PROCEEDINGS OF THE VERMONT LEGISLATURE.

VERMONT'S APPEAL.

ing remained for her, but to go onward did and impartial world,* in which they 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.

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;—

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 be lieve was commenced by neighboring states; that the liberties and privileges of the state of Vermont, by said resolu tions, are to be suspended upon the arbi trament 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 determination 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."t

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 of Vermont was not represented in Congress, and could not submit to resolutions passed without their 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 constituents 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 proportion of the burden and expense of the war with Great Britain from its commencement, whenever they were admitted into the union with the other states. But they were not so lost to all sense and honor, that, after four years of war with Great Britain, in which they had expended 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.'

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. fra H. Allen, of Irasburgh.

page 114.

AGENTS SENT TO CONGRESS.

REMONSTRANCE OF THE AGENTS.

and among other things, resolved "that] but not as the representatives of any the proceedings of the people on the New state, or of a people invested with legisHampshire grants, were highly unwar- lative authority. New Hampshire and rantable and subversive of the peace and New York now urged, and endeavored to welfare of the United States, and that prove, their respective claims to the disthey be strictly required to abstain from puted territory, and it soon became eviall acts of authority, civil or military, over dent to the agents that Congress did not those inhabitants who profess allegiance regard Vermont as a party in the controto other states." The subject was again versy, but that, in attempting to decide called up on the 9th of June, and the fur- the dispute between New Hampshire and ther consideration of it postponed to the New York, she was adjudicating upon second Tuesday of September following the very existence of Vermont without her consent.

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;—

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 Britain, and maintain an important frontier for the benefit of a country which treated them as slaves. Yet, notwithstanding the injustice done them, they were induced, by their attachment to the cause of liberty, once more to offer union with the United States, of which Congress were the legal representative body.Ӡ

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 conse. quences that may ensue."

On the 27th of September, Congress again resumed the subject of the controversy, and, having heard the evidence on the part of New Hampshire, resolved that the further consideration of the matter be postponed; and this was doubtless the wisest course of policy which Congress could pursue under existing circumstan ces. The contest with the mother counAll 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 September, Congress took up the subject of the controversy, and the agents from Vermont were permitted to be present,

For these proceedings sco Slade's State Papers, page 116. +For this communication see Slade's State Papers, page 118. Ibid. page 122.

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

CONVENTIONS IN NEW HAMPSHIRE.

SECTION V.

Union of Vermont with a part of New
Hampshire and a part of New York in

1781.

APPLICATION TO JOIN VERMONT.

sirous of being united with Vermont, in one separate independent government, upon such principles as should be mutually thought the most equitable and beneficial." This application, together with another of similar import from the inhabitants of several towns in the north-eastern part of New York, was referred to a committee of the whole, which reported on the 14th of February." In this report the committee, after recapitulating the history of the controversies with New Hampshire and New York, recommend that the legislature of Vermont should lay jurisdictional claim to all the lands situated east of Connecticut river, north of Massachu

The indefinite postponement of the decision of the controversy by Congress, as mentioned in the preceding section, was by no means agreeable to Vermont. She well knew the ground on which she stood, and although this postponement evinced that her claims to independence had made some impression on the mind of Congress, yet it forbade the hope of an immediate recognition of that independence, and her admission into the union. And, moreover, being irritated by the course pur-setts, west of Mason's line and south of sued by New Hampshire and New York, in substantiating their claims, and being wounded by the humiliating treatment which her agents had received from Congress, Vermont now resolved upon a course of policy, which would enable her to assume a more imposing attitude, and induce her opponents to yield to power what had been so long denied to the claims of justice.

latitude forty-five degrees," and also "to all the lands situated north of the north line of Massachusetts, and extending the same to Hudson river, the east of the deepest channel of said river to the head thereof; from thence east of a north line being extended to latitude 45°, and south of the same line including all the lands and waters to the place where this state now exercises jurisdiction; and that they do not exercise jurisdiction for the time being."

Since the dissolution of the union between Vermont and the sixteen towns from New Hampshire, a large number of the inhabitants in the western part of New Hampshire were still anxious to be annexed to Vermont. There were at the same time many who were desirous that New Hampshire should sustain her claim and exercise jurisdiction over the whole territory. To facilitate the accomplishment of the object last mentioned, a convention of delegates from the several towns in Cheshire county, N. H., had assembled at Walpole on the 15th of November, 1780, and had sent an invitation to the towns on both sides of Connecticut river to appoint delegates to meet in convention at Charlestown on the 3d Tuesday of January following. Accordingly, rep-jurisdiction. resentatives from forty-three towns as- The report being accepted and its resembled at Charlestown on the 16th of commendations adopted by the assembly, January, 1781; but, to the surprise and disappointment of those who had proposed the measure, a large majority of the convention were found to be opposed to the jurisdiction of New Hampshire and in favor of a union with Vermont.

In addition to various other reasons for the recommendation above mentioned, the committee say, that notwithstanding the brave exertions of this state in the battles of Bennington and Hubbardton, Congress has been induced through the influence of the state claiming jurisdiction over its territory, not only to withdraw her troops, but all her articles and stores "even to pick-axes and spades, at a time when the state was erecting a new line of forts on her frontiers," thus compelling her to rely upon her own strength and resources for defence against a powerful enemy, and rendering it justifiable to increase her ability by enlarging the extent of her

A committee was therefore appointed by the convention to confer with Vermont on the subject of the union. This committee, on the 10th day of February, informed the assembly of Vermont, then sitting at Windsor, that "the convention of the New Hampshire towns, was de

For proceedings of this convention, see Slade's State Papers, page 126.

a committee was appointed to confer with a committee of the convention of the New Hampshire towns, which was then sitting at Cornish, on the opposite side of the river, and after repeated communications between them, articles of union were finally agreed upon. By these articles it was stipulated that the constitution of Vermont should be adopted by the New Hampshire towns; that application should be made to Congress to be admitted as one of the United States; that full act of

*For this Report, see Slade's State Papers, p. 128. For a detailed account of these articles and proceedings see Slade's State Papers, pages 132-136.

UNION WITH PART OF NEW HAMPSHIRE.

oblivion be passed for all former offences against Vermont by persons denying her jurisdiction; and that the towns in Vermont, and also the New Hampshire towns, should be called upon to express their opinions of the proposed union; and if, at the adjourned session of the assembly, in April next, it should appear that two thirds of each were in favor of the measure, the union should then be consummated, and representatives should be admitted to the assembly from the New Hampshire towns. These articles, agreed upon by the committees, were confirmed by the assembly, which pledged the faith of the state that they should be held sacred.

UNION WITH PART OF NEW YORK.

the west. On the 11th of April, 1781, a committee was appointed by the general assembly to attend a convention of delegates from the towns in New York which desired a union with Vermont, and make the necessary arrangement for effecting it. This convention met at Cambridge, and on the 15th of May, the articles of union were agreed to by the committee from Vermont and the delegates from twelve districts in New York; and on the 16th of June following, they were confirmed by the legislature of Vermont, and representatives from those districts were admitted to seats in the general assembly.* By these bold and decisive measures, Vermont placed herself in an interesting The assembly of Vermont met again at attitude, and evinced to the world the Windsor agreeably to adjournment, on abilities and the peculiar genius of her the 4th of April, and the convention of statesmen. Than the measures which we the New Hampshire towns also re-assem- have just recorded, no course of policy bled at Cornish. On the 5th of April, a could be better calculated to enable her committee of the convention informed the to sustain her independence and thwart assembly that thirty-five towns on the the designs of her enemies. By the east side of Connecticut river had con- unions, thus formed, she had doubled the sented to the union, being all the towns extent of territory within her jurisdiction from which returns had been received; and added greatly to her numbers and reand that the way was now clear on their sources. She had quieted the disaffection part for the union to take place. On ex- of her people at home, and restored conamining the returns, which had been for-fidence to her friends abroad. She had warded from the towns in Vermont, it appeared that thirty-six were in favor and seven opposed to the union; whereupon a committee was appointed to inform the convention that a major part of the towns in Vermont had agreed to the union, and that the assembly would receive the members returned from the New Hampshire towns, on the morrow, at nine o'clock in the morning. Accordingly, on the next day, thirty-five representatives from towns on the east side of Connecticut river, took their seats in the General Assembly of Vermont.*

placed the territory in a condition to invite immigration from the neighboring states, and had laid the foundation for a large and powerful community. In short, she had placed herself in a condition to command the respect even of her enemies, and to draw from them concessions which justice alone had sought in vain. She therefore wisely determined, so to manage her own affairs, as to secure her own safety and independence, against the arms of the British on the north, and the wiles of her enemies in other quarters. The manner in which this was effected will be

On account of the unjustifiable meas-related in the following section. ures by which New York was endeavor. ing to embarrass and overturn the government of Vermont, and in consequence of repeated solicitations from several towns in New York, which bordered on

SECTION VI.

from 1780, to 1783.t

Vermont, to be taken into union with this Negotiations with the British in Canada state, the legislature of Vermont had, on the 14th of February, 1781, laid jurisdictional claim to all the lands west of her present territory, and east of Hudson river to the head thereof, and thence east of a north line extending to the 45th degree of north latitude; with the proviso, that this jurisdiction should not be exercised for the time being. But Vermont, having now completed her eastern union, once more turned her attention to that on

Slade's State Papers, p. 137.

From the commencement of hostilities at Lexington, no people in America had espoused the cause of liberty and of their country with greater alacrity, or sustained it with more spirit and resolution, than the people of Vermont. Yet, after all their efforts and sacrifices in the common cause, they had the mortification to find

*Slade's Vermont State Papers, p. 138-14i.

The fullest account of these negotiations is contained in Ira Allen's History of Vermont.

COL. ROBINSON'S LETTERS.

LETTERS FORWARDED TO CONGRESS.

promise that I will faithfully lay them before him according to your directions, and flatter myself I can do it with as good effect as any person whatever. I can make no proposals to you until I know your sentiments; but think, upon your taking an active part and embodying the inhab

themselves denied a just participation of] to the commander-in-chief; and I hereby the blessings which they had labored to secure. Their claims to independence were not acknowledged by Congress; the dismemberment of their territory and the annihilation of their sovereignty were threatened by the intrigues and the unjust claims of the neighboring states, and, to crown the whole, they were now aban-itants of Vermont, under the crown of doned by the power which ought to protect them, and left to contend single handed with the common enemy.

But notwithstanding their attachment to the cause of their country, the people of Vermont could not fail to perceive that every step which they took to support it, only rendered their own condition more hopeless. They could hardly wish to lend their aid for the purpose of bringing the struggle with a foreign enemy to a successful termination, when they perceived that, by such an event, they should be subjected to the domination of a more detestable enemy at home. In this state of things, Vermont wisely consulted her own safety; and by the negotiation with the enemy in Canada, in which she now engaged, she was so fortunate as to se

cure it.

The British generals in America had for some time entertained hopes of turning the disputes in relation to Vermont to their own account, by detaching that district from the American cause and making it a British province. But the first intimation of their views and wishes was communicated in a letter from Col. Beverly Robinson to Ethan Allen, dated New York, March 30th, 1780. In July, this letter was delivered to Allen in the street in Arlington, by a British soldier in the habit of an American farmer. Allen perused the letter, and then told the bearer that he should consider it, and that he might return.

England, you may obtain a separate gov ernment under the king.-If you should think proper to send a friend here with proposals to the general, he shall be protected and allowed to return whenever he pleases."

Allen immediately communicated the contents of this letter to Governor Chittenden and some confidential friends, who agreed in opinion, that no answer should be returned. Robinson, not receiving a reply to his letter and supposing it to have miscarried, wrote again to Allen on the 2d of February, 1781, enclosing his former letter. In his second letter, after saying he had received new assurances of the inclination of Vermont to join the king's cause, he said that he could then write with more authority; and assured Allen that he and the people of Vermont could obtain the most favorable terms, provided they would take a decisive and active part in favor of Great Britain. He requested an answer; and, that the way might be pointed out for continuing the correspondence; and desired to be informed in what manner the people of Vermont could be most serviceable to the British cause.

Allen returned no answer to either of these letters; but, on the 9th of March, 1781, inclosed them in a letter to Congress, informing them of all the circumstances, which had thus far attended the business. He then proceeded to justify the conduct of Vermont in asserting her right to independence, and expressed his determinate resolution to do every thing in his power to establish it. Conscious of his own integrity, and sensible that his activity and sufferings in the cause of his country were well known throughout America, he expressed himself in the following independent and decided language.

Colonel Robinson began his letter by expressing a wish that his proposals might be received with the same good intention with which they were made. He then proceeds :-"I have often been informed that you and most of the inhabitants of Vermont, are opposed to the wild and chimerical scheme of the Americans in attempting to separate from Great Britain and establish an independent government "I am confident," said he, "that Conof their own; and that you would wil- gress will not dispute my sincere attachlingly assist in uniting America to Great ment to the cause of my country, though Britain, and in restoring that happy con- I do not hesitate to say, I am fully groundstitution so wantonly and unadvisedly ed in opinion, that Vermont has an indudestroyed. If I have been rightly inform- bitable right to agree on terms of a cesed, and these should be your sentiments sation of hostilities with Great Britain, and inclination, I beg that you will com- provided the United States persist in remunicate to me without reserve, what-jecting her application for an union with ever proposals you would wish to make them. For Vermont would be, of all peo