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 9
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These causes, as has been seen in the document just recorded, led the way to an event, which roused a spirit of opposition to New-York, on the eastern side of the mountains. The massacre (as it was called) of the 13th of March, electrified the whole county of Cumberland : and, as if to give a new impulse to the opposition in that quarter, " the principal
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. CONTROVERSY WITH NEW-YORK.
persons engaged in that massacre, and who had been confined in the jaif at Northampton, were released, on application to the chief justice of New-York."*
41. This train of events produced, at length, a general disposition to resist . the administration of the government of New-York ;- as will appear by "the following proceedings.
AT a meeting of Committees appointed by a large body of inhabitants on the east side of the range of Green Mountains, held at Westmin- ster, on the 11th day of April, 1775.
1. VOTED, That Major Abijah Lovejoy be the Moderator of this meeting.
. 2. VOTED, That Dr. Reuben Jones be the Clerk.
-13. VOTED, as our opinion, That our inhabitants are in great danger of having their property unjustly, cruelly, and unconstitutionally taken from them, by the arbitrary and designing administration of the govern- ment of New York ; sundry instances having already taken place.
4. VOTED, as our opinion, that the lives of those inhabitants are in the utmost hazard and imminent danger, under the present administration. Witness the malicious and horrid massacre of the night of the 13th ult.
5. VOTED, as our opinion, That it is the duty of said inhabitants, as predicated on the eternal and 'immutable law of self-preservation, to wholly renounce and resist the administration of the government of New- York, till such time as the lives and property of those inhabitants may be secured by it ; or till such time as they can have opportunity to lay their grievances before his most gracious Majesty in Council, together with a proper remonstrance against the unjustifiable conduct of that government; with an humble petition, to be taken out of so oppressive, a jurisdiction, and, either annexed to some other government, or erected and incorporated into a new one, as may appear best to the said inhabitants, to the royal wisdom and clemency, and till such time as his Majesty shall settle this controversy.
6. VOTED, That Colonel John Hazeltine, Charles Phelps, Esq. and Colonel Ethan Allen, be a Committee to prepare such remonstrance and petition for the purpose aforesaid.
It is difficult to conjecture what would have been the issue of this con- troversy, had not its progress been suddenly arrested by the commence- ment of the revolutionary war. The events of the memorable 19th of April, 1775, produced a shock, which was felt to every extremity of the colonies : and " local and provincial contests were, at once, swallowed up by the novelty, the grandeur, and the importance of the contest thus open_ ed between Great-Britain and America."t
The commencement of the war, at this period, led to a train of causes, intimately connected with the final independence of Vermont. The at-
# Williams' history.
Williams' history,
7
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CONTROVERSY WITH NEW-YORK.
tention of New-York was suddenly diverted from the subject of its partic- ular controversy, to the higher one, involving the independence of the whole American community ; while the final result of the former was
. necessarily thrown forward to a more distant period. The New-Hamp- · shire grantees did not fail to profit by this delay. While they never, for a moment," lost sight of the object for which they had so long contended, they improved the delay, in the cultivation of a more perfect union, and in a better organization of their strength ; while a violent, irritable state of publick feeling, ill calculated to sustain a long conflict, gradually settled down into a more deliberate, but not less decided, hostility to the claims of New-York.
In this state of things,' the inhabitants on the grants soon began to feel their importance ; and this feeling was not a little strengthened by the signal exploit, which has given the brave Allen and his companions in arms, so distinguished a place in the annals of the revolution. Their frontier situation peculiarly exposed them, to the depredations of the enemy."Their own immediate safety, therefore, as well as a strong sym- pathy in the general hostility to the mother country, led them to take an early, and a distinguished part in the common cause.
With New-York, however, they were determined to have no imme- diate connection, even in the : common defence. Accordingly, on the 17th of January, 1776, the following petition was forwarded to the Con- tinental Congress.
To the Honourable JOHN HANCOCK, Esq. President of the Honourable Continental Congress, &c. &c. now assembled at Philadelphia.
The humble petition, address, and remonstrance of that part of America, ... being situate south of Canada line, west of Connecticut River, north of the Massachusetts.Bay, and east of a twenty mile line from Hudson's River ; commonly called and known by the name of the New-Hamp- shire grants,
HUMBLY SHEWETH,
That your honours petitioners, being fully sensible and deeply affected with the very alarming situation in which the United Colonies are in- volved, by means of a designing ministry, who have flagrantly used, and are still using their utmost efforts to bring the inhabitants of the very ex- `tensive continent of America into a base and servile subjection to arbi- trary power, contrary to all the most sacred ties of obligation by covenant, and the well known constitution by which the British empire ought to be governed. Your petitioners, not to'be prolix or waste time, when the whole continent are in so disagreeable a situation, would, however, beg leave to remonstrate, in as short terms as possible, the very peculiar sit-
* uation in which your petitioners have, for a series of years, been ex- ercised, and are still struggling under. Perhaps your honours, or, at
*Tbe surprise and capture of the Fort at Tyconderoga, on the 9th of May, 1775.
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CONTROVERSY WITH NEW-YORK.
·
least, some of you, are not unacquainted, that at the conclusion of the last war, the above described premises which your petitioners now inhabit, was deemed and reputed to be in the province of New-Hampshire, and consequently, within the jurisdiction of the same ; whereupon, applica- tions were freely made to Benning Wentworth, Esq. then governor of the province of New-Hampshire, who, with the advice of his council, granted, under the great seal of said province, to your honours petitioners, a large number of townships of the contents of six miles square, each ; in conse- quence of which, a great number of your petitioners, who were men of considerable substance, disposed of their interest in their native places, and, with their numerous families, proceeded, many of them, two hun- dred miles, encountering many dangers, fatigues, and great hardships, to inhabit a desolate wilderness, which is now become a well settled frontier to three governments. This was not at all our trouble ; for, soon after the commencement of those settlements, the monopolizing land-traders of New-York, being apprised that the province of New-Hampshire had granted the said lands, and that settlements were actually making, did present a petition, as we have often heard, and verily believe, in your pe- titioners names, praying, that the same lands, granted by New-lamp- shire, might be annexed to the province of New-York, on account of its local and other circumstances, for the benefit of the inhabitants. .. . Your. petitioners, not being apprised of the intrigue, in this case, were mute. Therefore, as no objection was made why the prayer of the petition should not be granted, his Majesty was pleased, with advice of council, on the 24th day of July, 1764, to grant the same. Immediately after, the land-traders of New-York petitioned the then governor of that pro- vince for grants of lands, some part of which had been previously granted to your petitioners, by the governor and council of New-Hampshire. The. dispute then became serious. ;. Your petitioners then petitioned his Ma- jesty for relief in the premises. His Majesty was pleased to appoint a Committee, who reported to his Majesty in the premises, and his Ma- jesty was pleased to pass order in the following words :
At a Court at St. James's, the 24th day of July, 1767. PRESENT,
THE KING'S MOST EXCELLENT MAJESTY,
Archbishop of Canterbury, Earl of Shelburne,
Lord Chancellor,
Viscount Falmouth,
Duke of Queensbury,
Viscount Barrington,
Duke of Ancaster, ....
Viscount Clarke,
Lord Chamberlain,' Bishop of London,
Earl of Litchfield,
Mr. Secretary Conway,
Earl of Bristol,
Hans Stanly, Esq.
His Majesty, taking the said report into consideration, was pleased, with the advice of his privy-council, to approve thereof; and doth here- by strictly charge, require, and command, that the governor, or com- mander in chief, of his Majesty's' province of New-York, for the time being, do not, upon pain of his Majesty's highest displeasure, presume to
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CONTROVERSY WITH NEW-YORK.
thale any grant whatsoever, of any part of the lands described in the said report, until his Majesty's further pleasure should be known concerning the anine. t. )1 .. .
WILLIAM SHARP.
ANA True Copy, (attest.) GEO. BANYAR, Dep. Sec'ry.
The many intervening and unhappy disputes which have since happen- ed between 'those land-traders of New-York! and your petitioners, would take up too much time, under the present situation of public affairs, to re- cite ; as Capt. Heman Allen and Dr. Jonas Fay, who we have appointed to present this to your honours, will be furnished therewith, should they find your honours admittance, and such particulars be thought necessary. Let it saffice here, only to mention; that the oppressions from these over- grown land-traders of New-York were so grievous, that your petitioners were again induced, at a great expence, to petition his Majesty ; in con- sexpence of which, a committee was appointed, and made a report in favour of your petitioners, which is too"prolix to be inserted here .* We are calkd on, this moment, by the Committee"of safety for the county of Alleiny, to suppress a dangerous insurrection in Tryon county. Upwards of ninety soldiers were on their march, within twelve hours after their receiving the news ; all inhabitants of one town, inhabited by your peti- tioners, and all furnished with arms, ammunition, accoutrements, and provisions, &c." Again, we are alarmed by express from gen. Wooster, commanding at Montreal, with the disagreeable news of the unfortunate attack on Quebec, (unfortunate indeed, to lose so brave a commander) requiring our immediate' assistance by troops ; in consquence of which a considerable number immediately marched for Quebec, and more are daily following their example.
Yet, while we, your petitioners, are thus earnestly engaged, we beg leave to say we are entirely willing to do all in our power in the general cause, under the continental congress, and have been, ever since the taking Tyconderoga, &c. in which your petitioners were principally active, un- der Col. Ethan Allen ; but are not willing to put ourselves under the honourable provincial congress of New-York, in such a manner as might, in future, be detrimental to our private property ; as the oath to be ad- ministered to those who are, or shall be, entrusted with commissions from said congress, and the association agreed upon by the same authority, together with some particular restrictions and orders for regulating the militia of said province, if conformed to by the inhabitants of said New- Hampshire grants, will, as we apprehend, be detrimental to your petition- ers, in the determination of the dispute now subsisting between said in- habitants and certain claimants under said province of New-York ; and that your petitioners' ardent desires of exerting themselves in the present struggle for freedom may not be restrained, and that we might engage in the glorious cause, without fear of giving our opponents any advantage in the said land dispute now subsisting, which we would wish should lie dormant, until a general restoration of tranquility shall allow us the op- portunity for an equitable decision of the same. Another reason that much hinders our joining hand and hand with New-York government,-
* For this report, see page 33
.
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CONTROVERSY WITH NEW-YORK.
.
in the general cause, is, they will not own us in our property ; but, on the contrary, the judges of the supreme court for said province have ex- pressely declared the charters of our lands, deeds, &c. to be null and void. Therefore, we, your honours humble petitioners, most earnestly pray your honours to take our case into your wise consideration, and order, that, for the future, your petitioners shall do duty in the continental ser- vice, if required, as inhabitants of said New-Hampshire grants, and not as inhabitants of the province of New-York, or subject to the limitations, restrictions, or regulations of the militia of said province ; and that com- missions, as your honours shall judge meet, be granted accordingly :--- and, as in duty bound, your honours petitioners shall ever pray
At a meeting of the representatives of the different towns on the New- Hampshire grants, legally warned and convened, at the house of Cephas Kents, inn-holder in Dorset, on the 16th day of January, 1776; Capt. Joseph Woodward, chairman, Dr. Jonas Fay, clerk .- This meeting, after due consideration, agreed to prefer to the honourable continental congress a humble petition, setting forth the peculiar circumstances of this part of the country. Accordingly a Committee was appointed to draw up the same, who drew up the foregoing, and reported to the house in the evening. The clerk read the same in his place, and afterwards delivered it in at the table. The house adjourned till to-morrow, nine of the clock, 17th January. Met according to adjournment ; the said petition being a second time read, was agreed to by the whole house. Then Lieut. James Brakenridge and Capt. Heman Allen were nominated to prefer the said petition : the vote was called ; passed in the affirma- tive nem. con. Then Dr. Jonas Fay was nominated ; the vote called, passed in the affirmative nem. con.
(A True Copy), JOSEPH WOODWARD, Chairman. JONAS FAY, Clerk.
The following are the resolutions of Congress, on the subject of the foregoing petition.
"The Committee; to whom the petition, address, and remonstrance of persons inhabiting that part of America, which is commonly called and known by the name of the New-Hampshire grants, was referred, have ex- amined the matter thereof, and come to the following resolution there- upon :
RESOLVED, That it is the opinion of this Committee, that it be recom- mended to the petitioners, for the present, to submit to the government of New-York, and contribute their assistance, with their countrymen, in the contest between. Great-Britain and the United, Colonies ; but that such submission ought not to prejudice the right of them or others to the lands in controversy, or any part of them ; nor be construed to affirm or admit the jurisdiction of New-York in and over that country ; and when the present troubles are at an end, the final determination of their right may be mutually referred to proper judges. ..
In Congress, June 4th, 1776.
RESOLVED, That Heman Allen have leave to withdraw the petition by him delivered in behalf of the inhabitants of the New-Hampshire
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grants, he representing that he has left at home some papers and vouchers, necessary to support the allegations therein contained.
Extracts from the minutes,
THO. EDISON, for CHAS. THOMPSON, Sec'y.
Hitherto, the settlers, on the New-Hampshire grants, not having been recognized by the crown as holding a separate jurisdiction, nor invested with separate powers, had not enjoyed the benefit of a regular organiza- tion, under which they could act with system and effect. They, there- fore; had no rallying point, and no bond of union, save a common interest to resist the claims of New-York. The same necessity, however, which drove them to resistance, operated to give the effect of law, to the recom- mendations of their committees and 'conventions ; while a few bold, daring spirits, as if formed for this very occasion, gave impulse and ener- gy and system to their operations. A better organization was obviously needed, to sustain a protracted conflict.
Thus situated were the people on the grants, when Congress, on the 4th of July, 1776, published to the world, the memorable declaration of American Independence. By the sudden change thus produced in the relations between Great-Britain and her Colonies, the New-Hampshire grantees were left in a situation, somewhat peculiar. They had, as we have seen, originally purchased their lands under royal grants from the Governor of New-Hampshire. New-York claimed the jurisdiction, and the right of soil. The settlers had petitioned the crown for redress ; and while they were encouraged with indications of a decision favorable to their claims, the connexion between the crown and the contending parties was suddenly dissolved. There no longer remained, therefore, any earthly power, recognized by the parties as a superior, possessing the right of deciding the controversy.
This state of things could not fail to suggest to the settlers, the right and expediency of declaring themselves independent. Having never submitted to the claims of New-York, and no longer acknowledging allegiance to the crown, they considered that the time had arrived when a regard to their own safety required, and justice sanctioned, their as- Sumption of the powers of self-government.
To ascertain the state of publick sentiment on this subject, measures were taken for calling a convention. Circular letters were addressed to the different towns, and delegates were appointed ; who met at Dorset, on the 24th of July, 1776. There are no documents to be found, which furnish a particular account of the proceedings at this meeting. It was
1
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CONTROVERSY WITH NEW-YORK.
adjourned to the 25th of September following ; when it again met, at the same place. The following document furnishes an account of the pro- ceedings.
NEW-HAMPSHIRE GRANTS.
CEPHAS KENT'S, Dorset, September 25, 1776.
At a general convention of the several delegates from the towns on the - west side of the range of Green Mountains, the 24th day of July last, consisting of fifty one members, representing thirty-five towns, and . holden this day by adjournment, by the representatives on the west and east side of the range of Green Mountains ; the following members , being present at the opening of the meeting, viz.
Capt. JOSEPH BOWKER, in the Chair-Dr. JONAS FAY, Clerk.
Towns. Delegates.
Towns. Delegates.
Pownall,
Benning-
1 ton,
Capt. Samuel Wright, Dr. Obadiah Dunham. Mr. Sim. Hatheway, Dr. Jonas F'ay, Capt. John Burnham, Nathan Clark, Esq. Maj. Sam. Safford, Col. Moses Robinson. Maj. Jeremiah Clark, John Burnham, sen. Lieut. Jos. Bradley, Col. Tim. Brownson, Col. Wm. Marsh, Lieut. Martin Powell, Lieut. Gid. Ormsby. Mr. John Manley,
Mr. Nehemiah How, . Poultney, $ Mr. Wm. Ward. Castleton, Capt. Jos. Woodward. Bridport, Mr. Samuel Benton. Addison, Mr. David Vallanee. Stanford, Mr. Tho. Morgan. Williston, Col. Tho. Chittenden. Colchester, Lieut. Ira Allen. Middlebury, Mr. Gamaliel Painter. Burlington, Mr. Lemuel Bradley.
Shafts-
bury,
Şunder-
Capt. Tim. Barker, Neshobe, Mr. Thomas Tuttle.
land,
Capt. Joseph Bowker,
Manches- ter,
Rutland, Col. James Mead. Wallingford, Mr. Abm. Ives.
Dorset,
Maj. Tho. Rice.
Rupert,
Danby, Mr. Wm. Gage. Panton, Mr. John Gale.
Pawlet,
Bromley, Capt. Wm. Utly.
Wells,
Col. Seth Warner and. Capt. He- man Allen, present.
Towns. Delegates. Towns. Delegates.
· Marlboro', Capt. F. Whittemore.
Rockingham, Dr. Reuben Jones.
2 Col. Benj. Carpenter, Dummer- ? Mr. Joseph Hildrick, , Guilford, S Maj. Jn. Shepherdson. ston, Lt. Leonard Spalding.
Windsor, Mr. Eben. Hoisington. Westmin- ? Mr. Joshua Webb,
ster, Nathan Robinson, Esq.
'Kent, ? Mr. Edward Aikens, S Col. James Rogers. Hallifax, Col. Benj. Carpenter.
-Wilmington and Cumberland were represented by letters from some of the principal inhabitants.
e
Mr. Abm. Underhill. Mr. Reub. Harmon, Mr. Amos Curtis. Capt. Wm. Fitch, Maj. Roger Rose. Zaccheus Mallery, S Ogden Mallery. Members from the East side of the Green Mountain.
T'inmouth,
Capt. Eben. Allen,
Capt. Micah Veal,
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CONTROVERSY WITH NEW-YORK.
VOTED, That the association, heretofore, entered into, and subscribed by the members of this convention, copies of which have been distributed in order to obtain signers to the same, should be returned to the clerk of this' convention by the delegates to attend from each town, at their next session. It was also resolved by this convention, to take suitable mea- sures, as soon as may be, to declare the New-Hampshire grants a free and separate district This vote passed without a dissenting voice. On the report of a sub-committee from this convention, consisting of seven members, amongst whom were Col. Thomas Chittenden, Dr. Jonas Fay, Ira Allen, and others, and which report was accepted by the convention, the following covenant or compact being drawn up by a committee, and exhibited in the following words, was unanimously agreed to by the con. vention, viz.
Whereas this convention has, for a series of years last past, had under their particular consideration the disingenuous conduct of the colony ( now state) of New- York, towards the inhabitants of that district of land, com- monly called and known by the name of the New-Hampshire grants, and the several illegal, unjustifiable, as well as unreasonable measures they have pursued, to deprive, by fraud, violence and oppression, the said inhabitants of their property, and in particular their landed interest : and whereas this convention have reason to expect a continuance of the same kind of disingenuity, unless some effectual measures be pursued to form the said district int > a separate one from that of New- York.
And whereas it appears to this convention, that, for the foregoing rea- sons, together with the distance of road which lies between this district and New-York, that it will be very inconvenient for those inhabitants to associate or connect with New-York for the time being, either directly or indirectly ...
Therefore this convention being fully convinced, that it is absolutely. necessary that every individual in the United States of America should exert themselves to the utmost of their abilities in the defence of the liber- ties thereof ; therefore, that this convention may the better satisfy the public of their punctual attachment to the said common cause at pre-, sent, as well as heretofore, we do make and subscribe the following covenant, viz.
We, the subscribers, inhabitants of that district of land commonly called and known by the name of New-Hampshire grants, being legally delegated and authorised to transact the public and political affairs of the aforesaid district for ourselves and constituents, do solemnly covenant and engage, that, for the time being, we will strictly and religiously a !- here to the several resolves of this or a future convention, constituted on said district by the free voice of the friends to American liberties, which shall not be repugnant to the resolves of the honourable the Continental Congress relative to the cause of America."
On the 15th of January, 1777, the Convention again met, at Westmin- ster ; and after much deliberation, came to the important resolution to declare the New-Hampshire grants a free and independent State. The following is a journal of the proceedings.
1
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CONTROVERSY WITH NEW-YORK.
NEW-HAMPSHIRE GRANTS. 1
17,A WESTMINSTER COURT-HOUSE, January 15th, 1777.
Convention opened according to adjournment. Present the following members :
Captain JOSEPH BOWKER, in the Chair.
Ist« Voted Doctor REUBEN JONES, Clerk pro tempore.
Benning- Capt. John Burnham, Nathaniel Clark, Esq. | Townshend, Capt. Sam. Fletcher, Chester, Col. Thomas Chandler, Rocking- ¿ Dr. Reuben Jones,
ton, Mr. Nathan Clark, jun. Manchester, Lieut. Martin Powell, Castleton, Captain John Hall, Williston, Col. Tho. Chittenden,
ham, S Lieut. Moses Wright, Windsor, Mr. Eben. Hosington, Hartford, Mr. Stephen Tilden, Woodstock, Mr. Benj. Emmonds,
Colchester, Captain Ira Allen,
Capt. Joseph Bowker,
Rutland, Captain Heman Allen,
Dummer- : Lt. Leonard Spalding,
ston, 5 Lt. Dennis Lockland, Westmin- ? Nathan. Robinson Esq. ster, MI. Joshua Webb,
Barnard, By ditto and ditto.
Royalton, By ditto and ditto.
2d. Voted to adjourn this convention to eight o'clock to morrow morn- ing, at this place.
Thursday eight o'clock, convention opened according to adjournment. Major Joseph Williams, and lieutenant Nathaniel Selley, from Pownal, took their seats.
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