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 25
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New-York wished, with the rest of America, to have the federal union completed : and without calling to view the former occasions of conten- tion, passed an act, July 15, 1789, appointing commissioners with full powers to acknowledge the independence of Vermont, and to settle all matters of controversy with the state. On October the 23d, 1789, the legislature of Vermont appointed commissioners on their part, to treat with those of New-York, with powers to adjust, and finally deter- mine every thing which obstructed the union of Vermont with the Uni- ted States. The commissioners from both states, were themselves very desirous to have Vermont brought into the federal union. The only point of difficulty and debate, related to a compensation for the lands claimed by the citizens of New-York, which had been regranted by the government of Vermont. After two or three meetings of the commis- sioners, the matter was brought to an equitable and amicable agreement.
October the 7th, +790, " the commissioners for New-York, by virtue of the powers to them granted for that purpose, declared the consent of the legislature of New-York, that the state of Vermont be admitted into
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the union of the United States of America ; and that, immediately upon such admission, all claims of jurisdiction of the state of New York, with- in the state of Vermont, shall cease; and thenceforth, the perpetual boundary line between the state of New-York, and the state of Vermont shall be" as was then holden and possessed by Vermont ; that is, the west lines of the most western towns which had been granted by New-Hamp- shire, and the middle channel of Lake Champlain. With regard to the lands which had been granted by New-York, " the said commissioners, by virtue of the powers to them granted, declare the will of the legisla- ture of New York, that if the legislature of the state of Vermont should, on or before the first day of January, 1792, declare that, on or before the first day of June, 1794, the said state of Vermont would pay the state of New-York, the sum of thirty thousand dollars, that, immediately from such declaration by the legislature of the state of Vermont, all rights and titles to lands within the state of Vermont, under grants from the govern- ment of the colony of New-York, or from the state of New-York, should cease ;" those excepted, which had been made in confirmation of the grants of New-Hampshire.
This proposal and declaration being laid before the legislature of Ver- mont, they very readily agreed to the plan, which had been concerted by the commissioners from both states; and on October, 28, 1790, passed an act directing the treaurer of the state, to pay the sum of thirty thou- sand dollars to the state of New-York, at the time proposed; adopting the western line as the perpetual boundary between the two states ; and declaring all the grants, charters and patents of land, lying within the state of Vermont, made by, or under, the late colony of New York, to be null and void; those only excepted, which had been made in confir- mation of the grants from New-Hampshire.
In this amicable manner, was terminated a controversy, which had been carried on, with great animosity, for twenty-six years. Both sides were weary of the contest, and happily for them, the general state of A- merica led to moderation, equity and wisdom : and this seems to have been the only period, in which the matter could have been adjusted to the satisfaction of all parties.
The difficulties with New-York, being thus removed, the assembly of Vermont proceeded to call a convention of the people, to take into con- sideration the expediency of joining the federal union. The convention met at Bennington, January 6, 1791. The members were not all agreed in the expediency of being connected with the thirteen states : and it was doubted whether a majority of the people, were for the measure. Several members of the convention wished to defer the consideration of the question, to a more distant period. It was urged, on the other hand, that the safety, the interest, and the honor of Vermont, would be essen- tially promoted by joining the union of the other states ; and that this was the precise time, when it might be done without difficulty or opposi- tion. A large majority of the members were convinced that the matter could not be put off' any longer ; and after a debate of three days, the question was carried in the affirmative, by a majority of one hundred and
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five to two. This being the only business for which the convention had been called, it was dissolved, Jannary 11th.
The general assembly of Vermont met at Bennington; January the 10th. On the 18th, they made choice of tre Honorable Nathaniel Chip- man, and Lewis R. Morris, Esquire, as their commissioners to attend . Congress, and negociate the admission of the state into the union of the confederated states of America. The commissioners repaired to Phila- delphia, and laid before the President of the United States, the acts of the convention and legislature of Vermont ; and on February 18th, 1791, the admission of Vermont, was completed, by an act of Congress, with- out any debate, or one dissenting vote. By this event, all the controversies respecting Vermont, were brought to a conclusion. She was to take her seat in Congress, March 4, 179, ; and the federal union was completed, in every part of the United States of America."*
The following are the Acts of the Legislature of Vermont, of the 23d of October, 1789, and 28th of October, 1790-the Act of the Convention, approving and ratifying the Constitution of the United States, and the Act of Congress admitting Vermont into the union-referred to in the foregoing extract from Dr. Williams.
An Act appointing Commissioners for the purposes therein mentioned. Whereas, it is of consequence that the line between the state of Ver- mont and the state of New- York be ascertained and e cablished, and that certain obstacles to the admission of the state of Vermont into union with the United States, should be removed-which purpose to effect,
It is hereby enacted by the General Assembly of the state of Vermont, That Isaac Tichenor, Stephen R. Bradley, Nathaniel Chipman, Elijah Paine, Ira Allen, Stephen Jacob, and Israel Smith, Esquires, be, and hereby are, appointed Commissioners in behalf of this state, with full powers, to them, or any four or more of them, to treat with Commission- ers that now are, or hereafter may be, appointed by the state of New-York, and who shall be fully authorized and empowered by the said state of New-York, to ascertain, agree to, ratify and confirm, a jurisdictional or boundary line between the state of New-York and the state of Vermont; and to adjust, and finally determine, all and every matter or thing which, in any wise, obstructs a union of this state with the United States.
It is hereby further enacted by the authority aforesaid, That every act or agreement of the said Commissioners, or either four or more of them, made and entered into, and with, certain Commissioners, that now are, or hereafter may be, appointed by the state of New-York, in the execution of the powers aforesaid, shall be as effectual, to every purpose, as if the same had been an immediate act of the Legislature.
Provided always, That nothing in this act shall be construed to give the said Commissioners power to lessen or abridge the present jurisdiction of thuis state, or, in any wise, oblige the inhabitants of the same or any other person or persons, claiming title to lands heretofore granted by this
* Williams' History, Vol. II. p. 251-61,
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state or the late province of New Hampshire, to relinquish their claims under the jurisdiction thereof, or, in any wise, subject the state of Ver- mont to make any compensation to different persons claiming under grants made by the late province, and now state, of New-York, of lands altuate and being in the state of Vermont and within the jurisdiction of the same .- [Passed October 23, :789.] ·
AN Act directing the payment of thirty thousand dollars to the state of New-York, and declaring what shall be the boundary line between the state of Vermont and state of New-York ; and declaring certain grants therein mentioned, extinguished.
Whereas Robert Yates, John Lansing, junr. Gulian Verplank, Simeon De Witt, Egbert Benson and Melancton Smith, Esquires, Commissioners, appointed by an Act of the Legislature of the state of New - York, entitled, " An Act appointing Commissioners, with power to declare the consent of the Legislature of the state of New-York, that a certain territory within the jurisdiction thereof, should be formed into a new state," passed the sisth day of March, A. D. 1790-did, by their certain act, on the seventh day of October instant, at New- York, by virtue of the powers to them granted for the purpose, among other things, declare the consent of the Legislature of the state of New-York, that the state of Vermont be ad- mitted into the union of the United States of America, and that, imme- diately from such admission, all claim of jurisdiction of the state of New- York, within the state of Vermont, should cease, and, thenceforth, the perpetual boundary line between the state of New-York and the state of Vermont should be as follows, viz : beginning at the no. th-west corner of the state of Massachusetts, thence west-ward, along the south boundary of Pownall, to the south-west corner thereof, thence northerly, along the western boundaries of the townships of Pownall, Bennington, Shaftsbury, Arlington, Sandgate, Rupert, Pawlet, Wells and Poultney, as the said townships are now held or possessed, to the river, commonly called Poultney river, thence down the same, through the middle of the deepest channel thereof, to East Bay, thence through the middle of the deepest channel of East Bay and the waters thereof, to where the same commu- nicates with Lake Champlain, thence through the middle of the deepest channel of Lake Champlain, to the eastward of the islands, called the Four Brothers, and the westward of the islands, called Grand Isle and Long Isle, or the Two Heroes, and to the west-ward of the Isle La Mott, to the forty-fifth degree of north latitude ;-- and the said Commissioners, by virtue of the powers to them granted, did declare the will of the Legis- lature of the state of New-York, that, if the Legislature of the state o: Vermont should, on or before the first day of January, 1792, declare that. on or before the first day of June, 1794, the said state of Vermont would pay to the state of New-York the sum of thirty thousand dollars, that. immediately from such declaration by the Legislature of the state of Ver mont, all rights and titles to lands within the state of Vermont, under grants from the government of the late colony of New-York or from the state of New-York (except as is therein excepted) should cease ; where. fore,
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PROCEEDINGS RELATIVE TO ADMISSION
It is hereby enacted und declared by the General Assembly of the state of Vermont, That the state of Vermont shall, on or before the first day of June, 794, pay the state of New-York thirty thousand dollars. And the treasurer of this state, for and in behalf of this state, and for the purposes mentioned in the Act of the Commissioners aforesaid, shall pay; to the state of New- York the sum of thirty thousand dollars, on or before the first day of June, 794,-And
It is hereby further enacted, That the said line, described in the said Act of the said Commissioners, shall, henceforth, be the perpetual bound- ary line between the state of Vermont and the state of New-York : and all grants, charters or patents of land, lying within the state of Vermont, made by or under the government of the late colony of New-York-except such grants, charters or patents, as were made in confirmation of grants, charters or patents, made by, or under, the government of the late pro- vince or colony of New Hampshire-are hereby declared null and void, and incapable of being given in evidence, in any court of law within this state .- [Passed October 28, 1790.]
STATE OF VERMONT.
In Convention of the Delegates of the people of the State of Vermont.
Whereas, by an Act of the Commissioners of the state of New- York, done at New York, the seventh day of October, in the fifteenth year of the Independence of the United States of America, one thousand seven hundred and ninety, every impediment, as well on the part of the state of New- York, as on the part of the state of Vermont, to the admission of the state of Vermont into the union of the United States of America, is re- moved .- In full faith and assurance that the same will stand approved and ratified by Congress :-
This Convention, having impartially deliberated upon the Constitution of the United States of America, as now established, submitted tous by an Act of the general assembly of the state of Vermont, passed October the twenty seventh one thousand seven hundred and ninety, do, in virtue of the power and authority to us given, for that purpose, fully and entirely approve of, assent to, and ratify the said Constitution ; and declare that, immediately from, and after, this state shall be admitted by the Congress into the union, and to a full participation of the benefit of the government now enjoyed by the states in the union, the same shall be binding on us and the people of the state of Vermont forever.
Done at Bennington, in the county of Bennington, the tenth day of January, in the fifteenth year of the Independence of the United States of America, one thousand seven hundred and ninety one. In testimony whereof we have hereunto subscribed our names.
.
THOMAS CHITTENDEN, President, MOSES ROBINSON, Vice President,
Timothy Brownson, Stephen R. Bradley, Abel Waters,
John Fassett, Janna Churchill,
James Shafter,
John Strong,
Ebenezer Willson,
Edward Aiken,
Jonathan Hunt,
John White, Simeon Stevens,
Gideon Olin,
Daniel Shearman, Abel Thompson.
----
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Joshua Wood, Nathaniel Chipman, Thomas Hammond, Benjamin Holcomb, Peter Priggs, John Bl'Neil,
David Hopkinson,
Daniel Kingsbury,
Samuel Harrison,
Michael Flynn,
John Smith,
Cornelius Lynde,
Elisha Barber, William Ward,
Oliver Gallup,
Jonathan Brewster
Joseph Beeman,
Lemuel Chipman,
Jonathan M'Connell,
Heman Durkee,
Samuel Miller,
Benjamin Henry, Emanuel Case,
Samuel Lathrop,
Peter Pennock,
Israel Smith, Benjamin Greene, Andrew Selden, - John Marsh,
Oliver Pier,
Martin Chittenden,
Nathaniel Stoughton,
Josiah Pond,
Gardiner Chandler,
Nathan Daniels,
John Spafford,
Timothy Todd,
Jason Duncan,
Peter Sleeman,
Calvin Knoulton,
Elias Curtis,
Jonas Whitney,
Timothy Bliss,
Samuel Beach,
Nathaniel Niles,
Wm. C. Harrington,
Benjamin Emmons,
Alexander Harvey,
Josiah Edson,
Alexander Brush,
William Chamberlain,
Noah Lee,
Daniel Gilbert,
Daniel Buck,
Isaac Lyman,
Ira Allen,
Daniel Farrand,
Daniel Jewett,
Timothy Castle,
Abraham Morrill,
John Forgason,
Eleazar Claghorn,
Beriah Loomis,
Reuben Thomas,
Silas Tupper,
Asahel Jackson,
Thomas Jewett,
David Palmer,
Jonathan Arnold,
Asaph Fletcher,
William Perry,
Samuel Gott,
Elijah Lovell,
Joseph Warner, Ebenezer Allen,
Jolın Rich,
Asahel Smith,
Enos Wood,
John Barron,
Simeon Smith,
Samuel Hitchcock.
Amos Brownson,
STATE OF VERMONT, SS .- Bennington, January 10, 1791. The foregoing ratification was agreed to, and signed by one hundred and five, and dissented to, by four ; which is a majority of one hundred and one.
THOS: CHITTENDEN, President. Attest, Ros. HOPKINS, Sec'y of Convention .*
AN ACT for the admission of the State of Vermont into this Union.
The State of Vermont having petitioned the Congress to be admitted a member of the United States,
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress Assembled, and it is hereby en-
* Copy of the original uct, on tile in the Secretary of State's ofice.
.
John Shumway, Silas Hathaway, Thomas Porter,
John N. Bennett.
Martin Powell,
William Slade,
M
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acted and declared, That on the fourthi day of March, one thousand seven hundred and ninety-one, the said State, by the name and style of " the State of Vermont," shall be received and admitted into this Union, as a new and entire member of the United States of America.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, and President of the Senate. Approved, February the 18th, 1791.
GEORGE WASHINGTON,
President of the United States.
JOURNAL
OF THE
COUNCIL OF SAFETY.
HAVING completed the series of documents, exhibiting a view of the external relations of Vermont, during its long and eventful struggle for independence, we turn to examine the structure of its government, and the early history of its legislation. For this purpose, we shall now pre- sent-the Journal of the Council of Safety-the first Constitution of the State-the Journal of the Legislature, during the first year of its existence and the Laws, passed during the seven succeeding years.
For an account of the origin of the Council of Safety, we refer our readers to the introduction to this work. We regret that we have been able to find no part of their journal, of a date anterior to the 15th of August, 1777. The most unremitted efforts to obtain it, have proved wholly unavailing ; and the result renders it probable that it is irrecove- rably lost. Enough, however, has been preserved, to exemplify the ex- traordinary powers exercised by that body ; and thus enabir us to gratify the public with the greatest political curiosity which the history of Ver- mont can furnish. The part which has been preserved, commences on the day preceding the Bennington battle ; and is as follows.
STATE OF VERMONT. Bennington In Council of Safety, August 15, 1777.
SIR-You are hereby desired to forward to this place, by express, all the lead you can possibly collect in your vicinity ; as it is expected, every minute, an action will commence between our troops and the enemies', within four or five miles of this place, and the lead will be positively wanted.
By order of Council,
PAUL SPOONER, D. Sec'y.
The Chairman of the Committee of Safety, Williamstown.
'The same request sent to the Chairman of the Committe, Lanesboro; the same date sent by Jededialı Reed, Paulett.
Madam-Please to send by the bearer, Jedediah Reed, 6 or 7 lbs. of lead, by Col. Simonds' order.
By order of Council,
PAUL SPOONER, D. Secy
Mrs. Simonds.
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A warrant was given to Doct. J. Rhuback, to impress a horse to ride to General Starks' head quarters, in this town-drawn in the usual form.
To Lieut. Peter Roberts, one of the Commissioners of sequestration,
Sir-You are hereby directed to forward the cattle under your care, · being one hundred and eleven head, to New Providence; then and there to advertise said cattle, and expose them to sale at public vendue, and keep fair accounts of said cattle, natural and artificial marks, and age, with their particular prices-and make returns of the money, with all your proceedings, to this Council, as soon as may be.
PAUL SPOONER, D. Sec'y.
STATE OF VERMONT-In Council of Safety, Aug. 16, 1777. To Col. John Williams-Sir,
You will proceed with your party toward the lines, and if the enemy should retreat, you will repair to the road leading from St Cork to Hoosack, and if you make any discovery, report to thus Council ; - at the same time, you are to pay proper attention to the road leading from Hoosack to Pownal.
By order of Council,
PAUL SPOONER, D. Sec'y.
In Council of Safety, Bennington, August 20, 1777.
Sir-You are required to raise seventy-five able bodied, effective men of your regiment of militia, exclusive of the common quota of commis- sioned officers for such number ; which number you will cause to be con- tinued in the field, under the commanding officer of the eastern militia, until the first day of December next, unless sooner discharged by such commanding officer. Should you find it more convenient for parr or a'l suchi troops to be relieved before that time, you will do it, observing al- ways, to keep the full number in the field. Those who engage, are to do it only on the principle of being under the regulation of the Conti- mental army, during the time they serve, although under the command of the above officer.
By order of Council, THOMAS CHITTENDEN, President.
Bennington, August 23, 1777.
David Brackenridge is permitted to remain at his father's house, un- der the care of the guard at that place, until further orders.
In Council of Safety, Bennington, August 23, 1777. ៛ , and - To -
Notwithstanding your ungratefulness to your country ; and notwith- standing you have, by your conduct, forfeited the confidence of your countrymen, yet, nevertheless, on the application of Capt. Abram Un-
* For obvious reasons, we have thought proper to refrain from exposing the names of O:ose who were stigmatized by the Council.
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derhill, in your behalf, this Council are induced, out of humanity, to ac- cept you again into friendship, on your voluntary surrender, and taking the oath of fidelity to the United States of America, forthwith, and dis- pensing with the loss you have already sustained, to atone for past folly. By order of Council,
THOMAS CHITTENDEN, President.
In Council of Safety, Bennington, August 25, 1777. To Capt. John Fassett-Sir,
You are requested to take a potash kittle, for the Hessian troops to cook in. Give your receipt for the same, and bring the same to the meeting-house in this place.
By order of Council,
IRA ALLEN, Sec'y.
In Council of Safety, Bennington, August 26, 1777. To Adjutant Elisha Clark,
You are hereby required to make return of the names and number of the officers, non-commissioned officers and soldiers, belonging to Col. Samuel Horrick's Regiment of Rangers, already raised within this State, for the defence thereof, to Ebenezer Walbridge, at Arlington, at 10 o' clock of the morning of the 28th inst ; as he is appointed and author- ised to muster, and return the several musters of the whole, in order to their being severally entered and entitled to their pay, agreeably to their several ranks. And you are further ordered to take particular accounts of the several companies and names of the several soldiers of that corps, who may hereafter join, at every opportunity. Of this you are not to fail.
By order of Council,
THOMAS CHITTENDEN, President. Attest, IRA ALLEN, Sec'y.
In Council of Safety, Bennington, August 27, 1777.
Whereas, this Council have received a letter from Capt. Burroughs, at Arlington, acquainting us that our scouts had taken all the stock of every kind, fron Auger Hawley's wife, of Rupert, and she had made ap- plication to him for a cow, as her children was in a suffering condition-
These are, therefore, to require you to let her have one cow, for the time being, out of the first cows you take from-any disaffected person.
By order of Council,
IRA ALLEN, Sec'y. Lt. Martin Powel, Commissioner of Sequestration.
In Council of Safety, Bennington, Aug. 27, 1777.
These are to require all persons in this State, that have taken any ef- fects from, or belonging to, any person in the State of New-York, in these late disturbances, to deliver up such effects to Mr. John Abbott and Capt. Nathan Smith, as they are appointed by Major Younglove, one of the commissioners of sequestration, for said State, to take care of such
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effects, in behalf of said State,-their proving their property to such ef- fects. Provided such effects were not taken in the field of battle.
By order of Council,
IRA ALLEN, Sed'y.
To whom it may concern.
In Council of Safety, Bennington, Aug. 27, 1777. To-
Sir-You are hereby required to take four horses, belonging to John Munro, Esq. supposed to be at Mr. Brackenridge's, and them safely keep and convey them to this Council, as soon as may be. By order of Council,
IRA ALLEN, Sed'y.
The gentlemen in whose custody the horses are, is requested to deliver them to the bearer.
In Council, August 27, 1777.
To Lieutenant Silas Watson,
You will please to send all the evidence you have against Jonathan Card and Peleg Card, as we propose to bring them on trial, on the 29th instant. We shall depend on hearing from you, by said day.
By order of Council,
IRA ALLEN, Sec'y: In Council of Safety, August 27, 1777.
To Capt. Joseph Farnsworth, Commissary, Bennington.
Sir-If you please to give Lieut Benjamin Chamberlain, and three men with him, three days provisions, as they are bold volunteers, this Council will settle with you for the same.
By order of Council,
IRA ALLEN, Sed'y.
In Council of Safety, Aug. 27, 1777.
Permit Mrs. Munro to keep her cattle, sheep, swine, and other effects, until orders is given from this Council, for her to deliver them up. By order of Council,
THOMAS CHITTENDEN, Pres. N. B. To Mrs. Munro-By sending to Bennington, to-morrow, you can have one of your riding hores to use, until we send for him. Per order,
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