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 20
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151
NEGOCIATION WITH CANADA.
This information had greater influence on the wisdom and virtue of Congress, than all the exertions of Vermont in taking 'Ticonderoga, Crown Point, and the two divisions from General Bourgoyne's army, or their petition to be admitted as a state in the general confederation, and offers to pay their proportion of the expences of the war."*
In September, 1781, the negociation was renewed at Skeensboro ; at which time, Colonel Allen was associated with Major Joseph Fay, an ad- ditional agent on the part of Vermont. We are again indebted to Allen's history, for the following account of the proceedings, at this interview.
" The plan of governement for the colony of Vermont was taken into consideration, which was, for some time, debated ; when it was agreed, that his Majesty in Council should appoint the Governor, but it was ex- pected, to be a subject in the colony ; that the people should appoint a Lieutenant Governor and twelve counsellors, who should form one branch of the Legislature, and the other should consist of one member from each town, who were to be annually elected by the people, similar to the pre- sent form, who should have a right to enact provincial laws, &c. similar to the colony of Connecticut.
r - The British Commissioners suggested an instruction from the Com- mander in Chief, to send scouts and make prisoners of several persons in Vermont, that were most violently opposed to negociations with the Bri- tish government.
This, the agents of Vermont opposed, reprimanding the conduct of the officer, who presumed to send a scout to, and wound, Major Younglove, within Vermont, as being a violation of the armistice agreed on ; that every measure of that kind would stimulate a spirit that must be concil- iated, before a completion of the object wished for.
- The object was then relinquished by the Commissioners, as being dis- eretionary with them, after a conference with the agents of Vermont.
The British Commissioners insisted that Vermont should declare itself a British colony, offering to put on the British establishment one Briga- dier General, two Colonels, and other officers, for two regiments, all to be named by certain inen in Vermont, with other advantageous and lu- crative offers, proposing an expedition against Albany ; that, by uniting the British troops and the Vermontese, they would form a strong barrier, and be able to defend themselves against the States ; that the Commander in Chief was determined not to lose the campaign inactively ; that some- thing effectual must be determined on, before they parted, or the armistice must cease.
The agents of Vermont treated this proposition with candour and delib- eration, stating the local situation of Vermont, and the extent of frontier opposed to the United States to be about two hundred and fifty miles, in- cluding her unions, bounding on as thick settlements as any in the United States ; that amongst the body of the people, were as staunch whigs as any part of America ; that the ties of consanguinity, neighbourly and
.
* Allen's history p. 150-1. 153-5. 161 -- 177.
£
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NEGOCIATION WITH CANADA,
personal friendship, &c were opposed to fighting each other ; that, in the ancient district, as also the unions of Vermont, were some of the most zealous supporters of the independence of America ; that to change the temper and disposition of such men, heated with a revolutionary frenzy, must be a work of time, and-moderation in the time of an armistice, shew- ing them the blessings of repose under a permanent government.
That, considering the extent of the frontiers of Vermont, that a range of green mountains divides it near the centre, through which roads were almost impossible ; under these considerations, it might not be in the power of his Majesty's troops to defend the said frontiers, especially in the winter ; and should they be compelled to retire to Canada, for winter quarters, it would ruin their friends in Vermont, and spoil their best ser- vices. The question, therefore, was, whether, considering the letter from President Weare to Congress, in which he acknowledges that the State of New-Hampshire cannot furnish her quota of men and money, for the service of the United States, in consequence of one third part of the State having revolted and joined the new State, and more, he expected, would follow their example ; that another union, to include Berkshire county, in the Massachusett's, might, in the course of events, take place ; that such measures, with their effects on the people through the States, might be of more service to the King's cause, than any other thing in the power of Vermont to accomplish.
The British Commissioners took down, in writing, the heads of those objections, for the information of the Commander in Chief. They then suggested an instruction, which they said they were not at liberty to de- viate from, without putting an end to the armistice,-which was, that his Excellency General Haldimand should, in pursuance of full powers vested in him, by his Majesty and Privy Council, issue his proclamation, offer- ing to confirm Vermont as a colony under the crown, with the full extent of lier claims, confirming the principles of government as aforesaid, pro- vided the people would return to their allegiance ; that an army should come up the lake in Qctober, with said proclamations, during the session of the Legislature, an. distribute them ; when the Legislature must ac- cept the same, and, with the British, take measures for their common de- . fence, &c.
'The Agents of Vermont were unpleasantly situated on these proposals ; they reinforced the preceding arguments, with these remarks, that the season was too far advanced for such important operations, considering the climate, badness of roads, that no fortifications or preparations were made on the frontiers for defence, that one winter would have great effect in changing the minds of the people for a new order of things, &c. and , that the Commander in Chief, on full consideration of these matters, might be of a different opinion ; but should he not, they hoped the Gene- ral, who brought forward such proclamations, would learn the temper and dispositition of the people before he distributed them ; on these prin- ciples they consented to have the proclamations brought up the lake, rather than break the armistice.
The Commissioners and Agents then separated, on terms of mutual friendship.
·
155
NEGOCIATION WITH CANADA.
In October, 1781, the Legislature met at Charlestown, in the East Union, when the government of New-Hampshire sent a Major Runnals, with two hundred men, as was supposed, to stop the election, and session of the Legislature. The friends of Vermont advised the Major, if he had any instructions from New-Hampshire, which were hostile to Vermont and the East Union, that it would be, for the sake of humanity, adviseable for him to keep them to himself, as his force would not avail : this he prudently did, and the Assembly convened and proceeded to business, without opposition. In the mean time, General St. Leger, at the head of the British army from Canada, ascended the Lake Champlain, and rested at Tyconderoga ; while General Enos had the command of the troops of Vermont, on the frontiers, and his head quarters at Castleton. The General, and a number of officers under him, were fully acquainted with the negociations with the British in Canada ; in particular, Colonels Fletcher and Walbridge. Notwithstanding, it became necessary to keep up appearances, by sending frequently small scouts to Champlain, to ob- serve the movements of the enemy. One of these scouts fell in with a party of General St. Leger's ; some shots were exchanged ; Sergeant Tupper, who commanded the scout from Vermont, was killed on the spot, and his men retreated : the body was decently buried, and General St. Leger sent all his clothes, with an open letter, to General Enos, in- forming him of his regret for the fate of the serjeant, and made an apology for his deathı. Perhaps this was done to try the spirit and disposition of the inhabitants, previous to the publication of the proclamation, as con- ceded to, at Skeensborough, the September before. The dispatch and apparel were publicly delivered to General Enos, which made consider- able noise among the troops.
General Enos, and Colonels Fletcher and Walbridge, wrote letters, and sent, immediately, an express to Governor Chittenden, at Charlestown, announcing the arrival, at Tyconderoga, of the British army ; wherein they blended public matters and private negociation. Mr. Hathaway, the messenger, not being in the secret, failed not to proclaim the extraor- dinary message of General St. Leger through the streets of Charlestown, till he came to the Govervor, which happened in the recess of the Legis- lature, and occasioned crowds of people to follow, to hear the news. The Governor and others were sitting in a large room, amongst whom were some persons that were eager to learn the negociations that were general- ly supposed to be carried on between the British in Canada and Vermont, to make an ill use thereof. The Governor opened one of the letters ; he thought it prudent to peruse it himself, before he allowed it to be publicly read. These letters were found to contain both public and private in- formation, which occasioned some change of letters between the Governor, and Messrs. Brownson and Fassett, who were in the secret, and next to the Governor. In this confused moment, Major Runnals came in, and in- quired of Colonel Ira Allen, what was the reason that General St. Leger was sorry that Serjeant Tupper was killed ? Mr. Allen said that lie could not tell. Mr. Runnals repeated the question ; and Mr. Allen ob- served, that good men were sorry when good men were killed, or met with misfortune, which might be the case with General St. Leger .--- This
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151
NEGOCIATION WITH GANADA.
answer enraged Mr. Runnals ; and he again loudly enquired what rea- sons could possibly induce a British General to be sorry, when his ene- mies were killed, and to send his clothes to the widow ? Colonel Allen then requested Major Runnals to go at the head of his regiment, and de- mand the reasons of his sorrow, and not stay there, asking impertinent · questions, eating up the country's provisions, doing nothing when the frontiers were invaded. Very high words passed between the Major and Colonel Allen, till Mr. Runnals left the room. This manœuvre drew all the attention from said letters. It was then proposed that the Board of War should be convened ; and the Governor then summoned the members of the Board of War to appear, as soon as possible, in his chamber, leaving Mr. Hathaway to detail the news to the populace,- the Board of War being all in the secret. New letters were made out from General Enos, Colonels Fletcher and Walbridge's letters, and, for the information and satisfaction of the public, read in council and assem- bly, for the originals, and then returned to the Governor. Those letters contained every thing but the existing negociations, which prudence and policy dictated to be separated from the other part of said letters.
In the mean time, Colonel Allen and Major Fay wrote to the British Commissioners, who were with General St. Leger, on the subject of their former negociations, in which they gave a list of the names of the mem- bers of the Legislature, with marks, denoting the new members, from which the change appeared great. They suggested the capture of Lord Cornwallis and liis army, and added that, whether true or not, it liad the same effect upon the people, who soon hoped for better news. In this critical situation, they thought it improper to publish the proposed pro- clamation, as several changes and circumstances seemed to presage more happy events, that would soon make all right. The packet, containing Colouel Allen and Major Fay's letter, was delivered at Tyconderoga, about ten o'clock in the morning. About an hour after, an express arrived from the southward, which was supposed to contain the news of the cap- ture of Lord Cornwallis and his army ; for, before evening, the troops, stores, &c. were embarked, and, with a fair wind, returned to Canada .- Thus ended the campaign of 1781, with the accidental loss of only one man, on the extensive frontiers of Vermont, exposed to an army of ten thousand men ; yet she did not incur any considerable debt .- Such were the happy effects of these negociations."*
We do not learn that any further interview took place between the A- gents of Vermont and the British Commissioners. Several communica- tions, on this subject, passed from Canada to Vermont, in the year 1782, as appears from the following extract from Allen's history,-with which we close the account of this interesting negociation,
"In the winter of 1782, the British in Canada were impatient to learn what effect the capture of Lord Cornwallis had produced. Their anxiety, and confidence in the people of Vermont, will best appear from the stile,
Allen's history, P. 185-193.
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NEGOCIATION WITH CANADA.
in the extract of the following letter from the British agent, dated Feb- ruary 28th, 1782. " My anxiety to hear from you, induced me to apply to bis Excellency (General Haldimand) for leave to send the bearer with this; which having obtained, I earnestly request you to send me, in the most candid, unreserved manner, the present wishes and intentions of the . people, and leading men of your State, respecting our former negociations ; and what effect the late catastrophe of Lord Cornwallis has on them. Will it not be well to consider the many chances and vicissitudes of war ? However brilliant the last campaign may appear, the next may wear a very different aspect. Add to this, the great probability of your being ruined by your haughty neighbours, elated by (what they call) a signal victory ; and I hope you will see, as I do, that it is more than ever your interest, to unite yourselves with those who wish to make you a happy and free government. Will there be a proper time to send the proclamations ? I repeat my request, that you will tell me, without reserve, what may be expected in future."
April 22d, 1782, the British agents wrote,-" in confidence, we take this opportunity to acquaint you, by the authority of his Excellency Gen- eral Haldimand, that he is still inclined to treat amicably with the people of Vermont ; and these his generous and humane inclinations, are now seconded by much stronger powers from his Majesty, than he has hitlerto enjoyed for that purpose. We do, in confidence, officially assure you, that every article proposed to you, in his Excellency's former offer, as well as the confirmation of the east and west unions, in their utmost limits, will be amply and punctually complied with. We hope your answer may be such, as to unburden our anxious minds." Extremely fearful about the event, and impatient at not receiving an answer, on April 30th, they wrote again, and carried their offers and promises to a still greater extent :- " His Excellency has never lost sight of his first object ; and I am happy to be able, in this, to inform you, that the General has lately received, by way of Halifax, full powers from the King to establish V -- t government, including the full extent of the east and west unions, with every privilege and immunity, formerly proffered to you ; and he is, likewise, fully authorized, as well as sincerely inclined, to pro- vide amply for ***** , and to make ***** Brigadier General, in the line, -- ********** field officers, with such other rewards, as your sincerity, and good services in bringing about the revolution, may, in future, merit. In short, the General is vested with full powers to make such rewards, as he shall judge proper, to all those who distinguish themselves in promoting the happy union. And, as his Excellency has the greatest confidence in you, and ***** , much will depend on your recommendations."
· Extract from General Haldimand's letter in the summer of 1782.
" You may rest assured that I shall give such orders, as will effectually prevent hostilities of any kind being exercised in the district of Vermont, until such time as a breach on your part, or some general event, may make the contrary my duty. And you have iny authority to promulgate, in suchi manner as you shall think fit, this my intention, to the people of the said district, that they may, without any apprehension, continue to
156
PROCEEDINGS RELATIVE TO ADMISSION
encourage and promote the settlement and cultivation of that new couli- try, to the interest and happiness of themselves, and their posterity."*
One of the British agents wrote, March 25th, 1783, after some reports of peace, and before officially made known, in this stile :
" I am commanded to acquaint you, that, actuated from the beginning, by a sincere desire of serving you, and your people, as well as of promot- ing the royal cause, by re-uniting you with the mother country, his Ex- cellency never lost an opportunity of representing every circumstance that could be advanced in your favour, to the King's ministers, in the hope of accomplishing a reconciliation. His Excellency will continue, by such representations, to do all in his power to serve you ; but what effect it may have, at this late period, is very uncertain. While his Ex- cellency sincerely regrets the happy moment, which it is much to be fear- ed, cannot be recalled, of restoring to you the blessings of the British government, and views with concern the fatal consequences approaching, which he has so long, and so frequently predicted, from your procrasti- nation, he derives some satisfaction from a consciousness of not having omitted a circumstance, which could tend to your persuasion, and adopt- ion of his desired purpose. In the present uncertain state of affairs, un- informed as his Excellency is, of what is doing, or perhaps done, in a general accommodation, he does not think fit, until the result shall be known, to give any opinion, which may influence you, perhaps, to the prejudice of your interests, or that might interfere with the views of gov- ernment. If the report, now prevailing, has any foundation, a very short time will determine the fate of Vermont. Should any thing favour- able present, you may still depend on his Excellency's utmost endeavours, for your salvation."t
Thus terminated a negociation, by which Vermont, abandoned, and ex- posed, at every point, was protected, as if by magic, from the overwhel. ming power of the enemy ; while, at the same time, and by the very same means, she added to lier importance in the estimation of Congress and secured a more respectful hearing of her claims to independence !
From the history of this negociation we now turn to an examination of the Proceedings relative to the admission of Vermont into the union.
Immediately after the formation of the western union, viz. on the 22d of June, 1781, the Legislature of Vermont appointed Jonas Fay, Ira Allen and Bezaleel Woodward, Esquires, delegates "to repair to the American Congress, with full powers to propose to, and receive from, them, terms for an union of Vermont with the United States, and to take seats in Congress, as delegates from Vermont, when terms of union should be agreed on and ratified."į
* Haldimand's letter to Governor Chittenden, dated Quebec, 8th August, 1788
Allen's history, P 240 -- 4
1 Journals of Vermont.
157
INTO THE UNION.
On the 7th of August, the subject was brought before Congress, and the following resolutions were adopted.
"Whereas the States of New-Hampshire and New-York, have submitted to Congress the decision of the disputes between them and the people in- habiting the New-Hampshire grants, on the west side of Connecticut river, called the State of Vermont, concerning their respective claims of jurisdiction over the sald territory, and have been heard thereon ; and whereas, the people aforesaid claim and exercise the powers of a sovereign independent state, and have requested to be admitted into the federal union of the United States of America : in order thereto, and that they may have an opportunity to be heard in vindication of their said claim :
Resolved, That a committee of five be appointed to confer with such person or persons, as may be appointed by the people residing on the New-Hampshire grants, on the west side of Connecticut river, or by their representative body, respecting their claim to be an independent state, and on what terms it may be proper to admit them into the federal union of these states, in case the United States, in Congress assembled, shall de- termine to recognize their independence,-and thereof make report :
And it is hereby recommended to the people of the territory aforesaid, or their representative body, to appoint an agent or agents to repair ini- mediately to Philadelphia, with full powers and instructions to confer with the said committee on the matters aforesaid, and on behalf of the said people, to agree upon, and ratify, terms and articles of union and confederation with the United States of America, in case they shall be ad- mitted into the union : and the said committee are hereby instructed to give notice to the agents of the states of New-Hamphshire and New- York, to be present at the conference aforesaid.
Resolved, That, in case Congress shall recognize the independence of the said people of Vermont, they will consider all the lands belonging to New-Hampshire and New-York, respectively, without the limits of Ver- mont aforesaid, as coming within the mutual guarantee of territory con- tained in the articles of confederation ; and that the United States will, accordingly, guarantee such lands and the jurisdiction over the same, a- gainst any claims or incroachments from the inhabitants of Vermont · aforesaid."
On the 17th of August, the committee of Congress were specially in- structed to confer with the agents from Vermont ; as appears by the fol- lowing extract from the journals of that day.
Friday, August 17th, 1781
"Congress took into consideration a report of the committee, appointed in pursuance of the resolution of the 7th, to confer with agents to be ap- pointed by the people of the New-Hampshire grants, on the west side of Connecticut river ; and to whom was referred a letter from Jonas Fay, Ira Allen, and Bezaleel Woodward, wherein they represent that the said J. Fay, I. Allen, and B. Woodward have produced to them a commission, npder the hand of Thomas Chittenden, Esquire, empowering them, a-
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PROCEEDINGS RELATIVE TO ADMISSION
mong other things, to repair to the American Congress, and to propose to, and receive from, them, terms of union with the United States : whereupon,
Resolved, That it be an instruction to the committee, to confer with the said Jonas Fay, Ira Allen, and Bezaleel Woodward, on the subject of their mission."
On the 18th, the following conference took place, between the com. mittee of Congress and the agents of Vermont.
"Question 1st. Are the boundaries, set forth in the written propositions delivered in by the said agents, at this time, claimed by the State of Ver- mont, as the lines of jurisdiction, the same as contained in the resolution of Congress of the 7th of August instant ?
Answer. They are the same, with the addition of part of the waters of Lake Champlain, for the benefit of trade.
Question 2d. What part do the people of Vermont mean to take, as to the past expences of the present war, and what aid do they propos : to afford as to men and money, to the common defence ?
Answer. Such proportion as shall be mutually judged equitable, after their admission to a seat in Congress, which has been, at several different times, officially proposed by agents on the part of Vermont.
Question 3d. What are the ideas of the people of Vermont relative to the claim of private property, under grants or patents from New-Hamp- shire, or New York, previous to the present revolution ?
Answer. Although the State of Vermont have not, hitherto, authorized any Courts to take cognizance of such causes, as 'respect titles of lands, nevertheless, they have had, and still have it in contemplation to adopt such modes, as the circumstances, arising out of each case, may justify, without adhering to the strict rules of law.
Question 4th. What are the intentions of your constituents, in regard. to the patents that were granted on conditions of settlement within a giv- en time, and which have been prevented by the claims of the people of Vermont, and the present revolution ?
Answer. No forfeitures have been taken by the State of Vermont, on any such grants, for non-performance of conditions of settlement, and we conceive it to be the intention of our constituents to grant a further rea- sonable time for fulfilling such conditions.
Question 5th. What are the number of inhabitants within the lines mentioned in the propositions above mentioned ?
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