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 21
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Answer. As the citizens of Vermont have not been lately numbered, we can therefore only estimate them at thirty thousand, which we con- ceive to be nearly a true estimate.
Question 6th. What quantity of land is contained within the said bounds ?
Answer. There has been no accurate survey of the State of Vermont, but we conceive it to contain about five millions of acres.
Question 7th. What applications have been made, either publicly or privately, by the enemies of the United States, or their adherents, to draw
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off the people of Vermont from their affection to the United States of America ?
Answer. The honourable committee are possessed of copies of Bev. Robinson's letters, inclosed in Brigadier General Allen's letter of the 9th of March last, to the then President of Congress ; and any private offers we cannot avouch for.
Question 8th. In case the enemy should attempt an invasion of the northern frontiers, what aid, as to men and provisions, could be raised in the State of Vermont, for the public defence, (you can suppose the inva- sion made in different quarters ) and in what time ?
Answer. The number of militia, within the lines herein limited, we suppose to be about seven thousand, are in general well armed and ac- coutred, and have ever shown themselves spirited in case of alarms, &c. In regard to provisions, the country is fertile, but new, and considerable emigrations from other states to Vermont -The Legislature, at their session, in October last, levied a tax on the inhabitants, sufficient for vic- tualling one thousand five hundred troops in the field, for twelve months ; and we are of opinion a larger store may be, in the same manner, collect- ed, the ensuing autumn."
On the 20th of August, the committee of Congress made a report to that body ;- whereupon, Congress came to the following important res- olution.
"It being the fixed purpose of Congress to adhere to the guarantee to the States of New-Hampshire and New-York, contained in the resolutions of the 7th instant :
Resolved, That it be an indispensable preliminary to the recognition of the independence of the people inhabiting the territory, called Ver- mont, and their admission into the federal union, that they explicitly re- linquish all demands of lands or jurisdiction on the east side of the west bank of Connecticut river, and on the west side of a line, beginning at the north west corner of the state of Massachusetts, thence running twenty miles east of Hudson's river, so far as the said river runs north easterly in its general course ; then by the west bounds of the townships granted by the late governinent of New-Hampshire, to the river running from South-Bay to Lake Champlain, thence along the said river to Lake Champlain, thence along the waters of Lake Champlain to the latitude of forty-five degrees north ; excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain."
. Both Vermont and New-York appear to have been dissatisfied with this resolution ;- the former, because it contemplated, as a condition of her admission into the union, the dissolution of the connexions she had just formed, and the latter, because it recognized the claim, against which she had, so long and so earnestly contended :- the one, because Ver- mont was too much reduced,-the other, because she had any thing left: which she could call her own !
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We now proceed to gratify the curiosity of the reader, by presenting the following Proceedings of the Legislatures of Vermont and New-York, on the reception of the foregoing resolutions.
Proceedings of the Legislature of Vermont.
A "STATE OF VERMONT, Charlestown, October 16th, 1781.
The Governor and Council having joined the general assembly, in a committee of the whole, to take into consideration the report of the honor- able Jonas Fay, Ira Allen and Bezaleel Woodward, Esquites, who were appointed by the Legislature of this State, in the month of June last, to repair to the American Congress, with powers to propose to, and receive from, them, terms for an union of this, with the United States, &c.
His Excellency THOMAS CHITTENDEN, Esquire, in the chair :
The said agents laid before the committee thre following papers, which were read by the socretary in their order, viz.
1 st. and 2d. A copy of their letter to the President of Congress, of the 14th of August last, enclosing a duplicate of their commission.
3d. The resolutions of Congress, of the 7th and 8th of August last.
4th. Brigadier General Bellows, and associates, petition to New-Hamp- shire, 25th of May, 1781.
5th. Petition of the selectmen of Swanzy to New-Hampshire, June 9th, 1781.
6tk. Honorable Mesheck Weare's letter, to be laid before Congress, dated 20th June, 1781.
7th. Messieurs Duane and Ezra L'Hommedieu's memorial and prayer to Congress, of the 3d day of August, 1781 ; together with Ira Allen and Stephen R. Bradley, Esquire's remonstrance to Congress, dated Septem- ber 22d, 1780.
8th. Resolve of Congress, dated 17th August, 1781.
9th. Written proposals to committee of Congress, dated August 18th, 1781.
10th. Questions proposed to the agents of Vermont by the committee of Congress, August 18th, 1781.
11th. The foregoing questions, with the answers annexed.
12th. Resolutions of Congress of the 20th August, 1781.
The further consideration of the report being referred, adjourned till to-morrow morning, nine o'clock.
October 17.
Met, according adjournment.
The committee proceeded to the consideration of the resolutions of Congress, of the 20th day of August aforesaid, and other papers mention- ed in the report of said agents ; and, after some time spent thereon, re- solved that, in the opinion of this committee, the Legislature cannot com- ply with the resolutions last referred to, without destroying the founda- tion of the present universal harmony and agreement that subsists in this state, and a violation of solenin compact entered into, by articles of union and confederation.
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The further consideration of the report being postponed, adjourned to 'trine o'clock to-morrow morning.
October 18. . bots
The committee having resumed the further consideration of the said report :
Resolved, That, inasmuch as the resolutions of Congress of the 7th and 20th of August last, did, by no means, comport with, but entirely preclude, any propositions made by our agents ; it is, therefore, the opin- ion of this committee, that the propositions made by our agents to the committee of Congress, on the 18th of August last, ought not, in future, to be considered as binding on the part of Vermont.
Resolved, That it be and is hereby recommended to the Legislature of this state, that their thanks be returned to their honourable agents, for their good services in behalf of this state, on the business of their late mission to the Congress of the United States of America.
And this committee recommend to the Legislature of this state, to re- main firm in the principles on which the state of Vermont first assumed government ; and to hold the articles of union which connect each part of the state with the other, inviolate ; and, for the further information and satisfaction of the honourable the Congress, and the world, do recommend to the Legislature to publish the following articles, which respect the ad- mission of Vermont into the federal union, viz.
ART. 1st. That the independence of the state of Vermont be held sacred, and that no member of the Legislature shall give liis vote, or other- wise use his endeavours, to obtain any act or resolution of Assembly, that shall endanger the existence, independence and well being of said state, by referring its independency to the arbitrament of any power.
ART. 2d. 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, 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 on, for the settlement of any such disputes.
And that the impartial world may be fully convinced of the good and laudable disposition of Vermont, and of her readiness to comply with any reasonable proposal, for the adjustment of the disputes, respecting boundary lines, between this and the neighbouring states of New-Hamp- shire and New-York, this committee further recommend to the Legisla- ture to make the following proposals to the said states of New-Hampshire and New-York respectively : that whereas, disputes have arisen between the states of New-Hampshire and Vermont, relative to jurisdictional boundary lines, &c. the Legislature of Vermont, being willing and desir- ous, as much as in thiem lies, to promote unity and good accord between the two states, do propose to the state of New-Hampshire, that all matters relating to the aforesaid dispute, shall be submitted to five, or more, judi- cious, unprejudiced persons, who shall be mutually agreed on, clected and chosen by a committee of Legislature, on the part of cach state, re- spectively.
And that the states of New-Hampshire and Vermont do pledge their faith, each to the other, that the decision had, by the persons so elected,
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being made up in writing, signed by the President of such Commissioners, and delivered to the secretary of each state, respectively, shall be held sacredly binding on each of the said states of New-Hampshire and Ver- mont for ever.
And that proposals of the same tenor, be also made to the Legislature of New-York.
And this committee do further recommend, that nine persons be elect- ed Commissioners, by the Legislature, on the part of Vermont, to treat with Commissioners to be elected on the part of New-Hampshire and New-York, respectively, for the adjusting the aforesaid jurisdictional boundary lines.
And that they be commissioned by his Excellency the Governor, and the faith of this state be by him pledged in behalf of the state, that the de- cision, thus had, shall, in future, be held as sacredly binding on the part of Vermont.
The committee further recommend to the Legislature, that the Pro- ceedings of this committee, be officially transmitted to the Congress of the United States ; and that they be enclosed in a letter, under the signa- ture of his Excellency the Governor, and directed to the President of Congress.
And this committee do further advise the Legislature to recommend to the authority in every part of the state, to remain firm in the support of government, and the punctual execution of the laws, notwithstanding the various measures taken to create divisions and discord.
The commissioners chosen for the above .purpose,-the honourable Elisha Paine, Jonas Fay, Ira Allen, and Peter Olcott, Esquires, Daniel Jones, Esquire, Colonel Gideon Warren, Phineas Whiteside, Esquire, Colonel Joseph Caldwell, and Ezra Stiles, Esquire.
Resolved, That it be an instruction to the said Commissioners, that they prepare, and make, the necessary defence in the premises, and that they introduce the said matters to New-Hampshire and New-York, in such way as to them shall appear best.
October 19, 1781.
Voted that this committee be dissolved. (Signed) BEZA. WOODWARD, Clerk of Committee."
" STATE OF VERMONT, IN GENERAL ASSEMBLY, Charlestown, October 19th, 1781.
The aforesaid report being read, and question being put, it was unani- mously approved and accepted.
(Signed)
ROSWELL HOPKINS, Clerk.
Read and concurred, (Signed)
In Council, October 19th, 1781.
JOSEPH FAY, Secretary."
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Proceedings of the Legislature of New-York. " STATE OF NEW-YORK.
In Senate and Assembly, the fifteenth and nineteenth days of November, in the sixth year of the independence of the said state, one thousand seven hundred and eighty one : .
Resolved, That it appears, from sufficient evidence, that Congress did, by their act of the 24th of September, 1779, inter alia, earnestly recom- mend to the states of New-Hampshire, Massachusetts-Bay and New-York, to pass laws, expressly authorising Congress to hear and determine all differences between them, relative to their respective boundaries, in the mode prescribed by the articles of confederation ; and also, by express laws for the purpose, to refer to the decision of Congress all differences or disputes between thiem, relative to jurisdiction, which they might, re- spectively, have with the people of the district, called the New-Hamp- shire grants ; and also, to authorise Congress to proceed to hear and de- termine all disputes subsisting between the grantees of the said states, re- specting titles to lands lying within the said district ; and also, that Con- gress did, thereby, pledge their faith, after a full and fair hearing of all the said differences and disputes, to decide and determine the same, ac- cording to equity, and carry into execution and support their determina- tions and decisions in the premises.
Resolved, That it appears from the like evidence, that, at the time of passing the said act, and for above a century and an half before, to wit, from the first settlement of the colony of New-York, now the state of New York, the said colony and this state included, by most indubitable right and title, both of jurisdiction and property, all the lands, among others to the westward thereof, lying north of the north bounds of the Massachu- setts-Bay, up to the latitude of forty-five degrees north, and extending be- tween those boundaries, from Hudson's river to Connecticut river, in- cluding the waters of the northern lakes, and other waters within those boundaries : that the above extent of territory, which includes the dis- trict, called the New-Hampshire grants, was, by a decree of the British King, to whom the sovereignty thereof, as parcel of the colony of New York, belonged, inade in his Privy Council, the twentieth day of July, one thousand seven hundred sixty-four, between the colonies of New- York and New-Hampshire, declared to be parcel of the said colony of New-York : that, in consequence thereof, the government of the colony of New-Hampshire, expressly ceded and relinquished all claim and title of jurisdiction to the above territory : that, thereupon, the same was, by acts of legislation of the colony of New-York, formed into counties, and such parts thereof as were settled, were represented in the Legislature of that colony : that they were also represented in the Provincial Con- gress and Convention of this State of New-York ; received aids from them, as parcel of this State, both before and after the declaration of the independence of these United States ; assisted, by their representatives, in forming the constitution of this state, and fully submitted to the juris- diction thereof, till in the year one thousand seven hundred and seventy seven.
Resolved. That it appears of record. that, notwithstanding the above
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clear and conclusive evidence of right, on the part of this state of New -. York, to the territory above described, including, as aforesaid, the New- Hampshire grants, and though the Legislature of this state might, there- fore, consistently with the strictest justice, have asserted their dignity and sovereignty over the district of the New-Hampshire grants ; yet they, respectfully adopting the sentiments of Congress, that it was essential to the interest of the whole confederacy, carefully to avoid all intestine dis- sentions and maintain domestic peace and good order, acquiesced in the submission recommended by the said act of Congress, and, accordingly, on the 21st day of October, one thousand seven hundred and seventy nine, passed a law of this state for that purpose.
Resolved, That it satisfactorily appears that, in consequence of said law, the agents, thereby appointed to manage the controversy on the part of this state, at very great public expende, collected the necessary evidence to support the facts asserted in the second above mentioned re- solution ; and that, after many and repeated delays, they were, at length, on the nineteenth day of September, one thousand seven hundred and eighty, in the presence of all the parties interested (except the state of Massachusetts-Bay, who had not passed the necessary act of submission) indulged with an hearing before Congress ; in the course of which, such evidence as above mentioned, was produced on the part of this state, as, in the opinion of the agents of this state, fully proved to Congress, the several facts contained in the said second above mentioned resolution ; and that, on the twenty seventh day of the same month, all parties being present, (except the state of Massachusetts-Bay, and Messrs. Allen and Bradley, agents for the people of the New-Hampshire grants, claiming to be a separate independent jurisdiction, who, though duly notified, then declined any further attendance) the state of New-Hampshire, who had also submitted by their legislative act, had an hearing in Congress, in .support of their claim to the jurisdiction over the district, called the New Hampshire grants ; that this state has, on their part, fully complied with every requisite contained in the said act of Congress, of the twenty fourth day of September, one thousand seven hundred and seventy-nine, and has, accordingly, from that day to this, abstained from the grant of any lands within the said district, and also from the exercise of jurisdiction over any of the inhabitants of the said district, who had not acknowledged the same ; that, on the contrary, the revolted inhabitants of the said dis- trict having arbitrarily erected themselves into a separate and independ- ent state, unrecognized as such, until this day, by this state, or the other United States, and, having framed a government, they have passed laws, granted lands, and exercised civil and military authority over the persons and property of those inhabitants, who profess themselves to be subjects of this state, in manifest subversion of the right of sovereignty and pro- perty of this state, and in direct contempt and infringement of several acts of Congress : that, although they had contented themselves with the exercise of jurisdiction principally up to a line running nearly parallel to Hudson's river, at twenty miles distant therefrom, until the month of June last : yet, at that time, notwithstanding the censure and prohibition of Congress, and in contempt of their recommendation and authority, by
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an act of their usurped government, they extended a jurisdictional claim over all the lands situate north of the north line of the state of Massachu- setts, and extending the same to Hudson's river, then east of the centre of the deepest channel of said river, to the lead thereof, from thence east of a north line, being extended to latitude forty five degrees, and south of . the same line, including all the lands and waters to the place where the said pretended state then assumed to exercise jurisdiction ; inserting, at the same time, in their said act, a clause not to exercise jurisdiction with- in their jurisdictional claims, for the time being : that, of all these matters Congress have been fully apprized, and though repeatedly solicited there- to, by the delegates of this state, have not, hitherto, made any decision and determination of the said controversy, according to equity, as by their said act of the twenty-fourth day of September, one thousand seven hun- dred and seventy-nine, they pledged themselves, and by the law of this state they were authorised to do : that, to put an end to this delay, so in- jurious to the jurisdiction of this state, so subversive of its interests, peace and policy, so promotive of a repetition of those violent acts of usurped civil and military authority, which, in the judgment of Congress, declared in their resolution of the second of October, one thousand seven hundred and eighty, were highly unwarrantable and subversive of the peace and welfare of the United States, and from which they require the people in- habiting the said grants to desist, until the decision and determination of Congress in the premises, they have actually presumed to exercise sov- ereign authority and jurisdiction, to the full extent of their said jurisdic- tional claim, by appointing civil and military officers, making levies of men and money, rescuing delinquents from the hands of justice of this state, at the expence of the blood and the loss of the life of one of the sub- jects of this state, in the execution of hi's lawful duty, and forbidding the officers of justice of this state to execute their offices, as appears from the papers attendant on his Excellency the Governor's speech, and other due information ; that, among these, to shew the actual exercise of jurisdic- tion by the usurped government of the said grants, by the stile and title of the state of Vermont, over the territory contained within the said juris- dictional claim, is the copy of a certain proclamation, bearing date the eighteenth day of July, one thousand seven hundred and eighty-one, pur- porting to be under the seal of the said pretended state, signed by Thomas Chittenden, who stiles himself their governor, which, after divers falsities and absurdities therein contained, asserts that commissions, both civil and military, had then been lately issued by the supreme authority of the said pretended state, to persons chosen agreeable to the laws and customs thereof, in the several districts and corporations within the limits of the above mentioned western or jurisdictional claim; strictly requires, charges and commands all persons, of whatsoever quality or denomina- tion, residing within the said western claim of jurisdiction, to take due no- tice of the laws and orders of the said pretended state, and to govern themselves accordingly, on pain of incurring the penalties therein con- tained ; and strictly requires, charges and commands all magistrates, jus- tices of the peace, sheriff's, constables, and all other civil and all military - officers, to be active and vigilant in executing the laws aforesaid, without partiality.
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Resolved, That the Legislature of this state is greatly alarmed at the evident intention of Congress, from political expedience, as it is express- ed in a letter from his Excellency the President of Congress, to his Ex. cellency the Governor of this state, of the 8th of August last, and as is ovinced in their acts of the 7th and 20th of the same month, enclosed therein, to establish an arbitrary boundary, whereby to exclude out of this state the greatest part of territory described in the second resolution above mentioned, belonging, most unquestionably, to this state, as part, parcel and member thereof, and to erect such dismemberment, possessed by the revolted subjects of this state, into an independent state, and, as such, to admit them into the fœderal union of these United States ; espe- cially as the two last mentioned acts seem to express the sense of Con- gress, that the territories of this state, by the articles of confederation are, and, as in fact and truth they are, by the second and third articles thereof, guaranteed, and still more especially, as by a proviso in the ninth article, it is provided that no state shall be deprived of territory for the benefit of the United States.
Resolved, That it is the sense of the Legislature, that Congress have not any authority, by the articles of confederation, in any wise, to intermeddle with the former territorial extent of jurisdiction or property of either of these United States, except in cases of disputes concerning the same, be- tween two or more states in the union, nor to admit into the union, even any British colony, except Canada, without the consent of nine states, nor any other state whatsoever, nor, above all, to create a new state, by dis- membering one of the thirteen United States, without their universal consent.
Resolved, That in case of any attempt by Congress to carry into ex- ecution their said acts of the seventh and twentieth of August last, this Legislature, with all due deference to Congress, are bound, in duty to their constituents, to declare the same an assumption of power, in the face of the said act of submission of this state, and against the clear letter and spirit of the second, third, ninth and eleventh articles of the confederation, and a manifest infraction of the same ; and do, therefore, hereby solemn- ly protest against the same.
Resolved, 'That a copy of these resolutions be fortliwith made and cer- tified by the President of the Senate, and the Speaker of the Assembly, in presence of his Excellency the Governor, who is hereby requested to attest the same with the great scal of this state, and transmit it, without delay, to Congress, to the end that the same may be entered on their journals, or filed in their archives, in perpetuam rei memoriam ; and that another copy, so certified as aforesaid, be delivered to the delegates of . this state, for their use and guidance, and that they be, and hereby are expressly directed and required to enter their dissent on every step which may be taken in, and towards, carrying the said two last mention- ed acts of Congress into execution."
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