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PROCEEDINGS OF THE VERMONT LEGISLATURE.

CONVENTION AT CORNISH.

New Hampshire; but that if those pro- | The object of this convention was to esceedings were disannulled, only the dele- tablish a government in the valley of the gates from New York would oppose their independence.* The Legislature met again by adjournment on the 8th of October, 1778, at Windsor, and, having received the report of Col. Allen, Oct. 13th, they took up the subject of the union.

At the first session of the Legislature in March, the state had been divided into two counties, Bennington on the west side of the mountains, and Cumberland on the east. After considering and debating the subject of their connection with the sixteen towns from New Hampshire, from the 13th to the 21st of October, votes were taken in the Legislature on the following questions, the result of which evinced the determination of a majority of the members to proceed no further in that hazardous experiment. Question 1st. Shall the counties in this state remain as they were established in March last? This question was decided in the affirmative; yeas 35, nays 26. Question 2d. Shall the towns on the east side of the Connecticut river, which have been admitted to a union with Vermont, be included in the county of Cumberland? Question 3d. Shall said towns be erected into a county by themselves? The last two questions were both decided in the negative; yeas 28, nays 33.f

Connecticut, the centre and seat of which should be somewhere upon that stream. The convention met at Cornish, New Hampshire, on the 9th of December, and a union was agreed upon by the majority of the delegates, without any regard to former limits, and a proposal was made to New Hampshire, either to agree with that state upon a division line, or to submit it to Congress, or to arbitrators mutually chosen. In case neither of these proposals was accepted, they proposed that they would consent that all the grants should be united with New Hampshire, and altogether become one entire state, co-extensive with the claims of New Hampshire previous to the royal decision in 1764. Till one of these proposals was acceded to, they "resolved to trust in providence and defend themselves."

Only eight towns on the west side of Connecticut river were represented in this convention, and the delegates from some of these declined taking any part in making the foregoing proposals to New Hampshire. From the proceedings of this convention, it became obvious that the whole aim of the leading men in the vicinity of Connecticut river, was to establish such a government as to bring themselves in the centre, and it did not Finding by these votes that the Legis- appear to be material with them whether lature did not incline, at present, to do this was effected by a union of a part of any thing more on the subject of the New Hampshire with Vermont, or by union, the representatives from the towns bringing the whole of Vermont under the on the east side of the Connecticut with- jurisdiction of New Hampshire. The drew from the assembly, in which they people of Vermont were now fully sensihad been admitted to seats, and were fol-ble of the impolicy, as well as injustice, lowed by fifteen representatives from towns on the west side of the river, together with the lieutenant governor, and two of the council. After these members had withdrawn, the number left was barely sufficient to constitute a quorum. They, The legislature of Vermont met at Bentherefore, proceeded to transact the re-nington, according to adjournment, on maining business of the session, and adjourned on the 24th of October, to meet again at Bennington on the second Thursday of February next, having resolved to refer the subject of the union with New Hampshire to their constituents for instructions how to proceed at their next session.

The seceding members, after entering a formal protest upon the journals against the proceedings of the assembly, held a meeting, at which they made arrangements for calling a convention, to which they invited all the towns in the vicinity of Connecticut river to send delegates.

*For a copy of this report see Slade's State Papers, page 92. † For these proceedings, see Ibid. p. 94.

of aiding in the dismemberment of New Hampshire, and they were wise enough to embrace the first opportunity to retrace their steps, and dissolve a connection which threatened their ruin.

the 12th of February, 1779, and the next day they voted to dissolve the union which had subsisted between them and the towns in New Hampshire.* This determination of the legislature of Vermont was immediately communicated to the government of New Hampshire by Ira Allen, and was received while efforts were making to gain the assent of that government to the proposals made by the Cornish convention. Encouraged by these divisions, the legislature of New Hampshire now resolved to lay claim, not only to the sixteen towns, which had united with Vermont, but to the whole

*For these preceedings see Slade's State Papers,

page 102.

CLAIMS UPON VERMONT.

state of Vermont, as grants originally made by that province. Application was made to Congress for a confirmation of this claim, and at the same time New York applied to that body for a confirmation of her title to the territory in question.

DIFFICULTIES IN CUMBERLAND COUNTY.

wrote to Congress, urging their decision of the controversy, and blaming the people of Vermont for the violence of their proceedings.

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protecting the loyal subjects of that part of the state, and for convincing Congress of the impropriety of delaying a decision in a matter, which so nearly concerned the peace, welfare and lives of many of their firm adherents.' About the same time a military association was formed in Cumberland county for the purpose of

In conformity to the recommendation of Governor Clinton, the friends of New York met in convention at Brattleboro', Circumstances connected with these on the 4th of May, 1779, and, having orapplications convinced the people of Ver-ganized, drew up a petition to the Govermont, that they were the result of the nor of New York, in which, after stating intrigues of the leading men in those the summary manner in which the prestates, and were designed to effect a di-tended State of Vermont was proceeding vision of Vermont between them, by a to confiscate their property, and various line along the summit of the Green Moun- other grievances, they "entreat his extains.* As the other states in general | cellency to take immediate measures for took but little interest in these controversies, and as the adjustment of them was embarrassing to Congress, it was thought that, if New Hampshire and New York should agree, it would be left pretty much to those two states to settle the affairs of Vermont between them,in which case Vermont must certainly lose her separate existence as a state. But either to disap-opposing the authority of Vermont. point the parties, which appeared to be resolved on the annihilation of Vermont, or for some other cause, Massachusetts now interposed, and claimed a portion of the disputed territory, as within her jurisdiction. Thus was Vermont struggling to maintain her independence against the three adjoining states, which were all claiming her territory and the right of jurisdiction, nor had her proceedings yet received any countenance or encouragement from the continental Congress.

SECTION IV.

Controversy with New York, New Hampshire and Massachusetts, in 1778, 1779,

and 1780.

During the troubles, resulting from the union with a part of New Hampshire, and which have been mentioned in the preceding section, Vermont was still as deeply as ever involved in the controversy with New York; but now, events transpired in the southeastern part of the county of Cumberland, which gave to that controversy a much more alarming aspect. On the 7th of July, 1778, Governor Clinton wrote to his friends in Vermont, recommending, that wherever the partizans of New York were sufficiently powerful, firm resistance should be made to the draughting of men, the raising of taxes, and to all the acts of the "ideal Vermont State; and also "that associations be formed for mutual defence against this usurpation." At the same time he

* See Williams' History, Vol, II. page 184.

In consequence of representing that they had a regiment of 500 men, and of making some other false assertions, several commissions had been obtained from Governor Clinton; and the government of Vermont, therefore, found it necessary to take measures to put a stop to these military movements. Ethan Allen was accordingly ordered by_the_governor to call out the militia for that purpose. When the adherents of New York were informed of these transactions on the part of Vermont, Col. Patterson, who held a commission in the county of Cumberland under the authority of New York, wrote to Governor Clinton, May 5th, for directions how to proceed, and suggested the necessity of sending the militia of Albany county to his assistance. This letter and the foregoing petition were answered by the governor with assurances of protection; and he recommended that the authority of Vermont should not be acknowledged, except in the alternative of submission or inevitable ruin.

On the 18th of May, Governor Clinton wrote to the president of Congress, that matters were fast approaching to a very serious crisis, which nothing but the immediate interposition of Congress. could possibly prevent; that he daily expected he should be obliged to order out a force for the defence of those who adhered to New York; that the wisdom of Congress would suggest to them what would be the consequence of submitting the controversy, especially at this juncture, to the decision of the sword; but

*For this petition see Slade's Vermont State Papers, page 106.

PROCEEDINGS OF CONGRESS.

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RESOLUTIONS RESPECTING VERMONT.

1779, passed several resolutions, the substance of which was as follows: *

Resolved, that it be earnestly recommended, that New Hampshire, Massachusetts and New York expressly author

that justice, the faith of government, the peace and safety of society would not permit them to continue any longer passive spectators of the violence committed on their fellow citizens."* This letter and sundry other papers relating to the dis-ize Congress to determine their disputes putes were laid before Congress on the 29th of May, 1779, and were referred to a committee of the whole; and on the first day of June, Congress resolved "that a committee be appointed to repair to the inhabitants of a certain district, known by the name of the New Hampshire grants, and inquire into the reasons why they refuse to continue citizens of the respective states, which have claimed jurisdiction over the said district. And that they take every prudent measure to promote an amicable settlement; and to prevent divisions and animosities, so prejudicial to the United States."t

relative to their respective boundariesand that on the first of February next, Congress will proceed to settle and determine the same, according to equity. It was, moreover, declared to be the duty of those inhabitants of the New Hampshire grants, who did not acknowledge the jurisdiction of either of the above named states, to refrain from exercising any power over such of the inhabitants as did acknowledge such jurisdiction, and it was likewise recommended to the said states to refrain, in the mean time, from executing their laws over such inhabitants as did not acknowledge their respective ju

From the whole tenor of these resolutions, it was evident that Congress wished for the present to pacify the parties, without coming to any decision upon the matter in dispute; and it was equally evident that she would prefer sacrificing Vermont at this time with either of the states, as a separate jurisdiction, to a rupture which laid claim to that territory. Nor shall we be surprised at this partial and evasive policy, when we consider that the successful termination of the war for independence, which was then undecided, and the fate of the colonies generally, depended upon the integrity of their union in the common cause.

While Congress was engaged in pass-risdictions. ing these resolutions, Allen marched with an armed force and made prisoners of the colonel and other officers who were acting under the authority of New York. Complaint was immediately made to Governor Clinton, with an earnest request that he would take speedy measures for their relief. Governor Clinton wrote again to Congress on the 7th of June, stating what had taken place, disapproving of the resolutions of Congress before mentioned, and requesting that the committee, appointed to repair to the New Hampshire grants, might postpone their visit till after the next meeting of the New York legislature. June 16th, Congress resolved that the officers captured by Allen should be liberated, and that the committee above mentioned be directed to inquire into the circumstances of that transaction. ‡

Of the five commissioners appointed to repair to Vermont, two only attendedDr. Witherspoon and Mr. Atlee. These gentlemen repaired to Bennington in June, had several conferences with the friends of Vermont, and, also, with others, who were in the interest of New York. It seems to have been the aim of these commissioners to effect a reconciliation between the parties; but it appears from the report, which they made to Congress on the 13th of July, that they did not succeed in accomplishing the object of their mission. Four parties were now claiming the same tract of country, and each of these parties had applied to Congress for a decision of the controversy. Under such circumstances, Congress could not well avoid taking up the matter; and among others, on the 24th of September,

* Williams' History, Vol. II.

P. 187.

† Slade's State Papers, p. 108. Ibid. p. 109.

These resolutions seem to have quieted all parties but Vermont. shire and New York complied with the New Hamprecommendations, and authorized Congress to settle the dispute. Massachusetts did not comply, and she probably neglected it for the purpose of relieving Conmatter at the time appointed, and of pregress from the necessity of deciding the venting the sacrifice of Vermont. A compliance with these resolutions on the part of Vermont, would have been to admit the existence of four separate jurisdictions at the same time in the same territory, and in a territory too, the inhabitants of which had declared themselves to be free and independent, and had assumed the powers of government and exercised them in all cases and in every part of the territory. No alternative, therefore, remained to Vermont. She had taken a decisive stand-declared her independence-formed a constitution-enacted laws, and established courts of justice, and now noth

*For these Resolutions see Slade's State Papers,

page 110.

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PROCEEDINGS OF THE VERMONT LEGISLATURE.

ing remained for her, but to go onward with firmness and resolution; and happy was it for her that she possessed statesmen endowed with courage and abilities suited to the exigency of her condition; statesmen who well understood the rights and interests of the community, and were determined that they should not be sacrificed by the neighboring states, or by the policy of Congress.

2

VERMONT'S APPEAL.

*

:

did and impartial world, in which they declared that they could not view themrelves as holden, either in the sight of God, or man, to submit to the execution of a plan, which they had reason to believe was commenced by neighboring states; that the liberties and privileges of the state of Vermont, by said resolutions, are to be suspended upon the arbitrament and final determination of ConThe foregoing resolutions of Congress gress, when, in their opinion, they were had been communicated by express to the things too sacred ever to be arbitrated Legislature of Vermont, then in session upon at all; and what they were bound at Manchester; and, on the 16th of Octo- to defend at every risk that Congress ber, Ethan Allen, Reuben Jones, N. Clark | had no right to intermeddle in the interand Jonathan Fassett were appointed anal policy and government of Vermont; committee to report a plan of "defence against the neighboring states, in consequence of the late acts of Congress." On the 19th, the General Assembly went into committee of the whole on the state of the country, and on the 21st made a report, which was unanimously adopted, in which they assert their right and deter-mit to resolutions passed without their mination to maintain the independence of Vermont, and recommend to the Assembly to make grants of the unappropriated lands of the state for the benefit of the same. On the next day, it was resolved that Ethan Allen, Jonas Fay, Paul Spooner, Stephen R. Bradley and Moses Robinson be appointed agents on behalf of the state, to attend the deliberations of Congress in February for the purpose of vindicating the independence of Vermont, and negotiating for her admission into the Union.*

On the 28th of October, Governor Chittenden, by direction of the Council and General Assembly, wrote to the president of the Council of Massachusetts, informing him that he had been made acquainted with the proceedings of Congress on the 24th of September, and that those proceedings contained the first intimation, which he had received, of the claims of that state over a part of Vermont. In this letter, which was forwarded by Gen. Ethan Allen, Gov. Chittenden vindicates the rights of the people of Vermont to liberty and independence, and expresses a determination, on his part, "to bring about an equitable accommodation of all differences, agreeable to the strict rules of justice and equity." +

On the 10th day of December, 1779, the governor and council of Vermont, in reference to the foregoing resolutions of Congress, published an appeal to the can

* For these proceedings see Slade's Vermont State Papers, page 113.

that the state existed independent of any of the thirteen United States, and was not accountable to them, or to their representatives, for liberty, the gift of the benevolent Creator;

That the state of Vermont was not represented in Congress, and could not sub

consent, or even knowledge, and which
put every thing that was valuable to them
at stake;-that there appeared a manifest
inequality, not to say predetermination,
that Congress should request of their con-
stituents power to judge and determine in
the cause, and never ask the consent of
the thousands whose all was at stake.
They also declared that they were, and
ever had been, ready to bear their propor-
tion of the burden and expense of the war
with Great Britain from its commence-
ment, whenever they were admitted into
the union with the other states.
they were not so lost to all sense and
honor, that, after four years of war with
Great Britain, in which they had expend-
ed so much blood and treasure, they
should now give up every thing worth
fighting for,-the right of making their
own laws, and choosing their own form
of government,-to the arbitrament and
determination of any man, or body of men,
under heaven.'

But

Congress, as already noticed, had appointed the first day of February, 1780, for considering and determining the matters in question; but, contrary to the wishes and expectations of all the parties, the subject was not called up. Congress, however, ordered, on the 21st of March, that, as there were not nine states represented in that body, exclusive of the parties concerned, the matters should be, for the present, postponed, but on the 2d of June, resumed the consideration of it,

*This Appeal was written by the Hon. Stephen R. Bradley, and published in a pamphlet, a copy of For this Letter see Slade's Vt. State Papers which is in the possession of the Hon. Íra H. Allen, of Irasburgh. page 114.

AGENTS SENT TO CONGRESS.

REMONSTRANCE OF THE AGENTS.

state, or of a people invested with legislative authority. New Hampshire and New York now urged, and endeavored to prove, their respective claims to the disputed territory, and it soon became evident to the agents that Congress did not regard Vermont as a party in the controversy, but that, in attempting to decide the dispute between New Hampshire and New York, she was adjudicating upon the very existence of Vermont without her consent.

and among other things, resolved "that ] but not as the representatives of any the proceedings of the people on the New Hampshire grants, were highly unwarrantable and subversive of the peace and welfare of the United States, and that they be strictly required to abstain from all acts of authority, civil or military, over those inhabitants who profess allegiance to other states.' "" The subject was again called up on the 9th of June, and the further consideration of it postponed to the second Tuesday of September following.* The foregoing resolutions and proceedings of Congress were communicated to Governor Chittenden, who laid the same before his council; and on the 25th of July, they replied, in a communication addressed to the president of Congress, that "however Congress may view those resolutions, they are considered by the people of this state, as being in their nature subversive of the natural rights which they had to liberty and independence, as well as incompatible with the principles on which Congress grounded their own right to independence, and had a natural and direct tendency to endanger the liberties of America; that Vermont, being a free and independent state, had denied the authority of Congress to judge of their jurisdiction ;

Alarmed and indignant at these proceedings, the agents withdrew their attendance, and on the 22d of September, transmitted a remonstrance* to Congress, in which they declare they can no longer sit as idle spectators, without betraying the trust reposed in them, and doing violence to their own feelings; that by the mode of trial which was adopted, the state of Vermont could have no hearing without denying her own existence, and that they would not take on themselves such humility and self abasement as to lose their political life in order to find it. They expressed the willingness of Vermont to submit the dispute to the mediation and settlement of the legislatures of disinterested states, but reprobated the idea that Congress could sit as a court of judicature, and determine the matter by virtue of authority given them by one only of the parties. They conclude by observing, that, if the present policy be pursued by Congress, they "are ready to appeal to God and the world to say who must be accountable for the awful consequences that may ensue."

That as they were not included in the thirteen United States, if necessitated to it, they were at liberty to offer or accept terms of cessation of hostilities with Great Britain, without the approbation of any other man, or body of men." And they further declared that if Congress and the neighboring states persisted in the course they were pursuing, they could have no motives to continue hostilities with Great On the 27th of September, Congress Britain, and maintain an important fron-again resumed the subject of the controtier for the benefit of a country which versy, and, having heard the evidence on treated them as slaves. Yet, notwith- the part of New Hampshire, resolved that standing the injustice done them, they the further consideration of the matter be were induced, by their attachment to the postponed; and this was doubtless the cause of liberty, once more to offer union wisest course of policy which Congress with the United States, of which Congress could pursue under existing circumstanwere the legal representative body."t ces. The contest with the mother coun All parties now anxiously awaited the try was yet undecided; and its issue decision of Congress on the second Tues- doubtful, and the grounds which the sevday of September, and, although Vermont eral parties in the dispute had assumed denied the authority of Congress to de- were such, that Congress could not hope termine the matter, she judged it prudent to make a decision which would satisfy to employ Ira Allen and Stephen R. Brad-them all; and to irritate either of the ley as her agents, to attend the delibera-states concerned to such a degree as to tions upon the subject. On the 19th of drive them to an abandonment of the September, Congress took up the subject of the controversy, and the agents from Vermont were permitted to be present,

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* For these proceedings see Slade's Staté Papers, page 116.

† For this communication see Slade's State Papers, page 118. Ibid. page 122.

common cause, might paralyze the efforts of Congress, and prevent the attainment of that liberty and independence for which they were struggling.

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