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 13
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I beseech you, Sir, for the sake of the people you preside over, and the said people, for the sake of their future peace and tranquility, to relinquish every connection, as a political body, with the towns on the east side of Connecticut river, who are members of the state of New-Hampshire, cn- titled to the same privileges as the other people of said state, from which there has never been any attempt to restrict them.
... 1I am, Sir, with due respect,
Your obedient humble servant,
MESHECH WEARE, President of the Council of the state of N. II. LALTA:
Hon. THOMAS CHITTENDEN, Esq.
On the receipt of this letter, Governor Chittenden convened the Coun- cil ; and Gen. Ethan Allen was requested to repair to Philadelphia, to ascertain, in what light the proceedings of Vermont were viewed by Congress.
On his return, Gen. Allen made the following report.
"To his Excellency the Governor, the Honourable the Council, and to the Representatives of the freemen of the State of Vermont, in General Assembly, met."
GENTLEMEN,
The subscriber hereto, begs leave to make the following report, viz. By the desire of his Excellency, and at the request of several of the Members of the hopourable the Council, to me made in September last, I have taken a journey to Philadelphia, in order to gain knowledge how the political situation of the State of Vermont stood, in the view of Congress ; which I here exhibit. 1
On the 16th day of September last, I am informed by members of con- gress, that the delegates from the state of New-Hampshire exhibited to
. At this session of the Legidature, representatives from ten of the sixteen towns on the east side of Connecticut river, took their seats in the General Assembly, - Williams
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CONTROVERSY WITH NEW-HAMPSHIRE.
congress a remonstrance (which they had, previously, received from the council and assembly of said state) against the proceedings of the state of Vermont, with respect to their taking into union a number of towns, on the east side of Connecticut river, and in their inviting other towns to revolt from New-Hampshire; a copy of which I, herewith, exhibit : a matter which, they alledge, was incompatible with the right of New- Hampshire, and an infringement on the confederacy of the United States of America ; and, therefore, desired the congress to take the matter un- der consideration, and grant some order thereon, to prevent the effusion of blood, and the confusion and disorders which would, otherwise, inev- itably ensue.
The delegates from New- York, at the same time, exhibited to congress sundry papers, containing allegations against the state of Vermont, which, after some altercations, were admitted; and it was agreed that the same, together with the remonstrance from the state of New-Hampshire, should be taken under consideration, on the afternoon of the, 18th, by a commit- tee of the whole house : at which time it was moved to be brought for- ward, but urgent business occasioned its being deferred to the 19th ; at which time I arrived at Philadelphia, and being, immediately, informed of the business by some of the members of congress, I used my influence agafrist its being hastily determined ex parte ; and particularly objected to the complaints from the states of New-Hampshire and New-York, their being both considered at the same time, alledging that they were of a very different nature. And, in consequence of this, together with my earnest request and application, I obtained assurance that the matter should not be brought to a decision, before I could have an opportunity to lay the matter before this people ; as I had, previously, let the members of con- gress know, that the assembly of this state was to sit at this time ; and I engaged to transmit the proceedings of this assembly to congress, as soon as they transpired, at their request.
'The allegations, thrown by New-York, received a most severe shock on the perusal of my late pamphlet in answer to his Excellency Governor Clinton's proclamation, dated in February last, containing certain over- tures to the inhabitants of this state ; as well as from my large treatise on the nature and merit of the New-York claim, and their treatment to the inhabitants of this now state of Vermont. In fine, the New-York com- plaints will never prove of sufficient force in congress, to prevent the establishment of this state. But, from what I have heard and seen of the disapprobation, at congress, of the union with sundry towns, east of Con- necticut river, I am sufficiently authorised to offer it as my opinion, that, except this state recede from such union, immediately, the whole power of the confederacy of the United States of America will join to annihilate the state of Vermont, and to vindicate the right of New-Hampshire, and to maintain, inviolate, the articles of confederation, which guarantee to each state their privileges and immunities.
Thus, gentlemen, I have given you a short representation of the political situation of this state, as it now stands in the general congress of the United-States of America, upon which I stake my honour.
Giren under my hand, at Windsor, this 10th day of Oct. A. D. 1778
ETHAN ALLEN."
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CONTROVERSY WITH NEW-HAMPSHIRE.
Immediately after the foregoing report was made, the Legislature of Vermont took up the subject of the union ; and the following proceedings were had thereon.
STATE OF VERMONTS
In General Assembly, at Windsor, Tuesday, Oct. 13, 1778.
Resolved, That this assembly now join his Excellency the Governor, and the honourable council, in the committee of the whole ; to take into consideration the matters contained in the letter of the 22d of August last, from the honourable Meshech Weare, Esq. President of the Council of New-Hampshire to his Excellency Governor Chittenden ; and every matter which may relate to the subject therein contained ; and that they report, thereon, to this assembly.
· STATE OF
+: VERMONT, S
Windsor, October 13th, A. D. 1778.
In a committee of the Governor, Lieutenant Governor, Council and Representatives of the general assembly of said state ; to take into consi- deration the matters contained in a letter of the 22d of August last, from the honourable Meshech Weare, Esq. President of the Council of New- Hampshire, to his Excellency Governor Chittenden ; and every matter, which may relate to the subject therein contained.
His Excellency THOMAS CHITTENDEN, Esq. in the Chair. . BEZALEEL; WOODWARD, Esq. Clerk.
Sundry papers were laid before the committee, viz.
A letter from President Weare to Governor Chittenden, dated August 22d last.
:
Answer from Governor Chittenden to President Weare, dated Sept. 3d. Copy of a letter from President Weare, in behalf of the council and as- sembly of New-Hampshire, to their members at the Continental Congress, dated August 19th, 1778.
Report of Col. Ethan Allen, from members of congress of the 10th inst. Protest from Hinsdale, Brattleborough, &c. dated April 15th.
And a copy of a letter from Governor Clinton to Pelatiah Fitch, Esq. dated July 7th, 1778.
A verbal representation was also made by Col. Ethan Allen, of the situation of affairs relative to this state, at the honorable Continental Con- gress : after which, the matters, relative to the union of sundry towns, east of Connecticut river, with this state, were largely discussed,
Committee then adjourned till to-morrow morning, eight o'clock : and continued, by various adjournments, to the 16th.
. October 16th .- Committee met, according to adjournment-when the following question was put, viz.
Whether this committee will enter on such measures as may, in their opinion, have a tendency to support the union with the towns, east of Connecticut river ? which was voted in the affirmative.
Committee adjourned till to-morrow morning, eight o'clock.
October 17th .- Committee met, according to adjournment : at which time his Excellency Governor Chittenden, his honor Lieutenant Governor Marsh, Col. Elisha Payne, the honorable Jonas Fay and Bezaleel Wood-
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CONTROVERSY WITH NEW-HAMPSHIRE.
.ward, Esq. were appointed a committee to draw the out-lines of a plan to be pursued, for the further establishment of the state ; and to lay a founda- tion for an answer to President Weare's letter to Governor Chittenden.
Committee adjourned till Monday next, two o'clock, P. M.
Monday, October 19th .- Committee met, according to adjournment. : The committee, appointed on the 17th instant, made their report, as
on file ; which was repeatedly read, and approved. And thereupon
VOTED, That this committee, having taken into their consideration the matters contained in the letter from the honorable Mesliech Weare, Esq. President of the Council of New-Hampshire, to his Excellency Governor Chittenden, &c. agree to report to the general assembly the measures proposed by their sub-committee, as having, in their opinion, the most effectual tendency for the further establishment of this state .- Which were reported accordingly : and are as follows, viz.
STATE OF VERMONT, Windsor, October 19th, A. D. 1778.
To the committee, consisting of the Governor, Deputy Governor, Council and House of Representatives. 195 4
Your committee, appointed to draw the out-lines of a plan to be pur- sued for the establishment of the state, beg leave to propose as follows, viz.
First. That a declaration be drawn up, setting forth the political state of the grants, on both sides of Connecticut river, from the time of their being granted-viz. that the grants were taken as being under jurisdiction of the government of New-Hampshire ; where the grantees expected to have remained :- that the King of Great-Britain, under the influence of false and ex-parte representation, passed a decree in Council, A. D 1764, that part of the grants should be under the control of the government of New-York :- that said decree was, in its nature, void, from the begin- ning, on account of the undue influence, under which it was obtained : and that the whole of said grants were, consequently, of right, under the same jurisdiction, as before said decree took place-but the Governor of New-Hampshire, not exercising jurisdiction over those, west of the river, they remained, part under the jurisdiction of the government of New- York, but the greater part in opposition thereto, till near the time of the declaration of independence of the United States, by which the whole of the grants became unconnected with any state ; and had an opportunity to assert, and enter on, measures to support their just rights, and were at liberty to unite together, or with any other state, which might agree tore- ceive them. In this situation, the inhabitants on the grants, west of the river, (already determined, by the cruel treatment they received from New-York, not to be under the control of that state, ) entered on measures for establishing government among themselves ; and a considerable number of towns on the grants, east of the river, after various ineffectual endeavors to unite with New-Hampshire, on such principles as they esteemed just and equitable, united with the grants, west of the river on the plan of government, which they had adopted ; and with them have solemnly covenanted to support each other in said government. And as, by their situation and agreement, in manners, habits, &c. they conceive they are called upon, and warranted, to set up and maintain civil govern-
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CONTROVERSY WITH NEW-HAMPSHIRE.
ment in a distinct state ; and as those grants ought not to be divided bea. tween New-York and New-Hampshire, or any other way, merely to serve interested views ; they are unanimously determined, in every prudent and lawful way, to maintain and support, entire, the state as it now stands. " .. . ...
... Second. That proposals be made to New-Hampshire, that those towns only, which lie west of the Mason claim, and which shall accede to a union with this state, agreeable to a resolve of assembly at their session, at Bennington, the eleventh day of June last, be admitted to a union with this state. And, in case New-Hampshire shall not agree thereto, or to some line that shall be agreed on, as an equivilent, that they agree to a submission of all matters of complaint and dispute in the premises, to congress, for a decision ; the grants being allowed equal privileges as the state of New-Hampshire, in supporting their cause-or that they submit the matter to any court, that may be agreed on, and constituted by the parties, for a decision ; saving to themselves, in the trial, all right, pri- vilege and advantage, which they had, or might have, by any former grant, jurisdiction, power and privilege, on account of any former sit- uation or connection with any province or state, heretofore had ; and notwithstanding any subsequent transactions.
Third. That a committee be appointed to draw these proposals at large, and report them to this assembly ; that they may be transmitted to the council and assembly, of New-Hampshire, desiring their answer ; and that copies thereof be transmitted to congress, and to other states for their information, and for the vindication of our conduct ; also to all the towns on the said grants.
Fourth. That the general assembly proceed to erect courts, and enact laws and regulations for the support of government ; as far as the circum- stances ofthe state will admit.
By order, THOMAS CHITTENDEN, Chairman.
The joint committee, then, dissolved.
Attest, BEZALEEL WOODWARD, Clerk.
In General Assembly, Monday, October 19th.
The joint committee of Governor, Lieutenant Governor, Council and Assembly, made their report, as before mentioned, and the consideration thereof, was deferred till to-morrow.
Tuesday, October 20th.
The report of the joint committee of Governor, Lieutenant Governor, Council and Representatives, made yesterday to this assembly, was read, and approved ; and thereupon,
Resolved, That the first and second articles, in the report of measures proposed by the joint committee, be transmitted to the President of the honorable Continental Congress, and to the President of the Council of New-Hampshire, with proper letters accompanying them.
Resolved, That Col. Payne, Mr. Jones and Mr. Woodward, be a com- mittee, to join a committee from the council, to make a draft of the a- bove mentioned letters, to be laid before this assembly.
Resolved, That a committee be chosen, by ballot, to draw up the pro- posed declaration at large, to be laid before this assembly.
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CONTROVERSY WITH NEW-HAMPSHIRE.
97
Chose Col. Allen, Col. Payne, Dr. Fay, Mr. Woodward and General Bayley, a committee for the above mentioned purpose.
Resolved, That the two first articles, in the report of measures propo- sed to be pursued, for the establishinent of the state, be printed in hand bills, and transmitted to all the towns on the New-Hampshire grants.
Resolved, That Mr. Nathaniel Robinson, Col. Payne, Mr. Woodward, Capt. John Fassett, jun. Mr. Post, Capt. Throop, Capt. Ebenezer Cur- tiss, Maj. Bayley and Mr. Wells, be a committee, to join a committee from the council to draw a bill to be laid before this assembly, for divi- ding the state into four counties.
An r . Wednesday, October 21 st.
: The following questions were proposed, and answered, as herein stated. Question 1st. Whether the counties, in this state, shall remain as they were established by this assembly, at their sessions in March last ? Yeas 35, ciz. Nays 26, viz.
Capt. Noble,
Col. - Walbridge,
Capt. John Fassett, & Mr. 'Jackson,
Mr. Millington,
Mr. Alvord,
Capt. John Fassett, jun.
Mr. Aiken,
Mr. Thomas,
Mr. Tilden,
Mr. Bradley, -
Mr. Bartholomew,
Capt. Gideon Ormsbee,
Mr. Smith,
Mr. Powell,
Mr. Benjamin Baldwin,
Capt. Underhill,
Mr. Nutting,
Mr. Moses Robinson,
Mr. Foster,
Mr. Adams,
Mr. Estabrook,
Mr. Rowley,
Capt. Wheatley,
Mr. Ward,
Capt. Turner,
Mr. Lewis,
Mr. Freeman,
- Mr. Post,
Capt. Woodward,
Mr. Belknap,
Mr. Thomas Baldwin
Capt. Jonathan Fassett,
Col. Payne,
Capt. Powers,
Mr. Chandler,
Mr. Foot,
Maj. Bayley,
Capt. Starr,
Capt. Young,
Mr. Wells,
Mr. Curtiss,
Mr. Hamilton,
Capt. Hatch,
Capt. Knight,
Mr. Parkhurst,
Col. Fletcher,
Mr. Harvey,
Mr. Nathaniel Robinson,
Maj. Chandler,
Mr. Webb,
Mr. Woodward.
Mr. Scott,
Capt. E. Curtiss,
Mr. Gallup, Capt. Williams,
Capt. Throop,
Capt. Hodges, .
Mr. Harris,
Mr. Miles,
Mr. Cooper,
N
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CONTROVERSY WITH NEW-HAMPSHIRE.
The following reasons were assigned by those on the negative of the foregoing question, and inserted by their desire, viz.
We, whose names are hereunto annexed. being entered as nays, on the foregoing question, hereby assign our reasons for thus voting.
First. Because the whole State of Vermont was, (by the establishment referred to in the question) in March last, divided into two counties only ; which was previous to the union of the towns, east of Connecticut river, with this state ; and, consequently, they never have been annexed to any county in the state ; and, therefore, will thereby, be put out of any pro- tection or privileges of said state; which we conceive to be inconsistent with the 6th section of the bill of rights, established as part of the Con- stitution.
Second. Because the affirmative of the question is in direct opposition to the report of the committee of both houses (of the 19th inst. ) on the subject ; which was confirmed by a resolve of Assembly yesterday ; as may appear by the report of said committee, and resolves of the house thereon ; reference thereto, being had.
Elisha Payne, Bezaleel Woodward, James Bayley,
Stephen Tilden,
John Wheatley,
Alexander Harvey,
Bela Turner,
Jonathan Freeman,
David Woodward,
Thomas Baldwin, John Young,
Edward Aiken,
Benjamin Baldwin, Abel Curtiss,
Nehemiah Estabrook,
Abraham Jackson, ".
Ebenezer Walbridge,
Joseph Hatch,
Tim. Bartholomew,
John Nutting,
Joseph Parkhurst,
Abner Chandler, Frederick Smith,
Reuben Foster.
Question 2d. Whether the towns. east of Connecticut river, included in the union with this state, shall be included in the county of Cumberland ?
Question 3d. Whether the towns on the east side of Connecticut river, who are included, by union, within this state, shall be erected into a dis- tinct county by themselves ?
Yeas 28, viz.
Nays 33, viz.
Col. Walbridge,
Capt. Noble,
Mr. Jackson,
Capt. John Fassett,
Mr. Alvord,
Mr. Millington,
Mr. Aiken,
Capt. John Fassett, jun.
Mr. 'Tilden,
Mr. Thomas,
Mr. Parkhurst,
Mr. Bradley,
Mr. Bartholomew,
Capt. G. Ormsbee,
Mr. Smith,
Mr. Powell,
Mr. Benjamin Baldwin,
Capt. Underhill,
Mr. Nutting,
Mr. Rowley,
Mr. Foster,
Mr. Moses Robinson,
Mr. Estabrook,
Mr. Adams,
Capt. Wheatley,
Mr. Belknap,
Capi. Turner,
Mr. Ward,
Mr. Lewis,
Mr. Post,
Mr. Freeman,
Capt. Jonathan Fassett,
Capt. Woodward,
Capt. Powers,
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CONTROVERSY WITH NEW-HAMPHSIRE.
"Mr. Thomas Baldwin,"
Mr. Foot,
Capt. Starr,
Capt. Young, Mr. Abel Curtiss, Capt. Hatch,
Mr. Wells,
Mr. Hamilton,
Col. Payne,
Capt. Knight,
Mr. Harvey, -
Col. Fletcher,
Mr. Chandler,
Mr. N. Robinson,
Mr. Webb,
Mr. Woodward, Maj. Bayley,
Mr. Scott,
Col. Morey,
Cap. E. Curtiss,
Capt. Ormsbee.
Capt. Williams,
Capt. Throop,
Capt. Hodges,
Mr. Harris,
Mr. Miles,
Mr. Cooper.
We, whose names are under written, were on the affirmative of the two last foregoing questions, because, the negative being passed, the towns on the east side of Connecticut river, who are included, by union, with this state, are thereby effectually debared from all benefit, protection and security of the commonwealth of Vermont, in violation of the sixth ar- ticle in the bill of rights, which is established as part of the constitution of said state ; and in violation of the public faith of said state, pledged by their general assembly, at Bennington, June 11th, 1778 ; and also a re- solve of this assembly passed yesterday, whereby the towns, east of the river, which were received into union with said state, were entitled to all the privileges and immunities, vested in any town in said state; as by said resolutions may appear, reference thereto being had.
Elisha Payne, Bezaleel Woodward, James Bayley, Alexander Harvey,
Stephen Tilden, John Wheatley,
Bela Turner,
Jonathan Freeman,
David Woodward,
Thomas Baldwin,
Jolın Young, Edward Aiken,
Benjamin Baldwin, Abel Curtiss,
Nehemiah Lstabrook,
Abraham Jackson,
Ebenezer Walbridge,
Joseph Hatch,
Abner Chandler, Abner Lewis,
Ichabod Orsmbee,
Israel Morey, Elijah Alvord.
Resolved, That the following matters be printed, for the perusal of the several towns represented in this assembly. viz.
A list of the names of representatives, who have attended this assem- bly, with their towns annexed.
The resolution of the house by which the joint committee was formed. The report of the joint committee on the 19th inst.
The proceedings of assembly thereon, yesterday.
The resolution passed yesterday, respecting division of counties. And the whole of the proceedings of Assembly, passed this day, toge- ther with the reasons annexed by dissentients.
Extracted from the Journals and compared.
By BEZALEEL WOODWARD, Clerk.
John Nutting,
Joseph Parkhurst,
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CONTROVERSY WITH NEW-HAMPSHIRE.
The unanswerable appeal contained in the communication of Presi- dent Weare to Governor Chittenden, together with the report of Ethan Allen, seem, at length, to have brought the Legislature of Vermont to a stand, on the subject of the union. The votes, which we have recorded, plainly evinced a determination to proceed no further in the hazardous experiment.
These proceedings, however, produced great excitement in the feelings of the minority. This minority consisted of the members from the towns east of Connecticut river, and sundry members from the vicinity of the river, in Vermont. Not contented with entering their reasons on the journals of the assembly, they drew up, and presented to that body, a more formal protest ; in which they were joined by the Lieutenant Governor, and two of the Council. This protest is as follows.
STATE OF 3 VERMONT, SS.
Windsor, October 22d, A. D. 1778.
We, whose names are under written, members of the Council and general assembly of said state, beg leave to lay before the assembly the following, as our protest and declaration against their proceedings on Wednesday the twenty-first inst. in passing the three following votes or resolutions, viz.
First. " That the counties, in this state, shall remain as they were established by the Assembly of this state in March last."
Second. " That the towns on the east side of the river, included in the union with this state, shall not be included in the county of Cumberland."
Third. " That the towns, on the east side of the river, shall not be erected into a distinct county by themselves."
As by said votes on the journals of the house may appear. Which votes are illegal, and in direct violation of the Constitution of this state, and the solemn engagements and public faith pledged by the resolutions of said assembly ; as by the following observations will plainly appear, viz.
1. That as the towns, on the east side of said river, were never annex- ed to any county in said state, they are, consequently, by said votes, en- tirely excluded the liberties, privileges, protection, laws and jurisdiction of said state ; all which were granted them by the state, by an act or re- solve of assembly, passed at Bennington, in June last, containing the union and confederation of the state and said towns ; by which act or resolve of assembly, every town included in the union, received, by grant from the then state of Vermont, all the rights, powers and privileges of any other town in said state ; which they cannot be deprived of, without their consent ; as it is a maxiin that the grantor or grantors cannot re-assume their grant, without the surrendry of the grantee or grantees.
2. That said votes are in direct opposition to a solemn resolution of this assembly, passed the 20th inst. establishing the report of the commit- tee of both houses ; in which report the assembly have solemnly cove- nanted to defend the whole of the state, entire, as it then was, including said towns. 4.
.
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CONTROVERSY WITH NEW-HAMPSHIRE.
S. That, by the Constitution of the State, especially the sixth article In the bill of rights, government is instituted, or declared to be, a right of every part of the community, and not a part only-Said votes, there- fore, are a violation of the Constitution.
14. That, so far as the assembly have power, they have, by said votes, totally destroyed the confederation of the state, by depriving those towns, included in the union, of the exercise of any jurisdiction, power or privi- lege, granted them in the confederation, by which the towns in the state are combined and held together as one body.
And as no political body can exercise a partial jurisdiction, by virtue of a confederation or agreement of the people to exercise government over the whole ; it is, therefore, either void, or destroys both the confederation and Constitution.
We do, therefore, hereby publicly declare and make known, that we cannot, consistent with our oaths and engagements to the state, (so long as said votes stand and continue in force,) exercise any office or place, either legislative, executive, or judicial, in this state ;"but look upon our- selves as being thereby discharged from any, and every, former confede- ration and association with the state.
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