentlemen, will be at once sensible, that every such town as accepts protection, is rendered at that instant incapable of affording any further assistance ; and what is in. finitely worse, as some disaffected persons eternally lurk in almost every inhabited town, such become doubly fortified to injure their country, our good disposition to defend our- selves, and make a frontier for your state with our own, which cannot be carried iata ex. ecution without your assistance Should you send immediate assistance, we can help you ; and should you neglect till we are put to the necessity of taking protection. you know it is in a moment out of our power to assist you. Your laying these circumstances together will. I hope, induce your honours to take the same into consideration, and imme- diately send us your determination in the premises -I have the satisfaction to be, your honours most obedient and very humble servant, by order of council
IRA ALLEN, Sec'ry.
Letter from MESCHECH WEARE President of the State of New Hampshire, to IRA ALLEN, Secretary of the State of Vermont.
SIR,
EXETER, JULY 19, 1777.
I was favoured with your's of the 15th inst. yesterday by express, and laid the same before our general court, who are sitting
We had, previous thereto, determined to send assistance to your state. They have now determined, that a quarter part of the militia of twelve regiments shall be imme- diately draughited, formed into three battalions, under the command of B ig Gen Jobu Stark, and forthwith sent into your state, to oppose the ravages and coming forward of the enemy ; and orders are now issuing, and will all go out in a few hours to the several Colonels for that purpose. Dependence is made that they will be supplied with provi- sione in your state ; and I am to desire your convention will send some proper person or persona to Number Four, by Thursday next, to meet Gen Stark there, and advise with him relative to the route and disposition of our troops, and to give him such information as you may then have. relative to the manouvres of the enemy .- In behalf of the council and assembly. I am, Sir, your most obedient humble servant,
MESCHECHI WEARE, President.
IRA ALLEN, Esq Secretary of the State of Vermont.
* The journals of the several sittings of the convention, are not to be found
t The assembly met at Windsor, on the second Thursday of March, 1778 The con- stitution, under which the government was then organized, and the early journals of the Legislature, will be found in a subsequent part of this volume.
81
CONTROVERSY WITH NEW-YORK.
On the 6th of February, 1778, the Council of safety addressed the in- habitants of Vermont, as follows.
IN COUNCIL OF SAFETY, BENNINGTON, FEB. 6TH, 1778. To the Inhabitants of the State of VERMONT.
GENTLEMEN,
The united and joint representatives of this state, in their general con- vention, held at Windsor, on the 2d day of July last, did compose, and agree, unanimously, on a constitution for the future government and mu- tual advantage of its inhabitants. It was then proposed by the joint agree- ment of the said representatives, that such constitution should be printed, so as to have had them circulated among the inhabitants, seasonably, to have had the general election of representatives to compose the general assem- bly, in December last ; who, by agrement, was to have met at Benning- ton, within this state, in the month of January last. But finding, by re- peated experience, that the troubles of the war, and encroachments of the enemy, would, of necessity, render it impossible, this council did think fit to again call on the members of the general convention, to meet ; who, accordingly, met at Windsor, on the 24th day of December last, and did, unanimously, agree to postpone the day of election until the first Tuesday of March next, and the sitting of the assembly to be at Windsor, on the second Thursday of March next. The constitution is now printed, and will be distributed among the inhabitants of the several towns in this state, so early, that they may be perused before the day of election ; which, this council hope, will, sufficiently, recommend the most safe and just method of choosing of representatives to compose the general assem- bly. Nothing but a real zeal for the future well being of the United States of America, in general, and this, in particular, could have induced this council to have undertaken the arduous task of sitting, so many months successively, to provide for the safety of its inhabitants. They, therefore, flatter themselves that their services will meet the approbation of their employers. The Council are fully of opinion that nothing but the want of a firm attachment and joint connection of the inhabitants of this state, can frustrate, or prevent their being what they so reasonably wish to be.
I am, Gentlemen, by order of Council, Your most obedient humble servant,
THOMAS CHITTENDEN, President.
The deliberate determination to maintain their independence, evinced by the people of Vermont, in the organization of a constitutional govern- ment ; though it did not reconcile New-York to a relinquishment of her claim of jurisdiction over the contested territory, evidently contributed to produce a change in her policy ; as will appear by the following Pre- clamation,
ST
82
CONTROVERSY WITH NEW-YORK.
" By his Excellency GEORGE CLINTON, Esq. Governor of the State of New-York, General of all the Militia, and Admiral of the Navy of the same.
A PROCLAMATION.
L. S. WHEREAS the Senate and Assembly of this state, did, by their several resolutions, passed the twenty-first day of this instant month of February, declare and resolve, That the disaffection of many persons, inhabiting the north eastern parts of the county of Albany, and certain parts of the counties of Charlotte, Cumberland and Gloucester, clearly included within the ancient, original, true and lately established bounds of this state, arose from a contest, about the property of the soil of many tracts of land, within those parts of the said counties respectively :
That the said contest was occasioned, partly by the issuing of divers interfering patents or grants, by the respective governments of New-York, on the one part, and those of Massachusetts-Bay and New-Hampshire, on the other, antecedent to the late establishment of the eastern boundary of this state ; partly by an higher quit-rent reserved on the said lands, when re-granted under New-York, than were reserved in the original grants under New-Hampshire or Massachusetts-Bay, and the exorbitant fees of office accruing thereon ; and partly by a number of grants made by the late government of New-York, after the establishment of the said eastern boundary, for lands which had been before granted by the govern- ments of New-Hampshire and Massachusetts-Bay, respectively, or one of them ;" in which last mentioned grants by the late government of New- York, the interest of the servants of the crown, and of new adventurers, was, in many instances, contrary to justice and policy, preferred to the equitable claims for confirmation, of those who had patented the lands under New-Hampshire or Massachusetts-Bay :-
That the aforesaid disaffection has been greatly increased, by an act passed by the Legislature of the late Colony of New-York, on the ninth day of March, in the year of our Lord, one thousand seven hundred and seventy four, entitled, " An Act for preventing tumultous and riotous as- semblies in the places therein mentioned, and for the more speedy and effectual punishing the rioters :- That many of the aforesaid disaffected persons, though unjustifiable in their opposition to the authority of this state, labour under grievances, arising from the causes above mentioned, which, in some measure, extenuate their offence, and which ought to be redressed :-
That, therefore, the Legislature of this state, while on the one hand, they will vigorously maintain their rightful supremacy over the persons and property of those disaffected subjects, will, on the other hand, make overtures to induce the voluntary submission of the delinquents :-
That an absolute and unconditional discharge, and remission of all prosecutions, penalties and forfeitures, under the above-mentioned act, shall be an established preliminary to such overtures ; which overtures are as follows, viz.
1st. That all persons actually possessing and improving lands, by title under grants from New-Hampshire or Massachusetts-Buy, and not grant- ed under New-York, shall be confirmed in their respective possessions.
-
83
CONTROVERSY WITH NEW-YORK.
2d. That all persons actually possessing and improving lands, not granted by either of the three governments, shall be confirmed in their respective possessions, together with such additional quantity of vacant land, lying contiguous to each respective possession, as may be necessary to form the same into a convenient farm; so as the quantity to be con- firmed to each respective person, including his possession, shall not ex- ceed three hundred acres.
3d. That where lands have heretofore been granted by New-Hamp- shire and Massachusetts-Bay, or either of them, and actually possessed in consequence thereof, and being so possessed, were, afterwards, granted by New-York, such possessions shall be confirmed ; the posterior grant under New-York, notwithstanding.
Provided always, That nothing in the above regulations contained, shall be construed to determine any question of title or possession, that may arise between different persons claiming under New-Hampshire or Massachusetts-Bay, or between persons claiming under New-Hampshire on the one, and under Massachusetts-Bay on the other, part, independent of any right or claim under New-York.
4th. That, with respect to all such cases, concerning the aforesaid con- troverted lands, as cannot be decided by the rules exibited in the afore- going articles, or some one of them, the Legislature of the state of New- York, will provide for the determination of the same, according to the rules of justice and equity, arising out of such cases respectively, without adhering to the strict rules of law.
5th. That, in all cases, where grants or confirmations shall become ne- cessary, on acceptance of the above overtures, such grants or confirma- tions, shall issue to the grantees, at, and after, the rate of five pounds for a grant or confirmation of three hundred acres or under ; and for every additional hundred acres, the additional sum of sixteen shillings ; except in cases, where lands shall be granted or confirmed to divers persons in one entire tract ; in which case, the grants shall issue, respectively, for fifteen pounds each ; which allowances shall be in lieu of all other fees or perquisites whatsoever.
6th. That whenever, agreeable to the above regulations, new grants or confirmations shall become necessary 'under this state, for lands hereto- fore granted by New-Hamphire or Massachusetts-Bay, the same quit- rent only shall be reserved, which was reserved in the original grants un- der New-Hampshire or Massachusetts-Bay.
7th. That where lands, heretofore granted by New-Hampshire or Mas- sachusetts-Bay, have been, since, confirmed to such grantees by new grants under New-York, the quit-rents on such lands, shall be reduced to what they were in the original grants, under New-Hampshire or Massa- chusetts-Bay.
8th. That, in order to encourage the settlement of the aforesaid disputed lands, in a peaceable subjection to the authority and jurisdiction of this state, and also of all other lands held within and under this state, the fol- lowing commutation for the quit-rents, shall be allowed, viz :- That, on payment, at the rate of two shillings and six pence, lawful mo- ney of this state, into the treasury of this state, for every penny sterling of
84
CONTROVERSY WITH NEW-YORK.
quit-rent reserved ; or, on delivery into the same, of seventeen times the quantity of grain, or other commodity, reserved for such quit-rent, the same shall thence forward be utterly discharged, and for ever cease and be extinguished.
That these overtures should be offered with a view, not only to induce- the aforesaid discontented inhabitants of the counties of Albany, Charlotte, Cumberland and Gloucester, to return to a lawful and rightful obedience to the authority and jurisdiction of this state ; but also in favor of all others whom the same may concern ; and to be of no avail to any person or persons whatsoever, who shall, after the first day of May next, yield or acknowledge, any allegiance or subjection to the pretended state of Ver- mont, the pretended government thereof, or to any power or authority, pretended to be held or exercised thereunder.
That the aforegoing overtures, on the condition above expressed, be tendered for acceptance to all persons, to whose case the same, or any or either of them, do, or shall apply, upon the public faith and assurance of the legislature and government of the state of New-York, pledged to such person and persons for the purpose.
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.