Marsh and Mr. Thomas Rowley, were appointed to prepare the petition.

The committee reported their draught of a petition in the evening, and the convention adjourned to the next morning, when the petition being a second time read was unanimously adopted, and Lieut. James Breakenridge, Capt. Heman Allen and Dr. Jonas Fay, were appointed to present the petition to congress. It was then voted that Simeon Hathaway, Elijah Dewey and James Breakenridge, be a committee with power "to warn a general meeting of the committees on the Grants when they shall judge necessary from southern intelligence," and that Col. John Strong, Zadock Everest and Asahel Ward be a committee, with like power to warn a meeting "when they should judge necessary from northern intelligence." The several committees of correspondence which had been appointed by previous conventions, were directed "to continue their duty as usual.”

The memorial to congress which was adopted by the convention was entitled:

"The humble petition, address and remonstrance of that part of America being situated south of Canada line, west of Connecticut river, north of Massachusetts Bay and east of a twenty mile line from Hudson's river; commonly called and known by the name of the New Hampshire Grants."

It stated in substance, that the territory they inhabited was, at the close of the then war with France, "deemed and reputed to be in the province of New Hampshire;" that the governor of that province granted a large number of townships, of six miles square each, to the petitioners and those under whom they claim; that "a great number of the 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 hundred miles, encountering many dangers, fatigues, and great hardships, to inhabit a desolate wilderness, which is now become a well settled frontier to three governments;" that the monopolizing land traders of New York "being well apprised of these facts, had, by false representations as the petitioners believed, procured in 1764 an order of the king in council annexing the territory to New York; that there upon the land traders obtained patents from the government of that province of much of the same land which had been previously granted by New Hampshire, and threatened to turn the New Hampshire occupants out of possession; that on the representation of the matter to the king, he on the 24th of July 1767, made a peremptory order in council, forbidding the governor of New York, "on

pain of his majesty's highest displeasure" from making any further grants of such lands: that, notwithstanding this order, the several successive governors of the province continued to make grants to the New York land jobbers of the prohibited lands; that upon further representation, made at great expense by the petitioners to the crown, the board of trade had made a report in their favor; that the courts of New York had declared the titles of the petitioners to be invalid, and that they had been compelled for a number of years past, to defend by force their possessions from the grasp of their adversaries.

The petitioners further stated that they were "entirely willing to do all in their power in the general cause of the colonies, under the Continental congress, and had been, ever since the taking of Ticonderoga, in which the petitioners were principally active under Col. Ethan Allen, but were not willing to put themselves under the honorable, the Provincial congress of New York, in such manner as might, in future, be detrimental to their private property," which they apprehended would be the case, if they should consent to subscribe the associations and oaths required of those who serve under that congress. As further evidence of their willingness to aid in the common cause, the petitioners said: "We are called on this moment by the committee of safety of the county of Albany, to suppress a dangerous insurrection in Tryon county. Upwards of ninety soldiers were on their march, within twelve hours after receiving the news, all inhabitants of one town, inhabited by your petitioners, and all furnished with arms, ammunition, accoutrements and provisions. Again we are alarmed by an express from Gen. Wooster commanding at Montreal, with the disagreeable news of the unfortunate attack on Quebec, requiring our immediate assistance by troops; in consequence of which, a considerable number immediately marched for Quebec, and more are daily following their example.” 1

1The exertions of the petitioners on the requisition of Gen. Wooster have already been stated. The application of the committee of Albany was in consequence of an express from Tryon county, giving information that Sir John Johnson, with five hundred tories and a body of Indians, had assembled on the Mohawk with hostile intentions, upon which the militia of the neighborhood were rallied, and calls immediately sent to Berkshire county and the Grants for aid. The ninety men mentioned in the petition were from Bennington, and they joined Gen. Schuyler at Albany, who marched from that place on the 16th for Johnstown. Gen. Schuyler entered into a treaty with Sir John by which, after the arms of his followers had been surrendered, he was allowed to remain at his castle on his parole of honor,

The petition concluded by praying congress to allow the petitioners to do duty in the Continental service as inhabitants of the 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 that province."

The petition being signed by Joseph Woodward as chairman, and Jonas Fay as secretary, was committed to Heman Allen, one of the committee appointed for that purpose, by whom, on the 8th of May, it was caused to be presented to congress. The petition being read, was referred to a committee consisting of Mr. Rodney of Delaware, Mr. Harrison of Virginia, Mr. Hewes of North Carolina, Mr. Lynch of South Carolina, and Mr. Alexander of Maryland, all being from the southern colonies. After hearing Mr. Allen, the committee, on the 30th of May, reported a resolution as follows, viz.:

"Resolved, that it is the opinion of this committee, that it be recommended 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 rights 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."

Although this resolution appeared to recognize the claim of the petitioners as worthy of serious consideration, yet it was apparent that it would furnish them no protection whatever against the New York patents, and before it was acted upon by congress, Mr. Allen, on the 4th of June, was permitted to withdraw the petition, "he representing," as stated in the journal, "that he had left at home some papers and vouchers necessary to support the allegations therein contained." 1

which, however, he violated, and after the recapture of Montreal by the British army, fled to that place. Am. Archives, vol. 4, fourth series pp. 682–3, and 818-829. Stone's Life of Brant, pp. 119–147.

1 Williams's Hist. Vermont, vol. 2, p. 164. Ms. copy of proceedings of Dorset convention, in the possession of Hon. James H. Phelps, of West Townshend. Slade, 61-65. Jour. N. Y. Cong., vol. 1, pp. 337, 360, 364.

CHAPTER XXI.

MEASURES FOR THE FORMATION OF A NEW STATE.

1776.

Convention at Dorset, July 24th, to consider the report of their agent to Congress and its adjourned meeting at Dorset, looking towards the formation of a separate state Unfriendly action of Cumberland county towards New York and the action of the assembly thereon --- Adjourned Convention of October 30th, and its publications and those of New York on the controversy.

ON

N the return of Mr. Allen from Philadelphia, another convention was called to hear his report of the proceedings of congress on the petition which he had presented in behalf of the inhabitants of the New Hampshire Grants. The meeting of the convention was notified by warrant signed by James Breakenridge, Simeon Hathaway and Elijah Dewey, the committee appointed at the previous convention "to act upon southern intelligence." It was to be held at "the house of Cephas Kent, innholder in Dorset on Wednesday the 24th of July, 1776.”

The objects of the meeting, besides that of hearing the report of their agent, were to consider and determine upon what measures should be adopted in regard to New York, and for the defence of the district against the common enemy.

At the time and place appointed, thirty-one towns on the west side of the Green mountain, and one on the east side, were represented by fifty-one delegates. Capt. Joseph Bowker of Rutland, was chosen chairman, and Jonas Fay of Bennington, clerk. The petition of the former convention, which had been presented to congress by Heman Allen, was read, and Mr. Allen gave an account of the proceedings of congress thereon. In addition to what has been before stated, from the journals of that body, Mr. Allen reported that the motion to withdraw the petition was made in order that the delegates from New York should not have it in their power to bring the matter to a final decision, at a time when the convention of the grants had no proper delegates in the house, the evidence not being at hand at that time.

He further reported that "he had many private conferences with sundry members of congress and other gentlemen of distinction

relating to the particular circumstances and situation of the New Hampshire Grants, who did severally and earnestly recommend that the inhabitants of said Grants exert themselves to their utmost abilities to repel by force the hostile invasions of the British fleets and armies against the colonies of America, and that said inhabitants do not by any way or means whatsoever connect or associate with the honorable Provincial congress of New York, or any authority derived from, by or under them, directly or indirectly; but that the said inhabitants do forthwith consult upon suitable measures to associate and unite the whole of the inhabitants of said Grants together."

The convention was in session two days and their proceedings appear to have been conducted with care and deliberation. The question in regard to their future political relations engrossed the principal attention of the members. A proposal to unite the district with New Hampshire was discussed, but met with little favor. A proposition to make application to the inhabitants of "the Grants" to form the whole "into a separate district," was adopted with but one dissenting vote, and a committee was appointed to treat with the inhabitants "on the east side of the range of the Green mountains relative to their association with this convention." A resolution was adopted earnestly recommending the several field officers already nominated in the district "to see that their men be forthwith furnished with suitable arms, ammunition and accoutrements, etc., agreeably to a resolve of the Continental congress.

On the second day of the session the subject of a written association to be subscribed by the members of the convention was considered. As a means of manifesting the sentiments of the people, and of strengthening the cause of the colonies, voluntary associations had been entered into by the members of public bodies in the several colonies, and recommended to be also subscribed by their constituents, by which they engaged to resist by force of arms the fleets and armies of Great Britain. In the month of March, 1776, the form of such an association had been adopted and recommended by the committee of safety of New York, to be subscribed

No record of the committees forming these regiments has been found, though it was doubtless under their direction that they had been organized. From the letter of Col. Warner to Gen. Gates, of the 20th of the following October, referred to in a previous page, it appears that there were three militia regiments on the west side of the Green mountain, of which James Mead of Rutland, Gideon Brownson of Sunderland and Moses Robinson of Bennington were the colonels. Am. Archives, vol. 2, p. 1146 and vol. 3, p. 623, 5th series.