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 15
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The controversies, arising out of the various claims to the territory of Vermont, had now become a subject of general attention. The import- ant consequences involved in them, induced Congress again to take the subject under consideration ; and on the 24th of September, the follow- ing important resolutions were adopted.
Friday, September 24th, 1779.
Congress took into consideration resolutions reported from the com- mittee of the whole, which were agreed to, as follows :
Whereas, on the first day of June last, Congress, by a certain resolu- tion, reciting " that whereas divers applications had been made to Con- gress, on the part of the state of New-York, and of the state of New- Hampshire, relative to disturbances and animosities among inabitants of a certain district, known by the name of the New-Hampshire grants,"' praying their interference for quieting thereof, did resolve, " that a com- mittee be appointed to repair to 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 in- violable 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 commit- tee confer with the said inhabitants, and that they take every prudent measure to promote an amicable settlement of all differences, and prevent divisions and animosities, so prejudicial to the United States :" and did farther resolve, " that the farther consideration of this subject be post- poned until the said committee shall have made report."
And whereas it so happened, that a majority of the committee appointed in pursuance of the aforementioned resolution, did not meet in the said
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district and, therefore, have never executed the business committed to there, or made a regular report, thereupon, to Congress :
Ordered, That the said committee be discharged.
And whereas the animosities aforesaid have lately proceeded so far, And risen so high, as to endanger the internal peace of the United States; which renders it indispensably necessary for Congress, to interpose for the restoration of quiet and good order. :
And whereas one of the great objects of the union of the United States of America, is the mutual protection and security of their respective rights : and whereas it is of the last importance to the said union, that all causes of jealousy and discontent between the said states, should be re- moved ; and therefore, that their several boundaries and jurisdictions be ascertained and settled ; und whereas disputes, at present, subsist between the states of New-Hampshire, Massachusetts-Bay and New-York, on the one part, and the people of a district of country, called the New Hampshire grants, on the other'; which people deny the jurisdiction of each of the said states over the said district, and-each of the said states claim the said district against each other as well as against the said people, as apper- taining, in the whole or in part, to them, respectively
1 Resolved unanimously, That it be, and hereby is, most earnestly, re- commended to the states of New-Hampshire, Massachusetts-Bay and New-York, forthwith to pass laws, expressly authorizing Congress to hear and determine all differences between them, relative to their respective boundaries, in the mode prescribed by the articles of confederation, so that Congress may proceed thereon, by the first day of February next, at the farthest : and further, that the said states of New-Hampshire, Massa- chusetts-Bay and New-York, do, by express laws, for the purpose, refer to the decision of Congress, all differences or disputes relative to jurisdic- tion, which they may, respectively, have with the people of the district aforesaid, so that Congress may proceed thereon, on the first day of Feb- ruary next ; and also to authorize Congress to proceed to hear and de- termine all disputes subsisting between the grantees of the several states aforesaid, with one another or with either of the said states, respecting title to lands, lying in the said district, to be heard and determined in the mode prescribed for such cases, by the articles of confederation aforesaid : and further, to provide that no advantage be taken of the non-perform- ance of the conditions of any of the grants of the said lands, but that fur- ther reasonable time be allowed for fulfilling such conditions.
Resolved unanimously, That Congress will, and hereby do, pledge their faith to carry into execution and support their decisions and deter- minations in the premises, in favour of whichsoever of the parties the same may be ; to the end, that permanent concord and harmony may be established between them, and all cause of uneasiness removed.
Resolved unanimously, That Congress will, on the said first day of February next, proceed, without delay, to hear and examine into the dis- putes and differences relative to jurisdiction aforesaid, between the said three states respectively, or such of them as shall pass the laws before mentioned, on the one part, and the people of the district aforesaid, who claim to be a separate jurisdiction, on the other ; and, after a full and fair
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hearing, will decide and determine the same according to equity ; and that neither of the said states shall vote on any question relative to the decision thereof. And Congress do, hereby, pledge their faith to execute and support their decisions and determinations in the premises.
And whereas it is essential to the interest of the whole confederacy, that all intestine dissentions be carefully avoided, and domestic peace and good order maintained :
Resolved unanimously, That it is the duty of the people of the district aforesaid, who deny the jurisdiction of all the afore-named states, to ab- stain, in the mean time, from exercising any power over any of the inhab- itants of the said district, who profess themselves to be citizens of, or to owe allegiance to, any, or either, of the said states : but that none of the towns, either on the east or west side of Connecticut river, be considered as in- cluded within. the said district, but such as have, heretofore, actually joined in denying the jurisdiction of either of the said states, and have as- sumed a separate jurisdiction, which they call the state of Vermont. And further, that in the opinion of Congress, the said three states afore-named, ought, in the mean time, to suspend executing their laws over any of the inhabitants of the said district, except such of them as shall profess alle- giance to, and confess, the jurisdiction of, the same respectively. And further, that Congress will consider any violences committed against the tenor, true intent and meaning of this resolution, as a breach of the peace of the confederacy, which they are determined to keep and maintain. And to the end, that all such violences and breaches of the public peace may be the better avoided in the said district, it is, hereby, recommended to all the inhabitants thereof, to cultivate harmony and concord among themselves, to forbear vexing each other at law or otherwise, and to give as little occasion as possible to the interposition of magistrates.
. . Resolved unanimously, That, in the opinion of Congress, no unappro- priated lands or estates which are, or may be, adjudged forfeited or con- fiscated, lying in the said district, ought, until the final decision of Con- gress in the premises, to be granted or sold.
Ordered, That copies of the aforegoing resolutions be sent by express, to the states of New- York, New Hampshire and Massachusetts-Bay, and to the people of the district aforesaid, and that they be respectively de- sired to lose no time in appointing their agent or agents, and otherwise preparing for the hearings aforesaid.
'The aforesaid resolutions being read over, and a question taken to agree to the whole,
Resolved, unanimously in the affirmative."
;; On the 2d of October, the first of the foregoing resolutions was amend- ed, as follows.
Whereas in the first resolution of Congress of the 24th of September last, relative to a district of country, called "New-Hampshire Grants," is the following clause, viz.
" And also to authorize Congress to proceed to hear and determine all disputes subsisting between the grantees of the several states aforesaid, with one another, or with either of the said states, respecting title to lands,
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lying in the said district, to be heard and determined in the mode pre- scribed for; such cases by the articles of confederation aforesaid :" and whereas no provision is made in the said articles of confederation for hearing and determining disputes between any state and the grantees of any other state :
Resolved unanimously, That the clause, above recited, be repealed.
Resolved unanimously, That it be, and hereby is recommended to the states of New-Hampshire, Massachusetts-Bay and New-York, to authorize Congress to proceed to hear and determine all disputes subsisting between the grantees of the several states aforesaid, with one another, or with either of the said states. respecting title to lands, lying in the said district, to be heard and determined by " commissioners or judges," to be appointed in the, mode prescribed, by the 9th article of the confederation aforesaid.
Ordered, That a copy of the preceding resolves be transmitted to the said states of New-Hampshire, Massachusetts-Bay and New-York, and also to the inhabitants of the New-Hampshire grants.
The foregoing resolutions were communicated, by express, to the Gov- ernor of Vermont, and laid before the Legislature, then in session. The following extracts from the journals of the assembly, will show the meas- ures adopted by Vermont, on this occasion.
"STATE OF 2 In General Assembly, October 16th, 1779.
SIP VERMONT, S
Resolved, That a committee of four be appointed, to join a committee from the Council, to form the out-lines of a plan to be pursued by this state for defence against the neighboring states, in consequence of the late acts of Congress, for that purpose,
Committee chosen-Gen. Ethan Allen, Mr. Jones, Mr. N. Clark, and Mr. Fassett." 8.
" October 19th, 1779.
Resolved, That this assembly join with the Governor and Council, in a committe of the whole, to-morrow morning, to take into consideration several acts of the honourable the Congress, of the 24th of September last, relating to a settlement of all disputes between the states of New- Hampshire, Massachusetts-Bay and New-York, on the one part, and the state of Vermont on the other."
" October 20th, 1779.
The Assenbly, with the Council, according to their resolution of yes- terday, resolved, into a committee of the whole, to take into consideration several acts of the honorable the Congress, of the 24th September last, relating to a settlement of all disputes between the states of New-Hamp- ahire, Massachusetts-Bay and New-York, on the one part, and the state. of Vermont, on the other, &c.
The committee of the whole being dissolved, the speaker resumed the chair, and the house proceeded to business."
" October 21, 1779.
The committee of the whole brought in the following report, viz.
Agreeable to the order of the day, his Excellency the Governor, the
P
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Council and House of Representatives were resolved into & committee of the whole, to take into consideration the letter of the 25th ult. from his Excellency John Jay, Esq. late President of the Congress of the United States of America, inclosing certain acts of Congress, for an equitable settlement of all 'differences subsisting between the states of New-Hamp- shire, Massachusetts-Bay and New-York, on the one part, and this state, on the other ; and, after some time spent thereon, the Governor resumed the chair, and the following resolutions, being read several times, were · agreed to ; viz.
Resolved unanimously, That it is the opinion of this committee, that this state ought to support their right to independence, at Congress, and to the world, in the character of a free and independent state.
Resolved, That this committee recommend it to the general assembly to make grants of all, or any part of the unappropriated lands within their jurisdiction, that does not interfere with any former grants, as their wis- dom may direct.
Extract from the minutes,
JOSEPH FAY, Clerk.'
On motion made-Resolved unanimously, by this assembly, that they agree to the aforesaid report."
" October 22d, 1779
Resolved, That five persons be chosen, by ballot, agents in behalf of the freeinen of this state, to appear at the Congress of the United States of America, on the first day of February next ; and that they, or any three of them, are, hereby, fully authorized and 'empowered, by the re- presentatives of the freemen aforesaid, to vindicate their right to inde- pendence, at that honorable board.
And furthermore, our said agents, or any three of them, are, hereby, amply empowered to agree upon, and fully settle, articles of union and confederation, in behalf of this state, with the United States ; which shall be binding on us, on our constituents, and our successors. And our said agents are hereby further empowered to transact all other political affairs of this state, at Congress, as a free and independent state ; and report their proceedings herein, to this assembly, as soon as may be.
Agents chosen-Gen. Ethan Allen, the honorable Jonas Fay, and Paul Spooner, Esquires, Stephen R. Bradley, Esq. and the honorable Moses Robinson, Esq."
Massachusetts still persisting in her claim to a part of the territory of. Vermont, his Excellency Governor Chittenden addressed the President of the Council of that state, as follows.
MANCHESTER, October 28th, 1779.
SIR,
I am directed by my Council and the General Assembly of this state, now sitting, to signify to your honor, that his Excellency John Jay, Esq. the late President of the Congress of the United States, has, by express, communicated a letter to me, bearing date the 25th ult. enclosing certain
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Qu'of Congress, for an equitable settlement of all differences subsisting between the state of Massachusetts-Bay, New-Hampshire and New- York, on the one part, and this state, on the other ; by which I obtained the first intelligence of a claim being set up and continued, by Massachusetts state, over any part of this.
% The General Assembly have been pleased to appoint the bearer, Brig. Gen. Allen, to wait on your honorable Council and General Court, to learn over what part of this state you mean to extend your claim, and how far you mean to carry such pretensions into execution, in the trial at Con- gress, on the first day of February next, agreeable to the acts of Congress, with which, I am informed, you are served with a copy. Every neces- sary step shall be invariably pursued, on my part, to bring about an équitable accommodation of all differences aforesaid, agreeable to the strict rules of justice and equity ; which cannot be attended to, in my opinion, without an explicit acknowledgment of the independence of this state ; for
First. Can any, even the least, reason be given for this state's being put under the jurisdiction of New-York, contrary to their will ? Have not the inhabitants of Vermont suffered an infinity of evils, by New-York's pretending to exercise jurisdiction over them, when neglected by every friendly power on the continent, even the authority which gave them being, not excepted ?
Second. Have not Vermont, for many years before the late revolution took place between Great-Britain and America, been forced to the last alternative, the absolute necessity of having recourse to arms, to defend their interest, purchased at the dearest rate ; and of exhibiting that same spirit of patriotism, which has, so far, brought America out of a state of threatened slavery, into the fruition of freedom and liberty ?
Third. Does not that same spirit of freedom now exist among the free citizens of Vermont, which is absolutely necessary to be continued, by the United States of America, in order to carry into execution the decla- ration of Congress, on the 4th of July, 1776 ? Surely it does.
Fourth. Can such a people be draged, or flattered, into a subjection to any one of the United States, or be divided to two or more of them, merely to allow them a stretch of jurisdiction, and thereby augment their power ? Surely they cannot.
If you will please to lay this before your honorable Council and Gen- eral Court, and write me your answer, by the bearer, the favor shall be aver gratefully acknowledged by,
, Sir, your honor's most obedient humble servant,
THOMAS CHITTENDEN.
The honorable the President of the Council of Massachusetts Stale.
Vermont was now, literally, struggling for existence ; a struggle re- quiring the exercise of no ordinary wisdom and firmness. Happily for her, she possessed statesmen, whose resources were equal to any emer- gency ; and ?who would have done honor to any age or any country. "They perfectly understood the ground on which rested the claim of Ver-
-
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mont to independence ; and it is worthy of remark, that, even at the most trying periods, they were never betrayed into a single measure, evincing, in the slightest degree, a disposition to abandon it.
Sensible that the present crisis demanded an extraordinary effort, the . Governor and Council, on the 10th of December, 1779, published " an appeal to the candid and impartial world."* In this appeal, they declare, "that they could not view themselves as holden, either in the sight of God or man, to submit to the execution of a plan, which, they had reason to believe, was commenced by neighbouring States :- that the liberties and privileges of the State of Vermont, by said resolutions, are to be suspend- ed upon the arbitrament and final determination of Congress, when, in their opinion, they were things too sacred ever to be arbitrated upon at all; and what they were bound to defend, at every risk :- that the Con- gress of the United States had no right to intermeddle in the internal po- lice and government of Vermont :- that the State existed independent of any of the thirteen United States, and was not accountable to them, or to their representatives, for liberty, the gift of the beneficent Creator :- that the State of Vermont was not represented in Congress, and could not submit to resolutions passed without their consent, or even knowledge, and which put every thing that was valuable to them, at stake :- that there appeared a manifest inequality, not to say predetermination, that Con- gress should request of their constituents, power to judge and determine in the cause, and never, ask the consent of thousands, whose all was at stake. . 'They also declared that, they were, and ever had been, ready to bear their proportion of the burden and expence of the war with Great Britain, from its first commencement, whenever they were admitted into the union with the other states : but they were not so lost to all sense, and honour, that, after four years war with Britain, in which they had ex- pended so much blood and treasure, they should now give up every thing worth fighting for-the right of making their own laws, and choosing their own form of government-to the arbitrament and determination of any man, or body of men, under heaven."
---
Contrary to the expectation of all parties, the subject was not moved, in Congress, on the first of February, 1780. On the 21st of March, it was taken up, and the following order made thereon.'
" Tuesday, March 21st, 1780.
On motion, to proceed to the order of the day for taking into consider- ation the disputes and differences, relative to the jurisdiction of the states of New-York, Massachusetts-Bay and New-Hampshire, or such of them, as have passed laws, agreeably to a recommendation of Congress of the 24th of September last, on the one part, and the people of a certain tract of country, called the New-Hampshire grants, who claim to be a sepa- rate jurisdiction, on the other part.
* This appeal was drawn up by the honorable Stephen R Bradley. It was the editor's intention to have inserted it entire in this collection ; but his utmost efforts to obain it, aided by the obliging attention of the author himself, have failed of success For the at - stract of it, which is here given, the editor is indebted to Williams' history.
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Ordered, That the same be postponed ; nine states, exclusive of those who are parties to the question, not being represented in Congress."
On the 2d of June, Congress resumed the consideration of the subject, and thereupon, came to the following resolutions.
" Friday, June 2d, 1780.
:" Congress resumed the consideration of the report of the committee on sundry papers respecting the New-Hampshire grants, and thereupon came to the folowing resolutions :
: Whereas, it is represented to Congress, and by authentic evidence laid before them, it appears, that the people, inhabiting the district of country, commonly known by the name of the New-Hampshire grants, and claim- ing to be an independent state, have, notwithstanding the resolutions of Congress of the 24th of September, and 2d of October, proceeded, as a separate government, to make grants of lands and sales of estates, by them declared forfeited and confiscated ; and have also, in divers in- stances, exercised civil and military authority over the persons and effects of sundry inhabitants, within the said district, who profess themselves to be'citizens of, and to owe allegiance to, the state of New-York:
. Resolved, That the acts and proceedings of the people inhabiting the said district, and claiming to be an independent state as aforesaid, in con- travening the good intentions of the said resolutions of the 2-1th of Sep- tember and the 2d of October last, are highly unwarrantable, and subver- sive of the peace and welfare of the United States.
That the people inhabiting the said district, and claiming to be an in- dependent state, as aforesaid, be, and they hereby are, strictly required to forbear and abstain from all acts of authority, civil or military, over the inhabitants of any town or district, who hold themselves to be subjects of, and to owe allegiance to, any of the states, claiming the jurisdiction of the said territory, in whole or in part, until the decisions and determinations, in the resolution aforementioned, shall be made.
. And whereas, the states of New-Hampshire and New-York have com- plied with the said resolutions of the 24th of September and the 2d of Ooctober last, and, by their agents and delegates in Congress, declared themselves ready to proceed in supporting their respective rights to the jurisdiction of the district aforesaid, in whole or in part, according to their several claims, and in the mode prescribed in the said resolutions : and whereas, Congress, by their order of the 21st of March last, did postpone the consideration of the subject of the said resolutions, nine states, exclu- sive of those who were parties to the question, not being represented ; and by their order of the 17th of May last, have directed that letters be written' to the states not represented, requesting them immediately, to send forward a representation.
Resolved, That Congress will, as soon as nine states, exclusive of those who are parties to the controversy, shall be represented, proceed to hear and examine into, and finally determine, the disputes and differences, re- lative to jurisdiction between the three states of New-Hampshire, Massa- chusetts-Bay and New-York, respectively, or such of them, as shall have passed such laws, as are mentioned in the said resolutions of the 24th of September and the 2d of October last, on the one part, and the people of
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the district aforesaid, who claim to be a separate jurisdiction, on the other, in the mode prescribed in and by the said resolutions."
On the 9th of June, the subject was again called up, and the considera- tion of it postponed; as appears by the following extract from the journals.
" Friday, June 9th, 1780.
Nine states being represented, exclusive of New-Hampshire, Massa- chusetts-Bay and New-York.
A motion was made by Mr. Livingston, seconded by Mr. Scott, agree- ably to the resolution of the 2d instant, to proceed to hear and examine into, and finally determine, the disputes and differences, relative to juris- diction between the three states of New Hampshire, Massachusetts. Bay and New-York, respectively, or such of them, as shall have passed such laws, as are mentioned in the resolution of the 24th of September and 2d of October last, on the one part, and the people of the district, commonly known by the name of the New-Hampshire grants, who claim to be a sep- arate jurisdiction, on the other, in the mode prescribed in and by the said resolutions.
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