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 17
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appeal to God and the world, who must be accountable for the awful con- sequences that may ensue.
Signed at Philadelphia, this 22d day of September, A. D. 1780. IRA ALLEN, STEPHEN R. BRADLEY.
Vermont did not cheerfully yield to the policy that produced an indef- inite postponement of a decision on this question ; for, although it evinced that her claims to independence had made some impression on the mind of Congress, yet, it forbid the hope of an immediate recognition of that in- dependence, and her admission into the union. Irritated by the pertina- cious adherence of New-York and New-Hampshire, to their claims, and wounded by the humiliating treatment of her agents at Congress, she re- solved on a different policy,-a policy which should present Vermont in an imposing attitude, and convince the claiming states, that it would be wise to yield to power, what had so long been denied to the claims of justice.
Nothwithstanding the dissolution of the former union with a portion of New-Hampshire, many, east of Connecticut river, still felt a strong desire to be connected with Vermont. Their views on this subject, are exhib- ited in the following document ; which shows, the commencement of a course of proceedings, resulting in a second union.
At a CONVENTION of DELEGATES from the several towns in the County of Cheshire, in the State of New Hampshire, held at Walpole, in said county, on the 15th day of November, in the yeur of our Lord, one thousand seven hundred and eighty.
VOTED, That Dr. Page, Col. Hunt, Capt. Holmes, Daniel Jones, Esq. and Col. Bellows, 'be a committee to confer with gentlemen from any, parts of the territory, called the New-Hampshire grants, concerning the; jurisdiction of the said grants, and to consider what is proper to be done by the inhabitants thereof, relative to their jurisdiction ; that the same may be ascertained and established. Which committee, after due en- quiry and consideration, report as follows, viz. The committee appointed by the convention, held at Walpole, November 15th, 1780, do report, that we have conferred with the several gentlemen present, who were committees from the different parts of the territory, called the New-Hamp- shire grants, viz. Cumberland, Gloucester and Grafton counties, and do find, that many matters lately agitated, with respect to the jurisdiction of the New-Hampshire grants, render a union of the inhabitants of that ter- ritory, indispensibly necessary. The said inhabitants received the grants of their lands from the same jurisdiction, and settled them while a union was extant ; which was an implicit engagement of authority, that it should be continued. But we were unjustly deprived of the advantages resulting from it, in the year 1764, by an arbitrary decree of Great Britain, to which we never acceded : which decree, however, cannot be esteemed efficacious, since the declaration of independence ; it being one of those
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iniquitous measures, by which they were attempting t . oppress the col- onies ; and for which we have since thrown off subjection. This being the case, the union re-exists. And shall we throw it off ? God forbid. The situation of the territory aforesaid, by reason of their being a frontier, as well as many other matters, which are obvious, respecting com- merce and transactions of a public nature, makes it expedient that they be united in all their interests, in order to make their efforts, in that quarter, against the common enemy, more vigorous and efficacious. In respect to government, great disadvantages may arise by a division. In that case, delinquents may easily evade the operation of justice, by passing from one state to another, and thereby be induced more readily to practice iniquity in that part where the body of inhabitants, and the principal traffick, center. And we imagine that a union of public interests, is the only means by which the contentions and animosities, now subsisting among the in- habitants of the territory aforesaid, can be brought to a happy issue : for, so long as the course of justice is in different channels, where people are so nearly allied, disturbances will arise. From authentic information, we cannot but apprehend, that the state of New-Hampshire is greatly remiss, if not grossly negligent (to call it by no harsher name) in trusting affairs of such great importance as the settlement of their western boundary, to a committee, some of whom, we conceive, would risk the loss of half the state, rather than New-Hampshire should extend their claim west of Con- necticut river. And, from the best authority that can be obtained, it ap- pears that the agent of the state aforesaid, is endeavouring to confirm a division of the grants, contrary to their true interests ; which has given the people, on the grants, just occasion to rouse and exert themselves in sup- port of an union of the whole. We, therefore, earnestly recommend, as the only means to obtain an union, preserve peace, harmony, and bro- therly love, and the interest of the community in general, that a conven- tion be called from every town within the said grants, to be held at Charls- town, on the third Tuesday of. January next, at one of the clock, in the afternoon ; and that one or more members be appointed from each town, with proper instructions to unite in such measures as the majority shall judge most conducive to consolidate an union of the grants, and effect a final settlement of the line of jurisdiction.
B. BELLOWS, 2
S. HUNT, D. JONES, Committee.
L. HOLMES, W. PAGE,
In CONVENTION, at Walpole, November 16th, 1780.
The above report being repeatedly read,-Voted,
· * That it be accepted ; and a sufficient number of copies be printed and transmitted to the several towns on the New-Hampshire grants, on both sides of Connecticut river, for their notice, to appoint one or more mem- bers to attend the said general convention ; which shall be deemed a suffi- cient notification.
By order of the Convention, 1
BENJAMIN BELLOWS, Chairman. A true Copy-Attest, DANIEL NEWCOMB, Cherl."
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CLAIM OF JURISDICTION EXTENDED.
In pursuance of the foregoing recommendation, a convention was hold- en at Charlestown, on the 16th of January, 1781 ; which, as stated by Doct. Williams, consisted of delegates from forty three towns .*
On the 10th of February, application was made by the convention, to the Legislature of Vermont, for a union of the grants on both sides of Con- necticut river.
About the same time, a petition was received from sundry inhabitants in the north eastern part of New-York, praying to be admitted into union with Vermont.
On receiving these applications, the Legislature of Vermont, adopted the following measures ; as appears by their journals.
"Wednesday, February 14th, 1781.
The House formed into a committee of the whole, according to ad- journment.
The committee of the whole dissolved, and the Speaker resumed the chair.
The following report was made to the House by the committee of the whole ; viz.
" STATE OF VERMONT, Windsor, February 12th, 1781.
Agreeable to the order of the day, the Governor, Council and House of Representatives, met, and formed into a committee of the whole, for the purpose of taking into consideration the matter of laying a jurisdictional claim east and west. His Excellency, Thos. Chittenden, Esq. in the chair. After some debate, a committee of seven were appointed to pre- pare a report, to be made to this committee, which report was made as follows viz.
'To the grand committee, consisting of his Excellency the Governor, the honorable Council, and House of Representatives ;- Your committee, to whom was refered the several papers from the committee of the Con- vention at Cornish, and also the requests of the inhabitants living north of a line, being extended from the north line of Massachusetts, to Hudson's River, and east of the same river and south of latitude forty-five, beg leave to report viz.
That, whereas the district of country, formely known by the name of the New-Hampshire grants was peopled in consequence of grants of land from New-Hampshire ; and whereas, the former government of New- York did, by cunning, in the year 1764, obtain a Royal order, to exercise jurisdiction to the west-bank of Connecticut river, which was against the consent of the people of said district ; New-York proceeded to grant sub- sequent patents, erect courts, issue writs of ejectment, possession, &c. in prejudice to the first grantees and occupants. The inhabitants, necessi- tated to it, declared a defensive war against the government of New-York, and that government made acts of out lawry against said inhabitants, and warlike preparations was making on both sides. In the interim, the people governed themselves by conventions, who, at several times, made
* The journal of the proceedings of this convention, the Editor has not been able to find.
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CLAIM OF JURISDICTION EXTENDED.
application to New-Hampshire to exert themselves to obtain jurisdiction ; who, by a Proclamation, &c. wholly rejected any such connections. Thus stood the case, at the grand æra of American Independence, when, in kingly governments, all jurisdiction, and jurisdictional lines, ceased, and all governmental powers devolved on the people; when they, contin- uing said convention, emerged into independence, declaring themselves, on the fifteenth day of January, 1777, to be a sovereign, free and inde- pendent people :- And
Whereas the General Court of New-Hampshire, did, on the 19th day of July, 1777, by a letter signed " Meshech Weare, President," directed to " Ira Allen, Esq. Secretary of the state of Vermont,"* acknowledge the independence of this state : and whereas, on the repre- sentation of a committee, inhabiting several towns, east of, and contiguous to Connecticut river, made to the assembly of this state, at their session, in March, 1778, that a number of towns, east of, and adjoining to said river, were unconnected with any state, with regard to their civil police ; this state, upon said representation, did admit sixteen towns, east of said river, to union, and extended jurisdiction over them :- And
, Whereas the General Court of New-Hampshire did, by their letter, dated August 22d, 1778, signed " Meshechi Weare, President of the Council of New-Hampshire," directed " to the honorable Thomas Chiit- tenden, Esq." demand of the state of Vermont a surrendry of their juris- diction, east of said river, which will appear by the following paragraph 2 in said letter, viz .- " I beseech you, Sir, for the sake of the people over whom you preside, and the people, for the sake of their future peace and - tranquility, to relinquish every connection, as a political body, with the towns, east of Connecticut river, who are members of the state of New- Hampshire, entitled to the same privileges as the other people of the said state, from which there never has been any attempt to restrain them."- The Legislature of Vermont, at their session, in February, 1779, on the reception of President Weare's said letter, considering their territory to be larger and more fertile than that of New-Hampshire, allowing the ₹ a.Y latter, said sixteen towns, east of said river, and being unwilling to have a controversy with a neighbouring state, did close with the demand of New-Hampshire, and relinquished jurisdiction, east of said Connecticut river. In this the minds of the two governments met, and virtually set- tled upon the river as the boundary line between the respective states. An agent was then appointed, to transmit the dissolution of said union, to the General Court of New-Hampshire, who, on his arrival there, found, after delivering his message, that there was a plan on foot for laying a ju- risdictional claim to the territory of Vermont, under pretext of friendship, and to baffle the claims of New-York. Said agent made strenuous efforts .against such claims being laid, arguing that it could not be of much ser- vice to Vermont, as she had little to fear from New-York ; and the fur- ther consideration was postponed to their next session. In the interim, an agent was again sent to attend said General Court, with a letter from the Governor of this state, requesting the Legislature of New-Hampshire, in the most urgent manner, not to lay claim to this state. After a hear-
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CLAIMOF JURISDICTION EXTENDED.
ing before both houses, and the most pressing arguments used, the Legis- lature did insist that they would do Vermont a favour ; and accordingly laid their claim, and directed their agents to lay said claim at Congress ; which, together with the claims of the neighbouring states, has prevented this state from obtaining a seat in Congress.
It is to be here observed, that New-Hampshire have, from the time of laying her aforesaid claims, endeavoured to support internal broils in the easterly part of this state, contiguous to Connecticut river. Some gentle- men, inhabitants of the county of Cheshire, that are, or have been, mem- bers of the General Court of New-Hampshire, not long since, in conven- tion, when fital necessity obliged them to it, publickly declared that their intentions were to unite the whole of the grants (meaning Vermont) to New-Hampshire .- And whereas, sundry applications have been made by the people, inhabiting west of the line, known by the name of the Mason line, and east of Connecticut river, to unite with this state in one distinct government. Their last application is in the words following, viz.
' To the Honorable the General Assembly of the State of VER- MONT, now sitting in Windsor.
The committee, appointed by the convention, holden at Charlestown, the 16th of January last, to confer with the assembly of said state, beg leave to inform, that the convention are desirous of being united with the state before mentioned, in one separate, independent government, upon such principles, as shall be mutually thought the most equitable and bene- ficial for the whole ; desiring an answer, as soon as may be.
By order of the Committee,
ELISHA PAYNE.'
WINDSOR, February 10th, 1781.
Therefore, your committee do recommend, in order to quiet the pre- sent disturbances on the two sides of said river, and the better to enable the inhabitants on the two sides of said river, to defend the frontiers, that the Legislature of this state do lay a jurisdictional claim to all the lands situate east of Connecticut river, north of the Massachusetts, and south of latitude 45, and that they do not exercise jurisdiction, for the time being.
Whereas, the government of New-York have, for more than sixteen years last past, made use of every art and cunning, in their power, to usurp the rights and properties of the people of this state ; while every measure, hitherto adopted, has proved abortive, for settling a controversy of such magnitude, so necessary to be settled, for the peace and welfare of the United States at this critical period : the unfortunate situation of this state being that of having an extensive frontier of more than one hun- dred miles in lengthi, to defend against the British invasion from the Pro- vince of Quebec, by the avaricious and ambitious claims of the neigli- bouring governments and by the powers assumed over them by Congress, have, at several times, been embarrassed in raising men and money for the defence of her frontiers ; and, by resolution of Congress, obtained by the claiming governments, notwithstanding the brave exertions of this state in the Bennington battle, &c. every article belonging to the Conti-
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CLAIM OF JURISDICTION EXTENDED.
ment, has been called for and ordered out of the state, even to pick-axes and spades, at a time when the state was erecting a new line of forts on her frontiers ; at which time the state of New-York evacuated their post at Skeensborough, which necessitated the people to petition this state for pro- tection, when this state reinforced her guards, and directed her scouts to cover said people :
And wifereas, it appears, by the best accounts hitherto obtained, that there was a government established by the Court of Great-Britain, before the æra of American independence, including all the lands this state, at present, exercise jurisdiction over, as also a much greater western extent, over which Governor Philip Skeene was to have presided, which over- turns the claims of New-York, on their own stating :
And whereas, it appears that the government of New-York is still de- termined to do every thing in her power, to embarrass and overturn the jurisdiction of this state, and liave made no answer to Governor Chitten- den's letter of the 22d November last, which was sent to the Legislature of New-York, demanding of them to relinquish their claim of jurisdiction to this state, and inviting them to join in the mutual defence of the fron- tier of the two states, against British invasions from the Province of Quebec :
Therefore, your committee do recommend, that the Legislature of this state do lay a jurisdictional claim to all the land, situate north of the north line of the state of Massachusetts, and extending the same to Hudson's river, the east of the center of the deepest channel of said river, to the head thereof ; from thence east of a north line being extended to latitude 45, and south of the same line, including all the lands and waters, to the place where this state now exercise jurisdiction ; and not to exercise ju- risdiction, for the time being.
By order. JOSEPH BOWKER, Chairman.
WINDSOR, February 14th, 1781.
In Committee of the whole, February 14th, 1781.
The aforesaid report was read and accepted.
Attest, ROS. HOPKINS, Clerk.'
The aforesaid report was read and accepted, and thereupon,
Resolved, That this state have and do hereby lay a jurisdictional claim to all the lands and waters, within the lines described in the aforesaid report.
Resolved, That a committee of five be appointed, to join a committee from the Council, for the purpose of waiting upon the committee appoint- ed by a convention held at Charlestown, with the report of the commit- tee of both houses, upon the subject of jurisdictional claims, and passed the house this day. The members chosen, Mr. Harris, Mr. Strong, Mr. Pearl, Mr. Walbridge and Mr. Murdock .??
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UNION WITH PART OF NEW-HAMPSHIRE.
"Friday, February 16th, 1781.
" The committee to whom was referred the request of the convention now sitting at Cornish, &c. brought in the following report, viz.
: That this Assembly is willing to receive the inhabitants of the New- Hampshire grants, east of Connecticut river, and west of the Mason line, into union with this state, if we can agree on terms that shall be safe for- this state, and beneficial for the whole.'
The aforesaid report was read and accepted and,
Resolved, That a committee of two to join a committee from the Coun- cil, be appointed to wait on the Cornish Convention, with the aforesaid report .- The members chosen, Mr. Walbridge and Mr. E. Smith."
" A Resolution from the Convention, passed this day, was delivered to this House, by a committee appointed by said Convention, for the pur- pose, mentioned in said resolve ; and thereupon,
Resolved, That a committee of nine, to join a committee from the Council, be appointed to confer with the said committee from the Con- vention, according to said resolve, and make report of their proceedings, as soon as may be .-- The members chosen, Col. Strong, Mr. E. Smith, Mr. Walbridge, Mr. S. Robinson, Mr. Murdock, Mr. Webb, Mr. M. Powell, Mr. Harris, and Mr. Whipple."
The following exhibits the result of the negociation between the com- mittees above mentioned.
"Articles of Union, agreed upon between the Committee of the Le- gislature of the State of VERMONT, and the Committee of the Con-
vention of the New-Hampshire Grants, at Windsor, in Feb. 1781. ARTICLE 1. That the Constitution of said state be adopted as it now stands, subject to a revision, when the people, at large, shall judge proper. ANSWER .- We cannot agree to a revision of the Constitution, in any other way than is pointed out therein.
REPLY .- The answer of the committee of the Legislature to our first article, not objected to.
ART. 2. That so soon as the circumstances of the state shall admit, the Legislature of the state shall apply to the Congress of the United States, to beadmitted into confederation with them.
ANSWER .- Agreed to.
ART. 3. That no farther grants of land shall be made by the Legisla- ture of Vermont, until the towns included in the Union have opportunity to be represented in the Assembly.
ANSWER .- Not admissible.
REPLY .- Agreed to omit the third article, in confidence the Assembly will act on principles of honor, in respect to it.
ART. 4. That all expences of the several towns, non-represented in the Legislature of Vermont, and those which shall be admitted into the Union, which shall have accrued in respect to the war, be, at some future period, properly adjusted, and that the whole be at equitable charge therein.
ANSWER .- Admitted, on condition the losses of the suffering inhabi- tants of this state, be included.
ART. 5. That a general and full act of oblivion be passed for the per-
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UNION WITH PART OF NEW-HAMPSHIRE.
voos who, on the first day of October last, professed themselves subjects of the state of New-York : and that all judgments for fines, forfeitures, &c. against any, or either of the said persons, for opposing the authority of the state of Vermont, be annulled ; and that no judgments be, hereafter, rendered against any of the said persons for offences heretofore committed against said state.
ANSWER .- Agreed to.
ART. 6. That no civil suits shall hereafter be maintained against any, or either, of the said persons, for trespasses, heretofore committed by them, against any of the officers of the said state or their assistants.
ANSWER .- Agreed to.
ART. 7. That where unappropriated lands were granted by the late government of New-York, antecedent to 1st of September, 1775, the pro- perty of such grantees, now residing upon the New-Hampshire grants, shall be secured to them, free from expence ; and where the same, or any part thereof, has already been granted by this state, compensation in value, shall be made in other unappropriated lands, free from expence.
ANSWER .- Not agreed to .- Whatever compensation of that kind is made, it must be done on application to the Legislature, according to equity, arising out of each particular case.
A Message from Committee of Convention to Committee of the Legislature.
In order that the committee of Convention may the better determine on articles necessary to be proposed, respecting the regulation of Militia, present defence, &c. we would request the committee of the Legislature of Vermont to suggest to us their ideas in respect to the time and manner, in which the Union shall be completed, in case other articles can be mutual- ly agreed on ; and wish for an answer, before we proceed further.
E. PAYNE, for the Committee. To the honorable Committee of the Legislature. "Saturday, 12 o'clock, February 17th, 1781.
The answer of the committee of the Legislature to the foregoing message.
This committee are of opinion that, if articles of Union are fully agreed on, it ought to be completed, at farthest, by the first Wednesday of April next ; and that the manner be as follows, viz.
The Legislature shall call on all the towns, in the state of Vermont, and also on all the towns on the New-Hampshire grants, east of Connec- ticut river, to give their sentiments relative to the Union's taking place, as soon as may be ; and that the votes of each town be returned to the assembly, at their adjourned session, on the first Wednesday of April next; and, on condition that two thirds of the towns in the state of Ver- mont, at a legal town meeting, vote for the union, and also, two thirds of the towns, on the New-Hampshire grants, east of Connecticut river ; at the same time, those towns that vote for the Union (who are not repre- sented) be directed by the Legislature, to choose members to sit in the assembly, who will be admitted, in case the Union is completed as afore- said. By order. I. ALLEN, Clerk.
To the honorable Committee of Convention.
Saturday, 2 o'clock, February 17th, 1781.
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. UNION WITH PART OF NEW-HAMPSHIRE,
The Reply of the Committee of the Convention, to the above Answer of the Committee of the Legislature.
In order to facilitate the raising and subsisting men for the present de- fence, according to the act of the Legislature of Vermont, for that pur- pose, the committee of Convention concur with the proposals of the honor- able committee of that Legislature, in respect to the time and manner of completing the Union, with the following explanations and alterations, viz.
.
1. That those towns only, who make returns, be reckoned, in com- puting the proportion.
2. That an extent of only those towns, east of the river, which are within about twenty miles of it, be referred to.
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