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 22
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Among the early statesinen of Vermont, few probably, watched the course of events with more sagacity and vigilance, or felt a solicitude for the state, more intense and unwearied, than Governor Chittenden.
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Finding its affairs approaching a dangerous crisis, on the 14th of Novem- ber, 1781, he addressed General Washington, on the subject. It is to be regreted that a copy of this communication is not to be found. We are only able to state from Dr. Williams' history, that he " explained to General Washington the situation, difficulties and views of Vermont, and gave him an account of the transactions with the enemy ; assigning, as the reason, that ' Vermont, drove to desperation, by the injustice of those who should have been her friends, was obliged to adopt policy, in the room of power.' With regard to the last resolution of Congress, he ascribed it to the true cause,-not the influence of their friends, but the power of their enemies :- ' Lord George Germain's letter* wrought on Congress, and procured that for them, which the publick virtue of this people could not obtain."
This communication was answered by General Washington, on the 1st of January, 1782. The following extract from his answer is preserved in Williams' history.
"It is not my business, neither do I think it necessary, now, to discuss the origin of the right of a number of inhabitants, to that tract of country, formerly distinguished by the name of the New-Hampshire grants, and now known by that of Vermont. I will take it for granted that their right was good, because Congress, by their resolve of the 7th of August, imply it ; and by that of the 21st, are willing fully to confirm it, provided the new state is confined to certain described bounds. Itappears, therefore, to me, that the dispute of boundary, is the only one that exists, and that being removed, all other difficulties would be removed also, and the matter terminated to the satisfaction of all parties. You have nothing to do but withdraw your jurisdiction to the confines of your own limits, and obtain an acknowledgment of independence and sovereignty, under the resolve of the 21st of August, for so much territory as does not interfere with the ancient established bounds of New-York, New-Hampshire and Massa- chusetts. In my private opinion, while it behoves the delegates to do ample justice to a body of people, sufficiently respectable by their num- bers, and entitled, by other claims, to be admitted into the confederation, it becomes them also, to attend to the interests of their constituents, and see, that under the appearance of justice to one, they do not materially in- jare the rights of others. I am apt to think this is the prevailing opinion of Congress."
This communication exerted a powerful influence upon the minds of the leading men in Vermont. At the following session of the Legislature, the subject was again taken up, and the condition embraced in the reso- lution of Congress, was complied with. The following extracts from the journals, exhibits an account of the proceedings. which resulted in a die. solution of the eastern and western unions.
ยท See page 150
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" STATE OF VERMONT, Bennington, Feb. 19th, 1782.
The Governor and Council having joined the General Assembly, in u committee of the whole, to take into consideration the resolutions of Congress of the 7th and 21st of August last.
His Excellency THOMAS CHITTENDEN, Esquire, in the Chair. The following papers were read by the secretary in their order, viz.
1st." The said resolutions of the 7th and 21st of August, and a letter from his Excellency the President of Congress, to his Excellency the Governor, enclosing them.
2d. A private letter from liis Excellency General Washington, to his Excellency the Governor, dated, Philadelphia, January 1st, 1782.
3d. A letter from General Oliver Woolcott, to his Excellency the Governor, dated January 18th, 1782.
4th. A letter from the Revd. Jonathan Edwards, to Noah Smith.
5th. The articles of unions with the eastern and western districts. Adjourned until 2 o'clock, P. M.
Met, according to adjournment.
6th. The Proceedings of the Legislature, in October last, upon the said resolutions of Congress, were read.
After some debate, adjourned until to-morrow morning, 9 o'clock. February 20th, 9 o'clock.
Met, agreeable to adjournment.
7th. A letter from Colonel Lutterloh, to Major Fay, was read ; and after some debate on the business, adjourned until 2 o'clock, P. M.
2 o'clock, P. M. met, according to adjournment.
8th. A letter from General Patterson, to Major Fay, was read.
A motion was made by Mr. Chandler, that the sense of the committee be taken upon the following question, viz :- whether Congress, in their resolutions of the 7th and 21st of August last, in guaranteeing, to the re- spective states of New-York and New-Hampshire, all the territory with- out certain limits, therein expressed, has not eventually determined the boundaries of this state ?
Which question being put, was carried in the affirmative : whereupon,
Resolved, That, in the opinion of this committee, Congress, in their resolutions of the 7th and 21st of August last, in guaranteeing to the re- spective states of New-York and New-Hampshire, all territory without certain limits, therein expressed, have eventually determined the boun- daries of this state.
And whereas, it appears to this committee, consistent with the spirit, true intent and meaning of the articles of union, entered into by this state with the inhabitants of a certain district of country, on the east side of the . west bank of Connecticut river, and on the west side of a line twenty miles east of Hudson's river ; (which articles of union were executed on the 23d day of February, and the 15th day of June last past,) that Con- gress should consider, and determine, the boundary lines of this state .- Therefore, this committee recommend to the Assembly of this state, to pass resolutions, declaring their acquiescence in, and accession to, the de- termination made by Congress of the said boundary lines, between the states of New-Hampshire and New-York, respectively, and this state, as
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they are, in said resolutions, defined and described, and also, expressly relinquishing all claim to, and jurisdiction of, and over, the said districts of territory, without said boundary lines, and the inhabitants thereon re- siding.
Confiding in the faith, and wisdom of Congress, that they will, imme- diately, enter on measures to carry into effect the other matters in said resolutions continued, and settle on equitable terms, whereby this state may be received into, and have and enjoy all the protection, rights and advantages of a federal union with the United States of America. as a free, independent and sovereign state, as is held forth to us in and by said resolutions.
And this committee do further recommend to the Assembly, that they cause official information of their rosolutions to be immediately transmit- ted to the Congress of the United States, and the States of New-York and New-Hampshire."
The foregoing Proceedings of the committee of the whole, were re- ported to the house, and on the 23d of February, the report was accepted ; whercupon, it was
" Resolved, That the west bank of Connecticut river, and a line bo- ginning at the northwest corner of the Massachusetts state, from thence northward, twenty miles east of Hudson's river, as specified in the reso- lutions of August last, shall be considered as the east and west boundaries of this state ; and that this Assembly do, hereby, relinquish all claim and demand to, and right of jurisdiction in, and over, any, and every district of territory without said boundary line ; and that authenticated copies of this resolution be, forthwith, officially transmitted to Congress, and the States of New-Hampshire and New-York, respectively."
Immediately after the adoption of the foregoing resolution, the Legis- jature appointed four Agents to negociate the admission of Vermont into the union ; and instructed them as follows.
" Private instructions to the honourable Jonas Fay, Moses Robinson, and Paul Spooner, Esquires, and Isaac Tichenor, Esquire, Agents, elect- ed to negociate the admission of the state of Vermont into the confedera- tion of the United States, and Delegates to Congress, in case of such ad- mission.
GENTLEMEN,
You will repair, without loss of time, to Philadelphia, and are to con- sider yourselves as Plenipotentiaries, invested with full power to agree on terms upon which this state shall come into an union with the United States of North America ; and, in case of such agreement, in behalf of this state, to sign and ratify articles of federal union with the confeder- ated states of America ; but it is not expected that more than one of you will remain at Philadelphia, at a time.
In your negociation, it is expected that you will so conduct, as to in- Auce the persons you negociate with, to believe that your constituents ex- X
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pect to be admitted free from arrears of the continental debt, already accrued ; and to discharge their own. If this cannot be obtained, it is expected that you will reduce that part of the continental debt, which this state shall have to pay, to as small a sum as possible :-- And that you make returns to his Excellency the Governor, as soon as may be, of the certain sum which you shall covenant that this state shall pay.
SAMUEL FLETCHER, for Committee.
STATE OF VERMONT, S
In General Assembly, Feb. 26th, 1782.
The within instructions were read, and passed the House.
Attest, ROS. HOPKINS, Clerk.
True Copy,* Attest, THOMAS TOLMAN, D. Sec. Council.
The friends of Vermont now confidently anticipated a speedy termina- tion of the controversy with New York ;- that, having complied with the condition held out by Congress in their resolution of the 20th of August, she would, forthwith, be admitted into the union. But they were doomed to disappointment ;- a disappointment, the pain and mortification of which, could only be exceeded by the impolicy and injustice of the neglect which produced it.
On the 17th of April following, a committee of Congress, consisting of Mr. Clymer, Mr. Carroll, Mr. Clark, Mr. Livermore, and Mr. Law, to whom the foregoing Proceedings of the Legislature of Vermont, and sun- dry other papers relating to the subject, had been referred, reported to Congress, as follows.
" That Congress, on the 20th of August last, by the votes of nine states, resolved as follows : on a reconsideration of the resolution respecting the people inhabiting the New-Hampshire grants, it was altered and agreed to as follows :
" 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 seventh instant :
Resolved, That it be an indipensable preliminary to the recognition of the independence of the people inhabiting the territory, called Vermont, and their admission into the federal union, that they explicitly relinquish 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 northeasterly in its general course ; then by the west bounds of the townships granted by the late government of New-Hampshire, to the river running from South Bay to Lake Champlain, thence along said river to Lake Champlain,
* This copy has been found among the papers of Jonas Fay, one of the Agents there- in named.
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theuce along the waters of Lake Champlain to latitude forty five degrees north, excepting a neck of land between Missiskoy-Bay and the waters of Lake Champlain ;" which resolution was reconsidered and confirmed on the succeeding day, to wit, the 21st of the same month :
That, in the opinion of your committee, the competency of Congress to enter into the above resolutions, was full and complete,-the concurrent resolutions of the Senate and Assembly of the State of New-York, of the fifteenth and nineteenth of November last, containing a protest against the authority of Congress in the matter, notwithstanding ; these concurrent resolutions, in letter and in spirit, being, undeniably, incompatible with a legislative act of the said state of a preceding day, to wit, the twenty-first of October, 1779, wherein there is an absolute reference of the dispute between that state and the people of Vermont, respecting jurisdiction, to the final arbitrament and decision of Congress : and from which alone would result to Congress all the necessary authority herein :
That on the day of the people residing in the district, called Vermont, in considering the said acts of Congress of the 20th and 21st of August, did reject the propositions therein made to them, as preliminary to an acknowledgment of their sovereignty and in- dependence, and admission into the federal union, as appears by their proceedings ou the files of Congress : but that, on a subsequent day, the aforementioned resolutions of the 20th and 21st of August, being unalter- ed and unrepealed, and the . proposition therein contained, in the opinion of your committee, still open to be acceded to, the said people did, in their general assembly, on the twenty-second of February last, enter into the following resolution :
" That the west bank of Connecticut river, and a line beginning at the northwest corner of the commonwealth of Massachusets, from thence northward twenty miles east of Hudson's river, as specified in the resolu- tions of Congress in August last, shall be considered as the east and west boundaries of this state.
And that this Assembly do, hereby, relinquish all claims and demands to, and right of jurisdiction in and over, any and every district of territory without said boundary lines :"
That, in the sense of your committee, the people of the said district, by the last recited act, have fully complied with the stipulation, made and required of them, in the resolutions of the 20th and 21st of August, as preliminary to a recognition of their soverignty and independence, and admission into the federal union of the states, and that the conditional promise and engagement of Congress, of such recognition and admission, is thereby become absolute, and necessary to be performed ; your com- mittee therefore submit the following resolution :
'That the district or territory, called Vermont, as defined and limited in the resolutions of Congress of the 20th and 21st of August, 1781, be and it is hereby recognized and acknowledged by the name of the State of Vermont, as free, sovereign and mdependent ; and that a committee be appointed to treat and confer with the agents and delegates from said state, upon the terms and mode of the admission of the said state, into the ford- eral union."
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On the reading of the foregoing report, a motion was made, " that the first Tuesday in October next, be assigned for its consideration ;" which was lost. A motion was then made " that the third Tuesday of June next, be assigned for its consideration,"-which was also lost. It was then moved " that Monday next be assigned for the consideration of the report,"_^which was decided in the negative. Thus Congress, in effect, decided that they would not consider the subject at all; and thus ter- minated, at once, all reliance on the faith of Congress, and all hopes of a speedy admission into the union.
Disappointed at this result, the Agents of Vermont immediately left Philadelphia, having previously addressed the following letter to the President of Congress.
PHILADELPHIA, April 19th, 1782.
SIR,
The situation in which Congress has been pleased to leave the business of our mission, as agents and delegates from the state of Vermont, renders our attendance, at present, unnecessary.
As the representatives of an independent and virtuous people, we es- teem it our duty to inform Congress that, in consequence of their faith, pledged to us, in and by a resolution of the 20th of August last, and by official advice from sundry gentlemen of the first character in America, the Legislature of Vermont have been prevailed upon to comply, in the most ample manner, with the resolution aforesaid.
On the 31st ult. we, officially, acquainted Congress with the said com- pliance, together with the powers vested in us, in full confidence that, from the integrity and wisdom of that honorable body, no obstacle could prevent our confederation and union with them.
We are disappointed by the unexpected delay of Congress, in ex- ecuting, on their part, the intent and spirit of the resolve above cited.
We would not wish to urge the attention of the grand Council of Amer- ica from matters of more consequence than merely the happiness of a state : but the critical situation Vermont is reduced to, by casting off a considerable part of her strength, in being exposed, as a forlorn hope, to the main force of the enemy in Canada, and destitute of the aid of the United States, in whose cause, at an early period, she freely fought and suffered, will, we presume, sufficiently apologize for being thus urgent, that unnecessary delay may not deprive us of the benefits of the confed- eration.
. We purpose to leave this city to-morrow morning, and expect to be officially acquainted when our attendance will be necessary ; and have the honor to be, Sir, your most obedient and humble servants.
JONAS FAY, MOSES ROBINSON, ISAAC TICHENOR.
His Excellency the President of Congress.
.
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We here interrupt, for a moment, the chain of events, directly con- pected with the efforts of Vermont to obtain admission into the union, for the purpose of presenting, in the order of time, the two following acts of the Legislature of New-York.
" An act for pardoning certain offences committed in the northeastern part of this state. Passed the 14th April, 1782.
Whereas, divers inhabitants, reskling in the northeastern part of this state, who have, heretofore, denied the sovereignty and jurisdiction of the people of this state, in and over that part of this state, and, by their un- warrantable combinations, created commotions, to the great disturbance of the peace and tranquility of this state, have, by their humble petition to the Legislature, represented that they were seduced and misled, by artful and designing men, from their duty and allegiance to this state ; and have, moreover, professed a sincere repentance of their crimes and misdemeanors, and implored the clemency of government, and humbly entreated the passing of an act of indemnity, oblivion and pardon : and this Legislature being disposed to extend mercy :
Be it therefore enacted by the people of the state of New-York, repre- sented in senate and assembly, and it is hereby enacted, by the authority of the same, That all such of the inhabitants of this state, who dwell and reside north of the north bounds of the state of Massachusetts continued to Hudson's river, east of Ifudson's river, south of the latitude forty-five degrees north, and west of Connecticut river, are hereby acquitted, par- doned, released and discharged from all treasons, felonies and conspira- cies, whatsoever, at any time heretofore done and committed by them or any of them, against the people of the state of New-York, as sovereign thereof, or against the government and authority derived from, or estab- lished by, the said people ; all capital, corporal or pecuniary punishment, fines and forfeitures, judgments and executions, to which they severally were liable, in consequence of the crimes and offences aforesaid, are hereby remitted and discharged ; and all and every the said persons shall be, and hereby are, fully and wholly restored, in person and estate, to the same state and condition wherein they severally were, at any time before the said crimes and offences were committed or perpetrated.
And be it further enacted by the authority aforesaid, That no person or persons whatsoever, shall have the benefit of the said pardon, for the purpose of pleading the same against any charge of treason or other of- fence already found, or hereafter to be found, against them or any of them, for adhering to the King of Great Britain, the enemy of this state, or for any murder; or that such pardon shall be a bar to a conviction, judgment or execution for the said treason or other offence, last mention- "ed, or for murder as aforesaid."
" An act for quieting the minds of the inhabitants in the northeastern parts of this state. Passed the 14th April, 1782.
Be it enacted by the people of the state of New-York, represented in senate and assembly, and it is hereby enacted by the authority of the same, That all charters, patents or grants, for lands within this state, lying within the following bounds, to wit ; Beginning at a certain point
0
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in the west bank of Connecticut river, where the boundary line between the states of Massachusetts and New-Hampshire, if continued across the said river, would intersect the said west bank, and running from the said point, along the west bank of Connecticut river to the latitude of forty five degrees north, thence westerly, in the said latitude, to the west side of Missisqua Bay, in Lake Champlain, thence westerly, in the said lati- tude, to the east bank of the waters of the said lake, thence southerly, along the east bank of the said lake and the waters thereof, to the most southerly point where any of the grants, heretofore issued or made, by the late goverment of the late colony of New-Hampshire, come to the said lake, thence along the south and west bounds of the said grants, or as the said grants are now held or possessed under such grants, so far south, as to meet with a line continued from the first mentioned boundary be- tween the states of Massachusetts and New-Hampshire, through the said place or point of beginning, thence easterly, by the said continued line as aforesaid, to the said place or point of beginning,-made or issued by the government of the late colony, now state of New-Hampshire, and which were made or issued, prior to any charter, patent or grant for the same lands, heretofore made or issued by the government of the late colony, now state of New-York, or by the government of any other colony, shall be, and hereby are, ratified and confirmed to the respective grantees, their heirs and assigns forever ; and every such prior charter, patent or grant, is hereby declared to be as legal and valid, to all intents, constructions and purposes whatsoever, as if the same had been made or issued under the great seal of the said late colony of New-York, or had been made or issued under the great seal of this state, and as such, may be given, and shall be allowed, in evidence, in every court of record within this state ; and no such charter, patent or grant, hereby ratified and confirmed as aforesaid, shall be deemed void, or in any wise injured, by reason of the non-performance of any condition or provision therein contained, or by reason of the non-payment of any quit-rent therein reserved ; any law, usage or custom to the contrary thereof, notwithstanding ; provided al- ways, that any person or persons who, heretofore, held or claimed lands under grants from the late colony of New-Hampshire, who have, after- wards, obtained grants for the same lands, either to themselves or to others, in trust for them, under the late colony of New-York, operating as a confirmation thereof,-in such case or cases, such person or persons, or their assignees, shall be deemed forever hereafter, to hold the said lands by the latter title.
And whercas, many of the inhabitants residing within the district of country above described, did, in or about the year one thousand seven hundred and seventy-seven, declare themselves an independent people, and did assume a goverment under the name, style or title of the govern- ment of the state of Vermont, or of the state of Vermont ; and the said as- sumed government hath made grants of lands within the said territory :
Be it further enacted by the authority aforesaid, That all charters, patents or grants of lands, so made or issued, before the passing of this act, and which were made or issued prior to any charter, patent or grant for the same lands, heretofore made or issued, by the government of the
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late colony of New-York, shall be, and hereby are, ratified and confirmed to the respective grantees, their heirs and assigns forever; and such charters, patents or grants, are hereby declared to be as legal and valid, to all intents, constructions and purposes whatsoever, as if the same had been made or issued by the government of this state ; and as such, may be given, and shall be allowed, in evidence, in any court of record within this state ; and no such charter, patent or grant, so ratified and confirm- ed, as last aforesaid, shall be deemed void, or in any wise injured, by reason of the non-performance of any condition or proviso therein con- tained, or by reason of the non-payment of any quit-rent therein reserved; any law, usage or custom, to the contrary notwithstanding.
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