to remain there until the City was taken; (an Event at that time which was generally thought would soon take place), and in case said goods were bought, and the City taken, said Arnold was to protect them, as he would have it in his power to do, being an Officer of Distinction in the army; upon which an agreement, to the purport aforesaid, was entered into by said parties, in consequence of which, I wrote four letters into New-York, to one of which only, I received an answer, by which I was informed, That no Goods could be had there upon credit; but was advised to send in money, which I never did, nor was there ever any sent in by said Arnold to my knowledge. I farther declare, That since the time of my sending the purpose of the letter I received from New-York, to said Arnold; and receiving his answer thereto, which was in the month of September or October, in the year of our Lord, One Thousand, Seven Hundred and Seventy Eight, I never have received any letter from him, nor have I had any message from him, or held any conversation with him, the said Arnold, on any account whatever, excepting once, when a very reputable Member of Congress, was present during the whole time of my being in company with said Arnold, which was not more than, (if so much as) one hour; since which, I have never seen him.

Common-Wealth of Massachusetts,

John R. Livingston.

County of Suffolk.

Boston, Novem'r 21st 1780.

John R. Livingston, Esquire, personally appeared, and made oath to the truth of the afore-written testimony, by him subscribed; and taken at his request.

Before Joseph Gardner, one of the Justices of the peace, in and for said County of Suffolk.

Cler Mount 10th Dec'r 1780. Dear Sir, I enclose you a Letter from my brother John; if you should think it proper to communicate the contents of it to the President of Congress, you will I dare say, do him the justice to accompany it with such an account of his attatchment to the cause of his country as will serve to defeat the malicious design with which it was communicated. This I trust his unequivocal conduct upon every occasion has left your Excellency no doubt about. I am, Dear Sir, your Excellency's Most Obt. Hum: Serv't

His Excellency, Gov'r Clinton.

R. R. Livingston.

[No. 3384.]

VERMONT'S UNEQUIVOCAL DEMAND.

That the New York Legislature Fully Relinquish the Claim for Jurisdiction Over the Grants.

State of Vermont, In Council, Arling Nov'r 22d, 1780.

Sir, Inclosed I transmit your Excellency a Copy of my Letter to Congress of the 25th of July last, and on a full Examination of the Controversy between the State of New York and this State, and duly considering the present peculiar Circumstances of both States, I am induced to make a positive Demand on the Legislature of the State over whom you preside, to give up and fully relinquish their Claim to Jurisdiction over this State. And also propose to them to join in a solid Union with this State for mutual Defence against the British Forces which invade the American States, particularly such Part as make Incursions on the Frontiers of the two States, from the Province of Quebec.

Such a Union for the reciprocal advantage of both govern

ments I am willing to ratify and confirm on the Part of this State.

Colonel Ira Allen who delivers this, waits your answer to these Proposals.

In Behalf of the Council and General Assembly, I have the Honor to be with great Esteem, your Excellency's very Obedient Humble Servant,

Thos. Chittenden.

His Excellency, George Clinton, Esquire; Governor &c. &c. of the State of New York, to be communicated to the Legislature thereof.

Sir, Your Excellency's Letter of the 10th ult. inclosing several acts of Congress of the 2d and 9th of the same month, I accidentally receiv'd the 6th Instant, have laid them before my Council and take their advice thereon, and now beg your Excellency's Indulgence while I treat on a Subject of such moment in its nature, and which so nearly concerns the Citizens of this State. 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 have to Liberty and Independance, as well as incompatible with the Principles on which Congress ground their own Right to Independance, and have a natural and direct Tendency to endanger the Liberties of America, which have hitherto been defended at great Expence both of Blood and Treasure.

Vermont's Right to Independance has been sufficiently argued, and the good Consequences resulting to the United States from its first assuming Government clearly vidicated in sundry Pamphlets, which have been officially laid before Congress.

I beg leave to refer your Excellency to "Vermont's Appeal &c. particularly from the 32d to the 42d Page, in which among other Things is contained, a particular answer to the Resolutions of the 24th of September, refered to in the Resolves of the 2d of June last, and a Denial of the authority of Congress over this State, so far as relates to their Existence as a free and Independent government.

I find notwithstanding by a Resolution of the 9th ult., that Congress have assigned the 2d Tuesday of Septem'r next to judge absolutely of the Independance of Vermont as a separate Jurisdiction. Can Congress suppose that this government are so void of Reason as not to discern, that the Resolves of the 2d and 9th of June aforesaid (so far as the authority of Congress may be supposed to extend to this State) are directly levelled against their Independency.

Vermont as beforementioned, being a free and Independant State, have denied the authority of Congress to judge of their Jurisdiction. Over the Head of all of this, it appears that Congress by their Resolutions of the 9th ulto. have determined that they have power to judge the Cause, which has already determined the Essence of the Dispute; for if Vermont does not belong to some one of the United States, Congress could have no such power without their Consent, so that consequently determining that they have such a power, has determined that Vermont, has no Right to Independency; or it is utterly incompatible with the Rights and prerogatives of an Independent State, to be under the Controul or arbitrement of any other Power.

Vermont have, therefore, no other alternative; they must either submit to the unwarrantable Decree of Congress, or continue their appeal to Heaven Et to arms. There may in future

be a Tryal at Congress, which of the United States shall possess this Territory, or how it shall be divided among them (but this does not concern Vermont) and it is altogether probable, that there have been proposals for dividing it between the States of N. Hampshire and New York, the same as the King of Prussia, the Empres of Russia, and the Empres of Hanover, divided Poland between those Powers, with this difference only, that the former are not in possession of Vermont. The Cloud that has hovered over Vermont since the ungenerous Claims of New Hampshire and Massachusetts-Bay, has been seen, and its motions carefully observed by this Government, who expected that Congress would have averted the Storm, but disappointed in this, and unjustly treated as the people (over whom I preside, on the most serious and candid Deliberation) conceive themselves to be in this affair, yet blessed by Heaven with constancy of Mind and some friends, as an honest, valiant, and brave People, are necessitated solemnly to declare to your Excellency, to Congress, and to the World, that as Life, Liberty, and the Rights of this People intrusted them by God are inseparable, they do not expect to be justified in the Eye of Heaven, or that Posterity would call them blessed if they should tamely surrender any Part. Without Doubt, Congress have (previous to this) been acquainted that this State hath maintained several Posts on its frontiers at its own Expence, which is well know to be the only Security to this Quarter of the frontier Inhabitants, of the State of Massachusetts Bay and New Hampshire, and it is highly probable that Albany, and such parts of the State of New York as lies to the northward of that, would before this Time have been ravaged by the Common Enemy, had it not been for the indefatigable Exertions of this State, and the Fears which the