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 24
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vaters of Lake Champlain to latitude 45 north, excepting a neck of land between Missisco-Bay and the waters of Lake Champlain." That Con- gress has explicitly pointed out, and determined the boundaries of the quarantec of the lands and jurisdiction of the States of New-Hampshire and New-York, as far as their respective claims interfere with this State, was the opinion of the Committee of the whole Legislature of this State, is may be seen from their journals, viz : "Resolved, That in the sense of this Committee, Congress, by their resolutions of August last, in guaranteeing to the States of New-York and New-Hampshire, respec- tively, all the territory without certain limits therein expressed, have eventually determined the boundaries of this State."
To this limitation of Vermont, its Legislature concurred, as the before quoted journals may evince. The boundaries of the States of New- York and New-Hampshire, as far as they interfere with the State of Ver- mont, having been already, thus adjudicated by Congress, what propriety is there then, in the resolutions of the 5th of December, 1782, in which they break over their own adjudicated bounds of August, 1781; requir- ing this State " without delay to make full and ample restitution to Tim- othy Church, Timothy Phelps, Henry Evans, William Shattuck, and such others as have been condemned to banishment and confiscation of estate, or have, otherwise, been deprived of property, since the first day of September last, and that they be not molested in their persons or proper- ties, on their return to their habitations in the said district." Congress has been so mutable in their resolutions respecting Vermont, that it is in- possible to know on what ground to find them, or what they design next. At one time, they guarantee to the States of New-York and New-Hamp- shire their lands and jurisdiction, to certain described limits, leaving a place for the existence of this State. And the next that this government hears from them, they are within those limits, controuling the internal government of this State. Again, they prescribe preliminaries of con- federation, and when complied with, on the part of this State, they un- reasonably procrastinate the ratification thereof .- " That the United States will take effectual measures to enforce a compliance with the afore- said resolution, in case the same shall be disobeyed by the people of the said district " In this case, it is probable that this State would appeal to the justice of his Excellency, General Washington, and, inasmuch as his Excellency, the General, and most of the inhabitants of the contiguous States, are in favor of the independence of this State, as limited by Con- gress, as aforesaid, I heg leave to suggest to them, whether it is not more prudent to refer the settlement of this dispute to the States of New-York and Vermont, than to embroil the confederacy of the United States therewith.
Although this State is not amenable to the tribunal of Congress for the management of their internal police, I, nevertheless, will give them a brief narrative of facts, relative to those delinquents, in whose behalf Congress, in their resolutions of December last, have interposed. At the session of the General Assembly of this State, in February, 1781, they made a general act of amnesty, in favor of such persons, within this State, who had previously made opposition to its authority ; upon which
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they unanimously submitted to this government, and all opposition to it ceased, for more than one year, when, the Legislature having ordered a certain quota of men, to be raised in the several towns throughout this State, for the defence of its frontiers, evil minded persons in the town and vicinage of Guilford, in the southerly part of the county of Windham, opposed the raising and paying of them, and Governor Clinton of the State of New York, by letters to them and otherwise, interfered in their behalf, which caused a second insurrection in this State; and though ev- ery prudent and lenient measure was taken by government, to reclaim the offenders, they proved ineffectual. In the mean time, Governor Clinton gave commissions, civil and military, to sundry of those disaffected per- sons, and they had the effrontery to attempt to exercise the laws of the State of New-York, over the citizens of this State ; when a military force was, by the direction of this government, sent to assist the sheriff of Windham county, in the execution of the laws of this State; and the procedure of the court, relative to the five criminals, who were banished, and to sundry others, who were amerced in pecuniary fines, was in due form of law. The notorious Samuel Ely, who was ring-leader of the late seditions in the State of Massachusetts, a fugitive from justice, was one of the banished. He had left that State, and was beginning insur- rections in this ; when he was detected, and carefully delivered to the sheriff of the county of Hampshire, in the State of Massachusetts, who, as I have been since informed, has secured him in goal at Boston, to the great satisfaction and peace of that State. This same Samuel Ely, Timothy Church, and William Shattuck, who were three of the banished, had previously taken the oath of allegiance to this State, and so had a greater part of those who were fined; and every of the towns, in which they resided, had, for several sessions of Assembly, previous to their in- surrection, been represented in the Legislature of this State. So that, admitting the resolutions of Congress of the 24th of September, 1779, and 2d of June, 1780, to be binding on the States of New-York and Vermont, which prescribed to them to exercise their respective jurisdic- tions over such of the inhabitants of the controverted territory, who should profess to owe allegiance to one or both of them, and not to inter- fere with each others jurisdiction; and as every of those inhabitants, previous to the late insurrection, had conformed to the government of this State, the jurisdiction of the State of New-York became extinct : and Congress having, in their said resolves, given their premised right of ju- risdiction to the States of New-York and Vermont; and that of New- York having ended as aforesaid, the whole right of jurisdiction reverted to the State of Vermont, so that Congress, by their said resolutions of 1779, and 1780, fairly put the aforesaid banished persons and others, un- det the jurisdiction of this State, and are foreclosed from interfering with the jurisdiction of the same; and, consequently, could have no jurisdiction of those matters, which, in their resolutions of the 5th of De- cember, 1782, they object to the civil authority of this State, and in which they so spiritedly interpose their prerogative,-for that the said delinquents were, every of thein, in just construction of law or reason, subjects of this State; and, therefore, agreeable to the express tenor of
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those resolutions of Congress of 1779, and 1780, could not be amena- ble to any other laws or regulations, but those of the State of Vermont.
But, admitting that Congress has a judicial authority to controul the Internal police of this State, it has an incontestible riglit to be heard in its defence, as a party, (in law) and should, on this thesis, have been cited by Congress to a hearing at their tribunal, previous to their having passed their resolutions of the 5th of December last, that this State might have had the privilege of vindicating their cause. But that Congress, at the special instance of *, (a notorious cheat and nuisance to mankind, as far as his acquaintance and dealings have been extended) should come to a decision of so important a matter, ex parte, is illegal, - and contrary to the law of nature and nations.
Sir, I beg leave to conclude, this remostrance, by earnestly soliciting a federal union with the United States, agreeable to the before recited pre- liminary agreement, which the committee of Congress have reported, has " become absolute and necessary on their part, to be performed," and from which this State will not recede.
I have the honor, to be, Sir, With due respect, Your Excellency's obedient and Humble Servant, THOMAS CHITTENDEN.
The General Assembly met, at Windsor, in February following; at which time, the Governor communicated to that body the resolution of Congress of the 5th of December, 1782, and sundry papers connected with the subject of that resolution. The deliberations of the Assembly resulted in the following remonstrance.
WINDSOR, February 26, 1783.
To his Excellency the President of Congress : SIR,
We, the Legislature of Vermont, request your Excellency to commu- nicate to Congress the following determinations of the freemen of this State, in answer to the requisition of Congress, of the 5th of December last.
We beg leave to observe that Congress, in and by their resolutions of the 7th and 21st of August, 1781, did virtually acknowledge the right, and engage to recognize the independence of this State, on compliance with a certain preliminary condition, therein contained; which prelimi- nary condition has been, in the most full and ample manner, complied with by this State, as appears from the journals of this House, and the report of a committee of Congress. In this situation, conscious of our right, and seeing such right virtually acknowledged by Congress, we had no apprehension of our becoming obnoxious, by an exercise of that right over those, who, by an oath of allegiance and otherwise, were the liege
. We bave thought proper to omit the name of the person here mentioned ..
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subjects of this State, and had, in a flagrant manner, violated its laws and disturbed the peace of government ; and however this Legislature may be disposed to extend mercy to delinquents, on proper application, yet, that mercy must be free, and at our own election.
All and every act of Congress, which interfere, with the internal gov- ernment of this State, and tend to prevent a general exercise of our laws, are unjustifiable in their nature, and repugnant to every idea of freedom. It presupposes this State dependent on Congress, not only for the enjoy- ment of their independent right of jurisdiction, but for the right itself; whereas, the fact is, if we have any right to be an independent jurisdic- tion, such right is, and must be, derived from association, and the civil compact of the people. We conceive the several States in the union do not owe to Congress their right of existing independent of their neigh- bors ; but that each State was forined by the association and civil com- pact of its inhabitants. Through this medium they derive their separate rights to jurisdiction, and Congress the different powers they are vested with; and have, of course, neither the power or right to make, or un- make, States, within, or without, the union, or to controul their internal police, without a power delegated to them for the purpose. Admitting the propriety of this reasoning, and the existence of a right in the peo- ple in this State to an independent jurisdiction-which is explicitly avowed by the resolutions of Congress of the 21st of August, 1781-is not the resolutions of the 5th of December an invasion of the rights of a free people ?
The citizens of this State have ever entertained the highest opinion of the wisdom and integrity of Congress, and have manifested their confi- dence in that body, by a spirited exertion in prosecution of every mea- sure against the common enemy, at the risque of life and fortune. We still are ready to comply with every reasonable requisition of Congress ; but when Congress require us to abrogate our laws, and reverse the sol- emn decisions of our courts of justice, in favor of insurgents and distur- bers of the public peace, we think ourselves justified to God and the world, when we say we cannot comply with such their requisitions. The interests of the United States, which, with a view to confederation, we have made our own, forbid it. It would be licensing factious subjects to oppose government, with impunity. We should become the resort of in- surgents and disturbers of government, and, consequently, every measure to raise men or money in support of the common cause, would be weak and contemptible.
We are conscious of doing no act, in derogation to the dignity, or in contempt of the authority, of Congress, or to disturb the peace of the confederacy ; but solely, with a view to the security of our just rights, and the internal peace and tranquility of this State.
As we have, from the commencement of the war, braved every dan- ger and hardship, against the usurpations of Britain, in common with the United States; as our inherent right of sovereignty and jurisdiction stands confessed, upon the principles of the revolution, and implied by the solemn transactions of Congress, we cannot but express our surprize at the reception of the late resolutions of Congress of the 5th of Decem-
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ber, obtained ex-parte, and at the special instance of an infamous person, as the inclosed evidence, among other things, will evince.
And as we have, repeatedly, solicited a confederation and union with the United States of America, so now, in the name and in behalf of the freemen of this State, we renew our request, and, in the most solemn manner, call upon Congress to execute, on their part, the intent and spirit of their resolution of the 21st of August, 1781.
In behalf of the General Assembly of Vermont.
THOMA > PORTER, Speaker.
We have now arrived at a period which nearly closes the series of doc- uments, relating to the controversy with New-York, and the efforts of Vermont to obtain admission into the union. It is a period, however, when those who have not been familiar with its history, might look for an immediate succession of important events. At no time, had measures been adopted, aiming a more fatal blow at the independence of Vermont, than those embraced in the act of Congress of the 5th of December, 1782; and never had the people of Vermont felt a more unshaken determina- tion to maintain that independence, or a more decided and settled hostil- ity toward those who aimed to destroy it. In this eventful state of things, the reader may be surprised to learn, tliat no measures were taken by Congress to give effect to its interference with the government of Ver- mont; but that, on the contrary, the course of justice continued, unin- terrupted, - the sentence which the ministers of the law had pronounced on offenders, remained unreversed, and the people of Vermont proceed- ed in the quiet administration of their government, unawed by the com- bination of policy and power which threatened to crush them.
The state of public feeling which immediately succeeded this period, the causes which produced it, and the general course of events which fol- Jowed, until the final settlement of the dispute with New-York, and the admission of Vermont into the union, are well described in the excellent history of Vermont, by Dr. Williams. From this work, we take the liberty to make the following extract ; connecting with it a few original papers which fall within the period which it embraces, and with which we close this part of the volume.
. " The effect produced by these acts of Congress, (says Dr. Williams,) was, in every respect, different, from what that body seem to have expect- cd. Instead of being awed into submission, the people and government of Vermont concluded they were produced by the influence of New- York ; and determined that they should never be executed. The eva- sive, irresolute, contradictory acts of Congress, had nearly destroyed all the faith and confidence, which the people of Vermont had reposed in that body : and it was generally thought it would not be best to have any
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connexion with them ; but only to keep up the custom and form of choos. ing delegates, every year, to represent the state of Vermont.
The war with Great Britain, had proved greatly distressing to every part of the United States ; but it had served to establish an union among the people of America, which could not have been so firmly cemented, but by the prospect of common danger. This appearance was now come . to an end. On January the 20th, 1783, the preliminary articles of peace were signed by the ministers of the king of Great Britain, and the Uni- ted States of America. In this treaty, the former colonies were ac- knowledged to be free, sovereign and independent states. By putting an end to the war, this treaty put an end to the embarrassments of Congress, and to all the fears of the people of Vermont. An union with the con- federation, was no longer a matter of immediate and urgent necessity. The state had now, no external enemies to oppose, or any body of troops to be raised, or kept in pay. Weary of so long and distressing a war, all parties wished for the repose and tranquility of peace; and were hearti- ly desirous of dropping all occasions of controversy and debate. The business of Congress however, became more and more embarrassing. Their currency had failed, their revenues were exhausted, their armies were dissatisfied and unpaid, the debts they had contracted were unfund- ed, the public creditors were every where full of complaints against their proceedings, and they had no resources to answer the demands that were perpetually made upon them. Few of the states paid much regard to their resolutions, and it was now fully evident that their powers were in- adequate to the public business of the United States, and that the articles of union and confederation were essentially defective. Without power to relieve themselves, under these embarrassments, the Congress was daily sinking into a state of insignificance and contempt ; and the public affairs of the union were constantly becoming more and more embarass- ed with weakness, disorder, the want of wisdom, credit and power.
In such a state of things, an admission into the confederacy of the states, ceased to be an object of any importance, or even desire. Ver- mont was happy in being free from the load of debt, which lay upon the United States ; and was not perplexed by the constant calls of Congress, to raise the necessary sums of money. The legislature had acquired wisdom and experience in governing the people, from the difficulties in which they had been engaged. It had not been in their power to con- tract very large debts, nor was it necessary or practicable to impose heavy taxes upon the people. The state had a large quantity of valuable lands to dispose of ; and purchasers and settlers were constantly coming in, from all the New-England states. Thus, by one of those sudden transi- tions which are common to human affairs, from the most distressed and perplexed state, the condition and prospect of the people of Vermont, became, at once, more easy and flattering than those of their neighbors. Encouraged by the mildness of the government, the smallness of the taxes, the fertility and cheapness of the lands, large additions were an- nually made to their numbers and property, by the accession of inhabi- tants from other states. There was nothing therefore, in the public af- frirs of the United States, or in those of Vermont, that could lead the
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habitants any longer to wish for an admission into the confederation. The body of the people felt that they were in a better situation, than the people in the neighboring, states; and it was the general inclination and desire, not to be connected with the union, if it could be decently avoided.
In this situation things remained, until several of the leading men in the United States, became alarmed with the operation and tendency of public affairs. Statesmen of ability and information saw that the powers lovested in Congress, were, in effect, only the powers of a diplomatic body; and wholly inadequate to the purposes of federal government: and that the liberties, the safety, and the union of America, could not be preserved, unless an adequate and efficient government could be estab- Lished in the United States Virginia had the honor to lead in the first. avowed opposition to the British king and parliament : and she was the ' arst that attempted to call a convention of the states, to form a new fede- ral constitution. The measure was crowned with that success, which might be expected from the deliberate consultations of a free and uncor- rupted people, aiming to secure the public safety. A new federal con- stitution was adopted by the people of America : and a new Congress, furnished with competent powers, met in the city of New-York, March 3d, 1789.
Like the other citizens of America, the people of Vermont were anxs jous to know what would be the policy and proceedings of the federal government. Their interest had not been much promoted by the meas- ures of the Congress, with whom they had formerly transacted business. But there was now a general expectation among the people, that some- thing wiser and better, was to take place : but they had learned from ex- perience, that there was no other way to judge, with certainty, of the excellency of any constitution, or government, but by the good which it did to the people. In the course of one or two sessions, they found the federal government had been laboring to restore the public credit, to do justice to the public creditors, to provide for the payment of the pub- lic debt, and to establish a system of equal law and justice, in every part of the federal government. Measures, thus marked with wisdom and justice, served to abate the fears that many had entertained, and to con- ciliate the minds of the people to federal sentiments : and the prospect seemed favorable, that every part of the American states might be brought to act with union and vigor, in support of the federal system.
But the ancient difficulty with New-York, was not yet removed. That state liad, indeed, given up all prospect, and probably all desire, of sub- duing Vermont by force, or by policy ; and well knew that Vermont was, und would remain, a free and independent state. But large tracts of land had been granted by the governors to individuals. . These tracts of land, by means of the increasing settlements and prosperity of Vermont, were become greatly valuable. The government of Vermont had uniformly refused to acknowledge the validity of these grants, or submit to any of the legislative acts of New-York, and had made new grants of all those tracts of land; and was unalterably fixed, in refusing to admit the legality of any legislative act of New-York, which related to the territory of
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Vermont. The grantees under New-York, were constantly complaining of the injuries that were done to them, in not being permitted to take possession of their property; and of the injustice that would be estab- lished, if the government of New-York should suffer their lands to be thus taken from them, without an equivalent, Much pains had been ta- ken to compromise the difficulty, but without coming to any general agreement : and the government of New-York did not conceive any very strong obligation lay upon them, to refund that to individuals, which the state had no hand in granting ; but which was simply an act of the crown of Great Britain, executed by the will of the royal governor ; gen- erally for his personal profit, always for the benefit of his particular friends, but never for any emolument to the government or people.
A course of events at length occurred, which rendered the views of New-York, more favorable towards Vermont. Disputes relative to the permanent seat of the federal government, ran high in Congress. After repeated trials, the decision sometimes fell in favor of remaining at New- York, and sometimes in favor of removing to Philadelphia ; and it was finally carried in favor of Philadelphia, by a very small majority. Ken- tucky, it was foreseen, would soon be admitted into the federal union : and Virginia, to whose territory it belonged, with great dignity and honor, instead of opposing, was aiming to promote that event. The represen- tation from the eastern states, was diminished of its just proportion, by the exclusion of Vermont ; and this had already proved to the disadvan- tage of New-York. If their old controversy could be settled, it was ap- parent that the interests and influence of these states, would, in almost every instance, coincide. The public sentin ent called loudly, for the same measure. To what purpose, it was said, is Vermont kept out of the union ? Is it not in the full and complete possession of independence; and as well regulated and governed as the other states? And shall the federal union throughout the whole territory, be obstructed, and rendered incomplete, by the ancient and endless controversy, between New-York and Vermont ?
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