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 18
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
3. That the towns, not represented in Assembly, shall be immediately called on to elect members to take their seats in Assembly, on the said first Wednesday of April next, in case the Union shall be concurred in by a major part of the towns who act on the matter ; which will, doubtless, include two thirds of the inhabitants.
E. PAYNE, for the Committee.
To the honorable the Committee of the Legislature.
Tuesday, 10 o'clock, A. M. February 20th, 1781.
The Assembly's committee give for answer to the committee of Con- vention, to their proposed explanation. and alteration of the proposals of this committee, as to the manner and time of completing the Union :-
ART. 1. Agreed to.
ART. 2. Agreed to.
ART. 3. That the towns, proposed to be in Union, be immediately called on to choose members to sit in Assembly, on the first Wednesday in April next, in case the Union shall be concurred to, by a major part of the towns in this state, and two thirds of the towns, east of, and within about twenty miles of Connecticut river.
By order, J. FASSETT, Chairman.
To the honorable Committee of Convention.
Tuesday, 3 o'clock, February 20th, 1781 ..
ART. 8. Proposed by the Committee of Convention.
That wherever persons, who professed themselves subjects of New- York, have heretofore been fourfolded, for not giving in their lists to the assessors, or if such cases shall lappen before the approbation of the sev- eral articles of Union by the Assembly and Convention, respectively, the fourfold shall be relinquished, upon the party's giving in his list to the assessors.
ANSWER .- Agreed to.
: ART. 9. That wherever property has been taken, under the authority of Vermont, or shall be taken, before the several articles of Union shall be ratified by the Assembly and Convention, respectively, from any of the persons in the county of Cumberland, who, at, or before, the time of such taking, professed themselves subjects of New-York, for fines, for- feitures, &c. credit shall be given to the persons aforesaid, for the full value of such property, in future military services.
135
UNION WITH PART OF NEW-HAMPSHIRE.
ANSWER .- Not agreed to, in the extensive since that it may-be taken in ; yet, it is expected that whatever personal service has been done, or ines, will be duly considered.
ART. 10. That all actions, pending in any Court in the counties of Cheshire and Grafton, shall be transferred in the situation they shall be in, at the time of completing the Union, to Courts to be then, forthwith, erected, under the authority of Vermont, without cost to the parties, other than would have accrued, had they been terminated in Courts under the jurisdiction of New-Hampshire.
». ANSWER .-- Agreed to.
ART. 11. That those towns, east of the river, who have paid their pro- portion, or any part thereof, of the sixty million of dollars, apportioned to New-Hampshire, shall have credit for what they have severally paid to the treasury of said state, in case Vermont, at any future period, shall have to pay their proportion of the Continental assessment for the money emitted by Congress. ,
ANSWER .- Answered in the answer to the fourth article.
A Message from the Committee of the Convention, to the Committee of the Legislature.
The Committee of Convention beg leave to inform the Committee of the Legislature of Vermont, that they have, at present, no additional ar- ticles, and agree to wave any further objections to answers received to those already proposed, and wish to receive whatever the Legislature's Committee have to add, on the treaty.
E. PAYNE, for the Committee.
The honourable Committee of Legislature.
Tuesday, 5 o'clock, P. M. February 20th, 1781. 5
A Message from the Committee of the Legislature to the Com- mittee of Convention.
As no further proposals are to be made by the Convention's Commit- tee, at present, the Assembly's Committee propose the following articles, as really necessary for the peace and well being of this state, and the United States.
ART. 1. That the independence of the state of Vermont be held sacred; and that no member of the Legislature shall give his vote or otherwise use endeavors to obtain any act or resolution of Assembly, which shall en- danger the existence, independence or well being of the state, by refer- ing its independence to the arbitrament of any power.
ART. 2. That whenever this state becomes united with the American States, and there shall then be any dispute between this and either of the United States, respecting boundary lines, the Legislature of this state will then (as they have ever proposed) submit to Congress, or such other tri- bunal, as may be mutually agreed on, the settlement of any such disputes. By order. J. FASSETT, Chairman. The honourable Committee of Convention.
Wednesday, 11 o'clock, A. M. February 21st, 1781. 5
136
UNION WITH PART OF NEW-HAMPSHIRE.
A Message from the Committee of Convention, to the Committee of the Legislature.
The Committee of Convention agree to article first and second of the proposals of the Committee of the Legislature of Vermont. E. PAYNE, for the Committee.
· Wednesday, 12 o'clock, February 21st, 1781.
By order, JOHN FASSETT, Chairman of the Committee of the Legislature. ELISHA PAYNE, for the Committee of Convention.
The Committees of Legislature and Convention agree to recommend that the assembly of Vermont adjourn to the first Wednesday in April next, then to meet, at Windsor : and that the people, in the several towns, propo- sed to be united, on both sides of the river, be requested to express and make return, at that time, of the sense of the towns in respect to a completion of the Union ; and that those towns who agree to the Union, on either side of the river, who are not duly represented in the assembly, be requested to appoint members to attend the assembly, at the proposed adjournment ; and that the constable or selectmen be requested to warn meetings of the inhabitants of such towns, seasonably for that purpose.
4
JOHN FASSETT, Chairman of the Committee of the Legislature. ELISHA PAYNE, for the Committee of Convention."
WINDSOR, February 21st, 1781.
Proceedings of the Legislature of Vermont and the Convention on the foregoing articles.
STATE OF In General Assembly, February 22d, 1781. VERMONT,
The aforesaid report was read and accepted ; and
Resolved, That the articles of Union agreed to, and proposed, by the Committee of this Legislature, to the Committee of the Convention, be and are hereby confirmed ; and this Assembly do pledge the faith of this state, that said articles be held sacred.
Attest, ROS. HOPKINS, Clerk. In Council, February 22d, 1781.
Read and concurred. THOS. TOLMAN, Sec'ry, pro tem:
In Convention at Cornish, February 22d, 1781.
The foregoing articles and recommendation were read and agreed to. SAMUEL CHASE, Chairman.
Agreeably to the recommendation of the committees, the Legislature of Vermont was adjourned to the first Wednesday in April; at which time, it met at Windsor, and the union of the grants, east and west of Con- necticut river, was consummated ; as appears by the following extract from the journals.
137
UNION WITH PART OF NEW-HAMPSHIRE.
" Thursday, 2 o'clock, P. M. April 5th, 1781.
Met, according to adjournment.
The following was delivered to the speaker by the committee appointed for that purpose, viz.
In Convention at Cornish, Thursday, April 5th, 1781.
Voted, That a committee of three be appointed to wait on the Assem- bly of Vermont; now sitting at Windsor, to inform them of the state of the returns from the towns, on the east side of Connecticut river, and that the way is clear, on our part, for the proposed union, agreeable to the articles of the treaty, and to request information whether the Assembly are ready to receive the members returned to sit in the Assembly, on the union's taking place. The committee chosen, Col. Payne, Mr. Woodward, and Doct. Page .- Extract from the Minutes.
BEZALEEL WOODWARD, Clerk.
List of those towns, east of Connecticut river, which have made re- turns, acceding to an union with the state of Vermont, viz :- Hinsdale, Walpole, Surry, Gilsom, Alstead, Charlestown, Acworth, Leinster, Sa- ville, Claremont, Newport, Cornish, Croydon, Plainfield, Grantham, Marlow, Lebanon, Grafton, Dresden, Hanover, Cardigan, Lyme, Dor- chester, Haverill, Landaff, Gunthwait, Lancaster, Piermont, Richmond, Chesterfield, Westmoreland, Bath, Lyman, Morristown alias Franconia, and Lincoln. The Convention have received no returns of any town dissenting. .
ELISHA PAYNE, BEZA. WOODWARD, WILLIAM PAGE,
Committee."
The several representatives were desired to give in the votes of the towns that they represent, concerning the union ; and the following 'towns were found to have voted to accept the same, agreeable to the ar- ticles, viz .- Shaftsbury, Arlington, Sandgate, Sunderland, Dorset, Reu- port, Pawlet, Poultney, Castleton, Danby, Tinmouth, Rutland, Pittsford, Bethel, Pomfret, Peacham, Fairlee, Guilford, Moortown, Whitingham, Marlborough, New-Fane, Wilmington, Putney, Westminster, Athens, Chester, Windsor, Reading, Thetford, Strafford, Barnard, Royalton, Sharon, Norwich and Hinsdale ; and the following towns disapproved of the said union's taking place, viz :- Bennington, Manchester, Claren- don, Dummerston, Londonderry, Woodstock and Hertford.
Note .- The following towns have not sent in their opinion, viz :--- Wells, Wallingford, Townshend, Wethersfield, Cavendish and Hartford.
Resolved, That a committee of three be appointed to wait on the Con- vention, and inform them that the union is agreed on, by a major part of the towns in this state, agreeable to the articles of union, as proposed ; and that this Assembly will wait to receive the members returned to sit in this Assembly, on the union's taking place, to-morrow morning, nine o'clock, to take their seats. The members chosen, Mr. Walbridge, Mr. Bradley and Mr. Lyon."
It appears from the journals that, on the following day, thirty five rep- resentatives from the grants, east of Connecticut river, took their seats in the General Assembly of Vermont.
S
138
UNION WITH PART OF NEW-YORK.
The eastern union being thus completed, the Legislature of Vermont, next turned their attention to the subject of a union with part of New- York. - Their proceedings, embracing articles of union with that part of New-York, over which they had extended a claim of jurisdiction, will- appear by the following extracts from their journals.
"Wednesday, April 11th, 1781.
Met, according to adjournment.
Agreeable to the order of the day, the house formed themselves into a committee of the whole, with the Governor and Council. Said committee having dissolved, the speaker resumed the chair.
The committee of the whole inade the following report of a sub-com- mittee, viz.
' To the grand committee, consisting of his Excellency the Governor," the honorable the Council and the General Assembly.
Your committee, to whom was referred the consideration of the several petitions and letters from the inhabitants of Granville, Cambridge, &c. requesting this state to exercise jurisdiction over them, for the reasons there in specified, beg leave to report,
That the Legislature of this state do recommend to the people inhab- iting that part of the former government, over which Governor Philip Skeene was to preside, to which this Legislature, at their session in Feb- ruary last, laid a jurisdictional claim, to appoint niembers to attend a Con- vention, at Cambridge, the second Wednesday of May next : that the Legislature of this state appoint a committee to meet said Convention, at said time and place : that said Convention and Committee, take into consideration the defence of the frontiers, and if they can mutually agree on articles of union, that then such Convention proceed to resolve to raise their quota of men, for the defence of the frontiers, with a proper propor- tion of officers, which shall be returned to the hoard of war, and commis- sioned, in the same manner that the troops heretofore ordered to be raised for the present defence of this state, are ; and do duty in the same manner : that in case said Convention and Committee do agree on articles of union, raising men, &c. then such articles of union shall be transmitted to the several districts, in said claim ; when the people of said districts are re- quested, (provided they agree to such articles of union) to choose mem- bers to attend this Assembly ; except such districts had instructed their member or members, in case articles of union were agreed on, that their members should be impowered to take seats in this Assembly ; that, in case two thirds of the districts, in district meeting, choose members as . aforesaid, that then, such members shall take their seats in this Assem- bly : that this Assembly adjourn to the second Wednesday of June next, at Bennington.
JOHN FASSETT, Chairman.'
WINDSOR, April 11th, 1781.
'In the Grand Committee, April 11th, 1781.
The above report was read and accepted,
JOSEPH FAY, Clerk ??
Attest,
139
UNION WITH PART OF NEW-YORK,
" The aforesaid report was read, and after some debate, the question was put, and, the yeas and nays were requested, and they are as follows, via : - Yeas 48, Nays 39.
So it passed in the affirmative.
Resolved, That a committee of two, to join a committee from the Coun- cil, be appointed, to prepare a bill agreeable to the aforesaid report, and make report to this house. The members chosen, Mr. Lyon and Mr. Wells.
Resolved, That a committee of six, to join a committee from the Council, be appointed to meet a Convention to be held on the second Wednesday of Biay next, at Cambridge, for the purposes specified in a report of a committee of both houses, of this day's date; and that a ma- jority of such committee are, hereby, impowered to transact the business pointed out for the said committee in said report, and make report of their doings, to the next session, for their approbation. 'The members chosen, Mr. Walbridge, Mr. Porter, Mr. Williams, Mr. Prentice, Mr. Curtiss and Mr. Child."
1. " Friday, June 15th, 1781.
The representatives of the western district informed this house, in wri- ting, that they were ready to take their seats according to the articles of union, &c.
The committee, who was appointed to treat with the Convention, hold- en at Cambridge, in June last, reported the following articles, viz.
' Articles of union, proposed by the Convention, composed of repre- sentatives from the several districts of Hoosack, Seorticook, Cambridge, Saratoga, Upper-White-Creek, Black-Creek, Granville, Skeensborough,. Greenfield, Kingsbury, Fort Edward and Little Hoosack, convened at Cambridge aforesaid, the 9th day of May, 1781, and, by several adjourn- ments, to the 16th of the same month, inclusive.
ARTICLE 1. That the district, or tract of land, lying north of a line, being extended from the north line of the Massachusetts to Hudson's ri- ver, and east of said river, and south of latitude 45, as comprehended in the late jurisdictional claim by the Legislature of the state of Vermont, be considered as part of said state, and the inhabitants thereof as free citizens.
ANSWER .- Agreed to by the committee of the Legislature of the state of Vermont.
ART. 2. That the whole military force of the state of Vermont(as oc- casion may require) shall be exerted in our defence, as free citizens, against any insurrection, invasion or incursion whatsoever; but especial- ly against the common enemy.
ANSWER .- Agreed to.
ART. 3. That application be made by the Legislature of the state of Vermont, to the Congress of the United States, to be admitted with them, as soon as circumstances will admit.
ANSWER. Agreed to.
ART. 4. That, as the people within the aforesaid late claim, have been called upon, and have paid a considerable part of the continental taxes, into the treasury of the state of New-York, they shall have credit for the same, in case the state of Vermont, at some future period, should be called upon to pay their proportion of money emitted by Congress.
140
UNION WITH PART OF NEW-YORK.
ANSWER .- Agreed to ; provided the services done by the state of Vet- mont, in the present war, be included.
REPLY OF CONVENTION .- Agreed to, provided the expence of said dis- trict, in the present war, be likewise included.
ART. 5. That all actions depending within the late claim, shall be transferred, in the situation they shall be in, at the time of completing the union, to courts that may be then, forthwith erected, under the authority of Vermont, without cost to the parties, other than would have accrued, had they been terminated in courts, under the jurisdiction of the state of New-York.
ANSWER .- Agreed to.
ART. 6. That the change of jurisdiction shall not be understood to effect, or alienate, private property.
ANSWER .- Agreed to.
Articles of union, proposed by the Legistature of the state of Vermont.
ART. 1. That the independence of the state of Vermont be held sacred, and that no member of the Legislature shall give his vote, or otherwise, use his endeavours, to obtain any act, or resolution of Assembly, that shall endanger the existence, independence, or well being, of said state, by re- ferring its independency to the arbitrament of any power.
ANSWER .- Agreed to by Convention.
ART. 2. That, whenever this state becomes united with the American States, and there shall then be any disputes between this and any of the United States, respecting boundary lines, the Legislature of the state of Vermont will then (as they have ever proposed) submit to Congress, or such other tribunal, as may be mutually agreed upon, for the settlement of any such disputes.
ANSWER .- Agreed to.
The foregoing articles were, severally, mutually agreed to by the Con- vention and Committee, at Cambridge, the 15th May, 1781.
Attest, JOIIN ROGERS, Ch. of Convention.
MOSES ROBINSON, Ch. of Committee.'
The aforesaid articles were read, and, after some debate,
Resolved, That this house form themseves into a committee of the whole, with the Governor and Council, to take the aforesaid articles un- der consideration. The committee of the whole having dissolved, the house formed themselves, and the speaker resumed the chair.
And, after some time spent in debating on the said report, it was re- ferred until to-morrow morning, for further consideration.
A declaration of the inhabitants of the western district, giving their reasons for disavowing allegiance to the state of New-York, with their disavował, was read.
Adjourned until to-morrow morning, eight o'clock."
" Saturday, June 16th, 1781.
Met, according to adjournment. ,
The house, again, took up the consideration of the articles of union, agreed on, between the committee, appointed to treat with the Cambridge
141
UNION WITH PART OF NEW-YORK.
Convention, and said Convention, and after some debate, the question was put-whether this house would approve of said articles, as agreed, between said Committee and Convention ? It passed in the affirmative.
The yeas and nays, on the question, being requested by Mr. Wood- ward, and the question being put, whether the yeas and nays should be ,taken-passed in the affirmative, and they are as follows, viz.
Yeas 53 -- Nays 24.
Resolved, That a committee of three be appointed, to wait on the members, returned from the western district, to sit in this Assembly, and inform them that this house are ready to receive them as members of this house, upon their producing their several appointments, &c. The mem- bers chosen, Mr. S. Robinson, Mr. Lyon and Mr. Harris.
The following are the several members, chosen to represent the west- ern district, and were introduced by the aforesaid committee, and pro- duced their credentials, which were read and approved, viz.
Mr. Thomas Benedict and Mr. Benjamin Hicks, Scorticook.
Capt. John Abbot and Lieutenant Jolin Johnson, Hoosack.
Col. Gideon Warren, Greenfield.
David Randall, Esq. and Doct. Abraham Burdick, Little-Hoosack.
- Mr. John Shepherd, Black-Creek.
Mr. Joseph Craw, South-Granville.
Capt. Asaph Cook, Granville.
Aaron Fuller, Esq. Skeensborough.
Mr. Thomas Smith and Mr. Jolin Rogers, Saratoga.
Mr. Phineas Whiteside, Col. Joseph Caldwell, Cambridge.
And they all took the necessary oaths to qualify them to a seat in this house ; except Lieut. John Johnson, and Mr. Benjamin Hicks, who did not attend."
We cannot forbear pausing, for a moment, to contemplate the interest- ing attitude, in which Vermont had now placed herself. No measures could have better exhibited the peculiar genius of her statesmen, and none liave more effectually contributed to sustain her independence, than those we have just recorded. By the unions, thus formed, she had added an ex- tent of territory, equal, at least, to that over which she originally claimed jurisdiction. By this bold and decisive policy, she had augmented her resources-compelled the respect of her enemies-gained upon the con- fidence of her friends-quieted disaffection at home-invited emigration, and thus laid the foundation for a large and powerful state.
6, But there is another view of the advantages resulting from this policy, which produces a still higher conviction of its importance, and exhibits a coincidence of events, as striking, perhaps, as any which distinguishes the early history of this state. We allude to the influence produced by this policy upon the negociations with the enemy, in Canada.
No people were more firmly attached to the cause of American inde- pendence, than the people of Vermont ; and none had more successfully
142
NEGOCIATION WITH CANADA.
contributed to sustain it. Yet, after all their efforts and sacrifices in the common cause, they had the mortification to find themselves denied a just participation in the blessings which they had labored to secure. Their claims to independence. had been treated with indifference-they . were threatened with the dismemberment of their territory and the anni- hilation of their sovereignty, and, to crown the whole, were abandoned by the power, which ought to have protected them, and left to contend, single handed, against the common enemy. Much, therefore, as they were attached to the cause of their country, they could not fail to perceive that every step taken to support it, only rendered their condition more hopeless ; and that it was of no importance to them that the struggle with a foreign enemy should be brought to a successful termination, while they were threatened with subjection to a more detested enemy, at home. In this state of things, Vermont wisely consulted her own safety, and for- tunately secured it, by the negociation to which we have alluded.
The fact that this negociation was conducted with the utmost secrecy, and principally by verbal correspondence, forbids the expectation of find- ing many original papers, connected with it. The most complete account we have been able to find, is contained in "The natural and political his- tory of Vermont," published in London, A. D. 1798, and written by Ira Allen, Esq. who was the principal agent in the negociation. From this history we take the liberty to extract what here follows, relating to this subject.
" The first information, (says Allen,) that the people of Vermont had, that the British Generals in America thought to avail themselves of an advantage in the disputes that subsisted between the claiming States and Congress, on the one part, and Vermont on the other, was contained in a letter from Colonel Beverley Robinson, dated New-York, March 30th, 1780, directed to Colonel Ethan Allen, which was delivered to him, in July, in the street in Arlington. Mr. Allen perused the letter, then told the bearer that he should consider of it, and that he might return.
Colonel Robinson begins his letter thus : " I am now undertaking a task, which, I hope, you will receive with the same good intention that inclines me to make it. I have often been informed that you, and most of the inhabitants of Vermont, are opposed to the wild and chimerical scheme of the Americans, in attempting to separate this continent from Great Britain, and to establish an independent state of their own ; and that you would willingly assist in uniting America again, to Great Britain, and restoring that happy constitution we have so wantonly and unadvised- ly destroyed. If I have been rightly informed, and these should be your sentiments and inclination, I beg you will communicate to me, without reserve, whatever proposals you would wish to make to the Commander in Chief ; and I hereby promise that I will faithfully lay them before him, according to your directions, and flatter myself I can do it to as
------
143
NEGOCIATION WITH CANADA.
good effect as any person whatever. I can make no proposals to you, until I know your sentiments ; but think, upon your taking an active part, and embodying the inhabitants of Vermont in favour of the crown of England, to act as the Commander in Chief shall direct, that you may obtain a separate government, under the king and constitution of England, . and the men, formed into regiments under such officers as you shall re- commend, be on the same footing as all the provincial corps are. If you should think proper to send a friend of your own here, with proposals to the General, he shall be protected, and well treated here, and allowed to return, whenever he pleases."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.