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 14
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J. Marsh, D. Governor, Peter Olcott, Assistant, Thos. Moredock, Assist.
Elisha Payne, Bezaleel Woodward, James Bayley,
Stephen 'T'ilden, i . John Wheatley, Alexander Harvey,
Bela 'Turner, Jonathan Freeman, David Woodward,
Abner Chandler, Ichabod Ormsbee, Elijah Alvord,
Benjamin Spaulding, Reuben Foster,
Frederick Smith,
John Nutting, . .. Joseph Parkhurst, Israel Morey,
Benjamin Baldwin, Abel Curtiss, Nehemiah Estabrook,
Thomas Baldwin,
John Young,
Joseph Ilatch.
The protesting members immediately withdrew from the Legislature, Jeaving, in the Assembly, a number barely sufficient to constitute a quorum. This number proceeded to finish the business of the session, and adjourn- ed, on the 24th of October, after having provided, by the following reso- lution, for ascertaining the sense ofthe people on the subject of the union. 5
" In General Assembly, Windsor, October 23d, 1778.
Resolved, That the members of this Assembly lay before their constit- uents, the situation of the union subsisting between this state and sixteen towns, east of Connecticut river ; and be instructed how to proceed rela- tive to said union, at the next session of this assembly.
Whereas there are several inhabited towns in this state, that have not been represented in this assembly, according to constitution ; . and others, whose representatives have withdrawn themselves, and refuse to take a seat in this house :
Therefore, Resolved, That the constable or constables of each respect- ive town in this state, that is not fully represented, according to constitu- tion, and of each respective town whose representatives still refuse to Jake their seats, be, and are hereby directed, to warn all the freemen of
THE NEWBERRY LIBRARY
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their respective towns to meet together at some convenient time and place, by them appointed, within such towns, before the next adjourned session of assembly, and make choice of a representative or representa- tives to attend the assembly, at their adjourned session, to be holden at Bennington, on the second Thursday of february next."
› The excited feeling, which produced the secession of the protesting members, urged them to measures of a more alarming character. 'They immediately assembled, and made arrangements for the meeting of a con- vention ; to which they invited all the towns, in the vicinity of Connecti- cut river, to send delegates .* This convention met at Cornish, in the state of New-Hampshire, on the 9th of December, 1778. The only ac- count of their proceedings, which we have been able to find, is contained in the following abstract of their proposals to the state of New-Hampshire.
1. "To agree upon and settle a dividing line between New Hampshire and the grants, by committees from each party, or otherwise, as they may mutually agree.
Or, 2. That the parties mutually agree in the appointment of a court of commissioners of disinterested, judicious men, of the three other New- England states, to hear and determine the dispute.
Or, 3. That the whole dispute with New Hampshire be submitted to the decision of Congress, in such way and manner as Congress, in their wisdom, shall prescribe.
Provided always, That the grants be allowed equal privileges with the other party, in espousing and conducting their cause.
Or, 4. If the controversy cannot be settled on either of the foregoing ar- ticles, and in case we can agree with New-Hampshire upon a plan of gov- ernment, inclusive of extent of territory, that we unite with them, and be- come with them one entire state, rejecting the arbitrary line drawn on the western bank of Connecticut river, by the King of Great-Britain, in 1764."
The people of Vermont were now fully awake to their danger. The im- policy, as well as injustice of aiding in the dismemberment of New- Hampshire, became too apparent, to admit a doubt as to the course proper to be pursued. They were wise enough to retrace their steps, and rid themselves of a connexion which threatened their ruin. Accordingly, on the second day of the following session, the assembly of Vermont dis- solved the union ; as will appear by the following extract from the journal of their proceedings.
" In General Assembly, February 12th, 1779.
Resumed the consideration of the union between this state and sixteen towns, east of Connecticut river; when, the instructions of the freemen of this state to their representatives, concerning said union, being examined,
* Williams.
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CONTROVERSY WITH NEW-HAMPSHIRE.
it appears that they are instructed to recede from such union .- There- Lore, Resolved, that Mr. Hibbert and Mr. Wells be a committee to join a committee from the council, to prepare a draught relative to dissolving the union between the sixteen towns, before mentioned, and this state ; and report thereon to this House.
. The committee appointed to prepare a draught relative to dissolving the union witlt sixteen towns, east of Connecticut river, with this state, brought in the following report, viz.
Whereas, in consequence of a representation made to the general assem- bly of this state, at their session at Windsor, in March 1778, by a com- mittee, consisting of seven persons, inhabiting several towns, lying contig- uous to the east side of Connecticut river, that a number of inhabited towns, east of said river, were then unconnected with any state, in regard to their internal police : and, on said committee's application to the gen- eral assembly, that the said towns might be admitted into union with this state, orders were issued by the assembly to the representatives' constitu- ents, for instructions in the premises :
.And whereas,. in consequence of such instructions, the representatives of said constituents, when met, at their adjourned session, at Bennington, on the eleventh day of June last, did receive into union with said state, sixteen towns, east of said Connecticut river, and grant leave for other towns to unite, if they should choose .:
And whereas, a dispute has arisen, in respect to the right New-Hamp- shire have to exercise jurisdiction over those sixteen towns, as claimed in a letter to his Excellency Thomas Chittenden, Esq. by Meshech Weare, Esq. President of the Honourable Council of the state of New-Hampshire, dated August 22d. 1778 :
And whereas, the general assembly of this state did, at their session at Windsor, in October last, agree on certain methods (contained in the re- port of the grand committee of both. houses) to settle and adjust the dis- pute with New-Hampshire ; nevertheless, the measures to be pursued to effect those methods, were rendered impracticable by the members, east of said river, withdrawing themselves from the house, in an unconstitutional manner, and forming a convention, in direct violation of the most solemn oaths and obligations into which they had entered, declaring themselves discharged from any and every former confederation and association with this state :
And whereas, your committee have just grounds to apprehend that the said sixteen towns are, of right, included within the jurisdiction of New- Hampshire ; they are, therefore, of opinion, that the said union ought to be considered as being null, from the beginning.
JONAS FAY, Chairman of Committee.
The above draughit being read, was accepted, and this house do, there- upon, resolve that the said union be, and is hereby dissolved, and made totally void, null and extinct : and that his Excellency the Governor be, and he is hereby directed to communicate the foregoing draught, and re- solve thereon, to the President of the Council of the state of New-Hamn. shire."
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CONTROVERSY WITH NEW-HAMPSHIRE.
The foregoing report and resolution were transmitted to New Hamp- shire, by Ira Allen, Esq. who presented the same to the President and Council of that state, on the 20th of March following. On his arrival, he found an effort was making to carry into effect the proposals of the Cor- nish convention ; as appears by the following petition.
To the Honourable the President in Council, and the Representatives of the State of New-Hampshire, in General Assembly convened --- The subscribers hereto, beg leave to represent,
That a large number of charters of incorporation of certain tracts of land, were formerly issued from their Excellencies Benning Wentworth and John Wentworth, Esqrs. in the name of the King of Great-Britain, lying and being west of the Mason grant, and east of a north line, drawn from the north-west corner of the now state of the Massachusetts-Bay, to Lake Champlain, and from thence to the latitude of forty-five degrees .- That in the year 1764, the aforesaid King of Great-Britain, in violation of his contract with the grantees, and in an arbitrary manner, passed a decree, that there should be a division of the aforesaid grants between the then Province of New-York and New-Hampshire; to which decree, the inhabitants of said grants were then, and have, ever since, been averse ; as they were, thereby, deprived of privileges which they, of right, claim- ed, and, in their settlement, reasonably expected, within the jurisdiction of New-Hampshire .- That the inhabitants aforesaid, since the declara- tion of independence, view themselves at liberty to connect in one body politic, or unite with any other state .- That they are now, in general, de- sirous of an union with the state of New-Hampshire. That the represent- atives of the people, in assembly, on the 20th of October last, voted, that a defence of the rights of the people be stated by a committee appointed for that purpose, and that answers to some letters, &c. be drafted by said committee .- Also, that offers be made to the state of New-Hampshire, either to settle a boundary line between said New-Hampshire and the grants, by a committee mutually chosen, or in such way as Congress may point out ; or to make an offer of the whole of said grants to New-Hamp- shire.
That on the 9th day of December last, by a convention of committees delegated by the inhabitants of said grants,* it was voted, that proposals of an union with said New-Hampshire be made to the assembly of said state.
In consequence whereof, we, the subscribers, being duly authorised for that purpose, do now propose to this honourable court, that the whole of · said grants be connected and confederated with said state of New-Hamp- shire, receiving and enjoying equal privileges and immunities with the good people of said state.
Dated at Newbury, this 17th day of March, 1779.
JACOB BALLEY. DAVENPORT PHELPS.
* There were but eight towns in Vermont, represented in this convention -. Williams.
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CONTROVERSY WITH NEW-HAMPSHIRE.
4
The following are the proceedings of the Legislature of New-Hamp- ahire, on the foregoing petition.
STATE OF NEW-HAMPSHIRE
In the House of Representatives, April 2d, 1779.
The committee on the petition of Gen. Balley and Mr. Phelps, relating to the New-Hampshire grants, so called, reported, that this state should lay claim to the jurisdiction of the whole of the New-Hampshire grants, so called, lying to the westward of Connecticut river, setting forth the right this state has to the same : allowing and conceding, nevertheless, that if the booourable Continental Congress shall allow the said grants, to the west- ward of Connecticut river, to be a separate state, as now claimed by some of the inhabitants thereof, by the name of Vermont, that in such case the state of New-Hampshire will acquiesce therein .- And that this state shall exercise jurisdiction as far west as the western bank of Connecticut river, and no further, until the dispute is settled by Congress.
By order of the major part of the committee, (SIGNED) JOSIAH 'BARTLET, "Ch.
Which report being read and considered-Voted, That it lie for further consideration, until the next session of the general assembly of this state. Sent upfor concurrence,
JOHN LANGDON, Speaker.
In Council the same day, read, and concurred. E. THOMPSON, Sec'ry.
STATE OF NEW-HAMPSHIRE.
In the House of Representatives, June 24th, 1779.
The house, by vote, took under consideration the report of the com- mittee of the second day of April last, which was, at that session, voted to lie for consideration until this session, relative to the New-Hampshire grants, &c. : And the question being put, whether the report of the said committee be received and accepted, or not ? It passed in the affirmative. Sent up for concurrence,
JOHN LANGDON, Speaker.
In Council, the 25th of June, 1779, read and concurred.
E. THOMPSON, Sec'ry.
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CONTROVERSY WITH NEW-YORK.
Between the claims of New-York, on the one hand, and New-Hamp- shire, on the other, Vermont was now reduced to a situation extremely embarrassing ; and, to add to the embarrassment, Massachusetts also, laid claim to a part of her territory.
At this critical moment, when the state was thus threatened with anni- hilation, events took place, in the county of Cumberland, which gave a new impulse to the controversy with New-York. A party had always existed in that county, opposed to the independence of Vermont ; and yielding, hitherto, but a reluctant submission to its authority. Ą con- vention was organized from the disaffected, which met at Brattleboro, on the 4th of May, 1779, and addressed the Governor of New-York in the following petition.
To His Excellency George Clinton, Esq. Governor of the State of New- York, General and Commander in Chief of all the Militia, and Ad- miral of the Navy of the same.
The Petition of the Committees of the towns of Hinsdale, Guilford, Brattleborough, Fulham, Putney, Westminster, Rockingham, Spring- field, and Weathersfield, in Cumberland County, chosen for the pur- pose of opposing the pretended State of Vermont, and convened at Brattleborough, the 4th May, 1779.
HUMBLY SHEWETH,
That there being a numerous party, in avowed opposition to legal au- thority, your petitioners, and others, have been compelled to submit, though reluctantly, to live without the benefits arising from a well regula- ted government. They have been destitute of the regular means of pu- nishing the most atrocious offenders, and of compelling the execution of private justice. In short, they are, and for a long time have been, in such anarchy, that even committees, where they do exist, are without power.
In this distracted condition your petitioners have -waited, with much impatience, the leisure of the grand council of the American empire, to whose authority alone, these deluded men pretend submission. We had no doubt, as we understood application had been made for the purpose, but Congress would use the first moment they could spare from more im- portant concerns, to recommend to the revolted subjects of the state, a re- turn to their allegiance .- We are encouraged to expect it ; not only as the revolt established a precedent which might be dangerous in other states, and as the continent could derive no assistance, of consequence, from the grants, either in men or money, while they remain under a dis- puted government ; but because the states had confederated for their general and mutual welfare, and bound themselves to assist each other a- gainst all force offered to, or attacks made upon, any of them, on account of sovereignty, or any other pretence whatsoever. But, to our very great surprise and concern, Congress have not, as far as we can learn, done any thing since the year 1776, in a matter of so great moment to the peace and harmony of the confederated states.
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CONTROVERSY WITH NEW-YORK.
That the partizans for a new state, have confiscated and sold, and are selling many valuable real and personal estates.
That they have attempted, repeatedly, to exercise judicial and military authority over those who continue loyal to the state of New - York ; and have, very lately, had the assurance to take the cattle of those who re- fused to comply with their illegal orders. They have also assessed, and endeavoured to collect money from those who do not admit the validity of their authority, and have been restrained only by force. In some in- stances, they have intimidated the subjects of New-York state to give up : their property, rather than to contend with them.
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.They have also made prisoner of a magistrate, acting under the author- ity of the state of New-York, in a matter which no way concerned the subjects of the pretended state of Vermont, and compelled him to give bond iu the penalty of one thousand pounds, lawful money of New-En- gland, conditioned for his appearance before their superior court, in June next. In fine, from the general tenor of their conduct, they now appear determined, at all events, to enforce submission to their government.
That the subjects of the state of New-York here, cannot long endure their present unhappy situation, and have only the state to which they owe allegiance, to look up to, for succour, in this critical and calamitous hour. The protection of individuals, and their property, we esteem the princi- pal end of government ; that protection we have a right to claim, in re- turn for our allegiance. And, we have, besides, the solemn engagements of the Legislature, to concur in the necessary measures for protecting the loyal inhabitants of the state, residing in the counties of Albany, Char- lotte, Cumberland and Gloucester, in their persons and estates ..
Your petitioners were in hopes, that the disaffected party would not have reduced them to the disagreeable necessity of applying for protec- tion, during the continuance of the war with Great-Britain ; but our present circumstances loudly demand the speedy and effectual execution of the promise made by the Legislature. We shall, otherwise, be compelled to obey a government, which we view as an usurpation, and add our strength to oppose one, which we conceive entitled to our dutiful obedience and support.
& ;. Your petitioners, therefore, humbly, and in the most urgent and earnest manner, on behalf of themselves and their constituents, intreat, that your Excellency will take immediate and effectual measures for protecting the loyal subjects of this part of the state in their persons and properties, and to convince the honourable Congress, of the impropriety of delaying a publication of their sentiments, in a matter which so nearly concerns the peace, welfare, and, probably, the lives of inany of their firm adher- ents .- And your petitioners, as in duty bound, shall ever pray, &c.
By order of the committee, SAMUEL MINOTT, Chairman, Brattleborough, May 4th, 1779.
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CONTROVERSY WITH NEW-YORK.
About this time, a military association appears to have been formed in- the county of Cumberland, for the purpose of resisting the government of Vermont. Ethan Allen was directed, by the Governor, to raise the mili -. tia for the purpose of suppressing it. Upon receiving intelligence of this, Col. Patterson, who held a commission in that county, under the author- ity of New York, addressed Governor Clinton, on the 5th of May, re- questing directions how to proceed, and suggesting the necessity of send- ing the militia of Albany county to his assistance .*
The Governor of New-York answered this communication, and the foregoing petition, with assurances of protection ; recommending that the . authority of Vermont should, in no instance, be acknowledged, except in the alternative of submission or inevitable ruin .*
On the 18th of May, the Governor of New-York wrote to the Presi- dent fof Congress, " that matters were fast approaching a very serious crisis, which nothing but the immediate interposition of Congress could possibly prevent ; that he daily expected he should be obliged to order . out a force for the defence of those who adhered to New-York ; that the : wisdom of Congress would suggest to them what would be the conse- quence of submitting the controversy, especially at that juncture, to the decision of the sword ; but that justice, the faith of government, and the peace and safety of society, would not permit them to continue any longer, passive spectators of the violence committed on their fellow citizens."+
This letter, and sundry other papers, were laid before Congress ; andª the following proceedings were had thereon.
Tuesday, June 1, 1779.
According to the order of the day, Congress was resolved into a com- mittee of the whole, and, after some tinie, the President resumed the chair ; and Mr. Plater reported, that the committee of the whole have taken into consideration the letter of the 18th of May, from his Excellency Governor Clinton, the petition of the committee of Cumberland county, the letter of Col. Patterson to Governor Clinton, Governor Clinton's an- swer, &c. and have come to sundry resolutions thereon, which he was or- dered to report :
The report being read, Congress, thereupon, came to the following re- solutions :
Whereas divers applications have been made to Congress, on the part of the state of New-York, and of the state of New-Hampshire, relative to disturbances and animosities among inhabitants of a certain district, known by the name of " the New-Hampshire grants," praying their in- terference for the quieting thereof ; Congress having taken the same into consideration,
Resolved, That a committee be appoinsed to repair to the inhabitants
* Williams' history.
t Abstract of Gov. Clinton's letter, in Williams' history.
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CONTROVERSY WITH NEW-YORK.
of a certain district, known by the name of the New-Hampshire grants, and enquire into the reasons why they refuse to continue citizens of the respective states, which, heretofore, exercised jurisdiction over the said district ; for that, as Congress are in duty bound, on the one hand, to preserve inviolate the rights of the-several states, so on the other, they will always be careful to provide that the justice due to the states, does not interfere with the justice, which may be due to individuals :
That the said committee confer with the said inhabitants, and that they take every prudent measure to promote an amicable settlement of all dif- ferences, and prevent divisions and animosities, so prejudicial to the United States.
Resolved, That the further consideration of this subject be postponed until the said committee shall have made report.
Ordered, That they report specially and with all convenient speed. Resolved, 'That to-morrow be assigned for electing the committee.
Resolved unanimously, That the President inform the Governor of the state of New-York, that a more early attention would have been paid to the pressing applications of that state, relating to the disturbances men- tioned in his several letters, had it not been preven ted by matters of the greatest importance ; and that Congress will continue to pay equal atten- tion to the rights of that state with those of other states in the union.
Wednesday, June 2d, 1779.
Resolved, That the committee to repair to the inhabitants of the New Hampshire grants consist of five, any three of whom to be empowered to act :
The members chosen, Mr. Ellsworth, Mr. Edwards, Mr. Witherspoon, Mr. Atlee and Mr. Root.
While this subject was engaging the attention of Congress, Allen marched with an armed force, and made prisoners of the Colonel and militia officers, who were acting under the authority of New-York .* This fact was immediately made known to Governor Clinton, and by him com- municated to Congress, by letter of the 7th of June. The following are the proceedings of Congress thereon.
Wednesday, June 16th, 1779.
The committee, consisting of Mr. Jenifer, Mr. Armstrong and Mr. Sharpe, to whom was referred the letter of the 7th of June, from governor Clinton, brought in a report ; whereupon,
Resolved unanimously, That the officers, acting under the state of New York, who were, lately, restrained of their liberty, by certain persons of a district, called the New-Hampshire grants, ought to be immediately liberated.
Resolved unanimously, That the committee appointed to repair to the inhabitants of a certain district, known by the name of the New-Hamp- shire grants, be directed to enquire into the matters and things contained in the letters of Governor Clinton of the 27th of May and of the 7th inst.
› Williams' history.
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CONTROVERSY WITH NEW-YORK,
and that copies of the said letters be transmitted to the said committed; and that they be directed to report specially to Congress.
Resolved unanimously, That it was not the intention of Congress, by their resolution of the 1st inst. nor ought the same or any other part thereof, to be construed to hold up principles subversive of, or unfavorable to the internal policy of any or either of the United States :
That as Congress expect very salutary effects from the appointment of the said committee, therefore, all further proceedings on Governor Clin- ton's letter be postponed until they report.
Of the Commissioners appointed by Congress to repair to Vermont, two only attended-Dr. Witherspoon and Mr. Atlee.
We learn from Willianis' history, that they repaired to Bennington in June, and after several conferences with the friends of Vermont and New-York, they returned, without accomplishing the purpose of their mission. From the journals of Congress, we, merely, learn the fact, that they made a report to that body, on the 13th of July, 1779.
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