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 16
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But it being represented, on the part of New Hampshire, that the agent. specially appointed for that business, is not now present, and, from the. great distance, cannot soon attend Congress ;
On motion of Mr. Walton, seconded by Mr. Folsom,
Ordered, That the second Tuesday in September next, be assigned to proceed to hear, and examine into, and finally determine, the disputes and differences, relative to jurisdiction, 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 resolutions 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-Hamp- shire grants, who claim to be a separate jurisdiction, on the other, in the mode prescribed in and by the said resolutions.
Ordered, That copies of the aforegoing order be sent to the states of New-York, New-Hampshire and Massachusetts-Bay, and to the people of the district aforesaid."
The foregoing resolutions were communicated to his Excellency Gov- ernor Chittenden, who laid the same before his Council; and on the 25th of July, addressed the President of Congress, as follows.
SIR, -16. 30!
BENNINGTON, July 25th, 1780.
Your Excellency's letter of the 10th ult. enclosing several acts of Con- gress, of the 2d and 9th of the same month, I accidentally received, the 6th inst. have laid them before my Council, and taken their advice thereon, and now beg your Excellency's indulgence, while I treat on a subject of such moment in its nature, and which so nearly concerns the citizens of this state.
However Congress may view those resolutions, they are considered by the people of this state, as being, in their nature, subversive of the
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natural rights, which they have to liberty and independence, as well as in- compatible with the principles on which Congress ground their own right to independence ; and have a natural, and direct tendency to endanger the liberties of America, which have, hitherto, been defended at great ex- pence, both of blood and treasure.
Vermont's right to independence has been sufficiently argued, and the good consequences resulting to the United States, from its first assuming government, clearly vindicated, in sundry pamphlets, which have been, officially, laid before Congress. I beg leave to refer your Excellency to " Vermont's appeal," &c. particularly from the thirty second to the forty second page ; in which, among other things, is contained a particular an- swer to the resolutions of the 24th of September, referred to in the re- solves of the 2d of June last ; and a denial of the authority of Congress over this state, so far as relates to their existence as a free and independent government.
I find, notwithstanding, by a resolution of the 9th ult. that Congress have assigned the second Tuesday of September next, to judge, absolute- ly, of the independence of Vermont, as a separate jurisdiction. Can Con- gress suppose this government are so void of reason, as not to discern that the resolves of the 2d and 9th of June aforesaid, so far as the authority of Congress may be supposed to extend to this state, are leveled directly a- gainst their independence ? .
Vermont, as before mentioned, being a free and independent state, have denied the authority of Congress to judge of their jurisdiction. Over the head of all this, it appears that Congress, by their resolutions of the 9th ult. have determined that they have power to judge the cause ; which! has, already, determined the essence of the dispute ; for, if Vermont does not belong to some one of the United States, Congress could have no such power, without their consent ; so that, consequently, determining they have such a power, has determined that Vermont have no right to independence ; for, it is utterly incompatible with the rights and prerog- atives of an independent state, to be under the control or arbitrament of any other power. Vermont have, therefore, no alternative ; they must either submit to the unwarrantable decree of Congress, or continue their appeal to heaven and to arms.
There may, in future, be a trial at Congress, which" of the United States shall possess this territory, or how it shall be divided among them : but this does not concern Vermont. And it is altogether probable that there have been proposals for dividing it between the state of New- Hampshire and New-York, the same as the King of Prussia, the Empress of Russia, and the Empress of Hungary divided Poland between those three powers ; with this difference only, that the former are not in pos- session of Vermont.
The cloud that has hovered over Vermont, since the ungenerous claims of New-Hampshire and Massachusetts-Bay, has been seen, and its mo- tions carefully observed by this government ; who expected that Con- gress would have averted the storm : but, disappointed in this, and un- justly treated as the people, over whom 1 preside, on the most serious and candid deliberation, conceive themselves to be, in this affair, yet,
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blessed by heaven, with constancy of mind, and connexions abroad, as an honest, valiant and brave people, are necessitated to declare to your Excellency, to Congress, and to the world, that, as life, liberty and the rights of the people, intrusted them by God, are inseparable, so they do not expect to be justified in the eye of Heaven, or that posterity would call them blessed, if they should, tamely, surrender any part.
Without doubt, Congress have, previous to this, been acquainted, that this state has maintained several posts on its frontiers, at its own expence ; which are well known to be the only security, to this quarter, of the frontier inhabitants of the states of the Massachusetts-Bay and New- Hampshire ; and it is highly probable that Albany, and such parts of the state of New-York, as lie to the northward of that, would, before this time, have been ravaged by the common enemy, had it not been for the indefatigable exertions of this state, and the fears, which the enemy have been, and are still possessed of, that their retreat would be interrupted by the troops from those posts and the militia of this state.
. Thus, by guarding the frontiers, has this state secured the friendship of part of the private gentlemen and yeomanry, even of those states, whose representatives, it seems, are seeking its destruction. And, having the general approbation of disinterested states, this people are, undoubtedly, in a condition to maintain government ; but should they be deceived in such connexions, yet, as they are not included in the thirteen United States, but conceive themselves to be a separate body, they would still have in their, power, other advantages ; for they are, if necessitated to it, at liberty to offer, or accept, terms of cessation of hostilities with Great- Britain, without the approbation of any other man or body of men : for, on proviso that neither Congress, nor the Legislatures of those states, which they represent, will support Vermont in her independence, but de- vote her to the usurped government of any other power, she has not the most distant motive to continue hostilities with Great-Britain, and main- tain an important frontier for the benefit of the United States, and for no other reward than the ungrateful one of being enslaved by them. True, Vermont have taken an active part in the war, subsisting between the United States and Great-Britain, under au expectation of securing her lib- erties ; considering the claim of Great-Britain to make laws to bind the colonists, in all cases whatsoever, without their consent, to be an abridg- - ment of the natural rights of mankind : and it appears that the said re- solves of the 2d and 9th of June, are equally arbitrary, and that they fur- nish equal motives to the citizens of Vermont, to resist the one as the other ; for, if the United States have departed from the virtuous prin- ciples upon which they first commenced the war with Great Britain, and have assumed to themselves the power of usurping the rights of Vermont, it is time, high time, for her seriously to consider what she is fighting for, and to what purpose she has been, more than five years last past, spilling the blood of her bravest sons. ^
This government have dealt with severity, towards the tories, confis- cated some of their estates, imprisoned some, banished some, and hanged some, &c and kept the remainder in as good subjection, as any state be- longing to the union. And they have, likewise, granted unto worthy
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whigs, in the neighboring states, some part of their unappropriated lands ; the inconsiderable avails of which, have been faithfully appropriated for the defence of the northern frontiers ; which, eventually, terminates in the support of the interest, and securing the independence and sovereign- ty of the United States : and, after having faithfully executed all this, have the mortification to meet with the resentment of Congress, circulated in hand.bills and the New-York publick papers, representing their con- duct, " in contravening the good intention of Congress, as being highly 4. unwarrantable, and subversive of the peace and welfare of the United States." 'Those resolves serve only to raise the expiring hopes and ex- pectations, and to revive a languisliing flame, of a few tories and scismat- icks, in this state, who have never been instrumental in promoting the common cause of America.
With regard to the state of the Massachusetts-Bay, they have not, as a legislative body,. laid any claim to the territory of Vermont ; nor have they enacted laws, judicially authorizing Congress to take cognizance thereof, agreeable to the before mentioned resolves ; a majority of their legislative body considering such pretensions to be an infringement on the rights of Vermont ; and, therefore, the state of the Massachusetts-Bay cannot be considered as a party in this controversy.
As to the state of New-Hampshire, although they have judicially au- thorized Congress to make a final adjudication of their late started and very extraordinary claim to the territory of Vermont, yet, by recurring- back to the original proceedings between the two states, it appears, the General Court of New-Hampshire had, previous to laying the said claims, settled their boundary line with the state of Vermont, and established Connecticut river as the boundary between the respective governments ; and, as far as the approbation of the government of New-Hampshire can go, have, previously, conceded to the independence of Vermont ; the particulars of which are too prolix to be given in this letter, but are exhib- ited, at large, in a pamphlet, entitled "A concise refutation of the claims of New-Hampshire and Massachusetts Bay to the territory of Vermont," and which is herewith transmitted as a bar against the right of New- .. Hampshire to a trial for any part of Vermont.
The government of New-Hampshire, ever since the royal adjudication of the boundary line between them and the government of New York, in 1764, have cast the inhabitants of the contested territory, out of their pro- tection, and abandoned them to the tyranny of New York : and have very lately, over the head of the settlement aforesaid, laid claim to the said · territory, and enacted laws as aforesaid, to enable Congress to judicially determine the merit of said claim. How glaringly illegal, absurd and in- consistent, must their conduct as a legislative body, appear, in this respect. Such irregularity among individuals, arises from the ill government of the human passions ; but when that takes place in publick bodies, it is unpardonable, as its influence is more extensive and injurious to society.
Hence it appears, legally speaking, neither the states of New-Ilamp- shire or Massachusets-Bay, can be, with propriety, considered as parties - in the controversy ; and, consequently, New- York is left alone, a compet- itor with Vermont, even admitting Congress are possessed of sufficient
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authority to determine those disputes, agreeable to their resolutions ; which, by this government, is, by no means, admissible.
Notwithstanding the usurpation and injustice of neighboring govern- ments towards Vermont, and the late resolutions of Congress, this gov- ernment, from a principle of virtue and close attachment to the cause of liberty, as well as a thorough examination of their own policy, are in- · duced, once more, to offer union with the United States of America, of which Congress are the legal representative body. Should that be de- nied, this state will propose the same to the Legislatures of the United States, separately, and take such other measures as self-preservation may justify.
In behalf of the Council, I am, Sir, Your Excellency's most obedient, humble servant, THOMAS CHITTENDEN .*
His Excellency SAMUEL HUNTINGTON, Esq. President of Congress.
All parties now anxiously awaited the decision of Congress, on the se- cond Tuesday of September : and although Vermont strenuously denied the authority of Congress to adjudicate upon the controversy, yet, two of her agents, the honorable Ira Allen and Stephen R. Bradley, proceed- ed to Philadelphia, to attend the deliberations.
'The following extracts from the journals of Congress, exhibit the pro- ceedings on this subject.
IN CONGRESS, September 12th, 1780.
"Nine states, exclusive of the states interested, not being represented.
Resolved, That the order of the day, 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 resolutions of the 24th of September and the 2d of October last, on the one part, and the people of the dis- trict, commonly known by the name of the New-Hampshire grants, who claim to be a separate jurisdiction, on the other, in the mode prescribed in- and by the said resolutions-be postponed till Thursday next, and that the members, in town, be notified to attend the house, at 10 o'oclock, in the morning of that day."
"September 19th, 1780.
Resolved, That the order of the day, 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 have passed such laws, as are mentioned in the resolutions of the 24th of September and the 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 separate jurisdiction, on the other, be postponed till six o'clock.
* For this interesting letter, the editor is indebted to the hon. Stephen R. Bradley, who has furnished a copy, taken in 1780 ; on which is found the following memorandum -- " Delivered Congress, Sept. 12th, 1730, and read, codem die, "
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MASSACHUSETTS AND NEW-HAMPSHIRE,
On motion of the delegates of New- York,
Ordered, That the secretary notify Messrs. Ira Allen, Stephen R. Bradley, Luke Knoulton, and Colonel Olcott, to attend this afternoon, on the hearing of the question, respecting the jurisdiction of the tract of country, commonly called the New-Hampshire grants.
Six o'clock, P. M .- Congress met, according to adjournment, and proceeded to hear, &c; the persons notified, attending; when the follow- ing papers were read :
The act of the state of New-York, passed October 21st, 1779, and the act of the state of New-Hampshire, of November, 1779, both passed, pur- suant to the resolutions of Congress of September 24th and October 2d :
A commission to lra Allen and Stephen R. Bradley, Esq'rs. dated . August 16th, 1780, signed Thomas Chittenden, under a seal in the in- Hrument, called the seal of the state of Vermont :
An appointment of Luke Kuoulton, us agent on behalf of the inhabi- tants of Cumberland county, at a convention of the committees of the said county, Brattleborough, August 30, 1780, and signed John Sergeant, chairman pro tempore.
An appointment of Peter Olcott and Bezaleel Woodward, Esq'rs. agents from the towns in the northern parts of the New-Hampshire grants, on both sides of Connecticut river, being part of a district, known by the pame of the state of Vermont, pursuant to a vote of a convention of mem- bers from the said towns, November 17th, 1779, signed Joseph Marsh, chairman of the said convention, and dated New-Hampshire grants, January 1, 1780.
The delegates of New-York, as agents for the state, delivered in sun- dry papers, which were read, with an intent to prove that the land, known by the name of the New-Hampshire grants, on the west side of Connec- ticut river, is within the limits of the state of New-York ; that the state of New-Hampshire have acknowledged this, and that the people on the said tract have been represented in the Legislature of New-York, since the year 1764."
"September 20th, 1780.
Congress proceeded to the order of the day, the parties being present as yesterday, except the delegate for the state of New-Hampshire, who was absent through sickness; when the state of New-York, by its delegates, proceeded in stating evidence to prove that the inhabitants of the tract of country, known by the name of the New-Hampshire grants, west of Con- necticut river, as part of the state or colony of New-York, were duly re- presented in, and submitted to, the authority, jurisdiction and govern- ment of the Congress and convention of the said state, till late in the year :1777 ;, and that, therefore, the people inhabiting the said tract of country have no right to a separate and independent jurisdiction."
"September 27th, 1780.
Congress proceeded in the order of the day, respecting the jurisdiction of the tract of country, commonly called the New-Hampshire grants, all the parties being present, except Ira Allen, and Stephen R. Bradley, who, being duly notified, declined to attend ; when the agent for the state of New-Hampshire proceeded to state evidence tending to prove, that the tract of country, known by the name of the New-Hampshire grants, was
,
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within the state of New-Hampshire, and that, therefore, the people inhab- iting the said tract of country, have no right to a separate and independ- ent jurisdiction. . The gentlemen appearing in behalf of sundry inhabit- ants of the said grants, having nothing to add, and pressing Congress to come to a determination, withdrew.
. . Resolved, That the farther consideration of the subject be postponed."
The agents of Vermont were indignant at this course of proceeding. They perceived that, in attempting to decide upon the controversy be- tween New-York and New-Hampshire, Congress was adjudicating upon the very existence of Vermont, without waiting for her consent, or con. descending to consider her as a party ; thus, in effect, assuming the ground that she did not, in any sense, possess the attributes of sovereignty. They therefore withdrew their attendance, and immediately transmitted to Con .. gress the following remonstrance.
To the Hon. the Congress of the United States of North America.
The remonstrance of Ira Allen and Stephen R. Bradley commissioners from the free and independent state of Vermont, appointed, for the time being, to attend on Congress.
With pleasure they embrace this first opportunity to testify their thanks for the personal honor done them by Congress, in giving them an attend- ance, though in a private capacity, with their honorable body : at the same time, lament the necessity which obliges them to say, they can no longer sit as idle spectators, without betraying the trust reposed in them, and doing violence to their feelings, to see partial modes pursued, plans adopted, ex-parte evidence exhibited, which derives all its authority from the attestation of the party ; passages of writings selected, giving a very false representation of facts, to answer no other end but to prejudice your honorable body against the state of Vermont; thereby to intrigue and bafile a brave and meritorious people out of their rights and liberties .---- We can easily conceive the secretary's office of the state of New-York, may be converted into an inexhaustible source, to furnish evidence to an- swer their purpose, in the present dispute.
Needless would it be for us to inform Congress, that by the mode of trial now adopted, the state of Vermont can have no hearing without de- nying itself : and to close with those resolutions, which we conceive our enemies have extorted from your honorable body, and on which the trial is now placed, would be, in fact, taking upon ourselves that humility and self-abasement, as to lose our political life, in order to find it.
We believe the wisdom of Congress sufficient to point out, that, pursuing the present mode, is deviating from every principle of the laws of nature, or nations : for, if the dispute is between the states claiming on the one part, and the state of Vermont on the other, whether the latter be a state de jure, as an independent jurisdiction de facto ; they ought to be consider- ed in the course of the dispute, until the powers interposing, have deter- mined whether the latter be an independent jurisdiction de jure ; if not, they, of course, ought to annihilate the jurisdiction de facto ; but, to an-
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nihilate the state de facto, in the first place, is summarily ending the dis- pute ; to deny the latter any independent jurisdiction de facto, is to deny there is any longer parties in the dispute.
Again, we conceive the means connected with the end, and upon no principle whatever can we justify, that either party should establish the modus or rules to be pursued in determining disputes, without confound- ing every idea of right and wrong. In the present case, on the one part, might the end as justly have been established, as the way and means to effect the end.
We are far from being willing those brave and strenuous efforts made by the state of Vermont, in the controversy with Great-Britain, should be buried by our grasping adversaries, (thirsting after domination and prey) in the specious pretext of riotously assuming government ; and we, there- by, lose all credit for the men and money we have expended.
Thus, while we are necessitated to remonstrate against the proceedings of Congress in the present mode, we are willing, at the same time, any equitable enquiry should be made, the state of Vermont being allowed equal privileges with the other states, in the dispute.
And that the state of Vermont might stand justified to your honorable body, and to the world, both as to her present and future conduct, we are induced, as well from principles of attachment to the American cause, as a regard we have for peace and harmony among the states of America, now at war with Great-Britain, to make the following proposals, viz.
1st. That the state of Vermont will, as soon as may be, forward to the secretary of Congress, an attested return of all male persons, liable to do duty, agreeably to a militia act, heretofore exhibited to Congress, in a code of laws, entitled, " The Laws of Vermont ;" and the state of Ver- mont shall, for and during the present war with Great-Britain, from year to year, furnish an equal number of troops in the field, in proportion to their numbers, as Congress shall estimate the quotas of the several United States, in proportion to their numbers; which troops shall be clothed, quartered and paid, by the state of Vermont. And, at the close of the war, the dispute shall be equitably settled, by the mediation of sovereign powers ; and nothing herein contained, shall be construed to take away the right any of the United States claim to have, in or over the state of Vermont : Or
2dly. We are willing to agree upon some one or more of the Legisla- tures of the disinterested states, to interpose as mediators, and settle the dispute : Or
3dly. We are willing Congress, being possessed of sovereignty, should interpose to prevent the effusion of human blood : at the same time, we reprobate every idea of Congress sitting as a court of judicature, to deter- mine the dispute, by virtue of authority given them by the act or acts of the state or states, that make but one party.
It gives us pungent grief that such an important cause, at this juncture of affairs, on which our all depends, should be forced on by any gentle- men, professing themselves friends to the cause of America, with such vehemence and spirit as appears on the part of the state of New-York : and shall only add, that, if the matter be thus pursued, we stand ready to
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CLAIM OF JURISDICTION EXTENDED.
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