p~

\V I

THE

NATURAL AND CIVIL
HISTORY

OF •■/ / ■ ' '

VERMONT.

BY SAMUEL WILLIAMS, LL. D.

Member of the Meteorological Society in Germany, of the

Philosophical Society in Philadelfhia, and of the

Academy of Arts and Sciences in Massachusetts.

IN TWO VOLUMES.

Volume IL

THE SECOND EDITION", CORRECTED AND
MUCH ENLARGED.

BURLINGTON, Vt.

PRINTED BY SAMUEL MILLS.
Sold at his Bookstore in Burlihgton, by Mills and WaiTE,

MlDDLEBURY, ISAIAH ThOMAS, Jur:. WORCESTER, Th0MA«

AND Andrews, Boston, Thomas Aiip WiUPPLjE and

S. Saw YEA AND Co. NEWBUKViEORTi . .'

1809,

May 1015

'y/?'*>vnRV^,x-

CONTENTS.

00©0©©©S

CHAPTER I.

Page
Civil Policy. From the year 1760 to
1775. Settlement of Vermont by the
English. Grants from New Hampshire.
Proceedings of New York. Violent op-
position of the settlers. American war.
Its commencement, importance and as-
pect. 9
CHAPTER II.
America?! War. Origin and progress of
the war in the year 1775. The colonies
in danger from Canada. Reduction of
Ticonderoga and Crown Point by colo-
nel Allen. Attempt of general Carleton
to engage the Canadians and Indians.
Invasion of Canada by general Montgo-
merj'. Allen taken prisoner. Surren-
der of the forts at Chambly and St. Johns.
Montreal taken. General Prescot and the
British vessels captured. Escape of
general Carleton. Colonel Arnold ap-
pears before Quebec. Montgomery
marches to that city. Attempt and de-
feat in storming Quebec. Arnold re-
tires and blockades the place. Reflec-
tions on the conduct and character of
general Montgomery. On the Ameri-
can character and campaign. 32
CHAPTER III.
American War. Progress and events of
the war in rlie year 1776. Carleton's

4 CONTENTS.

Page
humanity and prudence. Arnold con-
tinues the blockade of Quebec. Suffer-
ings and perseverance of the Americans.
~ Arrival of the British fleet and army at
Quebec, and retreat of the Americans.
Proceedings at the Cedars. Defeat of
the Americans at Trois Rivieres. Hu-
manity and magnanimity of gen. Cr.rle-
ton. Proceedings of the British. Re-
treat of the Americans from Canada un-
der general Sullivan. Measures of gen-
eral Gates to secure Ticondercga, and
build a fleet on the lake. Exertions of
the British to secure the command of
lake Champlain. Defeat and destruction
of the American fleet. Carleton lands
with his army at Crown Point. Re-
turns to Canada without attacking: Ti-
conderoga. Reflections on the event*;
of the campaign, on the American char-
acter and hrmness, and on the conduct
of sir Guy Carleton. 64

CHAPTER IV.
American War. Progress and events of
the war in the year 1777. General Bur-
g-oyne appointed to the command of the
troops in Canada. State of the army un-
der his command. Expedition to the
Mohawk river. Burgoyne's arrival and
speech to the Indians at Boquet river.
Invests the forts at Ticonderoga. E-
racuation of the works by St. Clair.
Battle of Hubbardton. Destruction of
the American works and vessels at

CONTENTS. - 5

Page
Skeensboroug-h. State of the American
army at fort Edward. Exertions of the
New England States to oppose Burgojne,
Victory of general Starks at Bennington.
Defeat of Herkimer at fort Stanwix. St,
Ledger abandons the siege. Cruelties
of the Indians, and murder of Miss M'-
Rea. Proceedings on lake George. Bur-
goyne passes Hudson's river. Battle of
September the nineteenth. Defeat of
the British army on October the seventh.
Retreat of Burgoyne. Distress and sur-
render of the royal army. Citizens of
Vermont return to their settlements, and
civil occupations. 94

CHAPTER V.
Civil Policy. From the year 1775 to ] 783,
Political state of the people. Conven-
tions to consult on the common safety.
Declaration of the Independence of Ver-
mont. Proceedings of New York. Re-
solves of Congress. Controversy with
New Hampshire. Claims of New Hamp-
shire, New York, and Massachusetts^
Appointment of commissioners, to con-
fer with the inhabitants. Interposition
of Congress. Conduct of Vermont.
Measures pursued by Congress. Fur-
ther claims of Vermont. Proceedings
and views of the British generals and
ministers. Resolutions of Congress.
Proceedings of Vermont, New York and
New Hampshire. Advice of general
Washington. Proceedings of Vermont*

6 CONTENTS.

Page
Votes ftf Conp^rcss- Remarks on the
design and effect of these votes. In-
dian depredations at Roj-alton. 161
CHAPTER VI.

Cwil Pulictj. From the year 1 78 3 to 1 79 1 .
Disturbances in Vermont. Resolutionsof
Congress. Remonstrancesagainstthepro-
ceedings of Congress. Peace with G.
Bri,tain. DisincHnation of Vermont to an
union with the confederated States. New
federal constitution. Proposals of New
York. Settlement of the controversy
with that State. Admission of Vermont
into the federal union. Political ctTccts
of these controversies. 243

CHAPTER VII.

Civil Policy. From the year 1791 to 1807-
Favorable prospect at the admi;^sion of
Vermont into the federal union. Manner
of transacting the annual business of the
State. Assembly complete a volume of
laws. Influence of French politics.
Washington's popularity and influence.
Governor Chittenden's resignation and
death. Election and measures of gov-
ernor Ti^henor. Policy and proceed-
ings of the legislature' at Vergennes, in
1798; at Windsor, in 1799; at Middle-
bury, in 1800 ; at Newbury, in ICOl ;
at Burlington, in 1802 ; at Westminster,
in 1803 ; at W'indsor and Rutland, in
1864 ; at Danville, in 1805 ; and at
Middleburv in 1806. ' 268

' CHAP PER VIII.

State of Society . The e mploy me nts of the

CONTENTS. 7

Fage
people : Agriculture, Manufactures,
"Hunting, Commerce,the profits of Labor. o52
CHAPTER IX.

State of Society. Customs and Manners :
Education, early Marriagts, Activity,
Equality, Economy, and Hospitality of
the people. 369

CHAPTER X.

State of Society. Religion : Importance
of this Principle, Danger of any Control
in it, Equality of all Denominations, Ef-
fect of this Equality, Grants and laws for
the Support of Religion, iLxtent of Reli-
gious Liberty, Connexion of Religion
with Science and Education. 389

CHAPTER XL

State of Society. Nature of the American
Government. Constitution of Vermont,
Laws, Counties, and Coiirts, Annual Ex-
pense of Gofvernment, Public Revenue,
Militia, Popularity of the Government. 391
CHAPTER XH.

State of Society. Population : Causes on
which this depends, the mean Period of
Human Life in the American States,
Period of doubling^ in Vermont, com-
parative View of Population in new and
old Countries. 416^

CHAPTER XIH

State of Society. Freedom : Destroyed
in some Countries by the State of Soci-
ety, produced by the Settlement of A-
merica, the Cause and Effect of the A-
merican War, cannot be preserved by
Government, depends on the state and
condition of the people. 426

8 CONTENTS.

APPENDIX. Page

Ko. I. Speech of the Oneyda tribe, one
of the six nations of confederate Indians,
sent to the New England provinces, June
19, 1775. 437

No. II. Speech of Heut. gen. Burgoyne
to the Indians in Congress, at the camp
on the river Boquet, June 21, 1777. 437

No. III. A proclamation by lieutenant
general Biirgoyne, July 4, 1777. 439

No. IV. Address to general Burgoyne. 441

No. V, Lord Chatham's Speech on the
Indian war and barbarity. 442

No. VI. A convention between lieutenant
gen. Burgoyne and major general Gates,
October 16, 1777. 445

No VII. Historical memoirs of colonel
Seth Warner. 445

No VIII. Proceedings of the convention
that declared the independence of Vermont. 450

No. IX. The declaration and petition of
the inhabitants of the New Hampshire
Grants to Congress, announci^ig the dis-
trict to be a free and independent state. 453

No. X. The remonstrance of the com-
missioners from Vermont, against the pro-
ceedings of Congress, Sept, 22, 1780. 455

No. XL Questions proposed by the com-
mittee of Congress to the agents on the
part of Vermont, ^vith the answers of
the agents, August 18, 1781. 457

No. XII. Tlie improvement which the man
of Europe has received in America. 458

No. XIII. Topographical Table of the
Towns and Counties in the State of
Vermont. 40 5

Additional Notes. 479

THE

NATURAL AND CIVIL

History of vermon^,

CHAPTER L

Civil Policy. From the year 1760 to 1775.
Settlement '*^f Vermont by the English. Grants
Jrom JVew Hampshire. Proceedings of New
York. Violent opposition of the Settlers,. A-*
merican War. Its commencement, importance
and aspect.

1761. THE larj^e and valuable tract o£
Qountry, which is now known by the name of
Vermont, was situated between the New Eng-
land provinces, New York, and Canada. Its
distance from the English settlements along the
sea coasts, and from the French on the river St.
Lawrence, prevented any settlements being made
in it, at an early period, by either nation : But
both of them, v/ere making constant advances
towards it. So early as the year 1615, the
Dutch had advanced one hundred and sixty
miles up Hudson's river, and built a fort at Al-
bany. In 1640, the French had extended far
up the river St. Lawrence, and began their set-
tlements at Montreal. In 1635, the English
began the town of Springfield, upon Connecti-
tut river ; and by 1670, had extended as far up
the river, as Deerfield. On September 3d,
VOL. u. A

16 NATURAL AND CIViL

1696, Colonel Fletcher, governor of New York,^
made a grant to Godfrey Delliiis, a clergyman
at Albany, of a tract of land on the east side of
Hudson's river : This tract extended from the
northernmost bounds of Saratoga, to the Rock
Rossian, (now called Split Rock, in the town-
ship of Willsborough) about seventy miles in
len;ijth, and in width, twelve miles from Hud-
son's river. In 1699, this grant was declared
by the government of New York to have been
extravagant, and vacated on that account.* In
1716, a tract of land was granteffby the general
court of Massachusetts, in the south east part of
the state, containing more than one hundred
thousand acres. But it M'as not until the
year 1724, that any settlement was made,
■within the bounds of Vermont : The govern-
ment of Massachusetts, then built fort Dummer,
upon Connecticut river. This fort, was then
admitted to be within Massachusetts, afterwards
it was found to be in New Hampshire, and is
now in Vermont. This was the first settlement,
any civilized nation had ever m*ade, in this state.
On the other side of the state, the French made
their advances up lake Champlain, and in 1731,
built their fort at Crown Point, and began a
settlement on the east side of the lake. This
part of America became of course, the seat of
war, and was constantly exposed to the depre-
dations of both nations, and their Indian allies ;
and it was dangerous and impracticable to settle
the country.

The wars havhig terminated in the reduction

* Laws of New York, Vol. I. p. 32. Edit. 1774.

HISTORY OF VERMONT. 11

of Canada, the frontiers of New York, Massa-
chusetts, and New Hampshire, were no longer
exposed to the inroads of the French, or to the
ravages and depredations of the Indians. The
prospect 'was that the unsettled parts of the
country would now aflford quiet and peaceable
abodes for a large body of farmers, who might
with ease and safety advance their fortunes, and
establish settlements and townships in every part
of the frontiers, On such accounts the unset-
tled lands of the country acquired a new value,
and were every where explored and sought after,
by speculators and adventurers.

Among these lands none appeared more in-
viting, than the tract of country which was situ-
ated between lake Champlain and Connecticut
river. The soil was rich and fertile, favorable
in many places to the production of grain, and
in all to grazing and the raising of cattle. It
was plentifully watered by streams and rivers,
and abounded with necessary and useful timber.
In such a soil and situation, the labor and hard-
ships of a few years could scarcely fail of pro-
ducing rich and valuable farms ; with all the
ease and independence^ that is naturally annexed
to industry in the rural economy and life.

En c OUR A GEO by such prospects, many per-
sons were disposed to attempt their fortunes,
by settling or speculating in those lands ; and
as they were generally supposed to fall within
the limits of New Hampshire, the applications
were made to that government for the purchase^
and for a title to the proposed new townships.
The governor of New Hampshire wished to en-
tourage these applications ; and when a sufficieat

\^

NATURAL AND CIVIL

number of purchasers appeared to advance the
purchase money, and pay the customary fees
and donations, he was always ready to make the
grants^ and issue the charters. Nor could the
purchasers be apprehensive that any controver-
sies could arise respecting the validity of grants
and charters, purporting to be made by the king
of Great Britain, under the signature and seal
of the governor of New Hampshire ; as this was
one of the royal provinces, and the lands were
fairly purchased and paid for. They had fur-
ther reasons for such expectations, for a royal
decision had been made, which was understood
to have decisively assigned these lands to that
province. '

The provinces of Massachusetts and New
Hampshire, had a long and tedious controversy,
respecting their divisional line. This was not
settled until March 5, 1740 ; when George thef
second, determined, " that the northern boun-
dary of the ])rovince of Massachusetts be, a
similar curve line, pursuing the course of Mer-
rimack river, at three miles distance, on the
north side thereof, beginning at tlie Atlantic
ocean, and ending at a point due north of Pa-
tucket falls ; and a straight line drawn from
thence, due west, until it meets with his Majes-
ty's other governments." This line was run in
1741, and has ever since been admitted as the
boundary line, between Massuchusftts and New
Hampshire. By this decision, and the estab-
lishment of this line, the government of New
Hampshire concluded, that their jurisdiction ex-
tended as far west, as Massachusetts had claim-
ed .and exercised ; that is, v.ithin twenty miles

HISTORY OF VERMONT. ^

of Hudson's river. The king of Great Britain,
had repeatedly recommended to the assembly of
New Hampshire, to make provision for the sup-
port of fort Dummer ; as a fortress, which had
now fallen within their jurisdiction, and was
known to stand on the west side of Connecticut
river. From these circumstances, it was not
doubted either in Britain, or in America, but
that the jurisdiction of New Hampshire extend-
ed to the west of Connecticut river ; but how
far to the west, hud never been examined, or
called into question. Benning Wentworth, was
at that time governor of New Hampshire. In
1749, he made a grant of a township, six miles
square. It was situated twenty miles east of
Hudson's river, and six miles north of Massa-
chusetts line. In allusion to his own name, he
gave to this township, the name of Bennington.
For the space of four or live years, he made several
other grants, on the west side of Connecticut
river. In 1754, hostilities commenced between
the English and the French in America, which
put a stop to the applications and grants, and
issued in a war between the two crowns. In
1760, the operations of the war, in this part of
America, were terminated, by the surrender of
Montreal, and the entire conquest of Canada.
During the progress of the war, the New Eng-
land troops cut a road from Charlestown in New
Hampshire, to Crown point, and were frequent-
ly passing through these lands ; and their fer-
tility and value became generally known. Upon
the cessation of hostilities, they were eagerly
sought after, by adventurers and speculatorso
By the advice of his council, the governor of

14 NATURAL AND CIVIL

New Hampshire directed a survey to be made
oi Connecticut river, for sixty miles j and three
lines of townships, to be laid out, on each side.
The application for lands constantly increased,
and new surveys were made. So rapid was the
progress, that during the year 1761, not less
than sixty townships, of six miles square were
granted on the west of Connecticut river. The
whole number of grants, in one or two yearsi
more, amounted to one hundred and thirty eight;
and their extent, was from Connecticut river, to
what^was esteem.ed twenty miles east of Hud-
son's river, so far as that extended to the nortlv
ward ; and after that as far west as the eastern
shore of Lake Champlain. The cultivation of
the country, and the number of the settlers, in-
creased with a surprlshig rapidity ; and Went-
wojth had an opportunity to accumulate a large
fortune, by the fees and donations which atten-
ded the business, and b}^ a reserve of five hun-
dred acres, which he made in every township
for himself.

The government of New York, wishing to
have- the profits, and intending to have the dis-
posal of the lands, was alarmed at these pro-
ceedings. Charles the second, in 1664, and
1674, mode an extraordinary grant to his broth-
er, the duke of York ; containing among other
parts of America, " all the lands from the west
side of Connecticut river, ta the east side of
Delaware bay." This grant was inconsistent
with the charters, which had before been grant-
ed to Massachusetts, and Connecticut; and
Beiiher of them, admitted it to have any effect,
■^kh regard to the lands which they had settled ,

HISTORY OF VERMONT. IS

^r claimed to the west of Connecticut river :
■And there were no principles, which apply to
human affairs, by which this grant would bear
a strict examination. If it be examined geo-
graphically, the bounds of it were contradictory,
indefinite, and impossible. If it be subjected
to a legal construction, the whole of it, upon
James' accession to the throne, merged in the
crown ; and at his abdication, passed to William
his successor. If it be considered as an instru-
ment of government, it did not establish any
Colony or province of New York, or any power
to govern any such province. Upon this inade-
quate and blundering transaction of Charles the
second. New York founded her claim and hope,
of obtaining the lands, v hich New Hampshire
was granting. To check the proceedings of
New Hampshire, and to intimidate the settlers,
Mr. Colden, lieutenant governor of New York,
issued a proclamation,* reciting the grants to
the duke of York, asserting their validity, claim-
ing the jurisdiction as far east as Connecticut
river, and commanding the sheriff of the county
of Albany, to make a return of the names of all
persons, who under the color of the New Hamp-
shire grants, had taken possession of any lands^
to the west of the river. To prevent the effects
that might arise li^om this proclamation, the
governor of New Hampshire put forth another
proclamation, t declaring the grant to the duke
of York to be obsolete, that New Hampshire
extended as far to the west, as Massachusetts
and Connecticut, that the grants made by New

* 1763. Dec. 28.
■f 1764. March 13.

16 NATURAL AND CIVIL

Hampshire would be confirmed, if the jurisdic-
tion should be altered; the settlers were exhorted,
not to be intimidated, but to be industrious an<j[
diligent in cultivating their lands ; and the civil
officers were required, to exercise jurisdiction as
far westward, as grants had been made, and to
punish all disturbers of the peace. This proc-
lamation served to quiet the minds of the set-
tlers : And after such assurances from a royal
governor, they had no idea that a contest be-
tween two provinces, respecting the extent of
their jurisdiction, would ever affect the property
of such individuals, as had fairly purchased their
lands, under a charter from a royal government.
Nev/ York had as yet founded her claim to
the lands, upon the g<-ant to the duke of York ;
but that sagacious government did not choose
to rely upon so precarious a ground. Applica-
tions were made to the crown representing that
it would be greatly for the convenience and ad-
vantage of the people, who were settled west of
Connecticut river, to be annexed to New York ;
that the course of business must always lie that
■\vay, and that the people were desirous to be
included in that government.* The result of
these applications, w^as a decision in favor of
New York : On July 20th, 1764, his majesty
ordered and declared, " the western banks of
the river Connecticut, from where it enters the
province of the Massachusetts bay, as far north
as the forty fifth degree of northern latitude, to
ke the boundary line, between the said two

* The inhabitants complained that a petition was presented to the kin»,
signed with their names, but unknown to them. In their firft petition to
Congress, Jan. 7, 1776, they give this account of the petition, " We hace
often heardj and venly believe [it wasj in your petitioners' name*."

HISTORY OF VERMONT. 17

provinces of New Hampshire and New York."
This determination of the king, did not appear
to be founded on any former grant to the duke
of York ; but was a decision, de ?iovo ; as the
occasion, and convenience of the people, were
supposed to require.

In this decision of the boundary line, there
was nothing alarming to the people who had
settled on the new lands. They had no idea of
disputing the jurisdiction, or opposing the gov-
ernment of New York. They concluded the
title to their lands, would not be in any way af-
fected, by the decision, but rather confirmed :
And that the determination was expressed ia
language fto be J designed to relate to i}\Q future,
and not to any past transactions, or time. Had
the government of New York assigned the same
construction to the royal decision, no controver-
sy would ever have arisen ; the settlers would
have remained quiet and easy, under their ju-
risdiction. But a very different construction
was put upon the royal determination, in New
York. The government of that province con-
strued it, as a declaration not only of what was
to be, for the time to come, but of what was,
and always had been^ the eastern limit of New
York : And of consequence, that the grants
which had been made by the governor of New
Hampshire, were grants of what had always be-
longed to New York.

In conformity to this explanation, the grants
from New Hampshire, were considered by the
gov^ernment of New Y©rk, as illegal, and of no
authority. The new district was divided into
four counties : The south western parts, were

VOL. II. B

U NATURAL AND ClVlL

annexed to the county of Albany ; the north-
west, were formed into a county by the name
of Chiirlotte. On the east side of the green
ftiountains, two counties were formed ; Cum-
berland to the south ; and Gloucester, to the
north J and in these, courts were regularly held.
The settlers were required to surrender the
charters, which they had received fnom New
Hanij)sliire, and to take out new grants from
Ne^v York, which v/ere attended with great fees,
and expense. Some of the towns complied with-
this requisition, and boiiglit their lands the se-
cond time, but the greater part refused it : And
where it was not complied with, on the part of
the grantees, new grants were made of their
lands, to such petitioners, as would advance the
fees which were demanded. Actions of eject-
ment were commenced in the courts at Albany,
against several of the ancient settlers ; and the
decisions of the courts, were always in favor of
the New York proceedings, and against all titles
and grants, derived from the governor of New
Hampshire. The case of the settlers did not
admit of any relief, from the customary forms
of law ; but only from the equity, the wisdom,
and the moderation, of a provincial government :
But moderation, and tenderness of the rights of
individuals, unable to defend their claims, was
not to be expected from adventurers, and spec-
ulators, who had an opportunity to acquire what
lands they pleased, under the customary forms
of law, and governmerit. The governor, and
seme of the leading men in New York, availed
themselves of this state of things ; and derived
much more enormous profits, by making a

HISTORY OF VERMONT. 19

second grant of the lands, than the governor of
New Hampshire had acquired, by making the
first.*'

AUhough it proved an easy thing for the
claimants under New York, to recover judg-
ment against the settlers, it was not found so
easy a matter, to carry those judgments into
execution. When the executive officers came
to eject the inhabitants, from their houses and
lands, they generally met with an avowed op-
position, from tlie possessors ; and were not
suffered, to proceed to the execution of their
offices. The minds of the settlers', instead of
being depressed into submission, seemed to de-.
rive new powers, from oppression : And the
people soon began to associate, to defend one
another, in their opposition to the courts, and
officers of New York.

When it was found, that there was an avow-
ed opposition and combination, against the pro-
ceedings of the courts at AlL.jiy, an attempt
was made by the government of New^ York, to
engage the militia to assist and support the sher=
iiT. The people who were thus forced to march,
in support of the sheriff, had no affection for
the business : They were rather in sentiment,,
with the settlers ; . and had no disposition to
hazard then- lives, in support of a quarrel, w^hich
they plainij^ saw, was designed only for the c-
molument of a few speculators ; whose claims
and conduct, did not appear to them, to be so

* The fecf. to the governor of New Hampshire, for granting a town-
ship, were about one hundred dollars; under the government ot Nevv
York, they generally amounted to two thousanu or two thousand six,
hundred dollars.

20 NATURAL AND CIVIL

justifiable as those of the people, against whoin,
they were compelled to take up arms. The
sheriff soon found that very little dependence
could be placed on the posse, which attended
him : Upon the appearance of an armed oppo-
sition from the settlers, the New York miiitia
could not be kept together, apd the sheriff found
his power, was no more availing, when he W'as
attended witli the posse comitatus, than wheii,
he was without them.

This circumstance afforded much cucourage-
iiient to the inhabitants, and thev beean to be-
lieve, they should find that support from the
g-f-nerai stntimtnts of the people in the adjacent
states, which they couid not find from law=
Their opposition became more general and dar-
ing ; and some of the officers of New York be-
came sufferers, for ujt^mpting to carry' into ex-
ecution the judgments of their courts. In this
course, the diificulties and dangers were con-
stantly increasing, until several on both sides
were much ybnsed and wounded ; and no of-
ficer from Nc wyork, dared to attempt to dispos-
s-^ss ?^ny of the settlers, of their farms. The
.': ejectment, hov/ever, still went on, in
irts at Albaviy ; but no attention was

vi to them, nor was any defence made by the
;:.ci;iers ; but they were never suffered to be
c: : ricd into execution: And v/hen ail other
iricthods h-id failed, the most acti\'e of the lea-
ders, were indicted as rioters.

I'lie main body of the settlers at that time,
ccnsisfed of a brave, hardy, intrepid, but uncul-
tivated set of men. Without many of the ad-
yantages of education, without any other prop-

HISTORY OF VERMONT. 2X

N

©rty than what hard labor and hard living had
procured, destitute of the conveniences and el=
egances of life, and having nothing to soften
or refine their manners ; roughness, excess,
and violence, would naturally mark their pro-
ceedings. To deny such people justice, was to
prejudice and arm them against it, to confirm
all their suspicions and prejudices against their
rulers, and to give them an excuse and plea to
proceed to outrage and violence. When the
government of New York, gave to their pro-
ceedings, the names of mobs and riots, abuse
and outrage to their officers, it is probable the
expressions conveyed pretty just ideas, of the
appearance of their conduct, and opposition to^
the laws. But when they called their opposi-
tion, felony, treason, and rebellion against law-
ful authority, the people of the adjacent pro-
vinces, seem to huve believed, that the govern-
ment of New York was much more blaiijable,
in making and executing such lavvs, as called
their titles to their lands in question, than the
settlers were, in acting in open and avowed op-
position to them.

In this scene of violence, and opposition ta
the proceedings of New- York, Ethan Allen
placed himself at the head of the opposition.
Bold, enterprising, ambitious, with great con-
fidence in his own abilities, he undertook to
direct the proceedings of the inhabitants. He
wrote and dispersed several pamphlets to dis-
play the injustice, and designs, of the New
York proceedings : And so oppressive were
those measures, that although Allen was a very,
indiiferent writer, his pamphlets were much^

S2 NATURAL AND CIVIL

read, and regarded ; and Iiad a great influence
upon the minds, and conduct of the people.
The uncultivated rougliness of his own temper
and manners, seems to have assisted him, in
giving a just description of the views and pro-
ceedings of speculating Irnd jobbers : And
where all was a scene of violence and abuse,
such a method of writing, did not greatly differ
from the feclins^s of the settlers, or from the
style of the ]7am]-)hlcts that came from New
York. But though he wrote with asperity, a
degree of generosity attended his conduct ; and
he carefully avoided bloodshed, and protested
against every thing that had the appearance of.
ineanncss, injustice, cruelty, or abuse, to those
wlio fell into his }:)Ower. Next to him, Seth
Warner seems to hia\e been the most distin-
guished, in those times. X'^^irner was cool,
iirm, steady, resolute, and fully determined tliat
the laws of New York respecting the settlers^
uever should be carried into execution. When
an officer came to take him as a rioter, he con-
sidered it as an affair of open hostility ; defen-
ded himself, attacked, wounded, und disarmed
the officer ; but with the spirit of a soldier,
spared his life.

So notorious and alarming had this contro-
versy become, that the settlers sent three of
their most active members, as agents to Great
Britain, to represent their situation, and implore
the protection of the crown.* An enquiry was
made into the nature arid ground of thicir com-
. plaint ; and the event proved iV^'orablc to their

* Messrs. Samud Robinfyn, James Brakejiridge, and Mr. '— — ; —
Haw Icy.

HISTORY OF VERMONT. 23

wishes. Ill 1767, the king interposed to stop
the proceedings of the governor of New York-
Having recited a report from the lords of the
trade and plantation affairs, he .gave this royal
order to the governor :f " His Majesty doth
hereby strictly charge, require, and command,
that the governor or commander 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 make any grant what-
soever of any part of the lands described in the
said report, until his Majesty's further pleasure
, shall be known concerning the same." rhe set-
tlers were much encouraged by this royal man-
date, and concluded it was designed, and would
be effectual, to prevent any further proceedings
in rcgranting the lands. But they were soon
full of complaints, that no regard was paid
to it, that the business was pursued with the
same avidity as before, and that the governors
of New York, while they were calHng upon
them to obey the royal orders and decisions,
paid no regard to those orders themselves. It
seems in fact to have been the case, that the
business of making new grants of the lands, was
too lucrative a job, to be easily or soon given
np ; especially, when the crown could neither
fully comprehend, regulate, or controul it.

In 1772, Mr. Tryon, governor of New York,
made an attempt to conciliate the minds of the
inhabitants, to that government. With this
view* he wrote to the Rev. Mr. Dewey, and
the inhabitants of Bennington, and the adjacent

•^July 24.
■■ May 19.

24 NATURAL AND CIVIL

country, inviting them to h\y before him the
causes of their illegal proceedings ; assuring
them, that both he and the council were dis-
posed to afford them such relief,^as the situation:
and circumstances of the people would justify ;
and engaging full security and protection, to
<myj3ersons they might choose to send to New
York on the business, except Allen, Warner,
and three others. Letters were written on this
occasion to governor Tryon by the inhabitants,,
and by the excepted persons, in explanation of
their conduct and jM'inciples ; and Capt. Stephen
Fay, and Mr. Jonas Fay, were chosen to wait
upon the governor at New York, to negotiate
the business. Upon their return, they reported
that the governor received them with expres-
sions of kindjiess, and laid the state of their
grievances before the council ; who made re-
port, thcit they were desirous that his excellency
should afford the inhabitants of those townships,
all the relief in his power, by suspending until
his jVIajesty's pleasure should be known, all
prosecutions in behalf of the crown, on account
of crimes with which they stood charged ; and
should recommend it to the owners of the con-
tested lands, under grants from New York to
put a stop, during the same period, to all civil
suits concerning those lands. -■^'^ But no meas-
ures or attempts of this kind, could avail, or be
attended with any permanently good effects,'
while the original cause of contention remained.
The whole property of the settlers, was the mat-'
ter in contest. Their attempts to preserve this,
appeared to them, not only justifiable, but-

•^ Allan's Narrative, p. 4q— 68.

^

HISTORY OF VERMONT. 25

necessary, and highly meritorious ; as being de-
signed to preserve all, that man in any case,
ever could have to defend. To the government
of New York, their conduct appeared in a very
different light, as acts of treason, and rebellion,
perpetrated by lawless and violent men, in open
and avowed opposition to the laws of their king
and country.

• While these different views of the contro-
versy remained, the measures of both sides, in-
stead of operating to remove the causes of con-
test, tended to increase the animosity, and to
bring on a state of more open hostility. So
high had the spirit of opposition and resentment
arisen, in the course of these proceedings, that
in 1774,1 the government of New York passed
an act, the most minatory and despotic, of any
thing which had ever appeared, in the British
colonies. Among other extraordinary exertions
of vindictive power, it contained this singular
clause : " And in case the said offenders, shall
not respectively surrender themselves pursuant
to such orders of his excellency the governor,
or of the governor and commander in chief for
the time being, to be made in council as afore-
said ; he or they so neglecting or refusing to
surrender himself, or themselves as aforesaid,
[i. e. within the space of seventy days next after
the first publication of the order] shall, from the
day to be appointed for his or their surrendery
as aforesaid, be adjudged, deemed, and (if in-
dicted for a capital offence hereafter to be per-
petrated) to be convicted and attainted of felony,

+ March 9. Allen's Narrative, p, 2i— .36.
VOL. II. C

,26 NATURAL AND CIVIL

and shall suffer death, as in cases of persons
convicted and attainted of felony by verdict and
judgment, without benefit of clergy ; and diat
it shall and may be lawful to, and for the su-
preme court of judicature of this colony, or the
courts of oyer and terminer, or general gaol de-
livery, for the respective counties aforesaid^
to award execution against such offender or of-
fenders, so indicted for a capital offence, perpe-
trated after the passing of this act, in such man-
ner as if he or they had been convicted or at-
tainted in the supreme courts of judicature, or
before such courts of oyer and terminer, or gen-
eral gaol delivery respectively.'^ All crimes
committed on the grants, were by this act sub-
ject to be tried in the county, and by the courts
at Albany. At the same time, a proclamation
was issued by the governor of New York, offer-
ing a reward of fift}- pounds a head, for appre-
hending and securing Ethan Allen, Seih War-
ner, and six others, of the most obnoxious of
the settlers.

With this act, all prospect of peace, or sub-
mission to the government of New York, ended.
At a general meeting of the committees for the
townships, on the west side of the green moun-
tains, it was resolved :* '* That for the future-
ever}- necessary preparation be made, and that
our inhabitants hold themselves in readiness, at
a minutes warning, to aid and defend such-
friends of ours, who, for their merit to the great
and general cause, are falsely denominated riot-
ers ; but that we will not act any thing, mor*

*' Ajsil 14, 1774. Page ji.

HISTORY (^ VERMONT. 27

GT less, but on the defensive, and always en-
courage due execution of law, -in civil cases^
and also in criminal Drosecutions, that are so in-
deed ; and that we will assist, to the utmost of
our power, the oficers appointed for that pur-
pose." The proscribed per5^>ns carritd the
matter still further, and in an address to the peo-
ple of the county of Albany, and others who
were situated conti5:iiou5 to the New Hampshire
grants, made this public declaration :* " We
will kill and destroy any person or persons
whomsoever, that shall presume to be accessary,
aiding or assisting iu taking any of us.'"

To avoid the government of New York, a
plan was contrived about this time, by some of
the inhabitants and Philip Skeen, to have the
New Hampshire grants formed into a royal go-
vernment, as a new province. Skeen. 'w:is a
colonel in one of the kinD;'s regiments, and had
large possessions on lake Champlain. To eiiect
his designs, he went to the court of Great Brit-
ain, and seems to have met with some success.
On March 16th, 1775, he wrote to one of the
agents, that he was appointed to the go%'emment
of Crown Point, and Ticonderoga ; and should
soon call upon all the Hampshire inhabitants, for
an address, to shew their loyalty to the king ;
and he had no doubt, but they would shew
themselves to be as loyal subjects, as he had
represented them.t

Ax event took place in the spring of the year
1775, which sen-ed still further to exasperate all
parlies. In. consequence of the proceedings of

• -April 1 5. Ps^e 45.

-f .Skua's letter to Csr:. rU^lfj, da^d LcEd;r, %^zh 16, 1'-J.

28 NATURAL AND CIVIL

the British court, the American colonies had
met in Corigress, Sept. 5, 1774 ; and the Con-
gress had advised the people to maintain their
liberties, in such ways as should be found ne-'
cessary. Th? courts of justice, which were held
under the royal authority, in all the adjacent
provinces, were either shut up, or adjourned
without doing any business. The court in
Cumberland county, was to have been holdcn
at Westminster, on March 13th, 1775. Some
of the inhabitants of that, and the adjacent towns,
took possessiou of the court house at an early
hour, to prevent the officers of the court from
entering. Being refused admittance at the cus-
tomary time of opening the court, the judges
returned to their quarters : About eleven o'clock
at night, the sheriff with the other officers of the
court, attended by an armed force, repaired to
the court house. Being refused admittance,
some of the party fired into the house, killed one
man, and wounded, several. The ])eople were
inflamed to the highest degree, by this rash pro-
ceeding. The next day they assembled in large
numbers, from all quarters : A coroner attended,
and a jur}^ of inquest brought in a verdict, that
the man was murdered by tlic court party. Some
of the officers were made prisoners, and carried
to the gaol iit Northampton, in Massachusetts.:
But upoi,i their application to the chief Justice
of New York, they \Acre released from their
confine ment^ and returned home.* Highl}- ir-
ritated bv this event, the committees of a larec
body of the people laet at Westminster, April

* Narrative of the Mafiacre at Westminfler Court House, by Rf ben
Jones. • ■ .

HISTORY OF VERMONT. 29

11th, 1775 : Among other measures, they came
to the following resolve : " That it is the duty
Gf the inhabitan^ts, wholly to renounce and resist
the administration of the government of New
York, until such time as the lives and property
of the inhabitants may be secured by it : Or
until such time, aS they can have opportunity to
lay their grievances before his most gracious
Majesty in council, together with a proper re-
monstrance 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 bf'st for the inhabitants."*

Both parties were in this state of resentment
and exasperation, when the American war broke
out at Lexington, April 19th, 1775. By pre-
senting new scenes, and greater objects, this e-
vent seems to have prevented either party from
proceeding to hostilities ; and turned their at-
tention from their particular contest, to the gen-
eral cause of America. The attention of all
orders of men was in^mediately engaged, local
and provincial contests w^re at once swallowed
up, by the novelty, the grandeur, and the im-
portance of the contest that then opened between
Britain and America.

War, which the people of the colonies sup-
posed would have ceased, and never had any
further origin or progress among them, had
broke out in a new form, and with a most aw-
ful appearance. In their former calamities, war
had always borne the appearance of a contest be-

"' * Proccf dings of the committees met at Westminster, A pri] li, IJI'S.

30 NATURAL AND CIVIL

tvveen the crowns of England and France ; anci
was consistent with the acknowledged duties of
allegiance, civil and moral law. Now it was
clothed in all the political horrors, that could be.
put upon slaughter and destruction. On the
part of" Great Britain, the Americans said it was
a long concerted plan of systematic oppression
and tyranny, in a British king and parliament.
On the part of the Americans, the British min-
ister and king declared it was a most insolent
scneme of unprovoked treason and rebellion,
which must be crushed and punished.

In this state of irritation and mutual accusa-
tion, the sword was drawn, and from all the max-
ims and measures of monarchy, the Americans
knew it ^vas necessary for thein to throw away
the scabbardo Their business now was not to
contend about boundaries, tides, gTants, or the
decisions of the Bf-itish courts or parliaments j
but to prepare for a contest, the event of v/hich.
would determine not barely an abstract question
^bout sovereignty, but €vcry thing that con-
cerned their rights, properties, aiid lives. And
this contest, new and un^xpected^f a duration
and issue totally unknown and incalculable, was
to be carried on b}' a people divided into several
provinces, disunited in their interests, manners^
forms of religion and government, without u
ship, without a magazine, and wiLliout a regi-
ment ; against one of the most wealthy, power-
ful, and warlike nations of Eiarope : A nation
whom the Americans loved and revered, with
whom they had been connected by the ties of
blood, religion, affection, language, coromercCj,
interest, and all the considerations which ever

HISTORY OF VERMONT. 31

ean bind one nation to another. Every other
object seemed to disappear, and the new and
fearful scene of war with Britain became the
object of universal attention and exertion. Cool
calculations on the most probable issue and ef-
fect, would have carried the feelings of death
into the hearts and proceedings of the Ameri-
cans ; but necessity and the genius of libertys,-
tirged and drove them on.

*

5^ NATURAL AND CIVIL

CHAPTER XL

American War. Origin and progress of the
war in the year 1775. The colonies in danger
from Canada. Reduction of Ticonderoga and
Crown Pointy by colonel Allen. Attempt of
general Carleton to engage the Canadians and
Indians. Invasion of Canada by general Mont-'
gomery. Allen taken prisoner. Surrender of
the forts at Chanibly and St, Johns. Mo?2-
treal taken. General Prescot and the British
vessels captured. Escape of general Carleton,
Colonel Arnold appears before Qiiebec. Mont-
gomery marcJies to that city. Attempt and
defeat in storming Quebec. Arnold retires
and blockades the place. Refections on the
conduct and character of general Montgomery,
On ArnokVs expedition. On the American
character and campaign.

. 1775. THE disseutions '^A'hich had ta-
ken place between Great Britain and her colo-
nies, commenced soon after the peace of 1763,
Thev orio'inated in the claims and acts of the
British parliament and king to tax the colonies,
and to make laws to bind them in all cases
whatsoever. No greater power ever could b(j
claimed by the most absolute despotism. If the
claim, in its own nature, Vv^as unreasonable and
cdious, the exercise of it could not but occasion
suspicion, jealousy, and opposition. The con-
tentions, which the British ministry introduced
in this way, had for ten years been gathering
strength and maturity, from various circum-

HISTORY OF VERMONT. 33

stances of aggression and violence ; till they ar-
rived to a ckgree, in which all confidence be-
tween the two countries was nearly lost. Nei-
ther party intended to recede, but they did not
seem to believe that their differences would
produce a civil war ; but were flattering them-
selves that ways and means would be found to
bring their opponents to submission. The
events of April the 19th, 1775, put an end to
these hopes and expectations ; and spread terror
and consternation through the whole American
continent. The American colonies at that time
neither contemplated nor desired an indepen-
dence, upon what was then called the mother
country ; but it was easy to see that war, and
not reconciliation, was to be the business of that
year ; and that matters had already gone so far
that there could be no safety for the colonies,,
but by making a vigorous and effectual defence
against the attacks and arms of Great Britain.

The year before, the British parliament had
passed a bill " for making more effectual pro-
vision for the government of the province of
Quebec in North America." The objects of
this bill were to extend the limits of that pro-
vince far beyond those which had been assigned
to it, by the king's proclamation in 1763. A,
legislative council was formed, which was to
have the whole direction of the affairs of the
province, taxation only excepted. The council
was to be appointed by the crown, the members
removable at pleasure, and the Canadian Roman
Catholics to have a place in it. The French
laws were to be established, and a trial without
a jury in civil causes ; but after the English
vol. II. D

34 NATURAL AND CiViL

manner, by jnry-i in criminal ones. To the
Roman Catholic clergy, regulars excepted, the
peaceable enjoyment of their own estates, and
of tythes from those of their own persuasion,
were secured.* The complexion and spirit of
this bill was so different from the laws and
genius of the British, or of any free government,
that it was not in the power of the Americans
to doubt but that it was designed to enable the
kind's governor in Canada to avail himself of
the influence of the French noblesse and priests,
to engage the whole body of the Roman Catho-
lics in Canada, to assist in subjugating the Eng-
lish provinces. As soon therefore as hostilities
broke out, it became an object of the highest
importance to the colonies to guard against any
such attempts from the governor of Canada.

The only effectual method by which this
could be done, v/as to secure the forts at Tycon-
deroga and Crown Point. It was yet fresh in
the memory of the people, what they had suf-
fered when these posts were in the hands of the
French ; the prospect now was that it would be
equally fatal to their peace and safety, and more
dangerous to their liberty to have them remain
in the hands of the British. The necessity of
their being secured was so apparent, that it en-
gaged the attention of several adventurers in
Connecticut and Massachusetts, without acting
in concert, or having any previous knowledge
of the designs of each other. The first steps
seem to have been taken by some gentlemen in
Connecticut ; and Messrs. Deane, Wooster;^

• Siiiollet's Hist. England, Vol. 5, p. ijro.

HISTORY OF VERMONT. 5$

Parsons, and others engaged in the affair. The
success depended on the secresy with which the
affair could be managed. I'heir first object was
to^obtain a sum of money to bear the necessary
expences. They procured this to the amount
of about eighteen hundred dollars, from the
general assembly of Connecticut, by way of
loan. Several of the militia captains pushed
forward to Salisbury, the northwestern town in
that colony ; and alter a little consultation con-
cluded not to spend any time in raising men,
but to procure a quantity of powder and ball,
and set off immediately for Bennington, and en-
gage Ethan Allen in the business. With his
usual spirit of activity and enterprise, Allen un-
dertook the management of the scheme ; and
set off to the northward, to raise and collect all
the men that he could find. The Connecticut
gentlemen having procured a small quantity of
provisions, went on to Castleton ; and were
there joined by Allen, with the men that he had
raised from the new settlements. The whole
number that were assembled amounted to two
hundred and seventy, of which two hundred
and thirty were raised on the New Hampshire
grants, distinguished at that time by the name
of Green Mountam Boys ; so called, from the
green mountains, amon^ which they resided.
Sentries were immediately placed on all the
roads, and the necessary measures taken to pro^^
cure intelligence of the state of the works and
garrison at Ticonderoga.

While Allen and his associates were col-
lecting at Castleton, colonel Arnold arrived, at-
tended only by a servant. This officer belong-

36 NATURAL AND CIVIL

ed to New Haven in Connecticut. As soon a^
the news arrived at that place that hostilities hacf
commenced at Lexington, Arnold, then a cap=
tain, set out at the head of a volunteer company,
and marched with the greatest expedition to
Cambridge. The day after his arrival, he at-
tended the Massachusetts committee of safety,
and reported to themi that the fort at 'i'iconde-
roga was in a ruinous condition ; that it was
garrisoned by about forty men, and contained a
large quantity of artillery and military stores ;
and might easily be captured. The committee
wished to avail themselves of his information
and activity ; and on the third of May, appointed
him a colonel, and gave hipi directions to enlist
four hundred men, and march for the reduction
of Ticonderoga. Under these orders, and with
this design, he joined the men that were assem-
bling at Castleion ; but was unknown to any of
them but a Mr. Blagden, one of the Connecticut
officers. His commission being examined, it
was agreed in a council, that he should be ad-
mitted to join and act with them ; but that Al-
len should also have the commission of a colo-
nel, and have the command ; and that Arnold
should be considered as his assistant.

To procure intelligence, captain Noah Phelps,
one of the gentlemen from Connecticut, dis-
guised himself in the habit of one of the poor
settlers, and went into the fort, pretending he
wanted to be shaved, and enquired forabarben
Affecting an awkward appearance, and asking-
many simple questions, he passed unsuspected,
and had r.n oppoitunity to observe the state of
every thing within the v/alis. Returning to his

HISTORY OF VERMONT. 3|

party, he gave them the necessary information,
and the same night they began their march to
the fort.

With so much expedition and secresy had
the enterprise been conducted, that colonel Al-
len arrived at Orwell, opposite to Ticonderoga,
on the ninth of May at night, with his two hun-
dred and thirty green mountain boys, without
any intelligence or apprehension on the part of
the garrison. It was with difficulty that boat?
could be procured to pass the lake ; a few how-
ever being collected, Allen and Arnold passed!
over, with eighty three men, and landed near
the works. Arnold now wished to assume the
command, to lead on the men, and swore that
he would go in himself the first. Allen swore
that he should not, but that he himself would
be the first man that should enter. The dis-
pute beginning to run high, some of the gentle-
men that were present interposed, and it was
agreed that both should go in together, Allen
on the right hand, and Arnold on the left. On
the tenth of May, in the gray of the morning,
they both entered the port leading to the fort,
followed by their men. The sentry snapped his
fusee at Allen, and retreated through the cover-
ed way. The Americans followed the sentry,
and immediately drew up on the parade. Cap-
tain De la Place commanded, but he was so lit-
tle apprehensive of any danger or hostility, that
he was surprised in his bed. As soon as he
appeared, he was ordered to surrender the fort. ■
Upon what authority do you require it, said
De la Place. " I demand it, said Allen, in the
name of the great Jehovah, and the Continental

^8 » NATURAL AND CIVIL

Congress." Surrounded by the Americans whq
were already in possession of the works, it was
not in the power of the British captain to make
any opposition, and he surrendered his garri-
son prisoners of war, without knowing by what
authority Allen was acting, or that hostilities
had commenced between Britain and the colo-
nies. After Allen had landed with his party,
the boats were sent back for colonel Si th VV ar-
ner with the remainder of the men, who had
been left under his command. Warner did not
arrive till after the place had surrendered, but
he took the command of a party who set off for
Crown Point. At that place there were only a
sergeant and twelve men to perfoim garrison
duty. They surrendered upon the first sum-
mons, and Wsrner took possession of Crown
Point, on the same day that Tyconderoga was
given up. Another party surprised Skeensbo-
rough, made a prisoner of major Skcen,the son,
took possession of a strong stone house v/hich
he had built, secured his dependents and domes-
tics, and made themselves masters of that im-
portant harbor.

By these enterprises the Americans had cap-
tured a British captain, lieutenant, and forty
four privates. In tlie forts they found above
t\vo hundred pieces of cannon, some mortars,
howitzers, and large quantities of ammunition
and military stores ; and a warehouse full of ma-
terials for carrying on the business of building
boats. Having succeeded in their attempts a-
gainst Tyconderoga and Crov/n Point, it was
still necessary in order to secure the command
@f lake Chuiiipluin, to get possession of an ar^

HISTORY OF VERMONT. 39

ined sloop which lay at St. Johns, at the north'
end of the lake. To effect this purpose, it was
determined to man and arm a schooner, which
lay at South Bay. Arnold had the command
of the schooner, and Allen took the command of
a number of batteaux, and both sailed for St.
Johns. The wind being fresh at the south, Ar-
nold soon passed the lake, surprised and captur-
ed the armed sloop in the harbor of St. Johns :
In about an hour after he had taken her, the
wind suddenly shifted to the north, and Arnold
made sail with his prize, and met Allen with his
batteaux at some distance from St. Johns.*

Surprised that the Americans should thus
dare to defend and secure their country, gener-
al Carleton, the governor of Canada, endeavored
to avail himself of the powers which had been
assigned to him by the Quebec bill. He had
not enough British troops in Canada, to venture
to draw any of them oat of their garrisons ; but
he expected to be able to engage a large body ■
of Canadians and Indians in the British service.
Twenty thousand stand of arms had been sent
to him by the British minister, for that purpose ;
and that he might be able to compel the Canadi-
ans to enter into the w^ar, martial law was pro-
claimed in the province. Contrary to all ex-
pectiition, the Canadians, almost to a man, re-
fused to interfere in the business of war. Hav-
ing found the benefits of the English forms of
government, they were very generally opposed
to tlie alterations proposed by the Quebec bill ;
and none of the Inhabitants seemed to view it

* Gordon's Hist. American War, Vol, I. p, 335,

40 NATURAL AND CIVIL

with pleasure, but the noblesse, and some of the
priests ; and scarcely any of them were willing
to bear arms in a quarrel between the British
government and the English colonies. The
language of the Canadians was, that they were
under the British government, and could not
pretend to decide on the claims or complaints of
any part of tlie empire ; that they would show
themselves to be dutiful and quiet subjects, by
an obedience to the government under which
they were placed ; but that it was totally incon-
sistent with their state and condition to inter-
meddle in the dissentions that had taken place
between the British government, and its ancient
subjects. In answer to the proclamation of the
governor for assembling the militia, and the exe-
cution of martial law, they replied that they
were ready to defend the province, but absolute-
ly refused to march out of it, or to commence
hostilities against their neighbors.

The go\ernor of Canada next attempted to
avail himself of the pretence, and abuse of reli-
gion ; and to effect the purposes of war and
slaughter, by the influence of the priests. With
this view he applied to the bishop of Quebec,
and urged him to make use of his spiritual in-
fluence, and issue out an episcopal mandate for
the purpose, to be read by the parish priests af-
ter divine service. The bishop would not pros-
titute his sacerdotal character to the sanguinary
j)olicy of the governor ; but excused himself on
account of its not bemg consistent with the can-
ons of the Roman Catholic church.* The only

• Smoliet's Hist. England, Vol, V. p. Z2%.

HISTORY OF VERMONT. 41

jjers<>ns who appeared to interest themselves in
behalf of the governor's measures, was the
French noblesse. They only had fully ap-
plauded the Quebec bill, and appeared willing
to engage in a vvar with the English colonies ;
but happily, they were too inconsiderable in
their numbers and consequence^ to have much
authority or influence among the people.

Having failed to effect his purposes either
by military law, or the popish religion, in con-
formity to the ministeriidl plan, the governor of
Canada next attempted what could be done by
bringing the Indian rage and barbarity into the
contest. Colonel Johnson, a son of the late sir
William Johnson; had several conferences with
the Indians upon this subject ; and in a grand
assembly of these savi'ges at Montreal,' he Went
so far as to deliver the war belt to -several of
their tribes. The Indians returned much the
same answer to the proposals, that the Canadians
had done ; and notwithstanding the-ir thirst for
blood and pillage, refused to be concerned in
such a quarrel. To take up the hatchet, to car-
ry destruction and slaughter among- a people
from whom they had received no ifijury, and
with whose concerns and quarrels they -had-rio
(.onnection, appeared too immoral arid diuboli.1^4il
*o be perpetrated by these bloody barbaHans.*
Such an improvement on inhumanity, was re-
strved for the deliberate counsel and contri-
vance of a British cabinet, in the year 1774. •"

The American Congress had inteiligehce of
these attempts of General Carleton to engage

• Appendix. No. 1. ■
VOL. II. E

M : NATURAL AND CIVIL

the Canadians and Indians to carry war into
their frontiers, and that both had refused to be
concerned in the quarrel. It was easy for them
to foresee that it would not be in the power of
the Canadians to preserve a neutrality any long-
er, than till governor Carkton should receive an
addition to the British forces, sufficient to com-
pel them to obedience ; and that now was the
favorable time to secure their own interest, by
sending, a body of American troops to penetrate
into that province ; that there was an encourag-
ing prospect that the Canadians would join them
in their operations against the British troops and
garrisons ; and that it was not improbable, that
in the event, the destruction of the British pow-
er in Canada might be effected, and an union
brought about between Canada and the other'
provinces in the grand pursuit and object.

For this expedition, ^ it was proposed to raise
two thousand men. Two regiments of militia
were to be raised in New York, and the rest to
be formed out of the New England colonies ;
the command to be assigned to generals Schuy-
ler and Montgomery. A number of batteaux
and flat-bottomed boats were built at Tyconde-
roga and Crown Point, to convey the forces a-
long lake Champlain to the river Sorell ; and
much pains v;as taken to raise the troops frji-
this enterprise. Montgomery set out for Crown
point, August the twenty first ; and soon recei-
ved intelligence tliat general Carleton was prepar
ing to obstruct his designs : That a schooner
of considerable force, and other armed vessels
lay at St. Johns, and that the British troops in
Canada were preparing to enter the lake, anc

HISTORY.OF VERMONT. 43

%}rould probably soon have the command of it.
To prevent every thing of this kind, Mont-
gomery with the forces that had arrived, on
September the fourth, made a movement down
the lake. Schuyler, though in an ill state of
health, pushed forward from Albany, and joined
Montgomery at the Isle la Mottc ; and they
both moved on to the Isle aux Noix, and took
proper measures to prevent the passage of the
British vessels into the lake. Here they pub-
lished a declaration addressed to the Canadians^
assuring them that the American army was not
designed against their country, their liberties,
religion, or property ; but was directed only a-
gainst the British garrisons and troops; and it con-
tained an animating invitation to the Canadians,
to join with them in asserting their liberty and
freedom. These Proclamations were sent into
ail the adjacent parts of the country by colonel
Allen and major Brown, and had a very consid^
arable effect on the feelings of the Canadians ;
for though they could not comprehend what
was meant by the rights and liberties of /^^en,
they concluded it must mean something better
than any thing which they had ever enjoyed.

On September the sixth, the American army
did not exceed one thousand men, but proceed-,
ed towards St. Johns without meeting with
any obstruction. The fire from the fort, and
the strong appearances of force and resistance
which they observed, occasioned their landing
at the distance of a mile and a half from the
fort ; and on ground covered with thick woods,
and intersected with creeks and waters. In ad-
vancing to. reconnoitre the works, their left waa

44 NATURAL AND CIVIL

attacked by a party of Indians, who killed three»
and wounded eight of the party ; but the Indi^
ans were soon repulsed with the loss of five
killed, and four badly wounded. In this situa-
tion, finding that the fort was- completely forti-
fied and garrisoned, and could not be taken
without artillery and a regular siege, it was
concluded the next morning-, to return to
the Isle aux Noix, and defer the operations till
the arrival of the artillery and reinforcements
which were daily expected.

ScHU'iLER returned to Albany to conclude
a treaty with the Indians, which had for some
time been negotiating, leaving the command to
Montgomery. On September the seventeenth,
having received an addition of men and artillery,
that general poceeded again to St. Johns, and
began the siege. The garrison consisted of the
greater part of two British regiments, and
contained nearly all the regular troops in Canada,
and was well supplied with stores, ammunition,
and artillery. The first measure of Montgomery
was an attempt to detach the Indians who had
joined gen. Carleton, in which he met with good
success. Provincial parties were dispersed over
the adjacent country, and every where met with
a favorable reception from the Canadians. It no
longer remained doubtful whether they chose ra-
ther to join with the Americans, than to arm,
against them ; considerable numbersjoined Mont-
gomery's troops, and many of the French suppli-
ed them wit^h provisions, military stores, and
other kinds of necessaries for carrying on the
siege. The progress of Montgomery however
was much retarded by a deficiency in the es=

HISTORY OF VERMONT. 45

scntlal articles of powder and ball, and by the
undisciplined and disorderly behaviour of his
men.

While Montgomery was thus employed at
St. Johns, colonel Ethan Allen made a rash and
romantic attempt upon ivlontreal. He had been
sent by the general with a guard of eighty men,
on a tour into the neighbouring villages. On
his return he was met by a major Brown who
had been on the same business. It was agreed
between them to make a descent upon the island
pf Montreal. Allen was to cross the river, and
land with his party a little north of the city ;
while Brown was to pass over a little to the
south, with near two hundred men. Allen
crossed the river in the night as had been pro-
posed, but by some means Brown and his pirty
failed. Allen soon found himself in a critical
situation. His party was altogether insufficient
to attempt any thing against Montreal, and the
enterprise had been undertaken without the
knowledge of Montgomery or any expectation
of assistance from him. Instead of returning,
Allen with great rashness, concluded to main-
tain his ground. General Carlcton soon re-
ceived intelligence of Allen's situation, and the
smallness of his numbers j and marched out a-
gainst him with about forty regulars, and a con-
siderable number of English, Canadians and In=-
diims ; amounting in the whole, to some hun-
dreds. Allen attempted to defend him.self, but
it was to no purpose. Being deserted by seve-
ral of the Canadians, and having fifteen of his
men killed, he was taken prisoner, on Septem-
ber the twenty fifth, with thirty eight of his mcHj

46 NATURAL AND CIVIL

seven of whom were wounded.* On this oc-
casion, the humanity and magnanimity of gener-
al Carleton, seemed to have deserted him. By
his orders, Allen and the other prisoners were
immediately loaded with irons, and in that con-
dition sent on board a man of war ; and carried
to England in the most uncomfortable situation
in which they could be placed.

In the mean time, Montgomery was pushing
the siege of St. Johns, as f-ist as his embarrassed
circumstances would permit ; and derived much
assistance, from the Canadians who had joined
his army. On October the eighteenih, these
Canadians e-',:^aged in a plan to reduce Cham-
bly, a fort which lay further down the river Sorel
than that at St. Johns. They carried their ar-
tillery in butteaux, and passed the works at St,
Johns without sustaining any loss. The fort at
Chambly was garrisoned by only a part of the
seventh British regiment, and was soon forcedi
to surrender to majors Brov/n and Livingston.
The garrison, amounting to about one hundred
men, became prisoners of war^ and uere allowed
their baggage ; their women and children were
allowed to go with them, and take their effects ;
and the baggage claimed by the one and the
other was astonishingly great. By this capture,
the Americans obtained one hundred and twenty
barrels of gun powder, and a considerable qu?i<V
tity of other stores. What was most of all IV-
ceptable, and till that time had been unknov/rx
in America, was the colors of the seventh regi-
xnent ; being captured, these were transmitted

*. Gordcin. Vol. I. p. 4z6y ,

HI$TORY OF VERMONT. 47

,io the American Congress, the first trophy of
the kind which that body had ever received.

The besiegers having now received a sup-
ply of powder, made their approaches to the fort
at St. Johns with great vigor ; and the garrison,
consisting of between jsix and seven hundred
men,, of whom five hundred w^re regulars, made
a resolute defence, in hopes of being relieved by
general Garleton. That brave officer had been
indefiitigable in his endeavors for their relief,
but such was the disaffection of the Canadians
to the British cause, that with his utmost en-
deavors, he ceuld not collect more than one
thousand men. A colonel. Maclean had alsa
been very active in the cause of the British go-
vernment, and had taken great pains to raise a
regiment of the Scotch emigrants, who had not
yet obtained settlements in the province. Of
these, with some Canadians and others, the co-
lonel had collected a body amounting to a few
hundred men ; and had taken post near the
mouth of the river SoreL General Carleton
wished to join Maclean with the troops he had
collected at Montreal, and hoped that by such a
junction he should have a force suiT-cient to '
raise the siege of St.' Johns. In pursuance of
thi^ design, he got together a body of eight
hundred men, consisting of the militia of Mon-
treal, some Canadians, a few regulars, and uorne
Indians ; and on October the thirty first, em-
barked them from Montreal, to cross the river
St. Lawrence and land at Longuiel. Colonel
Warner, v^^ith three hundred of his green moun-
tain boys, watched their motions, and prepared
for their approach. They were permitted to-

4« NATURAL AND 'CIVIL

approacli very near to the «outh slidre, when
Warner and his men .poured in a very hot and
destructive fire ; which was rendered more fatal
by a four pounder, which was well served, and
threw grape shot with great effect into the boats
that were most crowded with'troops. So heavy
and well directed a fire threw the enemy into
great confusion, and they retired Avith much
precipitation and disorder.* No sooner had
the Canadians under Maclean heard of Carleton's
defeat, than they abandoned him to a man ; and
he was glad to make a precipitate retreat with
his Scotch emigrants to Quebec.

These events decided the fate of St. Johns,'
The garrison had made a resolute defence, but
the defeat of Carleton and the retreat of Maclean
had left them without any hope of relief, or any
prospect of being.^ble to defend the place mucli
longer. Major Preston, their commander, cculd
no longer refuse the capitulation which was of-
fered, and j^greed to surrender his garrison pri-
soners of war J and on November the third, they
marched cut of the works, and laid down their
arms. A very considerable quantity of cannon
and military stores were found in the place.
The prisoners amounted to fi^■e hundred regu-
lars, and m.ore than one hundred Canadian
volunteers. They were treated by gener^il
Montgomery in the most polite and honorable
manner, and conveyed by Avay of Ticonderoga
to the interior parts of the New England
colonies.

li WING succeeded in the conquest of Cham-
\i\y and St. Johns, ISIontgomery marched on to

* (Jordoa. V»l. I. p. 427.

HISTORY OF VERMONT. 49

Montreal. On his arrival, he found that gener-
al Carleton had quitted that place the day before.
The inhabitants proposed a capitulation, or ra-
ther a kind of general treaty ; but this was re-
fused by Montgomery, as they were in no con.-
dition to make any defence, and had it not in
their power to fulfil the proposed part of their
agreement. To remove all their fears and
doubts, he gave them an answer in writing, in
which he made this declaration, " The conti-
nental army have a generous disdain of e very-
act of oppression and violence ; they are come
for the express purpose of giving liberty and
security ; the general, therefore, engages his
honor to maintain, in the peaceable possession
of their property of every kind, the indi-
viduals and religious communities of the
city of Montreal. The continental army came
into this province for its protection -, they, there-
fore, cannot consider its opposers as taking up
arms for its defence," He considered the Bri
tish government and power as subdued in the
province qf Canada, and the province itself as
tmder the jurisdiction of the United Colonies ;
and made regulations for its safety and govern-
ment : With such declarations and view& he
marched his arniy into the city, and took a quiet
and peaceable possession of the place on the
thirteenth of November.* Aware that the re-
mains of the British forces would endeavor ta
escape from Montreal to Quebec by means of
the river St. Lawrence,. Montgomery had sent
forward a party of his troops under the com-

,.^*. Murray', Hist, of the War. Vol. I. p. 538. Smollct. Vol. V. p.
VOL. II. F

Bp NATURAL AND GIVIL

niand of colonel Easton to the mouth of the
river Sorel, to intercept them. The American^
armed the point, and secured the passage on the
river St. Lawrence with a number of cannon,
an arrried gondola and boats, and several com-
panies of musketeers, in such a manner that
vessels could not pass without extreme difficulty
and danger. General Prescot, with one hun-
dred and twenty British officers and privates
fell into the snare, and were oi^liged to surren^
(Jer,, N^ovember the seventeenth, widi eleven sail
of armed vessels, loaded with provisions and
military stores,- and a great variety of other very
valuable articles, which the British were en-
deavoring to transport to Quebec. This ileet,
with its cargo and crew, were captured by Eas-
ton and his troops, without any loss to the
Americans.

The situation of general Carleton, and the
safety of the whole province of Canada, was
now in the most critical and dangerous state.
After his defeat by Warner, and the surrender
of St. Johns, he hod no other prospect of safety
but to retreat to Quebec ; nor did he dare to
venture upon this measure, but in disguise, and
with the utmost secrecy. The day before
Montgomery took possession of Montreal, he
left that cit}^ ; and the night before Preston was
obliged to surrender, he was conveyed by a
boat, with muffled paddles, by a secret passage
to the Three Rivers ; and from thence, made
his way through much difficult}^ and danger t©
Quebec.

^. And there, another and very serious difticulty
awaited him. General Washington h;-i(] formed

HISTORY OF VERMONT. 5i

the plan of an expedition against the easterh
parts of the province, and the city of Quebec
itself. The troops destined for this expedition
were put under the command of colonel Arnold.
On September the thirteenth, he set out from
the camp at Cambridge, with eleven hundred
men, and proceeded to Newhuryport, at the
mouth of Merrimac river. There he embarked
on board ten transports, and arrived at the
mouth of Kennebec river, on September the
twentieth. Dismissing the transports, they em-
barked on board batteaux, and proceeded up .
that river with all the expedition that the busi-
ness would admit. It would be difficult to find
any thing in the histories of war, or indeed to
conceive of greater hardship, labor, and resolu-
tion, than attended the exertions of this body
©f men. On the river, they vere impeded by a
rapid stream, with a rocky bottom and shores ;
by cataracts, carrying places, descents, and ra-
pids, impassable for boats. On the shores they
had to travel through deep swamps, thick woods,
mountains, precipices, and large streams of wa-
ter : Nor could they, for the most part, advance
more than from four to eight miles a day. By
their incessant labors and hardships, several fell
sick, and so much of their provisions was lost
in passing the rapids, that they became scarce,
and many suffered severely with hunger. Some
of the men killed and eat their dogs, and a few-
were reduced to such extremity as to devour
their cartouch boxes, breeches, and shoes.
Having arrived at the head of Kennebec river,
colonel Enos was ordered to send back the sick,
and thos» that could not be furnished with

ilS NATURAL AND CIVIL

provisions ; but contrary to Arnold's expecta-
tion, he returned himself with his whole divi-
sion, consisting of three companies ; a council
of war which Enosheld on the occasion, having
pronounced it impossible to proceed for want
of provisions. Arnold with the other divisions^
went on with a steady and daring resolution,
determined either to succeed or to perish.
Having crossed the heights of land, they arrived
at length at the head of Chandiere river, a stream
which falls into the river St. Lawrence, not far
from Quebec, Travelling on this river, they
$oon ?,pproached the inhabited parts of Canada,
and on November the third, they procured some
provisions, and soon after came to a house, being
the first they had seen for thirty one days.
During all that period, they had been struggling
against difFiculties almost insurmountable, in a
rough, barren, uninhabited country, where even
the Indians did not reside-
As soon as Arnold appeared with his troops,
the Canadians discovered the same disposition,
to give him a favorable reception, that they had
manifested towards Montgomery ; at Sertigan,
the first French village at which they arrived,
about twenty five leagues from Quebec, they
were kindly entertained, and plentifully sup-
plied with fresh beef, butter, fowls, and veget-
ables. Washington had prepared and signed a
declaration, announcing to the Canadians that
the Americans were not come to injure, plun-
der, or make war upon them, but to defend and
preserve the liberties of every part of the conti-
nent ; inviting them to join in the grand object
^nd pursuit, and assuring them that they should

HISTORY OF VERMONT. g$

be protected in their persons, property, and re-
ligion. The proclamation had a good efi'ect ;
the Canadians afforded Arnold such assistance
as was in their po^ver, and he marched on in
ease and safety, and arrived at point Levi, No-
vember the 9th,* with about seven hundred men.
'j'he arrival of Arnold with his troops, was
not known at Quebec for twenty four hours ;
at this period, the inhabitants of that city were
not in a situation to have made any defence.
An univeisal discontent and division prevailed
among the British inhabitants, owing to the op-
position of the British merchants and others to
the Quebec bill. The French inhabitants were
still less disposed to engage in hostilities. It
was known that they were very generally wa-
vering and undetermined ; and many were
much inclined to favor the American procee-
dings. No confidence could be placed in either,
to undertake the defence of the city ; and had
it not been for the intervention of the river, it
does not seem that there would have been much
difficulty or opposition to Arnold's marching in
and taking immediate possession.

On the twelfth of November, colonel Maclean
marched into the city, with one hundred and
seventy of his new raised regiment of emigrants.
On the intelligence of this event, the next day
at nine o'clock in the evening, Arnold began to
embark his men on board a number of canoes
which he had procured ; and by four the next
morning, five hundred of his men were landed
at Wolfe's cave, undiscovered by the enemy.

* Gordon. Vel. I. p. 408.

54 NATURAL AND CIVIL

The next morning, it was known in the city what
had taken place. Some of the sailors were lan-
ded from the ships, to manage the guns on the
fortifications ; several of the most active of the
citizens came forward, and all began to doubt
whether Arnold was in such force that it wuuld
be prudent to appear to assist or favor him.
Arnold paraded his men on the plains of Abra-
ham, set guards to cut off the communication
between the city and country, and sent ~a flag to
demand the surrender of the place. His flag
was fired upon, and refused admittance ; he
was not strong enough to attempt to storm the
city ; and the hour in which it might probably
have been carried by a coup du main, amidst
the surprise and consternation of the inhabitants,
was now past. On the nineteenth, the Ameri-
cans decamped, and marched up to Point au
Trembles, about seven leagues from the city ;
and the same day general Carleton arrived at
Quebec. Determined to defend the place, his
first step was to turn out the suspected, and all
that would not engage to assist in the defence
of the city ; and nothing now remained for Ar-
nold, but to wait the arrival of assistance from
Montreal.

Encouraged and animated by the vigorous
proceedings of Arnold, Montgomery made all
the exertions in his power to join him. Hav-
ing left some troops in Montreal and the forts,
and sent detachments into the different parts of
the province to encourage and secure the Cana-
dians, he pushed on with as many men as could
be spared, and such artillery and supplies as he
could procure, to join the troops before Quebec j

HISTORY OF VERMONT. $5

, but his whole fdrce did not amount ta but a little
more than three hundred men. Their march
was in the winter, through bad roads, in a se-
vere climate, amidst the falls of th^ first snows,
and in the water and mire ; but such was the
activity and perseverance of Montgomery and
his adherents, that on December .the first,
he joined Arnold at Point au Trembles, with
thrqe ai"^ed schooners, about three hundred
laaen, and ammunition, clothing and provisions
fpr the troops. On December the fifth, Mont-
gomery vyith his army appeared before Quebec ;
his effective troops amounted to but a few more
th^n eight hundred men, and he could, have but
little prospect of success. General -Carleton
was informed of the state of his army, and had
made such preparations for defence, that he
eou.ld have but little ±o apprehend from any at-
tempts that could be made against the city, by
so small ,a foi-ce, at that season of the year. His
force, consisted of colgnel Maclean's men, one
hundred and seventy j a company of the seventh
regiment, amounting to sixty ; forty marines^
four hundred and fifty seamen, belonging to the
king-'s frigates, and to the merchantmen ; and
about eight hundied militia ; amounting in the
whole to fifteen hundred and twenty ; but on
the militia little dcpedence was to be placed*
Montgomery attempted both to intimidate, and
to persuade the British general to surrender;
he also opened two small batteries, one of five
mortars, and the other of six cannon, against
the place ; but his artillery was too small, and
the season of the year too severe to have any
hope of succeeding by a regular siege. Nothing

&6 NATURAL AND CIVli

remained but to put all to the risk of a general
assault ; and rather than to abandon the object.,
it was determined to venture upon this despe-
rate measure.

Ir was not till December the thirty first, that
circumstances would admit of an attack : On
that morning there was a heavy storm of snow,
and under this cover, Montgomery and Arnold
led on their troops to storm the city, the garri-
son of which was much more numerous than
their own army. The American troops were
divided into four bodies, of which two were di-
rected to make false attacks upon the upper
town, while the real ones were made by Mont-
gomery and Arnold, against the lower part of
the city. With undaunted resolution, Mont-
gomery led on his men, about two hundred, to
the first barrier, U'hich they soon passed, and
Jtdvanced boldly to the second ; but here a vio-
lent discharge of grape shot from several well
placed cannon, together with a well directed fire
of musketry, put an end to the life of this brave
and enterprising officer. Most of the officers
and others who were near their general, fell at
the same time, and the command devolved on
a Mr. Campbell ; but he was so unused to this
new kind of business, of storming a well forti-
fied city^ and so discouraged by the fall of Mont-
gomery, that he retreated without any further
exertions.

Arnold, with his division, amounting to
about three hundred, made a vigorous attack
upon another part of the town, and after an
hour's engagement carried a small battery. In
this conflict, one or two men fell, and Arnold

HISTORY OF VERMONT. 57

had his leg shattered, so that he was obliged to
be carried off. His officers however continued
the attack with much vigor, till the British hav-
ingdispersedthc Americans inevery other quarter,
directed their whole force against this small body,
«nd entirely surrounded them. Nor did their
courage forsake them even in these desperate
circumstances. They continued the fight for
three hoprs longer, till their numbers were much
reduced, and they were fully convinced that
some misfortune must have befallen Montgome-
i-)'^ and his party. At length no hope or pros-
pect of relief remaining, they were forced to sub-
mit to necessity, and. surrendered themselves
prisoners of war.

In this unfortunate affair, the Americans lost
nearly half their troops. About one hundred
were slain, and many more were in captivity ;
and not more than four hundred remained,
who were fit for duty. A council of war de-
termined that Arnold should take the command^
and continue the blockade ; but the troops im-
mediately quitted their camp, and retired about
three miles from the city, and placed themselves
in the best situation they could ; hoping for re-
lief, but expecting ah attack.

Thus fell general Richard Montgomery^ in
the cause of liberty and America. He was de-
scended from a very respectable family in the
kingdom of Ireland. In the preceding war he
had served with much reputation in the British
army, which was employed in America. When
peace was proclaimed he remained in America,
married a lady of much virtue and delicacy, and
purchased an estate in the province of New

VOL. II. G

58 NATURAL AND CIVIL

York ; and was in all the happiness of domes-
tic enjo)-ment, with an easy fortune, and in ru-
ral and philosophical pursuits and retirement*
When the controversies arose between the Bri-
tish ministry and the American colonies, he ex-
amined and penetrated the views of both ; and
from a thorough examination and conviction,
he embraced the cause of the latter. When the
commencement and rage of hostilities left
nothing for the colonies but unconditional sub-
mission or war, he chose the latter, and took a
decided part. Few commanders ever had a
more difficult part to act, than what fell to his
share when he undertook the command of the
troops that were to invade Canada. Unac-
quainted with military discipline, infatuated with
their notions of liberty, intoxicated with the idea
of their own importance and fitness to command,
the troops at first had much more the appearance
of an undisciplined mob and rabble, than of a
regular army. Painful and provoking as this
must have been to an experienced officer, Mont-
gomery bore it all, out of a regard to the Ameri-
can cause and interest ; and persevered in his
patience till he had taught his soldiers how to
submit to discipline in their own camp, and to
carry victory into diat of their enemies. In all
his language, behavior and conduct to the Brit-
ish officers and troops, whom he had subdued,
he preserved an elegant and dignified politeness,
and propriety of conduct. Acting in the duties
of his profession with unalterable firmness, he
carefully avoided every thing that bore the ap-
pearance of rudeness, affront, or insolence, to thr
officers or trOops which he had captured.

HISTORY OF VERMONT. 59

At Quebec he was aware of the danger,
which attended the measure that he had adopt-
ed. The circumstance which probably decided
his determination was this ; with the first Janua-
ry the time was expired, for which his troops
were enlisted. Notwithstanding their attach-
ment to him, and to Arnold, the sufferings of
the troops were so great and constant, that it
could not be expected but that numbers would
avail themselves of the liberty to which they
would then be entitled, of returning to their
homes. In this way his army had been almost
broke up before, and at a time when he vv is in
the full pursuit and prospect of the most impor '
tant success. He could not but expect that it
would prove so now. Considering the state of
the Canadian mind, there was a chance of suc-
cess. Success would quiet, and keep his troops
together, prove highly beneficial to his country,
compleat the conquest of Canada, and entail
immortality on his own character, fame, and
glory. Defeat could do no more than to destroy
the success of the expedition ; and this would
be as certainly effected by the dispersion, as by
the defeat of his army. In this dilemma he
chose the part, in which there vi^as a chance for
success and benefit. In the contest he fell, and
in his fall there was every circumstance united
that could impart fame and glory to the death of
a soldier, impelled by moral principle, at the
head of his troops, beloved in his own camp,
revered and respected in that of his enemies,
shot through the head, breast, and thighs, he
fell within the city that he was attempting to
take. The British general Carleton, much t©

60 NATURAL AND CIVIL.

his own! honor and glory, ordered to his body a
funeral suited to the rank and office which he
had borne. The Americaa Congress wishing to
do the same, appointed a day to commemo-
rate his virtues, and celebrate his funeral ob-
sequies ; and ordered a monument to be erect-
ed to his memory. And what was highly to
his honor, his most bitter enemies in their
speeches in the British parliament, could not
avoid celebrating his virtues.

*' Stat sui cuique dies,

sed famara extendere factis.

Hoc virtutis opus."

Civil wars and contests, though they gen*
erally occasion the greatest of all human evils
and miseries, do also generally aiford occasions
for the display of the greatest abilities and vir-
tues. The minds of the Americans had been
more or lesSiag:itBt£d by political contests for
ten J ears before the war began. When hostili-
ties com.meuced, they broke out with such cir-
cumstances of aggression and insolence on the
part of Britain, tliiit they left no room for the
Americans to deliberate what course of conduct
it was best for them to pursue. One choice
alone remained ; they must either submit to the
British minister, or thcv must defend their
country by force of arms. Such was the public
virtue and sentiment, that the man's character
would have been wholly lest in Am.crica, that
did not chuse and avow the latter. The men
of firmness, activity, military taste, character,
and enterprise, saw that the time was arrived
for all the exertions, that virtue, courage, love
of their country, fame, ambition, or glory, could

HISTORY OF VERMONT. 61

produce. No man was possessed of more na-
tive firmness, intrepidity, and ambition, than
Arnold : And it will be difficult to find in an-
cient history, many instances of more determin-
ed resolution, persevering courage, and unabat-
ed ardor in military pursuits and sufferings, than
were displayed by him, and the troops that went
with him, in their march through the woods to
Quebec.

The route in which they proceeded was at-
tended with difficulties so apparently insuperable
that the Indians did not venture to travel on that
path. The season was approaching, in Avhich
the bears and wolves retired from the severity
of the cold and snow. If they lost, or if they
could not carry their provision, there was no al-
ternative, they must perish with hunger. What
they had to expect in Canada, Avhether friend-
ship or death, they could not tell. And what
was to be expected from the expedition, success
or defeat, was altogether unknown. The men
that were to perform these services, and abide
the risks of these dangers, had not been in ser-
vice for more than four months ; and the most
of them had not before, been fifty miles from
their own homes. It did not require the same
degree of firmness and courage for ^Eneas and
his countrymen to fly from expiring Troy, or
for Zenophon with his ten thousand Greeks to
make the retreat which they could not avoid,
as was requisite to lead these men calmly to en-
gage in such an expedition, or to persevere
amidst the miseries and dangers that attend-
ed it. It vv'ill not be stating the matter too higla
to say, that this expedition of Arnold and his

6« NATURAL AND CIVIL

men, deserves a place, among the most extraor-
dinary and daring exploits, which the history of
war has recorded.

During this campaign, the American char-,
acter had acquired a high degree of reputation
and fiime. It had been customary with the
British writers, ministers, generals and speakers
in parliament, to revile the Americans as cow-
ards, poltroons and low spirited wretches, who
had not courage enough to become soldiers, or
to attempt to defend their country. Had this
been only the language of policy, designed to
encourage and animate the British parliament
and nation to proceed to coercive measures, it
would not have occasioned wonder or surprise.
But it was the customary and sober language of
the British generals, ministers, and parliament ;
what they really believed, and thought was ac-
tually true. In them it was iii fact the language
of faith and ignorance, of desire, expectation
and confidence. When they heard of the move-
ments and enterprise of Montgomery and Ar-
nold, they were astonished arid confounded.
The American poltroons had shut up their arm}- ,
and favorite generals, Gage, Howe, Clinton and
Burgoyne, in Boston ; reduced Ticonderoga,
Crown Point, St. Johns, and Montreal and over
run all Canada. An:iold had marched to Que-
bec by a route kno^vn only to the bears and
wolves. What was, or would be the fate of
Quebec, they did not know. The American
cowards were become patriots and heroes ; and
the British ministers wisely concluded it would
be best to buy some foreign troops to help them
to fight their battles. Several of the petty Ger-

HISTORY OF VERMONT. 6S

man princes and tyrants dealt in the trade of
selling men and human flesh. To them, the Bri-
tish government repaired and purchased troops
from the princes of Hesse, Brunswick, Wal-
deck, and Hanace, to help them in subduing
their rebellious and cowardly American colonies.
Already had the Americans become so formi-
dable that both Britons and Germans were to be
employed to crush thcjr rebellion in the course
of another campaign.

€4 NATURAL AND CIVIL

CHAPTER IIL

American War. ...Progress and events of the
■tuar in the year 1776. Carleto?t^s humanity
and prudence. Arnold continues the blockade
of Qiiebec. Sufferings and perseverance of
the Americans. Arrival of the British feet
and army at Quebec^ and retreat of the Ameri-
cans. Proceedings at the Cedars. Defeat of
the Amei'icans at Trots Rivieres. Humanity
and magnanimity of general Carleton. Pro-
ceedings of the British. Retreat of the Amtri-
cans from Canada^ under general Sidlivan,
Measures of general Gates to secure Ticonde-
7'oga, and build a feet on the lake. Exer-
tions of the British to secure the command of
lake Champlain. Defeat and destruction of
the American fleet, Carleton lands with his
army at Crown Point. Returns to Canada
-without attacking Ticonderoga. Reflections
on the events of the campaign^ on the Americafi
character and firmness^ and on the conduct of
Sir Guy Carleton.

1776. General Carleton" was now
engaged in preserving the city of Quebec. Hav-
ing been successful in defending it against the
violent assault of the Americans, he was now
employed in strengthening the works, reducing
the garrison to greater order and discipline, and
making preparations to repel any furthei?. attempts
that might be made against it, till reinforce-
ments could arrive from England. From the
manner in which he had treated Allen and the

HISTORY OF VERMONT. 65

prisoners ^vhich he took at Montreal, it was
feared that he would act with severity against the
Americans who had now fallen into his hands.
His conduct was altogether the reverse. The
number of British prisoners which the Ameri-
cans had captured, and the dignity and magna-
nimity of his own mind, had raised him above
the exasperated feelings and cruel revenge, with
which moiiarchs generally contemplate what they
call rebellion. And v/hile the other British
commanders in America were affecting to dis-
play their regard to the British king and govern-
ment, by abuse, insolence, and inhumanity, to
those Americans whom the fortune of war had
thrown into their hands ; Carleton discovered
the principles and feelings of exalted bravery
and humanity, by a dignified LV.d polite treat-
ment of the officers and privates v.'ho were be-
come his prisoners. Their general was put into
an elegant coffin, and buried with those military
honors and attentions, which became his rank
and character. The officers were provided w'itli
money, and other articles which they wanted,
invited to dine with the British commander and
officers, and treated with all those attentions that
the customs of war had made respectful and
consoling to the unfortunate. The privates
were as well treated and fed as prisoners of war
are accustomed to expect. By this method of
conduct the British general was not only secur-
ing the confidence of his own garrison, but con-
ferring favors on his prisoners, which increased
their obligations to preserve the honor of sol-
diership in every part of their conduct. But as
it was altogether uncertain what new forces the
yox. II. II

Q6, NATURAL AND CIVIL

Americans might bring against Quebec during
the winter, or what further attacks might be
made upon the city before he could obtain any
succours, that sagacious commander did not
venture to run any risk, to make any attack on
the Americans, or to take a step which might
occasion the loss of a single man of his garrison.
While Carleton was pursuing such mea-
sures within the walls of Quebec, Arnold and
his men had their quarters about three miles
from the city ; and kept up a proper blockade,
preventing any supplies from being thrown in.
He had not more than four hundred men fit for
duty, and from their reduced numbers and situ-
ation they were in constant expectation of an
attack. Discouraging and desperate as their
circumstances seemed to be, instead of any
symptoms of fear, Arnold and his men discov-
ered amazing vigor of mind and perseverance
in their enterprise. An express v»^as sent to
general Wooster at Montreal, to come with a
reinforcement and take the command ; but as
that could not be done without considerable de-
lay, Arnold still persevered in the blockade, and
rendered the condition of Quebec still preca-
rious, by obstructing all supplies of provisions,
or other necessaries. It was not till the twenty
fifth of January that they received any assistance,
on that day a small reinforcement of twenty sev-
en men arrived from Massachusetts ; other
small detachments soon followed. All the
troops that could be spared from JVIontreal were
sent down, but it was not till late in the month
of February, that the troops before Quebec a-
5nounted to nine hundred and sixty men ; of

HISTORY OF VERMONT. 67

which only seven hiindied and seventy two
were privates fit for duty. With this small ad-
dition they were so much encouraged as to ad-
vance, and begin works against Quebec, bu
their artillery made no impression. One of the
loyal Canadians, a Mr. Beanjeu, had collected a
body of above three hundred men, with a de-
sign of dispersing the Americans and raising
the siege ; with this party, eighty of the Ameri-
cans had an encounter on March the twenty
fifth, and soon and easily dispersed them.

When the American Congress received in-
formation of the disaster at Quebec, they order-
ed four battalions to Canada ; and in April
they increased the number to ten, and genera^
Thomas was sent to take the command. The
most of these troops were on their march, and
by the first of May, general Thomas arrived
in the camp, but the number that had arrived
in the vicinity of Quebec, amounted lo n»
more than nineteen hundred men. An event
however had taken place, which reduced them
to a state of impotence and inactivity ; the small
pox, the scourge and terror of the English col-
onies, had broke out and was carrying destruc-
tion and dismay through the American camp.
Whether casual or through design, a girl who
had been a nurse in the hospital at Quebec came
out from the city, and gave this distemper to
some of the continental soldiers. It was impos-
sible to prevent the disorder from spreading,
and the soldiers regardless of all orders to the
contrary, consulted their own safety, and innoc-
ulated themselves. The re'a.forcements whi6h
were daily arriving did the same ; and as they

68 NATURAL AND CIVIL

had neither medicines, suitable provisions, or
barracks ; sick, weak, and dejected, tliey were
scattered all around the city. In this state was
the American army when Thomas took the
command ; and on the first of May, there were
not nine hundred men fit for duty.

Thomas however wished to put his army in
motion, and attempt something against the
enemy. The ice about the city was in a great
measure glare, and the river would now admit
of navigation » A party of the Americans went
below the city and fitted out a fireship : On
the third of May they took the advantage of the
flood, and at ten o'clock in the evening, sent her
up to set fire to the shipping in the harbour.
At the same time the army was drawn up, to
avail themselves of the confusion that was ex-
pected from the fire, and to assault the city if
circumstances should prove favourable. The
fireship coming from beioM^ did not at first give
any alarm, it was supposed to be for the relief
of the city. Being night, the ship arrived near
to the vessels in the harbour, before it was dis-
covered to be an enemy. The British then
commenced a very heavy fire from the city ;
the people on board the fire ship lighted the
train, her sails took fire and in a moment ^he
was in a blaze ; but the tide beginning to ebb, she
was carried dovv'u the river, and the men escaped
in their boats. Thomas nowperceivedthatnothing
cbuld be done to any eficct against the enemy, by
an -cwmy in the conditionto whichhiswasreduced,
and that their provision would last for no longer
a time than three •'Viys. The season was also ap-
proaching in v.hicii troops would not fail to arrive

HtSTORY OF VERMONT. 69

from England, and it was known that these
would amount to a strong force. Instead of at-
tempting further to annoy the enemy, it now
become necessary to provide for their own safe-
ty- A council of war was called on May the
fifth, and it was concluded to make the best re-
treat in their power.

On the next day, early in the morning, the
Isis man of war and two frigates made their ap-
pearance in the river. By the zeal and activity of
their officers and men, these vessels had forced
their way through the cakes of ice, while the
passage up the river was extremely difficult
and dangerous. They had on board one thou-
sand marines, and two companies of the twen-
ty ninth regiment ; which were landed with
much expedition. About noon, general Carle-
ton threw open the gates of the city, and mar-
ched out with eight hundred regular troops to
give battle to the Americans. Universal con-
sternation now took place in the camp of the
besiegers. They had already began their re-
treat, and were so dispersed at Point Levi, the
Isle of Orleans, Beau Port, and other villages,
that general Thomas could not collect together
more than three hundred men. Without at-
tempting to make any opposition, the Ameri-
cans abandoned their artillery, stores, baggage,
and every incumbrance ; and fled as fast as they
could in every direction. The king's troops
Avhich had just arrived, were not in a condition
to pursue them ; and so precipitate was their
flight, that not more than one hundred, inclu-
ding the sick, fell into the enemies' hands.
They retreated forty five miles before they stop-

70 NATURAL AND CIVIL

ped, having marched almost the whole night.
Supposing they were then out of the reach of
the enemy, they halted a few days and proceed-
ed to Sorel. On their arrival, their sufferings
were severe and extreme. Many of them were
broke out with the small pox, most were desti-
tute of provisions, and all of them had no other
money but the continental currency, which had
now lost all^ its credit in Canada. Some of
the Canadians proved kind and friendly to them
on their retreat, but most were averse
to affording them any assistance, or to having
any connection with them in their forlorn
situation. At Sorel they found four A-

merican regiments, and remained with them
till they were reinforced by the arrival of
.the other battalions. At that place, general
Thomas died with the small pox, and the com-
mand devolved on general Sullivan, who had re-
paired to Canada early in May.

During these transactions, Arnold had been
stationed at Montreal. In the beginning of Jan-
uary, the Congress had appointed him u briga-
dier general ; and on April the first, when
Wooster went to Quebec to take the command,
Arnold was directed to reside, and take the
direction of afiairs at Montreal. A party of the
Americans, amounting to three hundred and
ninety men, had been posted at the Cedars, a
small fort, forty three miles above the city, un-
der the command of a colonel Beadle. A de-
tachment of the British, under the command .of
a captain Foster, had come down from the lakes
against this place. It consisted of forty British
soldiers, one hundred Canadians, and about five

HISTORY OF VERMONT. 71

hundred Indians ; but they were armed only
with musqiiets. Beadle, in a pusillanimous
manner, abandoned the command of the fort to
a major Butterfield, and repaired to Montreal for
a reinforcement ; and Butterfield, with an equal
want of spirit, surrendered the fort and garrison
to Foster, on the fifteenth of May. Major Hen-
ry Sherburne, a brave and able officer, was de-
tached from Montreal with one hundred and
forty men, to relieve the post at the Cedars.
Before Sherburne arrived, Butterfield had sur-
rendered, and his small party was surrounded
and taken prisoners by the savages. Many of
them were sacrificed to the savage fury, butch-
ered by the tomahawk, or barbarously wounded
and maimed after they had surrendered. Fwen-
ty were killed in cool blood, and seven or eight
were carried off by the Indians ; the rest were
stripped almost naked, drove in that siluation to
the fort, and delivered to captain Foster. To
check this scene of conquest and barbarity, Ar--
iioid marched for the Cedars, at the head of
eight or nine hundred men. To save himself
and his garrison, Foster acqniiinted Arnold, that
if he would not agree to a cartel, which Sher-
burne and the other officers had been required
and agreed to sign, but moved on to attack him,
the Indians would immediately proceed to put
every prisoner to death. Arnold hesitated, and
was much averse to such a measure ; at length
he agreed to it, as the only expedient to save
the prisoners from an immediate massacre. A
cartel was concluded and signed the twenty
seventh of May, for the exchange of four hun-
dred and seventv four Americans who had been

'n NATURAL AND CIVIL

taken at the Cedars, and that four American
capvtains should re;nain as hostages, till the pri-
soners were exchanged. The ihre^tnings of
Foster, his avowal of an universal massacre of
the Americans, and the actual murder of several
of them after their surrender, were deeply re-
sented by Congress. They resolved that Ar-
nold's agreement was nothing more th^ a spon-
sion that might be annulled or confirmed by
them, as he had no power to dispose of prison-
ers not in his possession, or under his direction ;
they refused to return the British prisoners on
their part, till the British commander in Cana-
da should deliver into their hands the perpetra-
tors of the murders committed on the American
prisoners ; and make indemnification for the
plunder of the prisoners, contrary to tl>e articles
of capitulation. At the same time they cashier-
ed Beadle and Butterfield, and declared them
incapable of ever bearing a commission again,
in the American armies. It would be difficult
to reconcile eitlier the proceedings of Foster, or
the resolves of Congress to the maxims of mili-
tary honor ; it was however necessary for Con-
gress not to acquiesce in the practice of Indian
massacres, or to allow the British king or officers
to adopt those barbarities, or to avail themselves
of the insolence and arrogance with which they
affected to treat the American rebels.

The force destined for Canada consisted of
several British and German regiments, and
amounted to thirteen thousand men ; by the
latter end of May, the whole of the troops had
arrived at Quebec. The ceneral rendezvous
y^'-ds at Trois Rivieres, about half way between

HISTORY OF Ve6M01>TT. 7^

Quebec and Montreal ; but the British and
Brunswick troops were at that time miich scat-
tered. A considerable body was at Trois Riv-
ieres, under general Frazier ; another, lay neait
it on board the transports, under general Nesbit.
But the main body under the generals Carleton,
Burgoyne, Pliilllps, and Reidesel, were in several
divisions by land and water, on their way from
Quebec. From the situation of the enemy and
the intelligence which had been procured, gen-
eral Sullivan, on whom the command had de-
volved on the death of Thomas, concluded it
was practicable to surprise the British advanced
party at Trois Rivieres ; and appointed an ex-
pedition for that purpose, under general Thomp-
son. On June the seventh, Thompson embark-
ed at Sorel, with eighteen hundred men, in fifty
boats. Coasting along on the south side of what
is called the lake St, Peter, where the river St.
Lawrence spreads to a great width, they fell
down to Nicolet ; and from thence, descending
the river by night, passed Over to the other side,
with an intention to surprise the troops at Trois
Rivieres, under general Frazier, by a strong de-
tachment, which was to assault each end of the
village at the same time. Their plan was to
land nine miles above the town, so early as to
march down in the night, and commence the
attack a little before day break ; but unavoid-
able delays prevented their being able to land
till near day light. This delay proved fatal t6
their whole scheme ; for although they had es-
caped the notice of the ships, they were discov -
ered by some of the British troops on th^ir land-
'ing. Having lost their way, the Americans

VOL. II. I

74 NATURAL AND CIVIL

became entangled' ip swamps and bad grounds
and in that situation were attacked by general
Frazier's troops, and thrown into confusion* Ifi
the mean time general Nesbit was landing his
troops from the transports, directly ia the way
in which they must return, so as to cut off the
communication with their boats. In these des-
perate circumstances they were nearly surround-
ed by the enemy, and no way of safety remained
but to sun-ender to the British, or to disperse,
and let every man shift for himself. The latter
was preferred, and they made their way into the
woods, where they found a shelter from the pur-
suit of the enemy. The next day about ten
o'clock, the American troops began to collect,
and the day after, June the tenth, about sun set,
they arrived opposite to Sorel. In this ill judg-
ed and unfortunate expedition, the British suf-
fered but very little ; nor was the loss great on
the American side. General Thompson, colonel
Irwin, and some other officers, with a number
of men, fell into the enemy's hands ; but few-
were slain on either side. The person who had
the care of the boats removed them to a place
of security ; and nothing more was taken by
the enemy, than the prisoners which they pick-
ed up in different places ; these amounted, when
they were all collected, to about two hundred
men.*

While the Americans were thus unfortu-
nate and retreating from every part of Canada,
general Carleton conducted with much humanity
and discretion. The American officers who were

^* Gerdon. Vol. U, p, 6;. Murray. V«l. II, p. 69. Jwwllit. V^i,

HISTORY OF VERMONT. 75

roade prisoners in Canada, he sent on board a
vessel to Nevv England, on their parole of hon-
or ; and supplic^d them with every thing requi-
site to make their voyage agreeable and pleas-
ant. The other prisoners amounted to about
eight hundred ; these were called upon to take
an oath not to serve during the war against
Great Britain, unless they were properly ex-
changed ; those that were almost naked, were
decently clothed ; and they were then sent by a
flag to the American commanders. A number
of the sick and wounded were scattered about in
the woods and villages, destitute of every com-
fort of life, and in extreme danger of perishing
through want. To prevent the melancholy
fate that awaited these wretched men, Carieton
issued out a proclamation, commanding the
proper officers to find them out, and afford them
all necessary relief and assistance at the public
expence. And that nothing might be wanted
to make their relief compleat and encouraging,
he assured them by his proclamation, that as
soon as they were recovered, they should be
sent back to their respective provinces. By
these acts of magnanimity and sound policy,
most of these unhappy men were preserved from
perishing. The officers and men returned to
their several provinces, announcing the praises
of sir Guy Carieton ; and avowing that no con-
siderations should persuade them to bear arms
ligainst the British, tillthey were fairly exchanged.
The American army in Canada was now
greatly inferior to the British, in riumber, artil-
lery, health, accommodations and every other
circumstance ; and nothinp- ■ remained for them

7$ NATURAL AND CIVIL

but to make as expeditious a retreat as possible.'
The kings forces having assembled at Trois
Rivieres, proceeded by land and water to Sorel,
where they arrived June the fourteenth, in the
evening ; a few hours after the rear of the A-
mericans had left the place. A considerable
body was landed, and the command of the column
was given to general Burgoyne ; with instruc-
tions to pursue the American troops up the riv-
er to St. Jolms, but not to hazard any thing till he
should be joined by another column. On June
the fifteenth geueral Arnold with his troops left
Montreal, and having crossed the river St. Law-
rence at Longuil, marched for Chambly. A
large part of the British fleet and army had sail-
ed for Montreal, and had not the winds prevent-
ed, would have arrived at the city about the time
that Arnold If ft it. The American troops hav-
ing assembled at Chambly, engaged with much
spirit and resolution to save their artillery and
stores. Many of the men were still under the;
operation of the small pox, but they readily
plunged into the water to drag their baiteaux,
loaded with' cannon and baggage, up the rapids.
This service was attended with much difficulty
and danger, and could not be effected otherwise
than by the bodily strength of men, who were
>2p to their rniddle in water. In this way, with
much resolution ^nd expedition they drew more
^an one hundred batteaux, heavily loaded, over
the fc'.lls and r:.])ids of the river Sorel. Having
thus saved their artillery and stores, they set fire
to the tia\y mills, to three vessels and three gon-
dolas, and to all the boats which they could
not bring off j and so closely vvere they pursued,

HISTORY OF VERMONT. 77

J;hat the British were entering one end of Cham-
JDly, while the Americans were marching out a^
the other. On the eighteenth general Burgoyne
arrived at St. Johns in the evening. The A-
mericans had taken away every thing that coul4
be transported, and set fire to the barracks and
forts : A major Bigelow remaining with about
forty men till the works were destroyed, at
dusk pushed ofF in his boats to Isle aux Noix,
to which place the American army had repaired.
From the Isle the army proceeded in safet}^, and
without any danger of a pursuit, to Crown
Point ; and remained masters of lake Champlain,
the British not having been able to bring any of
their vessels over the rapids and falls at Chambly.
A retreat had seldom been effected in more
disastrous circumstances, or in greater precipi-
tation ; and yet the loss of stores and men were
too inconsiderable to be detailed. When Sulli-
van took the command of the troops, he found
them reduced to the lowest state of distress by
defeat, the loss of their generals and men, sick-
ness, want of provision, cloathing and almost
every necessary of life. He labored incessantly
to relieve their wants, to restore their spirits,
^nd to reduce them to order and discipline. And
by the assistance of Starks, Poor, Wayne, and
other excellent officers, had succeeded in making
a safe retreat before a far superior British army,
and bringing his army safe to Crown Point.
On June the seventeenth, Congress had appoint-
ed general Gates to take the command of the
army in Canada. When he arrived at Crown
Point, he found the army in a safe, but in a very
reduced situation. The number of troops whicK

n NxVrURAL A'ND CIVIL

had been ordfei-ed to Canada, were ten regi.
ments ; by the returns, the whole now amounted
to $igven thousand and six. By the losses which
had been sustained at Quebec, Trois Rivieres,
the Cedars, the retreat from Canada, with th6
deaths and desertions which had telken place, th^
northern army had been greatly diminished*
The small pox still prevailed, not a cannon was
mounted, of any preparation made fof defence ;
nor had the men yet recovered from the labofsl
and hardships of the retreat. Sullivan resigned
the command to Gates, and on July the t\velfth
left the place. His conduct had been so ac-
eeptable to the army, that the field officers, in
their address, bore this testimony to his merit :
*- It is to you, sir, the public are indebted, for
the preservation of their propert}'- in Canada. It
is to you we owe our safety thus far. Your hu-
manity will call fori'h the silent tear, and grateful
ejaculation of the sick ; your universal impar-
tiality will force the applause of the wearied sol-
dier."^ The American Congress joined in >
their approbation pf his conduct, and return-
ed him their thanks for having saved their army
in Canada when encumbered with almost insu-
perable diiiiculties, and made so judicious a re-
ireat.

The business of Gates was now to re-
cruit his arm}^ to restore them to health and
spirits, to provide them v/ith clothing and ne-
cessary accommodations, and to prepare for de-
fence ; and in these pursuits he discovered great
activity and prudence. The first business of

HISTORY OF VERMONT. 7f

the army was to take a situation that could not
be easily reduced by the enemy ; and it was the
unanimous opinion of a council of war, not to
erect fortifications, or make their stand at Crown
Pohit, but to take their post on the strong ground
opposite to the east point of Ticondefoga. By
the end of July their affairs began to bear a more
encouraging aspect,. A general hospital was
fstabhshed at fort George, at the south end of
that lake. Those that were ill with the small
pox were sent to the hospital, and the army be-
gan to be free from that disorder. To avoid
the contagion, the recruits wer^ directed to as-
semble at Skeensborough, and by the end of
July they began to come in, m considerable
Jiumhers. On the sixth of August, a body of
^ix hundred men arrived from New Hampshire ;
and the army was constantly improving in health,
discipline and numbers ; and were active and
vigorous in enlarging and improving tlieir works
of defence.

In addition to the labor and expence of put-
ting Ticonderoga into a proper situation for de-
fence, another object of equal importance en-
gaged their attention at the same time : It was
equally necessary to preserve the command of
lake Champlain, by the construction of a supe-
rior n;3val force. In the prosecution of this bu-
siness the Americans labored with uncommon
diligence and perseverance, but under compli-
cated and immense difficulties. Their timber
was to l)e cut down in the woods, and dragged
by the men to the place of use ; much of their
artillery, their ammunition, stores, and most of
the- materials for a naval equipment, were to be

so NATURAL AND CIVIL

brcught from a grcnt distance ; and must be
transported by a land carriage, over roads almost
impassable. Carpenters and ship builders were
fiilly employed in the sea ports, in fitting out
privateers. The distance and difficulty of the
communication rendered the transportation of
bulky articles very expensive and tedious ; and
several of the 'articles which were w^anted, were
not to be procured at all, or widi great deficien-
C}^ of quantity and quality. But amidst all their
difficulties, such was the resolution, industry and
perseverance of the men, that by the eighteenth
of August, they had equipped a very considei*'
able naval force. It consisted of one sloop,
three schooners, and five gondolas, carrying fifty
five guns; twelve, nine, six, and four pounders ;
besides seventy swivels.* This armament was
manned v/ith three hundred and ninety five men,
and was completely fitted for action. Consid-
ering the state of the country at that time, the
difficulties and disadvantages under which this
iiaval force had been constructed, instead of
enquiring why the Americans did not effect
more, the surprise wiH be how they could effect
so much, in so short a time.

At the north end of the lake, the British had
been also drligerit and much engaged in forming
a fleet, which should give them the superiority
and enable th^ir army to pass over tlie lake and
attempt the reduction of Crown Point, Ticon-
deroga and Albany. Not only their troops and
sailors, but a large part of the Canadians were
employed all the summer in this business. Six
armed vessels had been built in England, and

* G-ordon. Vol. 11, p. 141.

HISTdRY OF VERMONT. SI

sent over to be employed on the lake. It was
found impossible to c6nvey them up the foils of
Ghambly, and no othei* . way remained but to
take them in pieces, and in that form to carrj--
them over the rapids, and then put them together
again. A gondola, weighing thirty tojis, thirty
long boats, a number of flat bottomed boats, and
four hunctred batteaux, had also been dragged up
the rapids. At length in the beginning of Oc-
tober, the British fleet were prepared to enter
the lake. This ftedt consisted of the Inflexiblcj
which had b6en re-constructed at St. Johns, in
twenty eight d^lys from the time of laying her
keel ; and mounted eighteen twelve pounders ;
the schooner Maria, mounting fourteen six
pounders .; ttie ' Carletdb , carry ing twelve * six"
pounders ; the Thunderer, a flat bottomed ra-
^eaii, with' six" tv/enty' four pounders, and. six
twelve pounders, besides two howitzers ; some
gondolas, navmg seven nine pounders ; twenty
gun boats, carrying each a brass fi'e.ld piece:,
from nine to twenty four' pounders, and some
with howitzers ; and four long boats, with each
a carriage gun, serving as armed tenders. These,'
amounting to thirty one in number, werie allde-.
signed apd prepared for attack and battle ; and
were t6 be followed with a vast number of ves-
sels, batfeaiix and' boatis, consitructed for the
transportation of the royal army, ^ with its stores,
artilleiy, baggage and provisions.^

The armament was conducted by captain'
Pringle, and the fleet navigated by seven hun^'
dred prime seamen, of whom tv/o hundred were,
"/olunteers from the transports. Having rivalled"

♦ Gordon. V©1. II, p. 14^.- *

VOi,. II. K;

^ NATURAL AND CJVIL

the crews of the ships of war 5b all the toils ot
the preparation, these men now boldly and free-
ly offered to join with them io the dangers and
conflicts of the expedition. The guns were
served by a detachment of men and officers be-
longing to the corps of artillery. And no equip-
ment of the kind was ever better appointed, or
more amply furnished with all kinds of provi-
sions, necessaries, and conveniences. This
force far' exceeded any thing the Americans had
been able to provide. In the number and
strength of the vessels, in the number of guns,,
the implements of y/ar, the weight of the metal,
and number of men, the strength of the British
was double to that of the American fleet. Thus
w^as lake Champlain, which from the first set-
tlement of the European colonies had been the
seat of war and contest, in the year 1776, cov-
ered with fleets, w*hich in former times would
have been esteemed a respectable force upoR
the European seas.

Th e American fleet was put under the com-
mand of general Arnold, and in the latter end
of August, sailed down the lake to reconnoitre
and gain intelligence ; and soon after was rein-
forced with a cutter, three gallies and three gon-
dolas, carrying from four to eighteen pounders ;
the fleet now amounted to fifteen vessels. On
the eleventh of October general Carleton pro-
ceeded up the lake with the British fleet, and
discovered the American armament posted in a
Very advantageous situation, andforminga strong
line to defend the passage between the island
Valcour and the western main. This island
lies between the south Hero and the town of

HISTORY OF VEIIMONT, U

Feru, in the state of New York ; and is very
near to the channel, through which vessels navi-
gating the lake, must always pass. The Ameri-
cans had placed themselves with so much inge-
nuity behind this island, that their situation was
discovered by accident. The British were a-
ware of their superior strength, and pushed on
to the contest. A warm action ensued, and
was maintained with great spirit and resolution
on both sides for some hours. The wind was
unfavorable to the British in this battle, so that
the Infle:5Cible, which was considered as the ad«=
miral's ship, and some other vessels of force^
could not be brought into action. The severest
fire was directed against the schooner Carleton^
and the gun boats ; which were attacked by the
Americans with a daring impetuosity an4 reso-
lution, and defended by the British with an un-
daunted firmness and success. The wind con-
tinuing unfavorable, captain Pringle, with the
approbation of the general, thought it best to
withdraw the vessels that were engaged, from
the action ; and as the night approached he
brought the whole fleet to anchor in a line, and
as near as possible to the Americans, to prevent
their escape. No greater exertions pf deter-
mined coui*age and unalterable firmness ever
can be made, than what were displayed by the
officers and men on both sides, on this occasion,
Amo^ig the Americans, general Waterbury, in
the Washington galley, was in the severest part
of the action. All his officers, excepting one
lieut:enant and the captain of the marinesj were
killed or wounded ; he fought himself on the
quarter deck the whole time, and brought off'

S4 NATURAL AND CIVIL

his vessel, though shattered and almost torn t(^
pieces.

The result of this action had been in favor of
the British, but less so than they expected.
Their fofce, in every respect, was double to
that of the Americans, and ihey did not suspect
that they would dare to dispute with them for
the naval superiority on the lake ; but they had
met with an animirted opposition, and considerable
loss ; two of their gondolas were sunk, and one
blown up with sixty men. The Americans had
one of their schooners burnt, and a gondola
3unk, and several, of their vessels much injured.
Arnold thouefh resolute and ambitious in the
highest degree, was convinced that the British
force was so much superiour to his own that it
couid not be attacked with any prospect or suc-
cess, and: must in the event prevail. His en-
deavour now was to draw off his yessels, and
■under cover of the night to make a safe retreat
to Tyconderoga. This measure was plannec]
.and executed with ability, and so far succeeded
that the next morning his vessels were out of
^^ght of the British. Fearful of loosing a deci-
sive victory, ^le British commenced the chase
the next day, and one of the American gondo-
las ^as overtaken and Ciiptured. On the thir-
tcerjth of October the wind pro\'ed favon:ble
to the British ; they renewed the chase \'\ith
much vigor, and about noon overtook the Amef-
ican vessels, a few leagues from Crown Point.
A warm engagement Ensued ; the British pres-
sed on with energy and resolution, and the A-
mericiins mi.de a desparate resistance. The
Washington galley, commanded by general

HISTORY OF VERMONT. 8|

Waterbury, the second in CQtnmand, had l^erii
so much sliattered and had so many killed in
the foraiier engagement, that she was obliged t^
strike after receiving a few broadsides. Arnold
was on board the Congress galley ; this vesse^
was attacked by the Inflexible and two schoon-
ers ; two of these were under her stern, and the
other op her broadside, within musquet shot.
The whole British fleet kept up an incessant fire
for four hours, with round and grape shot, which
was briskly i;eturned by the Americans. Arnold
found that no exertions of courage or skill
would enable him to withstand the superior
force and fire of the enemy ; and determined
that his men should not become their prisoners^
nor his vessels trophies of their yictory. And
such was his resolution and dexterity, that lie
not only covered the retreat of the vessels that
escaped, but he ran the Congress galley with five
of the gondolas ashore, in such a manner, as to
land the men safely and blow up the vessels, in
defiance of every efibrt the British could make
to prevent it.

But few battles, had ever been fought ia
Avhich the military virtues of coinage, resolu-
tion, and heroism, had been better supported^
or more generally displayed. The British ob-
tained the victory, and had destroyed the fleet
of their enemies ; the Americans made a most
obstinate resistance, escaped oiit of their hands.^
and fully convinced them that in no other way
but that of superior force, could they ever hope
to prevail or effect any of their purposes. Ar-
nold in this action, fully supported the character,
which he had before acquired ; or rather abided

«6 NATURAL AND CIVIL

to tbc celebrity of his reputation. He had be-
fore shown that he was a brave and undaunted
tsoldier, and he had now executed the duty of
an able naval commander. The Americans,
though unfortunate, gloried in the dangerous
attention that he paid to a nice poin\ of honor ;
he kept his flag flying, and would not quit the
Congress galley, till she was involved in flames,
so that the enemy could neither board her, nor
strike her flag. The event however was, that
after the action, the American fleet consisted
only of two gallics, two schooners, one sloop,
and one gondola.*

Lake Champlain was nov/ recovered by the
British, but their great object was to reduce
Crown Point, Ticonderoga, and Albany ; and
thus effect a coalition with the British army at
New York, ui)der the command of general
Howe. This, it was supposed, would give them
the command of Hudson's river, cut off the
communication between the northern and southr
cm colonies, leave the New England provinces
to the mercy of Britain ; and thus go far to pift
«n end to what they called the rebellion, and of
xvhich they "supposed New England to be the
main support. And had general Carleton, upon
the reduction of the American fleet proceeded
immediately to Ticonderoga, he would have
found that place not v.ell prepared for resistance,
or in a situation to have long sustained a regular
siege. But on October the fourteenth, the wind
came about to the southward, and blew fresh
from the south for eight days, which made it
impracticable for the British fleet to proceed up

* Corian. Vcl, II, p. 146. Murray. V«l. II, p. 15G,

HISTORY OF VERMONT. »7

the lake ; and Carleton found it necessary^ to'
land his army at Crown Point. The Ameri-
cans, on the defeat of their fleet, had set fire to
tftiis fortress, destroyed every thing they could
not carry away, abandoned the place, and re-
treated to the naain body at Ticonderoga. At
that place they were much engaged in strength-;
ening their works, and preparing for defence.
In eight days they had made carriages for forty
seven pieces of cannon, and had them properly
mounted, surrounded their works with abattis,-
done much on their entrenchments, received
considerable reinforcements, and put things in a
readiness for defence on every quarter. Gen-
eral Gates was now twelve thousand strong ;
the men were eifective, and the most that had
been sick were recovered. In this situation he
was not unwilling that general Carleton should
make an attempt to carry the place, at that late
season of the year.

That wise and judicious commander did
not however move his army from Crown Point,
but remained there nearly a month, till the ap-
pearances of xvinter began to take place. De-
tachments and reconnoitring parties advanced at
one time on both sides of the lake, and proceed-
ed within a small distance from the works ; and
at the same time some vessels approached with-
in cannon shot of the forts, examined tlie direc-
6on of the channel, and sounded its depth. It
was supposed the British general was proeurkig
the necessary information in order to move on,
and make a general assault ; but the apparent
strength of the works, the difficulties that would
attend a regular approach, the countenance of

88 NATURAL AND aVlK

the*''Amcricans, and want of information respect '
ing their real numbers and strength, with the
lateness of the season, and the near approach of
the severities of an American winter, seems to
Irave prevented any such attempt. At the end
of about one month, Carleton re-embarked his
vrmy and returned to Canada, without making
any attempt for the reduction of Ticonderoga ;
the same day ij^eneral Gates dismissed the mili-
tici, and all »nilitary enterprises were terminated
on ln'xc Champlain for that year.

The events of the war during this campaign,
had been greatly unfaA'orable to the American
cause and iiiterest. At the northward, sir Guv
Carleton lud recovered the whole province of
Cmada, destroyed the American fleet, and forced
their northc-rn army to repair for shelter to Ti-
co-.ideroc^a. At Nev\^ York, general Howe had
defeated, the Americans with great success and
slaughter on Long Island; driven' them from'
the city and island of New York, and- the ad-
jacent coiinties=; captivated their forts, men, and
mnga^ines ; made their favorite general Lee a
prisoner, and taken possession of the province
of New Jersey, and the rich country that was
surrounded by water in the colony of Rhode
Island. The on]}^ successes that had been ob-
tiiined b}- the American armies had been in the
defeat of sir Peter Parker and lord Cornwallis,
in their attack upon Sullivan's Islandj in the
harbor of Charlcstown, South Carolina ; and in
the action at Trenton, in Avhich general Wash-
ington had captivated one thousand of the Ger-
man troops. It every where appeared that the
ainnies and fleets of Britain, were superior in"

HISTORY OF VERMO>7T. ' 89

Jhumbers, discipline, strength, and every milita-
ry accommodation and equipment, to any force
that the Americans had been able to bring
against them. The fate and the reward of the
American rebellion, said the British ministers
and parliament, is at hand ; and for the good of
the nation and the colonies, it must be exem-
plary .and severe. And whoever computed the
^vent by the , natural course and operation
of things, could scarcely avoid concluding that
the contest mnjjt soon terminate in the entire
subjection of. the colonies^ and in the compleat
establishment of the power and sovereignty of
Great Britain.

Amidst these misfortunes and disasters, the
Americans discovered a firmness of character j,
^nd a steadiness of pursuit, equal to any thing
that is to be found in the virtue or hardihood of
antiquity. It was while their armies were weak,
defeated and dispirited ; when their enemies
were strong, powerful and gaining the victory ;
at the moment when an immense fleet and army
of English, Scotch, Irish, and German troops,
were pooring into their country, that they form-
ed the resolution to dissolve all political connec-
tion with the British king and nati/on ; and to
declare themselves- i^r«?c and Independent States.
in defiance of every risk and danger, surrounded
by victorious fleets and armies, uncertain of any
foreign assistance, on July the fourth, 1776, in
the name and by the authority of the people of
the colonies, they solemnly published and de-
qlared, " that the united colonies are, and of
*' right ought to be, Free and Independent
''^ States, and that they are absolved from all'

VOT.. li, 1/

^ NATURAL AND CIVIL

'^ allegknce to the British crown, and that ali
" political connection between them and the
** state of Great Britain, is, and ought to be,
*^ totally dissolved." Having made this decla-
ration, neither the threatnings or the speeches
of the British king or parliament, the insidious
arts of their ministers and commissioners, or the
victories and ravages of their fleets and armies^-
could make any impression to shake theii- reso-
lution, or abate their perseverance. They had
determined they would not be subject to a king,-
parliament and nation, that would arm the N'e-
groes, Indians and Germans, to destroy and sub-
due them. To this determination they steadily
adhered amidst every defeat or success, promise'
or threatning, good fortune or bad. And in the
most distressing situations and prospects to
which they were ever reduced, nothing altered
or abated their lesolutions- or viev/s. At no
time, and on no occasion did the Congress, the
government of any one of the states, a single
county, city, town, or village, deviate from the
general resolution ; or ever propose or express
to the enemy, a design or wish for reconciliation
or accommodation, on any other terms than
those of Independence.

The Grecian vivacity, or the Roman inso-
lence, may have produced a higher tone of af-
fected haughtiness ; but in what part of ancient
or modern history shall we find the country, the
time, the place, or the occasion, in Vv^hich politi-
cal virtue and magnanimity acted with more de-
cision, was carried to a greater extent, or was
marked with a more dignified aspect ? With a
calm, ^serene, determined virtue and perseverance, >

HISTORY OF VERMONT. 9i

sthe Congress proclaimed that the United States
were, and should be, a free and independent na-
tion ; with unaltered firmness, resolution, and
intrepidity, Washington and the armies movecjl
on, fought, suffered and bled, to effect the grand
event. Corruption had not courage enough to
appear ; and as if the age of miracles was re-
turning, the time-serving politicians were forced
to act the part of good and virtuous citizens.

Of all their opposers, the United States had
the most to fear from sir Guy Carleton. This
able officer had taken a step, which did not seem
to have much engaged tlie attention of the rest j
he had brought his moral virtues into the con-
test. Every part of his conduct denoted the of-
ficer of great abilities and honor, and tjhe man
of distinguished humanity and magnanimity.
His tenderness and friendship to his prisoners,
and the generous greatness of mind with which
he sent them back to tiieir respective provinces,
had made a strong impression, not oiily on the
affections of those Americans who had fallen
into his hands, but on the public feeling and
sentiment. Many observed with pleasure in
|iis conduct, those useful and amiable virtues
which they had been taught to expect and to
value under the names of British honor, integri-
ty, dignity, and manliness. Had the other British
commanders pursued the same line of conduct,
it would have been difficult to have persuaded
the Americans that they would find any thing
better under their own independence, than what
they might have enjoyed under British laws,
British government, and British honor. But
these impressions were altogether done away

92 NATURAL A*ND CIVIL

by the conduct of the troops tmafer sir William
Howe, or rather by the Hessians, Waldeckers,
and other German auxiliaries. Cruelty, pilfer-
ing, rape, destruction and plunder, rnarked their
steps and their abbde. 'Wherever they came,
neither property, chastity, nor personal apparel,
seemed to be safe for a moment. Such were
their brutal m.anners, their ferocious tempers,
and their habits of plunder and pillage, that they
became every where hated and avoided. And
it yet remains a problem, which would hav6
been the greater evil to the Atnericans, to have
fallen into the hands of the Senecas and Mo-
hawks; or into those of the Hessians and Wal-
deckers. So compleatly odious were these
troops, that the whole country wisely detern^n-
ed to perish in the contest, or to clear their
country of the foreign barbarians.

Carle TON 'only, seemed to understand the
American character and habit, and how it might
be manaered to the advantage of the British
cause. The inhabitants in the vicinity of lakes
George and Cliamplain, were much in fear that
the former scenes of an Indian warfare, burningj
scalping, and plundering, would again be renew-,
ed on the lakes. Carleton took much pains to
prevent this method of carrying on the war.
lie encouraged the Indians to assist his troops,
to kill all they could in battle, and to take as
many prisoners as possible ; but he laid tlieni
tinder strict orders not to kill or scalp their
prisoners on any occasion. When he found
that he could not restrain them frOm*these in-
human cruelties, he kept up- the dignity and
maiUiness of the soldier, and dismissed his Ihdiaii

HISTORY OF VERiMONT. ^3

allies ; declaring that he chose rather to be
without their assistance, than to carry on the
war in that savage manner.* This conduct
procured the applause, not only of the Ameri-
cans, but of all Europe. It was only among
some of the politicians and speakers in the
British ministry and parliament, that any men
were to be foufid sufficiently savage to call for
more of the Indian barbarities, and to censure
the conduct of a British governor, because he
would not put them in practice. Unfortunately
for the British minister and parliament, the evi-
dence of their sentiments, and their avowal
of the Indian inhumanities, will remain forever
In the historical accounts of the parliamentary
iliroceedings of that day.

♦ Mv'rray, Vol. II, p. ^97. Smollet. Vol. V. g. 339.

$4. NATURAL AND ClVlh

CHAPTER IV.

^ W E R 1 c A w W A R . Progress and events of the
war in the year 1777. General Burgoym^
(ip pointed to the command of the troops in Can-
iida. State of the army under his command.
Expedition to the Mohawk river. Burgoyne^^
arrwal and speech to the Indians at Boquet
■fiver. Invests the forts at Ticonderoga. Evac-
uation of the works by St. Clair. Battle of
. Huhhardton. Destruction of the American
works and vessels at Skeensborough. State
fifthe American army at fort Edward. Ex-
ertions of the New England States to oppose
Burgoyne. Victory of general Starks at Ben-
nington. Defeat of Herkimer at fort Stan-
wix. St. Dedger abandons the siege. Cruel-
ties of the Indians, aiid murder of Miss M^Rea.
Proceedings on lake George. Burgoyne pas-
ses Hudson's river. Battle of September the
nineteenth. Defeat of the British army on
October the seventh. Retreat of Burgoyne.
Distress and surrcjid^jr of the royal army. Citi-
zens of Vermont return to their settletnents and
civil occupations.

\111. THE transactions of the last
campaign h:id served to g-ive to the Americans,
a hig-h idea of the abilities and wisdom of sir
Guy Carleton, and the general apprehension was,
that the United States had more to fear from
the exertions of this officer, than from any other
of the British commanders. His conduct how-
ever, while it carried conquest and conciliatioii ^

HISTORY or VERMONT. 9^

ill America, did not seem to have given full
satisfaction to the Britibh ministry. I'hey \\ere
liot pleased with his restraining the Indians, arid
liot suffering them to carry on the war in their
iiitstomar)'- manner of plundering, burning and
scalping ;* and th'ey had such extravagant ideas
bfthe force and prowess of the British troops,
that they had flattered themselves that as soon
as the royal armies were set in motion, the con-'
test would be decided, and the American rebel-
lion crushed in the course of one campaign.
Little acquainted with American affairs, and
extremely sanguine in all their plans and ex-
pectations, they formed their arrangenients for
a new campaign, without so much as consulting^
general Carleton, by far the most able of a!!*
their generals in America. They formed their
plan without any reference to his judgment, and'
ih the execution left nothing to his opinion of'
discretion ; but assigned the command in Cana-
da, and on the lakes, to lieutenant general Bur-
goyne. This offifcer seems to have been a fa-
vorite with the British ministry ; he had per-
formed some gallant actions in Portngal, and
was distinguished as a scholar and a courtier.
His abilities in his military profession had not
been called in question ; and his fondness for
enterprise and thirst for military glory, though
it might be equalled, could not be exceeded.
Nothing however, had taken place in the course
of his services, that could have lead the British'
minister to conclude that he excelled general
Carleton, either in wisdom, exertion, address,
or soundness of judgment.

• Murray. Vol. II, p. 298. Smftlkt. Vol. V. p. 340,'

96 NATURAL AND CIVIL

The regular force allotted to this expeditiott>!
amounted to seven thousand one hundred and
thirteen men, British and Germans, exclusive
of the corps of artillery ; of these, the Germans,
consisting mostly of the Brunswick troops,
amounted to three thousand two hundred and
i^eventeen. Large additions were . expected
from the Canadians and Indians ; and arms and
accoutrements were provided in great quantities
to supply the royalists, who were expected to
join the British troops in large numbers, as soon
^s their army should have advanced within the
frontiers of the United States. An excellent
and compleat train of brass artillery was fur-
nished for the campaign ; and it was said by
the British, that a more compleat boc>y of offi-
cers and men had never been seen in anj'' army
not more numerous than this. In the execution
of the proposed operations, Burgoyne was to be
assisted by eeveral of the most able and excel-
lent officers, who were then on the stage. A-
mong these were major general Phillips, of the
artillery, who had acquired much honor, by his
conduct under prince Ferdinand, in Germany.
He had the brigadier generals Frazier, Powel,
and Hamilton ; all of th-em officers who had
distinguished tliemselves by former services ;
and with the Brunswick troops, major general
Reidesel, and brigadier general Specht. The;
army in every respect, was in the best condition
that could be expected or desired ; the troops/
in the style of the army, were in high spirits,
admirably disciplined, and uncommonly healthy^

To favor the operations of the commander
ih chief, an expedition was projected ^ on the

HISTOKY OF VERMONT. 97

Mohawk river, by way of Oswego ; the com-
mand of which was given to colonel St. Ledger.
The troops designed for this expedition, amount-
kd to about eight hundred men. ' Two hundred
and twenty, were drawn from the eighth and
thirty fourth British regiments ; a regiment
raised in New York, under the command of sir
John Johnson, formed chiefly from the settlers
in his own vicinity on Mohawk river ; some
Hanauchassburs, a company of Canadians, and
another of newly raised rangers. These were
to be joined by a large body of Indians, to be
collected and conducted by sir John Johnson ;
the whole to be under the command of the
British colonel St. Ledger. The regular force
that was to be left in Canada, including the
highland emigrants, consisted of three thousand
seven hundred men ; these were designed for
the protection and defence of that province, and
were under the command of sir Guy Carleton.
The main army, under general Burgoyne,
embarked at St. Johns, and proceeded up lake
Champlain without any interruption ; and soon
arrived and encamped at the river Boquet, on
the west side of the lake, and a little to the
northward of Crown Point ; at the place now
called Willsborough. There tlie Indians had
also assembled, and general Burgoyne in con-
formity to their customs, gave them a war feast.
On June the twenty first, he made a speech, ad-
dressed to their chiefs and warriors, designed to
excite their savage ardor in the British cause,
and to give a direction to their cruelty and bar-
barity. He urged them to impetuosity in bat-
tle, but enjoined them not to kill any but those

VOL. II- M

98 NATURAL AND CIVIL

who were opposed to them in arms ; that old
men, woTTien, children and prisoners, should be
spared from the knife and hatihtt, even in the
midst of action ; that they should only scalp
those w ho were killed by their fire in fair Oppo-
sition ; bui th;tt under no prttence whatever,
should t;r:y sciup the wounded, or even dying,
and much less kill any in that condition. A
handsome compensation was promised, for all
prisoners they should i^ring in ; but if instead
of this they brought in their sCulps, they were
to be called to account.* The British generai
could not be so unacquainted with the estab-
lished customs and habits of the Indians, as to
expect that an elegtmt speech would have any
considerable effect upon them ; still it might be
useful to their cause, as it bore the appearance
of humanity, and might tend to abate the re-
proaches vvith which their conduct v/as loaded
in every part of Europe, for calling forth the
savage barbarities at all into the contest.

With regard to the Americans, the com^
mand in the northern department, had been as^
signed to major general Schuyler. It w^s fore-
seen that the contest M'ould be carried on in the
northern and western parts of the state of Nevv'
York ; and it was supposed that he was the
only man, who would have influence enough to
keep the inhabitants in those parts of the state,
united against 'the enemy. Four dc'iys before
Burgoyne made his speech to the Indians,
Schuyler arrived at Ticonderoga, but did not
find either the garrison or the works, in so res-
pectable a condition as he expected. Most of

* Appendix, No. II.

HISTORY OF VERMONT. 99

the recruits which had been ordered to that
place, had not arrived ; but little had been done
to repair or strengthen tne fortifications ; and
general St. Cl^ir, who had commanded, had not,
and did not dare to call in large numbers of the
Uiilitia, for fear his provisions should fail before
the arrival of a supply. H ivi ig inspected the
works, Schuv'cT kfi tlvj cofiimand with St.
Clair, and returned to furt Edward as a more
central situation.

Oh, the fourth of July, B .rgoyne issued out
a proclamation, designed to sp.ead terror among
the Americans ; and yffi ight those who were ac-
tive in the support of their cause and arms.
The niimber, power, and cruelty of the ludians,
was represented as extremely formidable and
threatning ; and their eagerness to be let loose
on their prey, was described with uncommon
energy. The accumulation of British power,
which was now displayed by land and by sea,
was declared to be ready to cm!)race or to
crush every part of America. The rebellion m
the colonies, and the conduct of their present
rulers, were painted in the most disgustijig and
awful colors ; and their leuders were charged
with repeated acts of the most unparalleled in-
justice, persecution, and tyranny. Encourage-
ment and employment were offered to those who
should assist the British king, in redeeming the
colonies from the oppressions of Congress, and
j-estoring them to the blessings of British liber-
ty and government. Protection and security,
but clogged with conditions, restricted by cir-
cumstances, and not very explicitly expressed,
were held out to the peaceable and industrious,

100 NATURAL AND CIVIL

who should remain in their habitations. And
all the calamities and horrors of war were de-
nounced to those who should any longer dare
to persevere in their hostility to the British king
and army.* Nothing had ever appeared in
America, in a style so affectedly pompous, tu-
mid, and bombastic. Instead of producing the
desired effect, and frightening the people into
submission, the proclamation was every where
the subject of derision and ridicule ; and trea-
ted as the production of ostentatious vanity, in-,
solence, and folly, not at all calculated to ope-
rate on the hopes or the fears of the people of
the United States. f

Having finished the business of speeches and
proclamations, the British general was employed
in more formidable operations. After a short
Stay at Crown Point for the establishment of
imtgazines, an hospital, and other necessary ser-
vices, Burgoyne moved on with his army to
Ticondero&-a. The state of the American fprts
and garrison at that place did net promise a ve-
ry long or vigorous defence. The old French
lines had indeed been strengthened with addi-
tional works, and a block house. On the left
towards lake George, other posts, with batte-
ries, and block houses had been erected ; ancj
to the right of the French lines, two new block
houses, and other works, had been added. On
the eastern shore of the inlet, and opposite to
Ticonderoga, the Americans had taken still
more pains in fortifying a high circular hill, to
which they had given the name of Mount In-

♦ Appendix. No. III.

•} Appendix No. iV. ,

HISTORY OF VERMONT. 10}

dependence. On the summit of this hill they
had erected a star fort, enclosing a large square
of barracks, well fortified and surrounded with
artillery. The foot of the mountain, which on
the west side projected into the water, was
strongly entrenched to its edge, and the en-
trenchment was well lined with heavy artillery ;
and a battery about half way up the mount, sus-
tained and covered these lower works. These
two posts were joined by a bridge of communi-
cation thrown over the inlet. This bridge of
communication was supported by twenty two
sunk piers of very large timber, placed near-
ly at equal distances ; the spaces between these,
were filled with separate floats, each about fifty
feet long, and twelve wide, strongly fastened to-
gether with chains and rivets, and as strongly
connected with the sunken pillars. The side
of the bridge next to lake Champlain, was de-
lended by a boom of very large pieces of tim-
ber, fastened together by riyitted bolts and dou-
ble chains, made of iron an inch and a half
square. By this work a communication was not
only maintained between the two posts, but all
access by water \yas totally cut off from the;
iiorthern side ;* but this arduous work for ob-
structing the navigation was not compleated.

But notwithstanding the apparent strength of
Ticonderoga, it was effectually overlooked and
commanded by a neighboring eminence called[
Sugar Hill, to which the Americans had given
the name of Mount Defiance. This s^mountain
by its height and proximity had such an entire
command both of Ticonderoga and Mount In-

* Murray, Vol. a, p. 306.

i02 NATURAL AND CIVIL

dependence, that an enemy might from thence
have counted the numbers, a:id enul: ded every
part of the ^\•o^ks, in either ol those places.
This circumstance was well known to the A-
merican officers, and they had a consultation a-
bout fortifying this mountain j but it was de-
clined because their works were already so ex-
tensive, that with the addition of what would be
proper on Sugar Hill,- they would require ten
or twelve thousand men for their defence ; a
greater number than could be spared for that
purpose, But the greatest difficulty that attend-
ed the defence of the place, was the smallness
of the garrison, Instead of a full compliment
of troops to man the extensive lines and defend
the numerous works, the whole force which St.
Clair had, consisted only of two thousand live
hundred and forty six continental troops ; aided
by nine Imndred militia, badiy equipped, worse
armed, and most of tliem without bayoncis.
St. Clair vvas in hopes t!:at Burgoyne's impetu-
osit\ would have led him to make a sudden as-
sault upon the place, which he expected to repel
with success ; but as soon as he was informed
of the numbers in his army, and that a regular
siege was intended, he was convinced that an
effectual defence could not be made by his
troops.

The royal army advanced with great celerit}',
but with much caution and order on both sides
of the lake ; the naval force keeping its station
in the center^ the frigates and gun boats cast
anchor just out of cannon shot from the Ameri-
can works. On the near approach of the right
■wing of the Bril;sh army on the I'iconderoga

tllSTORY OF VERMONT. 16^

sicle, on the second of July, the Americans at
bandoned and btt fire to thtir works, block
houses, and Sdtv mills, towards lake George ^
and wiihoiit making nny opposition, permitted
general Phillips to take possession of Mount
Hope. Tliis post commanded the Americait
lines in a gre.it degree, and cut off their com-
municatiDn with Icike George. The Americans
on this (jccasioii were charged with supineness,
andvvait ol vigor. Their inactivity arose not
from want of cour;;ge or incapacity, but from
imbecility ; they hid not men enough to make
any elftctual opposition to the powerful force<
widi wliieh the}' were surrounded.-

In the mean time, the royal army proceeded
"Vvirh such expedition in the construction of their
vvorks, the bringing up of artillery, stores, and
provisions, and the establishment of posts and
communications, that by the fifth, matters Were
so far advanced as to require but one or two
d.H'^s more completely to invest the posts on
both sides of the lake. Sugar Hill had also
been examined, and the advantages which it
presented were so important that it had been re-»
solved to take possession, and erect a batteiy
there. This work, though attended with ex-
treme labor and difficulty, had been carried on
by general Phillips, with much expedition and
success. A road had been made through a very
rough ground, to the top of the mount ; and
the British v/ere at work in constructing a level
for a b^Utery, and transporting their artillery.
As soon as this battery should be ready to play,
the American works would have been com-
pletely invested on every side.

104 NATURAL AND CIVIL

In these circumstances a council of war- was
called by St. Clair. He was convinced that it
lyas absolutely necessary to evacuate the place.
The council were informed that their whole ef-
fective number was not sufficient to man one
half of the works ; that as the a\ hole must be
constantly upon duty, it would be impossible
for them to support the fatigue for any consider-
able length of time ; that general Schuyler, who
"Was at fort Edward, had not sufficient force to
relieve the garrison ; and that as the enemies
batteries were nearly ready to open, and the place
would be completely invested in twenty four
hours, nothing could save the troops but an im-
mediate evacuation of the posts. The general's
representation was admitted to be correct, and
k was unanimously agreed by the council to
evacuate the place that night. It was proposed
that the baggage of the army, with such artille-
ry, stores and provisions, as the necessity of the
occasion would admit, should be embarked with
a strong detachment, on board two hundred bat-
teaux, and dispatched undei' convey offivearm.-
cd gallies. up the south river to Skeensborough ;
and that the main body of the SLvniy should pro-
ceed by land, taking its route on the road to
Castlcton, which was about thirty miles to the
south of Ticonderoga ; and join the boats and
gallies at Skeensborough falls. It was thought
necessary to keep the matter a secret, till the
time should arrive when it was to be executed.
Hence the necessary preparations could not be
made, and it was not possible to prevent irregu-
larity and disorder in the different embarkations
and moA'ements of the troops.

HISTORY OF VERMONT. 105

. As out two o'clock in the morning of July
the sixth, St. Clair left Ticonderoga ; and about
three, the troops from mount Independence,
v/ere put in motion. A French officer, M. Fer-
moy, contrary to orders, set fire to his housCj
and the whole mount was soon enlightened by
it. This event afforded compleat information to
the enemy, of what was going forward, and en-
abled them to see every movement of the A-
mericans ; at the same time it impressed the
latter with such an idea of discovery and danger^
as precipitated them into great disorder and con-
fusion, many pushing off without much regard
to discipline or regularity. About, four o'clock^
colonel Francis, a Massachusetts officer, brought
off the rear guard in good order, and conducted
their retreat in a regular manner ; and soon af-
ter some of the other regiments, through the
exertions of their officers, recovered from their
confusion. When the troops arrivfcd at Hub-
bardton, they were halted for nearly two hours ;
and the rear guard was increased by many who
did not at first belong to it, but were picked up
on the road, having been unable to keep pace
widi their regiments. The rear guard was here
pat under the command of colonel Seth War-
ner, with orders to follow the army as soon as^
the whole came up, and to halt about a mile
and a half short of the main body. The army
then proceeded to Castleton, about six miles^
further ; colonel Warner, with the rear guard
and stragglers, remaining at Hubbardton.

The retreat of the Americans from Ticon-
deroga was no sooner perceived by the British^
t^han brigadier general Frazier began an eager

VOL. II. N

tm NATURAL AND CIVIL

pursuit of their mam body, with his brigade j:
consisting of the light troops, grenadiers, and
some other corps. Major general Reidesel was
also ordered to join in the pursuit, with the
greater part of the Brunswick troops, either to-
support Frazier, or to act separately, as occa-
sions and circumstances might require. Fra-
zier continued the pursuit through the day,-
and having received intelligence that the rear of
the American army was at no great distance,
ordered his troops to lie that night upon their
arms. On July the seventh, at five in the morn-
ing, he came up with the Americans. Warner
commanded, and had with him besides his omi
regiment, the regiments of colonels Francis and
Hale. The British advanced boldly to the at-
tack, and the two bodies formed v/ithin about
sixty yards of each other. Frazier began the
attack about seven o'clock, expecting every
moment to be joined by Reidesel. Hale, being
aware of the danger, never brought his regiment-
to the charge, but retired ; and Warner was
left to support the battle, with about seven or
eight himdred men. The conflict was fierce"
and bloody. Francis fell at the head of his re-
giment, fighting with great resolution and brave-
ry. Warner was well supported by his officers
and men, and behaved with the most spirited
resolution and gallantry ; and so imj^etuous was
his attack, that the Britisii troops broke and
gave way. They soon however recovered from
their disorder, formed again, and advanced upon
the Americans with' their bayonets ; when they,
in their turn, were put into disorder ; and the
event of the battle was critical and dubious. At

HISTORY OF VERMONT. 107

that moment, Reidesel appeared, with the ad-
vanced party of his cohimn. It consisted of the
chassieur company, and eighty grenadiers and
light infantry, who were immediately led into
action. The fortune of the day was soon
decided ; the Americans fled in every direc-
tion ; but Warner, preserving his intrepidity
and resolution, kept up the spirits of his men,
collected most of them together, and conducted
them safe to the American army at fort Edward.
General St. Clair was about six miles distant,
when the firing began, but no assistance was
sent on to Warner. The loss in this action was
very considerable on the American side. Hale,
who attempted to escape by flight, fell in with
an inconsiderable party of British, and surren-
dered himself and a number of his men, prison-
ers of war. In killed, wounded, and prisoners,
the Americans lost in this action, three hundred
and twenty four ; and the royal troops, inclu-
ding British and Germans, had not less than one
hundred and eighty three, killed and wounded.*
Confiding in Frazier, to conduct the pur-
suit of the Americans by land, general Bur-
goyne undertook himself to direct the chase by
water. The boom and other obstructions to
navigation not being compleated, were soon cut
through ; and so engaged were the British in
this business, that by nine o'clock in the morn-
ing, the gun boats, tl*e Royal George, and Inflexible
frigates had passed the works. Several regiments
embarked aboard the vessels, and the pursuit
was pushed with such vigor, that by three in
the afternoon, the foremost brigade of gun boats

* Gordon. Vol. II, p. 308.

108 NATURAL AND CIVIL

was engaged with the American gallies, near
Skeensborough falls. Upon the approach of the
frigates, opposition ceased ; two of the gallies
were taken, and the other three blown up. The
Americans not being in sufficient force to make
an effectual stand, set fire to the works, fort,
mills, and batteaux ; and escaped as they could,
up Wood Creek, to fort Anne, where they were
joined by a detachment which had been sent on
by Schuyler from fort Edward. In the mean
time, colonel Hill was detached by Burgoyne,
with the ninth British regiment from Skeens^
borough, towards fort Anne, with a view to in-f
tercept the Americans who had fled along Wood
Creek, and to secure that post. On his march
he was attacked by the Americans in front, with
a 'heavy and well directed fire ; while another
party was preparing to fall upon his rear. Co^
lonel Hill, aware of his danger, retired to the
top of a hill to prevent being surrounded, and
in this situation was vigorously attacked by such
numbers that he was in extreme danger of be-
ing cut to pieces. Fortunately for him, a party
of Indians arrived at that critical moment, and
gave the war whoop ; M'hich was immediately
answered on the part of the British regiment
with three cheers. The Americans concluded
that a large reinforcement was at hand, and sooii
relinquished the attack ; and having set fire to
fort Anne, they marched on and joined the A-
merican army at fort Edward.

The loss sustained by the Americans in
their retreat from Ticonderoga, was very hea-
.vy. - Their artillery amounting to no less tha;i
pne hundred and twenty eight pieces, their bat^

HISTORY OF VERMONT, 109

tcaux, provisions, stores, and magazines, feij
into the enemy's hands. Bureroyne found
340,760 pounds of flour, and 143,830 pounds of
salt provisions in their stores ; and a large
drove of cattk, which had arrived in the
American camp, but a few days before. Their
troops were scattered and dispersed ; and St.
jCIair, retreating by the road through Rutland,
after a very fatiguing march, in which the army
suffered severely from bad weather, roods, and
want of provisions, with the remains of his bro-
ken troops joined Schuyler on the twelfth of
July, in a reduced and wretched state.

TtE whole continent was astonished and
alarmed widi this event. General -Washington
had been led to believe that the northern army
and forts were in such a situation, that at least
a very vigorous defence might be made. The
New England States, contrary to all their pros-
pects and expectations, found the British forces
making their way into their country, where they
had apprehended but little danger. The voice
of complaint and clamor was loud against general
St. Clair. He justified hinigelf on the score of
not being supplied with the necessary number
of men, or the requisite quantity of provisions.
He had certainly reason >for these complaints,
and he was not in a situation in which there was
any prospect that he could make a long or a
successful defence. It \yill however be difficult
to account for his not calling for the necessary
supplies, till the enemy arrived ; and it must be
allowed that the evacuation of the forts, if ne-
cessary, was very improper] / delayed till the last
ji^oiTient, and was then ^^ery ill conducted. Np

liO NATURAL AND CIVIL

measures of the enemy had been foreseen, or
properly guarded against ; every part of St.
Clair's plans proved abortive, and he had not
the genius which finds relief in instantaneous
resource, decisive counsel, or animating action ;
and the retreat, both by water and by land,
proved ruinous to the Americans, and contrary
to the expectations of the general. It ought
however to be allowed that his own observation
on the matter was just ; it was better to save
the army and loose his own character, than it
would have been to have saved his charac^ter
and lost the army. The misfortune was, that
in ihe manner in which the business was con-
ducted, both the army and the general's charac-
ter, if they were not lost, did at least suffer se-
verely, and were greatly impaired and injured.
When St. Clair had joined Schuyler at fort
Edward, and for three days after, their whole
■force did not exceed four thousand and four
hundred men. In this state of their affairs, the
business of the American generals was to con-
trive to retard the march of the British army as
much as possible ; in order to gain time to col-
lect their troops, and recover their affairs. For
this purpose, the day after the action at fort
Anne, Sclmyler ordered a brigade of militia to
destroy the roads ; to begin the work as near as
possible to the place where the fort stood, to fall
the trees, take up the bridges, burn the timber
and materials, and throw all the obstruction in
the roads that was possible. On July the six-
teenth, a brigade of continental troops was also
ordered on the same business ; and they labor-
ed with much industry and good success ia

HISTORY OF VERMONT. lit

Jendering the rOads impassable to the British
army.

Fortunately for the Americans, the royal
army was intoxicated with their success. Sa
rapid had been the torrent with which it had
swept every thing away, that both officers and
men,. elevated with their fortune, deemed their
wisdom and prowess to be irresistible. They
regarded the Americans, and the rebellion,, with
contempt ; considered their own toils as nearly
at an end, Albany as already in their hands, and
the northern provinces in the state in which the
British minister declared he would have them
all, at his feet. Like Hannibal at Capua, Bur-
goyne was deliberating with himself, v/hat fate-
he should assign to the conquered country ; and
even the private soldiers,- in the certain view of
conquest, began to feel the comforts of royal
insolence, plunder, and revenge.

Sttri of conquest, Burgoyne continued with
his army for several days at Skeensborough, and
the adjacent parts of the country ; waiting for
the submission of the inhabitants, and the arri-
val of their own tents, baggage and provisions.
The loss of tlie British army, in all the engage-
ments that had as yet taken place, ■wa^ but small,
and did not amount to more than three hundred
men ; and nothing appeared to prevent their
success as soon as their artillery and baggage
should arrive, and their march commence.
Their first business v/as to open the roads by
the way of fort Anne, and advance on that route
to fort Edward. On these labors their army
entered with a slow, but steady diligence.
Equal industry was used in clearing Wood

in NATURAL AND CIVIL

Greek of all the impediments that had been laid
in the way, and to open a passage for batteaux
10 carry their artillery, stores', provisions, and
camp equipage. Nor was less diligence used
at Ticonderoga, in bringing their gun boats,
provisions, and Vessels into lake George. The
distance from fort Anne, where the batteau navi-
gation on Wood Creek terminates, to fort Ed-
ward, is not more than twelve miles. But such
Were the obstructions that the Americans had
juade in the roads, and such was the labor and
difficulty of repairing the ways, making bridges,
and transporting the artillery and baggage, that
the British were very often unable to advance
more than one mile in twenty four hours ; and
the nature of this kind of business was such, as
they were very tittle acquainted Math. It was
not till the thirtieth of July, that Burgoyne was
able to arrive at Hudson's river, and fix his head
quarters at fort Edward. Oil their arrival at
Hudson's river, the joy of the British army was
inexpressible. They flattered themselves that a
period vvas now come, to alt their dangers and
difficulties ; and that nothing remained but a
safe and easy march, on a pleasant, navigable
river, through a fertile country, to take posses-^
sion of the wealtliy cit}'- of Albany, and effect a
junction with the British army at New York.

For t Edward at that time was nothing more
than the ruins of the former fort, wliich had been-
built by general Lyman, in the year 1755, and
was not of any consequence to' any party. It
could not afford any defence or cover to general
Schuyler, and had been abandoned by him, sev-
eral days before Burgoyne arrived in the vicinity.

HISTORY OF VEKMONT. 113

Schuyler repaired to Saratoga, twenty miles be-
low fort Edward ; and on August the first he
drew back from Saratoga to Stillwater, but
twent}' five V miles north of Albany; And such
was the weakness of the American army, that
on August the fourth it contained but four thou-
sand continental troops, and about fifteen hun-
dred militia, badly clothed, armed and disciplin-
ed. And had Burgoyne, instead of wasting his
time and strength in dragging on his heavy bag-
gage and artillery, moved on with a few light
field pieces, he could have met with no consid-
erable opposition, and might have arrived at Al=
bany at as early a period as he came to Hudson's
river.*

The rapid progress of the British army, and
the success that had attended all its movements,
had now thoroughly alarmed the whole continent;
and it was every where known that Schuyler,
and the troops which he could collect, were al-
together unable to stop their progress, or to
make any considerable opposition ; and that
there was nothing to prevent the capture of Al-
bany, as soon as Burgoyne should arrive with
his army before it. In this alarming crisis, the
Americans acted like themselves, with firmness
and resolution. No man was heard to speak of
any such thing as submission to the British go-
vernment. The public sentiment Was decidedly
on the side of a determined and persevering
War, till their Independence should be acknowl-
edged, whatever risk, danger, or losses might
attend it. And all the misfortunes and defeats
they had hitherto endured, instead of producing

* Gordon. Vel. 11. p. Ill, II».
VOL-. II, O

IM NATURAL AND CIVIL

the spirit of despondency, now operated to rouss
up the public attention, and to produce more
%'igorous efforts for opposition and defence.

The northern settlements in Vermont, were
already broken up, and the inhabitants, in dis-
tress and consternation, were looking- out for
safety, wherever they could find it ; Manchester
and Sunderland were now considered as the
frontier towns. The committee of safety for
Vermont, assembled at Manchester, July the
fifteenth, and agreed to raise all the men that
they could collect to oppose the enemy ; and at
the same time, wrote in the most earnest man-
ner, to the states of Massachusetts and Nevv
Hampshire, to raise a body of troops, and send
them on for their assistance, before the remain-
der of the inhabitants should be forced to quit
the state, and fall back upon their frontiers for
safety and bread.

In a short session of three days, the assembly
of New Hampshire formed a very judicious plajm
of defence. They divided the whole militia of
the state into two brigades ; the command of
the first they gave to William Whipple, the
command of the second they assigned to John
Stark. One fourth of Stark's brigade, and one
fourth of three regiments of the other brigade,
were ordered to march immediately under Stark's
command, "to stop the progress of the enemy
on our western frontiers." Stark had been an
officer of much reputation in the French war ;
he had commanded one of the ranging compa-
nies, and had been so active and useful, that
lord Loudon had put him upon the British es-
tablishment and pay, In the campaign of 1775,

HISTORY OF VERMONT. lis

he had the command of one of the New Hamp-
shire regiments ; and no officer had displayed
more knowledge or bravery in the battle of
Bunker hill. Viewing himself as neglected and
dishonored by Congress, in not being promoted
to the rank of brigadier general, he had left the
continental service. When he was urged by
the government of New Hampshire to take the
command of their militia, he refused, unless he
should be left at liberty to serve or not, under a
continental officer, as he should judge proper.
It was not a time for debate, and it was known
that the militia would follow wherever Stark
would lead. The assembly therefore invested
him with a separate command, and gave him.
orders to " repair to Charlestown on Connecti-r

* cut river ; there to consult with a committee

* of the New Hampshire grants, respecting his

* future operations and the supply of his meil

* with provisions ; to take the command of the

* militia and march into the grants ; to act in

* conjunction with the troops of that new State,
' or any other of the States, or of the United

* States, or separately, as it should appear ex-

* pedient to him ; for the protection of the peo-

* pie and the annoyance of the enemy."*

Agreeably to his orders. Stark proceeded
in a few days to Charlestown ; his men very
readily followed^ and as fast as they arrived, he
sent them forwiird to join the troops of Vermont
under colo»el Warner, who had taken his situ-
ation at Manchester. At that place he joined
Warner with about eight hundred men from
New Hampshire, and found another body of

* Be^nap's Hist. New Hiunpsbirc, Vol. II, p. 413.

116 NATURAL AND CIVIL

men from Vermont, who put themselves under
his command ; and he was at the head of four-
teen hundred men. Most of them had been in
the two former campaigns, and well officered ;
and were in eveiy respect a body of very good
troops. Schuyler rej>eatedly urged Stark, to
join the troops under his command, but he de^
clined Complying. He was led to this conduct
not only by the reasons which have been men-
tioned, but by a difference of opinion as to the
best method of opposing Burgoyne. Schuyler
wished to collect ail the American troops in the
front, to prevent Burgoyne from marching on
to Albany. Stark was of opinion that the sur-
est way to check Burgoyne, was to have a body
of men on his rear j ready to fall upon him in
that quarter, whenever a favorable -opportunity
should present. The New England militia had
not formed a high opinion of Schuyler, as a gen-
eral ; and Stark meant to keep himself in a situ-
ation, in vvhich he might embrace any iavorable
opportunity for action, either in conjunction wiih
him, or otherwise ; and with that vie w intended
to hang on the rear of the Britibh trocps, r.- .'
embrace the first opportunity ^vhi.ch shoulil j; •:-
sent, to make an attack upon that quarter, lis-'
appointed and vexed at Stark's proceeds. us,
Schuyler complained to Congress ; and e Au-
gust the nineteenth, Congress resolved, " That

* the council of New Hampshire be informed,
•; that the instructions which general S' rk siivs

* he has received from them, are destructive of
•^ military subordination, and highly prejudicial

* to the common cause at this crisis : and that
' therefoi"e they be desired to instruct general

HISTORY OF VERMONT. 117

* Stark to conform himself to the same rules

* which other general officers of the militia are

* subject to, whenever •hey are called out at the
' expence of the United States." But Stark,
before any interference of Congress, had assured
Schuyler that he would join in any measures
necessary to promote the public good, but wish-
ed to avoid any thing that was not consistent
with his own honor ; and if it was thought ne-
cessary, he would march to his camp. On the
thirteenth he wrote particularly that he would
lay aside all private resentmen-t, when it appear-
ed in opposition to the public good. But in the
midst of these protestations, he was watching
for an opportunity to discover his courage and
patriotism, by falling upon some part of Bur-
goyne's army.

Massachusetts was also much engaged
in sending forward her militia to the northward.
General Washington perceived that a proper of-
ficer must be appointed to take the command
of the eastern mihtia, and wisely judged that
general Lincoln would prove an able and infiu-
ential commander ; and sent him forward for
that purpose. Lincoln arrived at Manchester
on the second of August, and found about six
hundred militia in that place. He wrote to the
council of Massachusetts that a body of troops
in that place wouid not only cover the eastern
states, but being in the rear of Burgoyne's army,
would greatly weaken it, by obliging him to
leave large detachments at the different posts
that he possessed. Schuyler, attentive only to the
front of the British army, wrote to Lincoln on
the fourth of August, to march bis whole force,

118 NATURAL AND CIVIL

except Warner's regiment, and join him with
all possible dispatch. , Stark had also concluded
to march from Bennington, to which place he
had repaired, and meet Lincoln at an appointed
place, and proceed with him, and join Schuyler.
General Arnold had also been sent on by Wash-
ington with a considerable detachment and train
of artillery to assist Schuyler. These exertions
and movements of the Americans served to en-
courage their troops, and raised the spirit of ani-
mation and enterprise. Another measure had
also much influence : Congress had desired
general Washington to order such a general as
he should think the most proper, to repair im-
mediately to the northern department, and re-
lieve general Schuyler in his command there.
Washington declining to make the appointment,
on August the fourth, they proceeded to make
the appointment themselves ; and by the vote
of eleven states, the election fell on general
Gates. The New England troops and p>eople
were not a little gratified and encouraged, by
this measure of Congress.

While the American army was thus assum-
ing a more respectable appearance, general Bur-
goyne was making very slow advances towards
Albany. From the twenty eighth of July to the
fifteenth of August, the British army was con-
tinually employed in bringing forward batteaux,
provisions, and ammunition, from fort George,
to the first navigable part of Hudson's river ; a
distance of not more than eighteen miles. The
labor was excessive, the Europeans were but
little acquainted with the methods of performing
it to advantage, and the efiect was in no degree.

HISTORY OF VERMONTr 1X9

equivalent to the expencc of labor and time.
With all the efforts that Burgoyne could make,
incumbered with his artillery and baggage, his
labors were inadequate to the purpose of sup-
plying the army with provisions for its daily
consumption, and the establishment of the ne-
cessary magazines. And after liis utmost exer-
tions for fifteen days, there were not above four
days provisions in the store, nor above ten bat-
teaux in Hudson's river.

In such circumstances the British general
found that it would be impossible to procure
sufficient supplies of provisions by the way of
fort George, and determined to replenish his
own magazines at the expence of those of the
Americans. Having received information that
a large quantity of stores were laid up at Ben-
nington, and guarded only by the militia, he
formed the design of surprising that place ; and
was made to believe that as soon as a detach-
ment of the royal army should appear in that
quarter, it would receive effectual assistance
from a large body of loyalists, who only waited
for the appearance of a support, and would in
that event come forward and aid the royal cause.
Full of these expectations, he detached colonel
Baum, a German officer, with a select body of
troops, to surprise the place. His force consist-
ed of about five hundred regular troops, some
Canadians, and more than one hundred Indians,
with two light pieces of artillery. To facilitate
their operations, and to be ready to take advan-
tage of the success of the detachment, the royal
army moved along the east bank of Hudson's
river, and encamped nearly opposite to Saratoga ;

120 NATURAL AND CIVIL

having at the same time thrown a bridge of rafts
over the river, by which the army passed to that
place. With a view to suj^port Baum if it
should be found necessary, lieutenant colonel
Breyman's corps, consisting of the Brunswick
• grenadiers, light infantry and chassieurs, were
posted at Battenkill.

General Stark having received information
that a party of Indians were at Cambridge, sent
lieutenant colonel Greg, on August the thir-
teenth, with a party of two hundred men, to
stop their progress. Towards night he was in-
formed by express that a large body of regulars
was in the rear of the Indians, and advancing
towards Bennington. On this intelligence,
Stark drew together his brigade, and the militia
that were at hand, and sent on to Manchester to
colonel Warner, to bring on his regimeiit ; he
sent expresses at the same time to the neigh-
boring militia, to join him with the utmost
speed. On the morning of the fourteenth he
inarched vvith his troops, and at the distance oi
seven miles he met Greg on the retreat, and the
enemy within a miie of him. Stark drew up
his troops in order of battle ; but the enemy
coming in sight, halted upon a very advanta-
geous piece of ground. Baum perceived the
Americans were too strong to be attacked with
his present force, and sent an express to Bur-
goyne with an account of his situation, and to
have Breyman march immediately to support
him. In the mean time small parties of the A-
mericans kept up a skirmish with the enemy,
killed and wounded thirty of thein, with two of
their Indian chiefs, without any loss to them-

HISTORY 01 . VERMONT. m

selves* The gi'ounid the Amerijcans had taken,
was unfiiYorable for a general action, and Stark
retreatejl about a rnile and encamped. A coun^
cil of war was hddj and it was agreed to send
two detachments upon the enemy's rear, while
tlie rest of the troops should make an attack
upon their ffonti The next day the .weathei!:
was rain}', and though it prevented a general
action, there were frequent skirmishings in small
parties, which proved favorable and encouraging
to the Americans.

, On August the sixteenth, in the morning.
Stark was joined by colonel Symonds and a body
of militia from Berkshire, and proceeded to at-
tack the enem}^ agreeably to the plan whicK
had been concerted. Colonel Baum in the
mean time had entrenched, on an advantageous
piece of ground near St. Koicks mills, on 3i,
branch of Hoosic river ; and rendered his post
as strong as his circumstances and situation
would admit. Colonel Nichols v^as detached
with two hundred men to the rear of his Ieft>
colonel Herrick, with three hundred men to the
rear of his right ; both wore to join, and then
make the attack. Colonels Hubbard and Stick-
ney, with two hundred more were ordered on
the right, and one hundred were advanced to-
wards the front to draw the attention of tlie ene-
my that wsLj. About three o'clock in the after-
noon the troops had taken their situation, and
were ready to commence the action. While
Nichols xind Herrick were bringing their Troops
together, the Indians were alarmed at the pros-
pect, and pushed off between the two corps ;
but received a fire as they were passing, by

VOL. II, P

m NATURAL AND CIVIL

which three of them were killed, and two wouA^
ded. Nichols then began the attack, and was
lollowcd by all the other divisions ; those in the
iront immediately advanced, and in a few min-
utes the action became general. It lasted about
two hours, and was like one continued peal of
thunder. Baum made a brave defence ; and'
the German dragoons, after they had expended
their ammunition, led by their colonel, charged
with their swords, but they were soon over-
powered. Their works were carried on all
sides, their two pieces of cannon were taken,
colonel Baum himself was mortally wounded
and taken prisoner, and all his men, except a
few who had escaped into the woods, were either
killed or taken prisoners. Having compleated
the business by taking the whole party, the mi-
litia began to disperse, and look out for plunder.
But in a few minutes Stark received information
that a large reinforcement was on their march,
and within two miles of him. Fortunately at
that moment colonel Warner came up with his
regiment from Manchester. This brave and
experienced officer commanded a regiment of
continental troops, which had been raised in
Vermont. Mortified that he had not been in
the former engagement, he instantly led on his
men against Breyman, and began the. second
engagement. Stark collected the militia as soon
as possible, and pushed on to his assistance.
The action became general, and the battle con-
tinued obstinate on both sides till sunset, when
the Germans were forced to give way, and were
pursued till dark. They left their two field
pieces behind, and a considerable number were

HISTORY OF VERMONT. 123

made prisoners. They retreated in the best
manner they could, improving the advantages
of the evening and night, to which alone their
escape was ascribed.*

In these actions the Americans took four
brass field pieces, twelve brass drums, two
hundred and fifty dragoon swords, four ammu-
nition waggons, and about seven hundred pris^
oners, with their arms and accoutrements. Two
hundred and seven men were found dead upon
the spot, the numbers of wounded were un-
known. The loss of the Americans was but
small ; thirty were slain, and about forty were
wounded. Stark was not a liitle pleased to have
so fair an opportunity to vindicate his own con-
duct in refusing to serve under a continental
commander, and not obeying the orders of
Schuyler. He had now shown that no neglect
from Congress had made him disaffected to the
American cause, and that he had rendered a
much more important service than he could have
done by joining Schuyler, and remaining inac-
tive in his camp. Congress embraced the op-
portunity to assign to him his rank, and though
he had not given to them any account of his
victory, or wrote to them at all upon the subject,
on October the fourth, they resolved, " That the

* thanks of Congress be presented to general

* Stark of the New Hampshire militia, 'and the

* officers and troops under his command, for
' their brave and successful attack upon, and

* signal victory over the enemy in their lines at

* Bennington : and that brigadier Stark be ap-

♦ Gordon. Vol. II, p. 243. Stark's letter to gaoeral Gates of Au-
gust ax, 1777.

124 NATURAL AND GiVIL

* pointed a brigadier general in the army of the

* United States," And never were thanks more
deserved, or more wisely given to a military
officer.

On W'hat small events does the popular hu-
mour and military success depend ? The cap-
ture of one thousand Germans by general Wash-
ington at Trenton, had served to wake up, and
^ave the whole continent. The exploit of Stark
at Bennington, operated with the same kind of
influence, and produced a similar effect. This
victory was the first event that had proved en-
couraging to the Americans in the northern de'
partnient,sincethe death of general Montgomery,
Misfortune had succeeded misfortune, and de-
feajfe had followed defeat frorh that period till
how. The present instance was the first, in
which victor}^ had quitted the royal standard, or
seemed even to be wavering. She was now
found with the American arms, and the effect
seemed in fact to be greater than the cauoC. It
raised the spirit of the country to aa uncommon^
degree of animation ; and by shewing the mili^
tia what they could perform, rendered them
willing and desirous to turn out and try wiiat
fortunes would await their exertions. It had a<
still greater effect on the royai army. The
British generals were surprised to hear that an
e?iemy, whom they had contemplated with no
other feelings than those of contempt, should
all at once wake up, and discover, much of the
spirit of heroism. To advance upon the mouth
t)f cdnnon, to attack fortified lines, to carry
strong entrenchments, were exploits which they
supposed belonged exclusively to the armies

HISTORY OF VERMONT. 125

of kings. To see a body of American militia,
ill dressed, but little disciplined, without cannon,
armed only with farmer's gun^ without bayonets,
and who had been accustomed to fiy at their ap-
proach ; that such men should force the en-
trenchments, capture the cannon, kill and make
prisoners of a large body of the royal army, was
a matter of indignation, astonishment,^ and sur-
prise. In this state and feeling of both parties,
general Gates, to the great joy of the Americr^nsj
arrived at Stillwater, on August the nineteenth,
and took the command of the American troops. '
General Schuyler had been faithful and inde-
fatigable in his attention to the Indian aifairs, in
preserving the attachment of the people to the
American cause, in procuring stores, supplies,
and recruits ; and in a discreet management of
economical, prudential, and cautionary arrange-
ments. Such services, though not inarked with
brilliancy, were of great use and importance.
Still it was necessary to have an officer of much
experience, at the head of the northern army ; .
and although the services of Schuyler were duly
appreciated, it was not displeasing to the Ameri-
can troops to have Gates placed at their head.

The royal army, after their misfortune at Ben-
nington, remained quiet in their camp opposite
to Saratoga, expecting the approach of colonel
St. Ledger on the Mohawk river. This ofiicer
had been detached early in the campaign, to
make a diversion in that quarter. After com-
batting many difficulties, he invested ibrt Stan-
Tvix, now called fort Schuyler, on the third of Au-
gust. The fort was too weak to hold out any
considerable time against a regular siege, and

\hicm-

xQv.

126 NATURAL AND CIVIL

}t was necessary to attempt an immediate re-
lief. Geneial Herkimer, a man of miich influx
pnce in Tryon county, marched to its relief
"U'ith eight hundred militia. St. Ledger had
with him seven hundred Indian warriors, with
their wives and children, and others ; amount-
ing in the whole, to nearly fourteen hundred per-
sons. Sir John Johnson was detached with
some regulars, his own regiment, and all the
Indians, to lie in ambush in the woods, and in-
tercept the militia. Herkimer fell into the snare,
and was surprised, August the sixth ; but his
men at their first fire killed several of the In-
dian chiefs. Discipline and order in Johnson's
army was soon lost, and a scene of confusion
ensued which exceeded any thing the Indians
had ever seen. The white people, consisting of
the militia, and Johnson's tory troops, made up
of former neighbors and acquaintances, inflamed
with mutual hatred, got together in parties of
twenty or thirt}^ so near that they could not
fire ; pulled, hauled, drew their knives, and
stabbed each other. The Indians alarmed with
their own loss, became suspicious both of John-
son's and Herkimer's men ; and at length by
the advice of some of their chieis went to work
to butcher all the white people they could find.
In the midst of this scene of butchery and
slaughter, two hundred and fifty men under the
command of lieutenant colonel Willet, sallied
out from the fort, and routed two of the Indian
and tory encampments ; destroying their provi-
sions, kettles, blafikets, cloathing, muskets, tom-
ahawks, and five pair of colors. During the
confusioUj, themost of the militia escaped i the

HISTORY OF VERMONT. 12t

fclaUghter however was great on both sides ; one
hundred and sixty of the militia were slain, and
several wounded ; among the slain was the
brave but unfortunate Herkimer. But though
unfortunate to the Americans, the battle was the
most discouraging and irritating to tiie Indians,
Seventy of their number were slain orwoundedj
and among these were several of their most fa-
mous warriors ; the loss of so many of their fa-
vorite chiefs, rendered the whole body of the
Indians jealous, surly, and wavering.

St. Ledger left no means untried to avail him-
self of this victory. On the eighth of August
he sent a threatning message to the commander
of the fort to intimidate him to surrender. The
next day he tried the same scheme again. Co-
lonel Gansevoort, the commander, conducted
with wisdom and firmness, and returned as his
answer, " That having been entrusted with the
charge of that garrison by the United States, he
would defend the trust committed to him at ev-
ery hazard, and to the utmost extremity." In
©rder to rouse up the country for their relief,-
eolonel Willet and a lieutenant Stock well under-
took one of the most dangerous enterprises that
ever was attempted. They passed by night
through the besieger's camp and works, craw-
ling upon their bellies for near half a mile, till
they reached the Mohawk river. In contempt
of every danger, and of ull the vigilance and
cruelty of the savages, they made their way
through pathless woods and morasses, till they
arrived safely at the German flats ; and alarmed
the country, with an account of the state and
c4anger of the fort. The information ^vas con-

128 NATURAL AND CIVIL

veyed to Schuyler, who at that time had the
command of the American troops ; he immedi-
ately ordered a continental brigade to march for
the relief of Gansevoort : Arnold offered to take
the command in this dangerous enterprise,^ and
set out to conduct the military operations which
Were designed for the relief effort Stanwix..

The British commander made but little pro-
gress in the reduction of the place. His artille-
ry was not sufficient to make any considerable
impression on the work . The Indians, disgus-
ted with their late losses, were full of murmurs,'
became more and more sullen, and intractable.
They were also compLiining that they had not re-
ceived any plunder, and were become suspicious
that the fort would not be taken, or any plunder
to be had. The intelligence had also gotten a-
mong them, that Arnold was marching to re-
lieve the fort, at th« head of a thousand men,
St, Ledger had now to devote his time, and
make use of ail his arts to manage, flatter, and
animate his Indian allies. While he was thus
employed in watching and coaxing the Indian
humor and surliness, other reports were contriv-
ed and circulated, v/hich first doubled, and
theii trebled the numbers under Arnold ; with
this additional stroke that Burgoyne's army had
been entirely defeated and cut to pieces. Un-
der Arnokrs direction, some of the Indians
made, and all believed these relations ; the In-
dian camp was thoroughly frightened, and the
savage heroes determined to go off. In vain
did St. Ledger declare to them, that there was
no truth in the reports ; and in vain did he of-
fer to lead tliem forward himself ; and in vaiiv

HtSTORY Of VERMONT. 129

tvere his endeavors to influence and intoxicate
them with rum. They understood their busi-
ness better than to be couvinced ; part of them
decamped, and the- remainder let him know m
the phlegmatic Indian tone, that they would
abandon him to the American nrierciesif he did
not instantly retreat. Mortified, irritated, but
disarmed by the Indian policy, St Ledger found
it impossible any longer to contend with the In-
dian genius and duplicity ; and oil August the.
twenty second, the British colonel \'5^as forced to
make a precipitate retreat, or rather a shameful
flight ; leaving his artillery, tents, stores and
other implements of war, to fall into the hands
of the Americans. From his own account it
appears, that St. Ledger was more apprehensive
of danger from the fury of the savages, than
from any thing that he expected from his Anieri-
Gan enemies. Nor were his fears without suf-
ficient foundation, for some of the boats which
belonged to his army were plundered by the
Indians ; officers were robbed of their baggage,
and some of them who could not keep up
with the rest,' were murdered.. And nothing
less was to be expected, considering the losses
the Indians had sustained, and the ill success
that had attended St. Ledger's attemj>ts to take
the fort.

. sThe misfortunes that had attended the British
affairs at Bennington, and at fort Stanwix, had
not only retarded the advance of the royal army,
but produced a depression in their spirits, to
which they had not as yet been accustomed ;
and they afforded time to Gates, to strengthen
and fortify his camp^ encourage the militia, and

VOL. II. Q

130 . NATURAL AND CIVIL

gave them time to turn out in large riumberiSj,^
and, reinforce his army. Instead of expecting
every day to hear that Albany was taken, it
now began to be suspected that this might pos»
sibly be the case with Burgoyne and his army.
And v/hile tli« Americans were not a little en-
couraged with their prospects, the whole conti-
nent was in-itated and inflamed that the British-
government and generals should so far loose
sight of all humanity and civilization, as to bring
the Indians into their plantations ; and carry on
the war, by letting thetti loose upon their defence-
less women and children. Whatever were the
prders or pretensions oi the British generals,
it was known that the savages could not be re-
sti'aihed from using the tomahawk and scalping
knife, whenever it ^vas for their interest to plun-
der or scalp all that should fail into their hands.
An aw^l instance of this nature had taken
place in Burgoyne's camp, in the case of Miss
M'Rea. As history has viewed her slaughter
as one of the most brutal and horrid transactions
which has ever taken place, it will be but fair
to take the representation from the letters that
passed at that time between the American and
British generals. On the thirtieth of August^
general Burgoyne had occasion to write to gen-
eral Gates respecting the prisoners taken at
Bennington. In .this letter he complained that
inhumanity had been exercised towards the
provincial soldiers who had joined the royal ar-
my, and hiiited at retaliation. General Gates
returned an answer, September the second, in
which he invalidates the charge, and ascribes
the-'most atrocious cruelties to the savages who

HISTORY OF VERMONT. 131

-were employed and paid by the British general,
of which he gives several instances. " Noth-
ing," says he, *' happened in the action at
Bennington but what is common, when works
are carried by assault. That the savages of
America should in their warfare mangle and
scalp the unhappy prisoners who fall into their
hands, is neither new nor extraordinary ; but
that the famous lieutenant general Burgoync,
in whom the fine gentleman is united with the
soldier and scholar, should hire the savages of
America to scalp Europeans, and the descend-
ants of Europeans, nay more, that he should
pay a price for each scalp so barbarously taken,
is more than will be believed in Europe, until
authenticated facts shall in every Gazette, con-
firm the truth of the horrid tale.

' Miss M'Rea, a young lady, lovely to the
sight, of virtuous character, and amiable dis-
position, engaged to an officer of your army,
was, with other ^wromen and children, taken
out of a house near Fort Edward, carried into
the woods, and there scalped and mangled in a
most shocking manner. Two parents with
their six children were all treated with the
same inhumanity, while quietly residing in
their once happy dwelling.

* The miserable fate of Miss M'Rea was
particularly aggravated by her being dressed
to receive her promised husband, but met her
murderers employed by you. Upwards of
one hundred men, women and children, have
perished by the hands of the ruffians, to whom
it is asserted, you have paid the price of blood.

He adds, " The late colonel Baum's servant,

13g NATURAL AND CIVIL

) .:.

* who is at Bennington, would have come ta
^ your- excellency's camp ; but when I offered
' him a flag, he was afraid to run the risk of
' being scalped, and declined." '

General Burgoyne, on the sixth of Sep-
tember, made this reply : " I have hesitated, sir,

* upon answering the [charges] in your letter^

* I disdain to justify myself against the rhapso-

* dies of fiction and calumny, which from the
:' first of this contest it has been an unvaried

* American policy to propagate, but which no

* longer impose upon the world; I am induced
' to deviate from this gencpil rule, in the present

* instance, lest my silence should be construed
' an acknowledgment of the truth of your alle-

.* gations., and a pretence be thence taken for
'-' exercising future barbarities by the Am^ericaU
' troops." ;r:./ -.■•■•- ^ - ■ ■■■

' By .this. motive, and upon this only, I con-

* desctiid to inform you that I would not b'e
' conscious of the acts }'ou presume to impute

* to'me?,'*f:6:3r /the 'whole continent of America,

* though the weailh Of worlds- were in its bowels,

* and a pra-adlse upon its surfice. • '■

' It, has happened that all my transactions

* with^'the Indian nations, last year and this,

* have been clearly heard, distinctly understood,
' accurately miulited, by very numerous, and,
' in many parts, very unprejudiced persons. So

* immediately opposite to truth is your assertion,

* that I have paid a price for a sc«lp, that one of

* the first regulations established by me at the

* great councii m May, and repeated and en-
' forced, and invariably • adhered to since, was,

* that the Indians should rec'eive compensations

HISTORY OF VERMONT. 135

"^ for prisoners, because it would prevent cruel-
f ty ; and that not only such conripensation
^ should be with held, but a strict account would
' be demanded for scalps. These pledges of

* conquest, for such you well know they will

* ever esteem them, were solemnly and peremp-

* torily prohibited to be taken from the wound-

* ed ; and even the d}'ins(, and the persons of
' aged men, women and children, and prisoners,
•^ were pronounced sacred even in assaults.

* In regard to Miss M'Rea, her fall wanted
not tlie tragic display you have labored to give
it, to make it as sincerely abhorred and lament-
ed by me, as it can be by the tenderest of her
friends. The fact was no premeditated bar-
barity. On the contrary, two chiefs, who had
brought her off for the purpose of security,
not of violence to her person, disputed which
should be her guard ; and in a fit of savage
passion in one, from' whose hands she was
snatched, the unhappy woman became the
victim. Upon the first intelligence of this
event, I obliged the Indians to deliver the:
murderer into my hands ; and though to have
punished him by our laws, or principles of jus-
tice, would have been perhaps unprecedented,
he certainly should have suffered an ignomini-
ous death, had I not been convinced, from,
many circumstances and observation, beyond
the possibility of a doubt, that a pardon under
the terms which I prescribed and they accept-
ed, would be more efficacious than an execu-
tion, to prevent similar mischiefs.
* The above instance excepted, 3'our intelli-
gence respecting the cruelties of the Indians,
is falsCo'^

lU NATURAL AND CIVIL

These statements of the American and Brit-
ish generals were published in the gazettes of
those times, and they made deep impression^
on the feelings of the American people. It was
knowa to be the case that many persons had
fallen victims to the Indian custom of plunder-
ing, tomahawking, and scalping. And though
Burgoyne might wish to restrain, his letter was
a proof that he had introduced the savages into
the American plantations ; and that it was not
in his power to prevent them from carrying on
the war agreeably to their ancient and well
known customs and maxims. The political
and moral effect could be no other v»^ise, than to
render the British government and cause odious
CO the citizens of the United States. If defence-
^JSS women and children, if Miss M'Rea, enga-
:;^ed to a British officer, fell a sacrifice, to the
Indian barbarity, what had thb rebellious Amer-
icans to expect ? and of what consequence were
the speeches and orders of the British generals ?
While the British affect to consider, and attempt
to reclaim us as subjects, said the Americans,
their king and their generals are employing the
Germans, the Indians, and Negroes, not barely
to subdue, but to murder and exterminate us.*
There cait be no safety but to oppose them, and
3aow is the time when the whole country will
rise up to resist their progress and cruelty.

The American leaders were not deficient in
?fVailing themselves of every circumstance aud
occurrence that could be improved to animate
the people, and increase their armies. The
speeches in the British parliament,- and the nica

•Appendix, No. V.

HISTORY OF VERMONT. 135

sures of general Burgoyne, had roused the re-
sentment and indignation of the New England
States, the prospect of success had increased
their courage and animation ; and the people
were everv where in motion. Findinsr that re-
inforcements were, and probably would be con-
stantly arriving, general Lincoln determined ta
make a diversion in the rear of the enemy. He
marched himself with the militia that had joined
him, from Manchester to Pawlct. From thence,'
on September the thirteenth, he sent off colonel
Brown with five hmidred men to the landing at
Lake George, to destroy the British stores, and
to release the American prisoners that had been
collected at that place. Colonel Johnson was
despatched with the same number of men to
Mount Independence. Johnson was to amuse
and alarm the enemy at the north end of Lake
George, while Brown was executing the busi-
ness at the south end : If circumstances and
opportunity favored, they were to join their
troops, and the one was to attempt Ticondero-
ga, and the other Mount Independence ; bCit
they were not to risk the loss of many men in"
tliese attempts. The same number of men were
also sent on under colonel Woodbridge, to
Skeensborough ; thence to fort Anne, and so
On to fort Edward. The design v/as to alarm
and divide the British forces and attenticii, by
assaulting all their out posts and stations at the
same time. With so much secresy and address
were these operations conducted, that by Sep-
tember the eighteenth. Brown had effectually
^uiprised all the out posts between the landing
place at the north end of Lake George, and the

135 NATURAL AND CIVIL

body of tlie fortress at Ticonderoga. Mount
Defiance, Mount Hope, the French lines, and a
block house, with two hundred batteaux, an ar-
med sloop, and several gun boats, were almost
instantly taken. Four companies of foot, with
nearly an equal number of Canadians, and ma-
ny of the pfficers and. crews of the vessels, a-
mounting in the whole to two hundred and nine-
ty three, were made prisoners ; and at the same
time they set at liberty one hundred Americans,
who had been made prisoners, and were confi-
ned in some of those works.. Encouraged by
this success, they summoned general Powel, the.
British commander at Ticonderoga, to surrender
that fortress ; but after maneuveiing four days,'
they found they were wholly unable to attempt
the works either at Ticonderoga or Mount In-
dependence ; abandoning the design, they re-
turned in safety to Lincoln's camp. By this
well conducted enterprise, the Americans had
alarmed the enemy, on the lakes, beat up their
quarters, captured a considerable number of
their men and vessels, recovered the continental
standard which they had left when they aban-.
doned Ticonderoga, and brought off a number
of their own men ; and returned to their own
camp with scarcely any loss to themselves.*

Amidst these misfortunes, the British gene-
ral had remained quiet in his camp. Having at
Ipngth procured provisions for about thirty days,
he took the resolution of passing Hudson's river
with his army. , This design he carried into ex-
ecution towards the middle of September, and
encamped on the heights and in the plain of Sara-

* Gordon, Vol. 2, p. 248.

HISTORY OF VERMONT. 157

togs.. In a letter to the British minister, he
said, that as a duty of justice, he took upon him-
self the measure of passing Hudson's river, in
order to force a passage to Albany ; and did
not think himself justified to call any men into
Council, when the peremptory tenor of his or*
ders, and the advanced season of the year, ad*
mitted of no alternative. In a subsequent part
of the same letter, his reasonings upon the sub-
ject are thus expressed : " The expedition I
commanded was evidently rheant at first to be
hazarded. . Circumstances might require it
should be devoted ; a critical junction of Mr.
Gates' force with Mr. Washington, might pos-
sibly decide the fate of the war ; the failure of
my junction with sir Harry Clinton, or the loss
of my retreat to Canada, could only be a partial
misfortune." This statement might serve to
amuse the British minister, but it was so little
applicable to the state of things in America at
that time, that it was scarcely possible that it
should have had any influence on the conduct
of general Burgoyne. The truth seems to have
been, the different passions of hope, fear, and
ambition, were all at work in the general's mind ;
the distinguishing trait in his character was an
agitating ambition ; and by this he was led to
pass Hudson's river, and place his army in a
situation more hazardous than it had ever been
before. From his camp at Saratoga, in a few
days he advanced along the side of the river,
and encamped on the heights, about two miles
from the camp of general Gates.

From the ambition and confidence ivhich
seems to have distinguished the character of

VOL. II. R

138 NATURAL AND CIVIL

general Burgoyne, Washington, m the lowest
state of American affars, derived a hope that the
Ahierican generals might eventually avail them-
selves of some real advantages. In a letter to
general Schuyler, of July the fifteenth, he wrote
thus, '* The evacuation of Ticondcroga and
' Mount Independence, is an event of chagrin

* and surprise not apprehended, nor within the
' compass of my reasoning. This stroke is se-

* vere indeed, and has distressed us much. But
^ notwithstanding things at present wear a dark
^ and glooniy aspect^ I hope a spirited opposi-
' tion will check the progress of general Bur-
■ goyne's arms, and that the confidence derived

* from success will hurry him into measures,-

* that will in their consequences be favorable to

* us. We should never despair." ' In answer
to a letter announcing to him with what rapidity
Burgoyne had subdued the northern parts, and
Established his posts at Castleton, Skeensbo-
rough, lake George and fort Anne, Washington
■wrote again to Schuyler, on July the seven-
teenth ; " Though our aifairs have for some

* days past, worn a dark and gloomy aspect, I

* yet. look forward to a fortunate and happy

* change. I trust general Burgoyne's army will
' meet sooner or later an effectual check ; and,

* as I suggested before, that the success he has

* had will precipitate his ruin. From your ac-

* counts, he appears to be pursuing that line of

* conduct, which of all others is most favorable

* to us. I mean acting in detachment. This
' conduct will certainly give room for enterprise

* on our part, and expose his parties to great
' hazard. Could we be so happy as to cut one

HISTORY OF VERMONT. l$9

* of them off, though it should iiot exceed four,

* five, or six hundred men, it would inspirit th«
' people, and do away iimch jof their present

* anxiety. In su«-h an event, they would loose

* sight of past misfortunes ; and, urged at the

* same time by a regard for their own security,

* they would fly to arms and afford every aid in
" their power."* The events that were now
' taking place, were a proof with what sagacity
and penetration, this great man foresaw and
comprehended the operation of military and po-
litical characters and causes.

On the eighteenth of September, the Ameri-
cans marched out, three thousawd strong, to at-
tack the British troops, but found from the situ-
ation of the royal army, that the attempt would
be too hazardous ; they drew up however in
full view of the royal army, and remained in
that situation till dark. I'he next day, general
Burgoyne put himself at the head of the British
line, which composed the right wing. This
wing was covered by general Frazier and colonel
Beyman, with the grenadiers and light infantry
of the army ; and these again were covered by
the Indians, Provincials, and Canadians, in the
front and on the flanks. This wing kept along
the high grounds, and advanced through some
intervening woods of no great extent, toward
the left of the Americans. At the same time
the left of the royal army and artillery, under
the command of the generals Phillips and Reide-
sel, kept along the great road and meadows by
the river side. About one o'clock some of the
American scouting parties fell in with those of
the British, and began the attack with great

* Marshall's life of 'Vyasbington, Vci, III. P. ZSa-~z^C>

14.0 NATURAL AND CIVIL

Ijoldness. The firing Vas no sooner heard thaj*
the advanced parties of both arrnies moved on
to battle ; supported and reinforced by their?
jregpectiye commanders, the battle became fierce
^d obstinate ; the Americans aiming not to
receive, but to commence the attacks. From
the nature of the ground, the American generals
were unable to perceive^ thp different combina-
tions of the march of the royal troops ; and their
first attempt was to turn the right wing of the
British army, and flank their line. The strong
position of general Frazier prevented their being
able to execute this design. They next moved in
a very regular order, and made a furious attack
upon the left. The battle was now become
general, and both artmies appeared determined
tp cotjquer. A continued fire was kept up lor
diree hours, without any intermissiop. The
Americans and the British were alternately driv-
en, and drove each other. Several pieces of
British cannou were alternately taken apd re-
taken ; and the B'litish b?,yonet was repeatedly
tried withput effect. On both sides, the action
was kept gp with a resolution and stead iiiess
that nothing could exceed, and the approach of
darkness alone put an end to the contest of the
hostile battalions. The utmost that the British
army had been able to effect, was to remain on
the field ; and the Americans would not quit
their advantageous attacks, till the darkness of
the night put it out of their power to continue
the battle any longer.

Severe and undecisive as the conflict had
been, the advantages that attended it, were
■wholly on the American side. The British losif

HISTORY OF VERMONT. 141

«
in the action more than five Hundred men, in
killed, wounded, and prisoners. The Ameri-
can loss was sixty four killed, two hundred
and seventeen wounded, and thirty eight mjssing ;
in all three hundred and nineteen. Besides the
diminution of their numbers, the battle had givr
en to the British a new set of ideas, impressions
and feelings ; novel, irritating, and depressive.
To see the Yankees, as they were called by way
of derision, marching out in regular order, com-
mencing and persevering in the most aniniatecj
attacks upon British and German troops, often
gaining the advantage, and refusing to quit the
battle till the darkness put it out of their power
to continue it ; the British officers v.^rc aston-
ished at such military elforts, and least of all did
they expect that such enemies ever could be
found in the American armies. They hnd view-
ed it as a matter of royal right and prerogative
to disperse the American rebels and cowards,
wherever they found them ; and it was a matter
of indignation, disdain, and extreme mortifica-
tion, to be attacked, effectually opposed, and re-
ally \yorsted by such men, after a long and ob-
stinate battle. The British general himself was
alarmed with the event ; and for the first time
seems so have been convinced, that omnipo-
tence was not entailed on the army which he
commanded.

With the Americans, the sentiments and the
feelings were altogether the reverse. They be-
lieved, and they boasted that they had obtained
an important victory over the best troops of
JLurope. The British army was no longer view^-
*"d as an object of fear and dread. Instead of

142 NATURAL AND CIVIL

computing that Burgoync would soon conquer
the New England States, they made and sung
their son^^s of gallantry and triumph ; and glow-
ed with the hope an.d prospect, that another bat-
tle would conquer and captivate the whole brit-
ish army.

General Burgoyne endeavored to put the most
favorable appearance on the adverse situation
of his own affairs. His army lay all night upon
the ir arms, at some distance from the field Of
buttle ; and in the morning took a position near-
iy within cannon shot of the Americans; for-
tifying their right, and extending their left in
such a manner as to cover the meadows through
which thc>, river runs, and where their batteaux
and hospital were placed. The engagement
bad answered so little to the expectation of the
Indians, that their prospects of plunder were
now gone. They also disliked the hard ^and
dangerous services in which they were employ-
ed ; and were disgusted by the checks they re-
ceived on account of the murder of Miss
M'Rea, and other inhumanities ; And they took
this opportunity to desert in large bodies, and
some of them repaired to general Gates. M.
St. Lue le Corne was at the head of the sava-
ges. This officer had been a famous French
partisan ; and had been distinguished in Nova
Scotia, and at fort William Henry in 1757,
for animating the Indians to butcher and scalp
the English in a barbarous manner. Qn this
pccasion, according to Burgoyne's account,
*^* The Indians, and Mr. St. Lue at the head of
them, deserted."* Four of their tribes, tlie

Burgoyne'* speech in Parliament in 1778,

HISTORY OF VERMONT. U$

Oneydas, Tuscaroras, Onondagoes, and Mo-
hawks, accepted of a war belt from the Ameri-
can commissioners, and about one hundred and
6fty of them came into the American camp.*
A great def^ertion from the royal camp also
took place a:mong the Canadians and American
loyalists ; and Burgoyne found that little or no
eonfidence could be placed in those who remain-
ed, any longer than success attended his army.
From the first appearance of difficulties, Bur-
goyne had a strong hope and expectation of be-
ing powerfully supported by the arrival of a Brit-
ish force at Albany, or at least by a large de-
tachment from the British army at New York.
He now received a letter in cypher from Sir Hen-
ry Clinton at New York, announcing his in-
tention of making a diversion on Hudson's riv-
er, by attacking fort Mongomcry and other for-
tresses', which were designed to guard the pas-
sage up the river to Albuny. This diversion,
though it fell sliort of what Burgoyne expected
and needed, yet it afforded him" some prospect
of relief ; at least it was hoped that it might
^erve to alarm general Gates, and force him to
divide his army. The messenger was sent back
the next day, September the twenty second, to
Clinton ; two otiier officers were also dispatched
in disguise, and some other confidential persons
were also sent on by diffiirent routes, to acquaint
the British commander with his dangerous and-
critical situation ; and to urge him to the im-
mediate prosecution of his designs ; announcing
at the same time that h© should be able in the
^ticle of provisions, and was fixed in his deter-

iu NATURAL AND CIVIL

tninatiOn to hold his present position until the
twelfth of October, beyond which his provisions'
tv'ould not hold out.

In the mean time the British were employ^
in fortifying their camp, and guarding agamst
any surprise from the Americans. Gates had
already rendered the American camp inacces-
sible and impregnable to. the British, and waS
every day receiving new supplies. From the
twentieth of September to the seventh of Octo-
ber, the armies were so near to each other that
not a night passed without firing, and sometimes'
concerted attacks were made on the British
piquets. No foraging parties could be made by
the royal army, without great detachments to
cover them. The object of the American gen-
erals was to harrass the British troops by con-
stant alarms and attacks. In the mean time,
general , Lincoln hc\d marched towards Gates'
camp ; and on September the twenty ninth,
joined him with two thousand militia.

General Burgoyne was now much appre-
hensive of increasing difficulties and dangers ;.
his own provisions were rapidly decreasing, and
large additions were every day made to the A-
merican army. In the beginning of October, he
I'entured on a measure which could no longer
be avoided, a diminution of the soldier's rations
of provisions ; disagreeable as such a measure
always is to an array, it was submitted to with-
out murmurs. Things remained in this situ-
ation till the seventh of October, and no intelli-
gence arrived of the expected assistance or co-
operation of general Clinton ; and the time was
nearly expired, in which it was possible for the

MMITORY OF VERiMONT. 145

If^iy- td femalri in Its present camp or situatioii.
No othef expedient appeared, but to make a
fllGvemcnt of the British arttiy to the left of the
Aniericans. This might serve to cover a foragfe
6f the army, which was now much distressed
hy scarcity ;■ to discover whethefr it was pos-
sible to force a passage, if it should be necessary
fo advance } 6r to intimidate the Americans;
if it should be judgefd best to retreat.

Ota- October the seventh, a detachment of the
tOyal army, consisting of fifteen hundred regular
troops, with two twelve poundei"s, two howitzers
And six six pounders, were put in motion. This
detachment Wa^ commanded by general Bur-
^oyne in person, aided by major generals Phil-
lips and Reidesel, and brigadier general Frazier*
No better generals or troops were at that time
to be found in the British service. The guard
6f the camp upon the high grounds, was assign-
ed to the brigadier generals Hamilton and
Dpei^ht' ; ^nd that of the redoubts, and plaih
iiear the river, to brigadier Goll. The force of
the Americans in the front was supposed to be
§o ttmch superior, that it Was not judged safe t6
augment the detachment to a larger nUmbtr»
The British troops were formed within three
Quarters of a mile of the feft of the Americans ;
and their irregulars Were pushed on through va-
rious bye ways, to appear as a check on their,
fear.

Gat£s soon received rntelli'gence of the
rlrtarch of the royal army, and immediately put
Kis troops in motion. About four o'clock in
the afternoon, the American column approached
the royal detachment,- and wa^ fired upon by the '

VOL. II. S

■M6 . NATURAL AND CIVIL

twelve and six pounders. Disregarding the fire/
they drew up along the skirts of the woods,
amidst the trees, about two hundred yards dis-
ftant from the British artillery. No sooner were
they formed, than they made a very sudden and
rapid attack upon the British grenadiers, who
were posted to support the left wing of the line.
^Major Ackland, at the head of the grenadiers,
sustained this fierce assault with great resolution ;
but general Gates having ordered out more re-
giments, the Americans extended their attack
along the whole front of the Germans, who were
posted immediately on the right of the British
grenadiers. In this situation, it became impos-
sible to move any part of the German troops to
form a second line to support the flank, where
the heavy weight of the fire became irresistible.
', The right of the British troops was still un-
engaged ; but it was perceived that a large body
of the Americans wa& marching round their
iiank, to cut off their retreat. To oppose this
bold and dangerous measure, the British light
infantry, and their twenty fourth regiment, were
directed to form a second line, in order to cover
the retreat of the troops into their camp.

WnriE this movement was taking place, the
Americans' pushed forward a fresh and strong
reinforcement to decide the action on the left y
which being totally overpowered, was compelled
to give way ; and the British light infantry and
twenty fourth regiment, was obliged by a very
^uick movement to endeavor to save that wijig
from being totally destroyed ; in this maneuvre
general Frazier was mortally wounded. The
situation of the whole detachment was now

HISTORY OF VERMONT. 1^7^

become extremely critical, but the danger to^
which their lines were exposed, was still more'
serious and alarming. Phillips and Reidesel
were ordered to cover the retreat, and those'
troops which were nearest, or most disengaged/
returned as fast as they could for their defence.
They were obliged howerer to abandon six
pieces of cannon, most of the artillery men being
siain, and the horses entirely destroyed. • .

The British troops in general retreated in
good order, though hard pressed. In their re-
treat th«y had been chased for nearly two miles,
and they had scarcely entered their camp,' when
the Americans stormed it with great fury ;
rushing on through a severe fire of grape shot
and small arms, with the most desperate valor.
Arnold led on the attack with his usual impetu-
osity, but met With a spiiited resistance from the
light infantry, under lord Balearras, who had
been ordered to defend that part of the line.
The engagement continued with the utmost
obstinacy on both sides, till Arnold was wound-
ed and forced to retire. His troops continued
the attack witli the greatest bravery and perse-
verance, but found the British grenadiers so
strongly posted, that they finally succeeded in
defending their lines. But in another quarter,
where the Germans were posted, the Americans,
led on by colonel Brooks, carried the entrench-
ments, sword in hand ; totally routing the enemy,
with the loss of their baggage, tents, and artille-
ry ; nor could the post be regained, though
Burgoyne, extremely anxious to recover it, em-
ployed some of the best of the British troops
io eifect that purpose. In this attack, colonel

14$ N/VTORAl- AJfl) Qiyih

Breyman, who cornmanded the Germans, w*|
slain, with a great number of his men. Thfr
Aiperiqans Jk;cpt possession of the ground whicl^,
they; had taken ; and nothing put an end to th«
action, or left the remaining part of the British
camp in quietfiess, but th^ approach and dark-
ness of night.

Tfti^ action was one^ of die most animated
and obstinate that had ev^r been fought in A-
inerica. Arnold, through the whole of it, was
actuated: Hy military rage. In the heat of the
engagement, he pat;! jbut little regard to military
maxims, and appf^rc-d to be intent on nothing
but attacking and bearing down the enemy.
The American troops caught the same spirit,
and regardless of ^1 consequences, were ready
to follow their officers through all dangers and
hazards. And never had a Britis|i army met
with a more fierce and determined opposition 5
they now found the Americans were not only
determined to defend thei'r country, but reso-
lutely fixed on conquering and captivating tha
whole royal army. Besides general Fra?ier and
colonel Breyman, several other ofliicers were
slain. Sir James Clark, majors Williams and
Ackland,werewounded and taken prisoners. The
loss of the Americans was verj' small. They had
taken two hundred prisoners, nine pieces of ar-
tillery, the encampment of a whole German
brigade, with all their equipage : And what was
of still greater consequence to them, they had.
taken a large supply of ammunition, the want o(
which had been severely felt in the American
camp.

Whem the day closed, the distress ancj (ja-

HISTORY OF VERMONT. 149

lamity of the royal army was found to be of so
serious and extensive a nature, as to demand
their immediate attention. A dangerous open-
ing was now made on their right flank and rear.
The Americans had halted at but half a mile
distance ; and between twelve and one o'clock
at night, general Lincoln, who during the action
had commanded within the works, march^rd
with his division to relieve the troops that had
been engaged ; and to keep possession of the
gj-ound they had gained. In this situation, a
total change of position became necessaiy to the
British, to save their army from total destruction.
It was accordingly executed that very night,
with the greatest silence, order and intrepidity ; •
the whole army moving to the adjacent heights,
and forming a new camp, where they could not
be attacked with advantage.

The next day, October the eighth, the royal
troops were under arms the whole day, expect'
ing the action would be renewed ; but nothing
took place except a cannonading, and some
small skirmishes, which occasioned some loss
to both parties. The object of general Gates
now was, not to attack, but to surround the
British army in such a manner as to prevent
their escape. To effect this purpose, previous
to the last action, he had posted fourteen hun-
dred Americans on the heights opposite to the
ford of Saratoga ; and two thousand had been
sent to prevent a retreat to fort Edward. On
the eighth, fifteen hundred more were posted at
the ford, which was higher up the river. Bur-
goyne, having received intelligence of these
iuovementSj concluded that Gates meant to turn

|50 NATURAL AND CIVIL

the right flank of the royal army ; which, when
accomplished, would have completely enclosed
his army pn every side. To prevent this disas-
ter, it was determined to make an immediate
retreat to Saratoga, and to execute it that very
liight. Accordingly, about nine o'clock in the
evening, the royal army began their retreat ;
abandoning the hospital, with the sick and
wounded, to the mercy of tlie Americans. To
the honor of general Gates, he discovered on
this occasion, that liumaiiity and tenderness,
which was highly honorable to his own charac-
ter, and greatly useful and salutary to those,
whom ' the fortune of war had thus thrown
friendless and forlorn into his hands. The royal
army nov/ made the best of their war to Sarato-
ga, which was not more than six miles distant.
But such was the badness of the roads, the starv- •
ing condition of the cattle, with an incessant storm
of rain, and other difficulties, that the army did
not arrive at Saratoga till the next night, and it
w'as then Vv'orn down with fatigue and distress.
On the morning of October the tenth, the
royal army and artillery passed the fords of the
Fish- kiii, a little to the north of Saratoga ; they
found a body of the Americans already arrived,
and throwing up entrenchments on the heights
before them. They retired on the approach of
the Britisli, but joined a greater force which had
been stationed to prevent the passage of the
royal army. Every hope of escape was now-
cut off, but that of making a retreat to fort
George. To effect this, a detachment of arti-
ncers, under a strong escort, was sent forward
to repair the bridges, and open the ifoad lo foi%

HISTORY OF VERMONT. 151

Edward. This detachment had proceeded but
a little way from the camp, before the sudden
appearance of the Americans in great force,
obhged Burgoyne to recall the escort that was
sent on ; and soon after, on a very slight attack
by a small party of the Americans, their provin-
cial guard of loyalists abandoned their post, and
left their workmen to shift for themselves ; hav-
ing done no more than to begin some repairs on
one of the bridges.

Nothing was now wanting to complete the
reduction of the British army, but to cut off
their resources for provisions. These had
hitherto been brought to their camp by the
boats which had followed them along on Hud-
son's river from Stillwater to Saratoga ; burt
this resource had now failed. The eastern shore
of the river was lined with strong detachments
from the American army ; and the British bat-
teaux, loaded with provisions and other neces-
saries, were of course exposed to their continual
assaults, notwithstanding all the care that could
be taken. Many of them were taken by the A-
mericans, and a number of men were lost in the
skirmishes that took place on these occasions.
At length it was found that nothing more could
be effected this way j and whatever was attempt-
ed to be carried to the British, would not fail to
fall into the hands of the Americans.

In circumstances so desperate, a council of
war was held, to consider of the practicability of
a retreat. The only measure that could be sup^
posed to bear the appearance of possibility in
this respect, was to attempt to gain fort Edward
by a- night march, and to carry their provisions

152 NATURAL AND CIVIL

On their backs. That it was impossible tb i^--
J)air the roads and bridges, and to carry their
artillery and bag'^^ge in carriages, was too eti-
dent to become the subject even of conjecture,
it was proposed therefore as the only practicable
attempt, to march off by night, and force a pas-
sage at the fords, near fort Edward ; and pre-
parations were making to carry iato effect this;
desperate and forlorn resolve* But all hope of
effecting this maneuvre soon failed. Intelligence
Was received that the Americans were strongly
entrenched opposite to the fords at which the
British proposed to pass ; and that they had
a camp well fortified with artillery on the high
grounds between fort Edward and fort George ;
and that their parties were every where spread
over the opposite bank of tlie Hudson, waiting
and ready to oppose every motion of the royal
army.

In this melancholy situation, the British ar-
Jny remained for some time, lying constantly
on their arms. Every hope seemed to fail.
Their numbers had be^n constantly decreasin.^
for several weeks. Their spirits and strength
were worn down by ill success, and extreme
fatigue. A continued cannonade pervaded:
their camp^ and even rifle and grape shot feD.
into every part of their lines. The Indians,,
Canadians, and provincial loyalists, had mostly
deserted them. They had entertained hopes
that their friends at New York would attempt
to relieve them, or at least make a diversion in
their favor ; but no intelligence of this kind
Was received. Nothing was to be expected
from any rash measures or attempts of the A-

HISTORV OF VERMONl-. 15$

ihericans, for Gates discovered no disposition
to attack them, though his numbers were every-
day increasing. And Burgoyne upon a careful
examination of their whole stock of provisions
had foundj that they had not more than suffi-
cient for three days.

Re t»uf; ED to siich a distressed situation, on
October the thirteenth, general Burgoyne called
a council to which he invited not only the su-
perior officers of his army, but all the captains
who commanded corps or divisionsi There'
was not a spot of ground in the whole campi
for holding the council of war, which was not
exposed tcj cannon or rifle shot ; and while they
were deliberating, an eighteen pound ball cros-
sed the table. The result of the council was,
an unanimous determination to enter into a trea-
ty with general Gates. The business was an-
nounced the same day, by the following card :,
*' Lieutenant General Burgoyne is desirous of
sending a field officer with a message to Ma-
jor General Gates, upon a matter of high con-
sequence to both armies. He requests to be
Informed at what hour general Gates will re-
ceive him to-rnorrow morning." The answer
was, '^ Major General Gates will receive a field
<)fficer from Lieutenant General Burgoyne, at
the advancea posts of the army of the United
States, at ten o'clock tomorrow morning, from,
which he will be conducted to head quarters.
Dated, the Camp of Saratoga, 9 o'clock." The
next day, major Kingston delivered the folloMW
ing message to general Gates : " After having
fought you twice, Lieutenant General Burgoyne
has waited some days in his present position,

VOL. II." T .

154 . NATURAL AND CIVIL

determined to try a third conflict, against an;f
force you could bring to attack him. He is
apprised of the.. superiority of your number*
and the disposition, of your troops to impede
Jbis supplies, and render his retreat a scene of
carnage on both sides. In this situation he is
impelled by humanity, and thinks himself jus-
tified by established principles and precedents of
State, and of war, to spare the lives of brave
men upon honorable terms ; should Major Gen-
eral Gates be inclined to treat upon this idea.
General Burgoj'ne will propose a cessation of
arms during the time necessary to communicate
the preliminary terms, by which, in any ex-
tremity, he and hisarmv would abide."* It was
not difficult to agree upon the articles of capi-
tulation ; in one only was there any altercation.
It had been proposed that the British army
should ground their arms in their encampments.
General Burgoyne viewed this as an article
more derogatory to their honor, than the sur-
render of the whole army. *' This article," said
he, "is inadmissible in any extremity. Sooner
than this army will submit to ground their
arms in their encampment, they will rush on
their enemies, determined to take no quarter."
The important point with general Gates was, to
effect the surrender of the royal army ; to ac-
complish this, he readily agreed that they should
be allowed to march out of their camp with the
honors of war, and their arms be laid down by
jthe command of their own officers. In the
management of the treaty, Burgoyne discovered
an affected dignity and importance ; but it was
reduced to inactivity, conscious of its own im-

* Murray, vol. 2, p- 364.

- HISTORY OF VERMONT. 155

potence, and mortified by distress, pride and
sensibility. Gates humoured his feelings, and
seems to have wished to leave to him all the
comforts of punctilio, ceremony, and vanity ;
while he took from his troops all their arms,
importance, and power. And to give the soft-
est name to the most humiliating of all acts, the
capitulation was styled, A convention betxveen
lieutenant general Burg oyne and major general
Gates.

On October the sixteenth, the terms of the
treaty were adjusted, and it was agreed that the
articles should be signed the next day at nine
o'clock in the morning. In the night, the offi-
cer who had been sent to general Clinton re-
turned, and brought intelligence to general
Burgoyne, that the British had taken fort Mont-
gomery, were then at Kingston, and were com-
ing up the river to Albany. From this intelli-
gence, Burgoyne entertained some slight hope
of a distant relief ; and as the articles were riot
signed, he submitted it to his officers, whether
the public faith was already fully plighted, and
whether it was expedient to suspend the execu-
tion, and to trust to events. The majority of
the council determined that the public faith
was already bonajide plighted, and that it was '
best to complete the execution. Burgoyne
himself voted against the majority in this deci-
sion, JDut the vote being carried against him, it
was unanimously agreed to sign the treaty.
Gates had full intelligence of the progress the
British w^re making on Hudson's river, of the
destruction they had made at Kingston, and
that thev threatened to be at Albany in a few

£56 NATURAL AND CIVIL

hours ; he was very apprehensive that the Bni^
ish force approaching under general Vaughan^
was designed to assist Burgoyne, hj forcing-
him to divide his army ; and he had repeated
appHcations to send part of his troops for the
defence of that part of the country. He deter-
mined therefore to bring the matter to an im-
mediate issue. On the morning of the seven-
teenth, he got etery thing ready for attacking
the British army. At nine o'clock, the time a-
greed upon for signing the articles, he sent colo-
nel Greaton on horseback to general Bur-
goyne, requiring his signature, and allowing him
no more than ten minutes to go and return.
The business was completed by Burgoyne with-
out any delay, and Greaton returned with the
treaty within the ten minutes. All hostile ap-
pearances immediately ceased, and the Ameri-
cans marched back to their liiiCs, to the tune of
Yankee Doodle, ju perfect order, and with-
out any appearance of insolence or exultation.

The terms granted to the royal army, con-
sidering their reduced situation, must be viewed
as more favorable than they had a right to ex-
pect. The army was to march out of their
camp with the honors of war, and the artillery
of the entrenchments, to the verge of the river,
and there deposit their arm.s. They were to be
allowed a free passage from Boston to Great
Britain, on condition of not serving agiun in
North America, during the war. The officers
were not to be separated from their men, nor
hindered from assembling them for roll caliingj^
and other necessaiy purposes of regularity {
they were to be .upon parole, and permitted t3

HISTORY OF VERMONT, 1ST

wear their side arms. All private property was
to be held sacred, and the public to be delivered
upon honor ; no baggage to be searched or
molested ; all persons of whatever country, ap-
pertaining to or following the army, to be com-
prehended in the capitulation ; and the Canadi-
ans to be returned to the province of Quebec,
subject to the conditions of the treaty.*

The capitulation of a British army, was arj.
event, until that time unknown in America. In
the present instance, it was attended with the
greatest possible mortifications, the surrender
being made to those, who in ail their proclama-
tions and writings, they had styled traitors and
rebels j and till very lately had affected to con-
sider as a lawless rabble o£ cowards. Gates
had been a British officer, and he was attentive
to the painful feelings of the royal army, and
did not wish to add any aggravating circum-
stances to their humiliation. He carried the
nice delicacy of military honor so far, that the
American troops v/ere kept Vvithin their lines,
while the royal army was going through the de-
grading work of laying down their arms. The
humanity and politeness of the American com-
mander, was the more unexpected and praise-
worthy, as his whole army was at this time just-
ly irritated by the destruction of the mills and
buildings at Saratoga, burnt by order of general
Burgayne, when he Vv'as forced to retreat from
that place. The same plan of devastation and
ruin was pursued by the British troops under
general Vaughan. On their passage towards
Albany, Vaughan was informed that Burgoyne

» Append;?, Na. VI.

158 NATURAL AND CIVIL

had surrendered, and it was too late to afford
him any assistance. He found the town of
Kingston or Esopus deserted ; if he could not
obtain victory, he was determined to have re-
venge : Ke doomed the deserted village to the
flames ; the v^^hole, by his order, was reduced
to ashes, and not one house was suffered to re-
m':iin. While the British troops were thus imi-
tating the measures and manners of the most
sav^ige barbarians, they had too much reason to
expect that a captivated army would be treated
with severity ; and they were astonished to find
that nothing like insult, ridicule, or revenge,
was to be seen in any part of tlie American army.
The number of troops, who on this occasion
laid down their arms, by Burgoyne's hccount,
was five thousand seven hundred and ninety one.
The sick and wounded left in the hospital, were
stated at five hundred and twenty eight ; and
the loss in battles, by sickness and desertion,
after the sixth of July, were computed at two
thousand nine hundred and thaly three. The
whole amount of these numbers, being nine
thousand two hundred and fifty two, it is probable
were not stated too high ; for by every acr
count, the royal army, when it left Canada, was
full ten thousand strong. A fine train of brass
artillery, amounting to forty two pieces of dif-
ferent sorts and sizes, besides the small arms
and ammunition, fell also into tlic hands of the
Americans. And so reduced was the British
army with respect to provisions, that they had
not bread or flour ;" nor salt meat only for one
day. The number of men that had joined Gate's
army, was about thirteen thousand ; of these

HISTORY OF VERMONT. 15^

two thousand and five hundred were sick, or
absent on furlough ; sa that the number of ef-
fective men in his army, amounted to about ten
thousand and five hundred. The number of
militia however was constandy varying ; some
arriving, and others returning.*

The convention troops having marched on
to Boston, the New England militia returned to
their respective homes ; but general Gates
pushed forward his continental troops with the
utmost expedition, to stop the British in their
desolatory career on Hudson's river ; among
these, was the Vermont regiment under colonel
Warner-t On their approach, the British com-
manders, Vaughan and VVallis, found it unsafe
to continue their desolating and burning plan ;
and returned with their troops to New York ;
having made their ov/n cause extremely odious
to the Americans, by the cruelty, inhumanity,
and vindictive spirit, that had mai'ked all their
proceedings.

The northern expedition having terminated
thus favorably to the Americans, Saratoga and
the adjacent country, soon became a quiet habi-
tation. The armies were all moved off, and the
inhabitants began to return to their former places
of abode. The towns in the western parts of
Vermont, which had^ been deserted, began again
to be inhabited. Where the crops of grain had
not been entirely destroyed, the inhabitants soon
collected, and were seen gathering their corn
and hay in the months of November and De-
cember. Their first business was to collect

• Gordon, Vol. II, p. 268. Murray, Vol. 11, p. 35,5,
t AppcHdis, No. VIT.

166 I^AtURAL AND CIVIL

|)rovisions to carry them through the winter ;
and as the operations of war were not expected
to re-commence in that part of the country, their
civil affairs became the matters of the highest
importance. From their pecuUar situation and
former controversies with the government of
New York, the object which must now most of
all engage their attention, was civil liberty and
government ; under what government they were
to remain, and under v/hat constitution and laws
they were to look for freedom, justice, safetjr
and protection^

HiSTdRY OF VERMONT. 16i

CHAPTER V.

fci V i L Po L r c Y. Trom the y^ar 1775, to 1783,
Political state df the people. Conventions to ^
consult on the commori safety. Declaration of
th'€ Iridependefice of'Vermont. Proceedings of
New York. Resolves of Congress. Contro-
versy with New Hampshire. Claiijis of Adw
Hampshire, Neu) York^ md Massachusetts,
Jlppointment of Com?nissiOners, to confer iviih
the Inhabitants. Interpdsition of Congress,
Comluct of Vermont. Measures puriued by
Congress. Further claims of Vefmont. Pror-
teedings and views of the British generals and
ministers. JResolutions . of Congress. Pro-
eeedings of Vermont, New Yotk\ and J\ew
Hampshire. Advice of General Washington*
Proceedings of Vermont. Votes of Congress^
Remarks on the design, and effect of those
votes. Indian depredations at Royalto7u

1775. WHILE the people of America
Trcre thus contending with th& fleets and armies
of one of the most powerful kingdoms of Eu-
rope, and were exerting all their strength and
Tesotirces, to defend themselves against a foreign
conquest, another object of equal difficulty and
importance, was, to form such a system of civil
govemment, as should be best adapted to their
state of society. The sufferings they had un-
dergone, hi consequence of their connection
with the British king and monarchy, had every
ivhere made them averse to the monarchical
form of government ; and every circumstance

TOL. IT, U

162 NATURAL AND CIVIL

in their situation and affairs, inclined and united
them to make choice of the republican system.
Their object was not licentiousness and confu-
sion, but the preservation of public liberty, or-
der, and safety ; and they were well aware that
it was a matter of extreme difficulty, to form
such constitutions of civil government, as would
preserve these objects from the attacks of licen-
tiousness and oppression. Civil policy and gov-
ernment became of course an object of universal
enquiry, study, and investigation ; and the
people were as anxious to provide for their own
internal government and safety, as to provide
ways and means to carry on the war.
, In no, part of America, were the advantages
of civil government more wanted, than among
the inhabitants on the New Hampshire Grants.
Amidst all the difficulties they had passed
through, they had not so much as ihe form of
any civil government among them. When cal-
led upon to oppose the proceedings of New
York, they had no other wayof transacting their
affairs, than to collect together, and follow the
advice of the most active and ambitious of their
leaders. When alarmed by the defeat of the
American armies, or the approach of the British
troops, or when called upon for supplies, the
only method in which they cpuld conduct the
business, was to collect together and consult
what should be done. And when they had voted
thcir^conclusions, their agreements had no other
force, nor was there any other pov/er to carry
the most necessary measures into effiict, than
the consent and inclination of every individual
imong them. No civil laws were of any other

HISTORY OF VERMONT. 16S

force than what custom and habit gave them.
The sentiments and maxims derived from the
'Opinrens and feelings of the neighborhood, were
all the powers that subsisted to put any restraint
on the most vicious, or to preserve the lives and
properties of the inhabitants. It was soon found,
not only inconvenient to subsist, but impossible
to have safety and prosperity, in such a state of
society.

The contest with New York, had now in a
great measure subsided, and the attention had
been chi-jfly taken up, with the affairs of the war.
The method in which they had managed their
general concerns, was by meetings of towns and
plantcitions, by committees, officers, and leaders,
nominally appointed, and submitted to, by gen^
eral consent and approbation. The people had
been unable to raise, any considerable sums of
money, on any occasion ; but the affairs of the
war had so multiplied emissions of paper cur-
rency,' that this difficulty was in some measure
removed. But the constant difficulty and em-
barrassment, of conducting their public affairs
without the advantages of government, had giv-
en rise to combinations of a general nature^
among several of the towns ; and partial con-
ventions had been holden at several times and
places, on each side of the mountains. But no
general plan ©f combination and union, had taken
place ; nor does it seem, that the people at this
period of their affairs, had entertained the idea
of forming themselves into an independent state.
But it had become a matter of general inquiry
and conversation, what should be done ? And
what measures ought to be adopted for the

164 NATURAL AND CIVIL

public safety ?— The situation of the inhabitants
at this time, seems to have approached nearly
to what has been called bv some, a state of na-
ture. A large number of people were hcattereci
over a large tract of country, in small settle-
ments, at a great distance from each other, with-
out any form of government, any established
laws, or civil officers. Nature and necessity had
forced them to associate, and to combine to-
gether, to promote their common safety and in-
terest : But they had not entertained the idea,
of setting up an independent government, or
formed any plan for their future proceedings, or
regulation. They seem to have been waiting,
for the course of events to point out to them^
wliat was practicable and prudent.

To obtain information, in the fall of the year
1775, some of the leading members went to
Pliiladclphia, to procure the advice of CongresSo
Tliey did not obtain any formal act or advice froni
that body, but upon their return dispersed a
number of letters, representing it as the opi'iion
of several uieinbers of Congress, that the people
should form a temporary association, and gov-
ernment by committees and conventions, as the.
circumstances of the people might require. Ac-;
cordingh'j on January 16, 1776, a conventior^
met at Dorset, and drew up a petition to Con-
gress. Their application they 'styled, " The
humble petition, address, and remonstrance of
that part of America, being situate south of
Canada line, west of Connecticut river, com-
monly called and known by the name of the New
Hampshire grants." They avow their readiness
to bear a full proportion of the American war^

HISTORY OF VERMONT. 165

their ability and zeal in the common cause, and
ti willingness to be called upon for this purpose,
whenever Congress should judge it necessary :
But declare they are not willing to put themr
selves under the provincial government of New
York, lest it should be afterwards coristrued to
imply an acknowledgment of that authority.
They conclude with requesting, that whenever
the Congress should find it necessary to call for
their services, they may not be called upon as
inhabitants of New York, or as persons subject
to the limitations, restrictions, or regulations, of
the militia of that province ; but as inhabitants
of the New Hampshire grants ; and that what-
ever commissions, might be granted to any of
the inhabitants, might consider theni in that
view.*

This was the first application, the people had
ever made to Congress. The committee to
whom it was referred^ reported as their opinion,
that it be recommended to the petitioners for
the present, to submit to the government of
New York, and to assist their countrymen in
the contest with Great Britain ; but that such
submission, ought not to prejudice their right
to any lands in controversy, or be construed to
affirm or admit the jurisdiction of New York,
over the country, when the present troubles
should be ended. This advice was such, as
might have been expected : At a period whei;
the fate of all the American colonies was at
stake, the committee could not but wish, that a\\
local or provincial controversies might subside ;
To avoid any decision upon the matter at that
time, the petition was withdrawn.

» First petition to Congress, dated Dorset, Jan- 1 7, 17 74;

166 NATURAL AND CIVIL

On July the fourth, 1776, the Congress made
a declaration of hidepeiidencc ; dechiring in the
name, and by the authority of the people of the
United Colonies, that they were, and of right
ought to be, free aiid independent States ; that
they were absoh'ed from all allegiance to the
British crown, and that all political connexion
between them, and the kingdom of Great Britain,
was totallynlissolved. By this sound and deci-
si\'e policy, the United Colonies were delivered
from the embarrassments, with v.'hich they had
before been perj)Icxed. It was no long-er of any
importance to them, what were the powers and
prerogLitives of the crown ; or what was the
origin, or cxtciit of liberty, under the British
constitution. One question only, remained to
be dccitled ; and that was, whether for the
future, they were to be concpjered provinces, or
free and iudependerit states ?

But while the declaration of Independence,
clearly stated to the United Colonies, the ground
o\\ which tliey were to stand ; it left the people
on the New Hampshire grants, in a situation
more uncertain and critical, than that in which
they had been before. Colonel Skeen had ob-
tained a commission from the crown, to be gov-
ernor of Ticonderog:i, Crown Point, and the
adjacent country ; but to what e;Ktent, was un-
known- Nevv }lamps!jh-e had renounced all
political connexion with them. The controversy
witli New York was reviving. The convention
of that state had unanimously voted, on August
second, 1776, " That all quit rents formerly due
to the king of Great Britain, are now due, and
<)wing to this convention, or such futiijre

HISTORY OF VERMONT. I6l

government as shall hereafter be established in
this state."*- To submit to the claims of New
York, was to give up the whole of their property,
and to reduce themselves to a state of depen-
dence, and beggary. To oppose her diiims aid
power, would probably bring' op, not only a
contest with New York, but with the Congress
also : And to continue without some form of
government, was impossible.

A situation attended with so many difHcultics,
%ave rise to a variety of opinions. Some were
for attempting to return to New Hampshire :
Others saw no other method of proceeding, but
submission to New York. The more rcsolute,r
were for assuming the powers of government,
and hazarding all the consequences of such a
measure. To ascertain what the prevailing
opinion was, it was judged necessary to call a
general convention. This convention was cal-
led by circular letters, from some of the most ,
Influential persons ; it consisted of fifty one
members, representing thirty five towns, and
met at Dorset, July 24th, 177G. At this ses-
sion, the convention agreed to enter into an as-
sociation among themselves, for the defence of
the liberties of their country : But that they
Vvould not associate with either of the counties,
or with the provincial Congress of New York ;
and that any of the inhabitanits of the New Hamp-
shire grants, who should enter into such an as-
sociation, should be deemed enemies to the
common cause.

* In the grants made by the governors of New Hampfhirc, the anntml
cuit rents rct'ervpd to the crown on every hundred acres, were one fhilling,
proclamation money, equal in value to nine pence ftcilinp;; in the grants
watle by the governors ot New York, thCiC quit lents were mfed to fA.-©
s*>j-Ili!Vgs and fiK pence fterling,

^

j((fS NATURAL AND ClVlL

The sentiments of the people, were itdtv
very generally tending to\^'ards a total separa-
tion from New York. On September the 25thy
the convention met again, and resolved without
a dissenting vote, " to take suitable measures
as soon as may be, to declare the New Hamp-
shire grants, a free and separate district.'* And
that " no law or laws, direction or directions
from the State of New York, should be ac-
cepted."

In January 1777, a general convention of rep-
resentatives from the towns on both sides of the
mountains, met at Vrestminster. The senti-
ments of their constituents, were now, well
known : And after a very serious debate and
consultation, the convention concluded that
there v,-as no other way of safety left, but to
form themselves into a new state, and assume all
tlic povv-ers of government. Accordingly, on
January 16, having resolved upon this meas-
ure, they made and published the following dec-
laration :

" This convention, whose members are du-
ly chosen by the free voice of their constitu-
ents, in tire several towns on the New Hamp-
shire grants, in public meeting assembled, in
our own names, and in behalf of our constitu-
ents. Do hereby procLiim, and publicly declare,^
that the district of territory comprehending,
and usually known, by the name and descrip-
tion of the New' Hampshire grants, of right
ought to be, and is hereby declared forever
hereafter to be considered as a free and inde-
pendent jurisdrction, or state ; to be forever
hereafter called, known, and distinguished, by

HISTORY OF VERMONT. 169

the name 6f New Connecticut, alias Vermont ;
And that the inhabitants that at present, or that
may hereafter become resident within said terri-
tory, shall be entitled to the same privileges,
immunities, and enfranchisements which are,
or that may at any time hereafter be allowed,
to the inhabitants of any of the free and inde-
pendent states of America : And that such
privileges, and immunities, shall be regulated
in a bill of rights, and by a form of govern-
ment, to be established at the next session of
this convention."*

Having taken this decisive step, they drew
irp a declaration and petition to Congress, in
which they announce to that body, as the grand
representative of the United States, that they had
made and published a declaration, " that they
would at all times thereafter, consider them-
selves as a free and independent state, capable
of regulating their own internal police, in all ^
and every respect whatsoever 5 and that the
people in the said described district, had the
sole exclusive right oi governing themselves, iii
such manner and form, as they, in their wis-
dom,, should choose ; not repugnant to any re-
solves of the honorable, the continental Con-
gress : And that they were at all times ready,
in conjunction with their brethren in the United
States, to contribute their full proportion to-
wards maintaining the present just war, against
the fleets and armies of Great Britain. "f They
petitioned Congress that their declaration might
be received, that the district therein described,

• Recorcis of the Convention. Appendix, No, VIII-
+ Copy, attested by J. Fay, clerk.

VOL. II. W

176 NATURAL AND CIVIL

ittip-bt be ranked among the free and indepen=8
aeiiL American Stales ; and delegates therefrom^
be admitted to a seat in Congress. This dec-
laration and petition was signed, and presented
to Congress in behalf of the inhabitants, by
four of the most respectable members of the
convention ; Jonas Fay, Thomas Chittenden^
Heman Allen, and Reuhen Jones.*

No measure was ever more necessary, or
more happily chosen, than this. Newhumpshire
had v/holly rejected them. They never had
submitted to the government of New York^
but stedfastly opposed her authority. By the
dissolution of all connexion with the crown of
Great Britain, they concluded they wer^ no
longer subject to the claims of New York, foun-
ded on tlie arbitrary decisions of that crown.
The period was now come, when as they exi
pressed it, they were reduced to a state of na-
ture. Some form of government, must be a-
dopted. They had the same right to assume
the powers of government, that the Congress
had. The step seemed to be absolutely neces-
sary for the immediate safety and protection of
the people : And now was the time, when the
powers of government could be assumed, with
B the greatest safety and advantage. To be ir-
resolute or timid, was to lose an opportunity,
which might never return : And whatever opj
position might be made to their measures, they
could meet it with greater force, when they had
declared themselves a free and independent
state, and knew by what authority they acted.
Every part of the United States^ was at that

* Appendix, No. IX.

HISTORY OF VERMONT. 171

period, contending against oppression ; and eve-
ry consideration that could justify the proceed-
ings of Congress, was a reason, why the people
of Vermont, should take that opportunity, ef-
fectually to guard against their former sufferings*.
Happily for themselves, and for the state, they
adopted that firm and temperate policy, which
alone was adequate to the object.

The conduct of Vermont, in declaring theii'
independence, was viewed by the adjacent states,
in very different lights. New Hampshire ap-
peared willing to admit, and acknowledge it.
In Massachusetts and Connecticut, the measure
was rather applauded, than condemned. But to
New York, the conduct of the people in at-
tempting to form a new state, appeared as n
dangerous revival of their former opposition arid
rebellion to lawful authority.

The committee of safety for that state, were
then sitting. Apprehensive of the consequences,
they immediately took up the matter ; and by
their direction, the president of the New York
convention, on January 20th, 1777, gave this
information to Congress : *' I am directed by
the committee of safety of New York, to inform
Congress, that by the arts and influence of
certain designing men, a part of this state hnih.
been prevailed on to revolt, and disavow the
authority of its legislature. The various evir
dences and informations we have received would
lead us to believe that persons of great influence
in some of our sister states, have fostered and
fomented th^se divisions. Sut as these infor-
mations tend to accuse some members of your
honorable body, of beine concerned in thiis.

in NATURAL AND €IVIL

scheme, decency obliges us to suspend oikr be-
lief. The convention are sorry to observe, that
by conferring a commission upon colonel War-
ner, with authority to name the officers of a regi-
ment, to be raised indepelidently of the legislature
of this state, and within that part of it, which hath
lately declared an independence upon it, Con-
gress hath given but too much weight to the
insinuations of those, who pretend that your
honorable body are determined to support these
insurgents ; especially as this colonel Warner,
hath been Cdnstantly and invariably opposed to
the legislature of this state, and hath been, on
that very account, proclaimed an outlaw by the.
late government thereof. It is absolutely ne-
cessary to recall the commissions given to colo-
nel Warner, and the officers under him, as
nothing else will do justice to us, and convince
those deluded people, that Congress have not
been prevailed on to assist in dismembering a
state, which of ^11 others, has suffered the niost
in the common cause."* To persuade Con.,
gress to engage in this cause, another application;
w.as made to that body, on March the first •:
In this the convention of New York represent,
that they depend upon the justice of that honor-
able house, to adopt every wise and salut4.try
expedient, to suppress the mischiefs which mu"st
ensue to that state and to the general confede-
r-acy, from the unjust and pernicious projects of
such of the inhabitants of New York, as merely
fromi selfish and interested motives, have fo-
mented the dangerous insurrection : That Con-

• Attested copy of a letter froui the Hon. A. Ten Brock, pre5i4ent.
of th>; conventlcn of New York, dated Jan. 20, J777.

HISTORY OF VERMONT, 173

gress might be assured that the spirit of defec-
tion, notwithstanding all the arts and violence of
the seducers, was by no means general : That
the county of Gloucester, and a very great part
of Cumberland, and Charlotte counties, continu-
ed steadfast in their allegiance to the government
of New York ; and that there was not the least
probability, that colonel Warner could raise
such a number of men, as would be an object
of public concern.*

The proceedings of Vermont had now as-
sumed a regular form, and become an object of
general attention. In April, a paper was printed
at Philadelphia, subscribed Thomas Young, and
addressed to the inhabitants of Vermont .: To
this address was prefixed a resolution, which
Congress had passed May 15, 1776, recom-
mending to the respective assemblies and con-
ventions of the United Colonies, where lio govr
ernment sufiicient to the exigencies of their af-
fairs had been already established, to adopt such
government, as in the opinion of the representa-
tives of the people, should best conduce lo the
happiness and safety of their constituents- In
the address to the inhabitants of Vermont, were
these paragraphs : *^' I have taken the minds of
several leading members, in the honorable the
continental Congress, and can assure you, that
you have nothing to do, but to send attested
copies of the recommendation to take up gov-
ernment, to every township in your district, and
invite all your freeholders and inhabitants to
meet in their respective townships, and choose
members for a general convention^ to meet at.

* J.etterfrom A. Ten Bfoek, of March i, J777.

174 NATURAL AND CIVIL

an early day, to choose delegates for the general
Congress^ a committee of safety, and to form a
constitution for your state. Your friends here
tell me, that some are in doubt, whether dele-
gates from your district, would be admitted into
Congress. I tell you to organize fairly, and
make the experiment, and i will ensure your
success, at the risk of my reputation as a man
of honor or common sense. Indeed they can
by no means refuse you ! You have as good a
right to choose how you will be governed, and
by whom, as they had."*

Publications and measures thus avowing
the cause, and designed to establish the inde-
pendence of Vermont, were beheld by New
York, with great indignation and concern. On
May the 28th, the council of safety for that state,
made a third attempt to engage the attention of
Congress. By iheir direction, their president
wrote to that body, that a report prevailed and
daily gained credit, that the revolters were pri-
vately countenanced in their designs, by certain
members of Congress ; that they esteemed it
their duty to give them such information, that
by proper resolutions on the subject, Congress
might cease to be injured, by imputations so
disgraceful and dishonorable. " However un-
willing we may be to entertain suspicions so
disrespectful to any member of Congress, yet
the truth is, that no inconsiderable numbers of
the people of this state^ do believe the report t©
be well founded."*

• Printed letter to the inhabitanti of Vermont, April li, IJjy, by
T. Yeung.

• Pierre Van Cortlandt's letter t« Caiigrcss, May 38, 1777.

HISTORY OF VEKMONt. in

To bring Congress to'' some decision upon
the matter, on June 23d, one of the delegates of
New York laid before that body, the printed
letter and publication of Thorhas Young. Con-
gress took up the matter, and ordered the prints
ed paper, the letters which had been received
from the convention of New York, and from the
inhabitants of the New Hampshire grants, to be
referred to a committee of the whole ; and after
several adjournments, on June 30th, passed the
following resolves :

*' Mesolvedy That Congress is composed of
delegates chosen by, and representing the com-
munities respectively inhabiting the territories
of New Hampshire, Massachusetts Bay, Rhode
Island and Providence Plantations, Connecticut^
New Yorki New Jersey, Pennsylvania, Dela-
ware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia, as they respectively stood
at the time of its first institution ; that it was
instituted for the purpose of securing and de-
fending the communities aforesaid, against the
usurpations, oppi*essions, and hostile invasions
of Great Britain ; and therefore it cannot be in-
tended that Congress by any of its proceedings
would do^ Or recommend, or countenance, any
thing injurious to the rights and jnrisdiction of
the several communities, which it represents.

" Resolved, That the independent government
attempted to be established by the people, styling
themselves inhabitants of the New Hampshire
grants, can derive no countenance, or justifica-
tion, from the act of Congress declaring the
United Colonies to be independent of the crown
of Great Britain ; nor from any other act, or
resolution of Congress,

176 NATURAL AND CIVIL.

;^*'Resolvedy That die petition of- jon&s Fay^
l*homas Chittenden, Heman Allen, and Reuben
lonesi in the name and behalf of the people,
styling themselves as aforesaid, praying that
* their declaration _ that they would consider
themselves as a free and independent state, may
be received ; that the district in the said peti-
tion described, may be ranked among the free
and independent states ; and that delegates
therefrom may be admitted to seats in Congress^'
be dismissed.

" Resolvedy That Congress by raising and of-
ficering the regiment, commanded by colonel
Warner, never meant to give any encourage-
ment to the claim of the people aforesaid, to be
considered as an independent state ; but that
the reason which induced Congress to form that
corps, was, that many officers of different states,'
who had served in Canada, and alledged that
they could soon raise a regiment, but were then
unprovided for, might be reinstated in the ser-
vice of the United States."

Having recited the paragraphs in the letter
from Thomas Young, which have been quoted,
they next resolve, *' That the contents of the
said paragraphs, are derogatory to the honor of
Congress, are a gross misrepresentation of the
resolution of Congress therein referred to, and
tend to deceive and mislead the people to whom
they are addressed."*

These resolves were favorable to the govern-
ment of New York : From their spirit and style,
and the manner in which the busiaess was in-
troduced, the people of Vermont concluded,

, • JourBal of Congress, June, i;77.P'2i8. 259) *6*"

HISTOkt OF VERMONT. 177

they were drawn up liwder the influence of that
state ; arid that their independence must be sup-
ported, with the ^ame firmness and spirit, with
which it had been declared : And they served
only to confirm the resolution of a people, who
with all the hardihood of antiquity, were well
acquainted with the nature and origin of their
own rights.

During thi^ period, ho conti-oversy had
arisen with New Hampshire. That state had
go!ie flirtlier than any other, to admit ahd ac-
knowledge the independence of Verrriont. On
the 6th of July, 1777, the American army sta-
tioned at Ticonderotra, was forced to abandoil
that important post to the formidable army
commandc^d by general Burgoyne. THe people
in most of the towns on the west side of tlie
tnouhtains, were oblijied to abandon their habi-
tations, \vith circumstances of great distress and
confusion.

The convention of Vermont was then sitting,
at Windsor. Their committee wrote in the*-
:^ost pressing terms,* to the committee of safe-
ty at Exeter in New Hampshire, for assistance i
informing them at the same time, if none should
be afforded, they must immediately retire into
the New England States, for support and safety.
The assembly of New Hampshire was immedi-
ately called together :' They put a large body of
their militia under the command of general
Stark, and gave him orders to " repair to
Charlestown on Connecticut river ; there to
consult with a committee of the New Hampshire
g-rants, respecting his future operations, and the

- jHly g.

VOL. ir. X

178 NATURAL AND CIVIL

supply of his men with provisions ; to take the
command of the militia, and march into the
grants ; to act in conjunction with the troops of
that new state, or any other of the states, or of
the United States."* About the same time,t
Mr. Weare, president of New Hampshire, in
behalf of the council and assembly, wrote to
Ira Allen, secretary of the state of Vermont, an-
nouncing the assistance they were sending ; the
Style and expressions of his letter were addres-
sed to Vermont, as a free and sovereign, but a
new state. From these events it was not doubt-
ed in Vermont, but that New Hampshire had
already acknowledged her independence ; and
would use her influence, to have it acknowl-
edged by Congress.

But the conduct of some of the inhabitants
of New Hampshire, soon occasioned a contro-
versy of a very serious nature with that state.
New Hampshire was originally granted as a
province, to John Mason ; and was circumscribe
ed by aline, drav/n at the distance of sixty miles
from the sea. All the lands to the westward of
that line, were properly royal grants, and had
been annexed to New Hampshire, by force of
royal commissions. The inhabitants on the
eastern side of Connecticut river, well knew
what the original bounds of New Hampshire
were ; and they were desirous to join the in-
habitants on the west side of the river, in setting
up a new state. With these views, it was not a
difficult thing to find reasons to justify their
proceedings. They urged, that the province of

• Belknap's Hist. New Hampshire, Vol. 11, p. 413.

* July 19.

HISTORY OF VERMONT. 179

New Hampshire could not originally extend
farther, than sixty miles from the sea coast : -
That the additional towns were annexed to that -
state, solely by virtue of the royal commissions s
That these commissions could be of force, of
operate no longer, than while the power of th6 '
crown subsisted : That as all royal authority
was done away, the obligations which had an-
nexed them to the province of New Hampshire,
were done away with it : And that it now be^
longed to the people to determine, what state
they ^vould join, and what government they
would be under.* These ideas were propagat-
ed with much success, in the towns adjoining
Connecticut river ; conventions were holden,
and in the course of a few months,! a petition
was presented in the name of sixteen towns in
New Hampshire, announcing " that they were
not connected with any state, with respect to
their internal police," and requesting the state
of Vermont, to receive them into an union and
confederation with them.

The assembly of Vermont was perplexed
with this application. Most of the members
from the west side of the mountains, viewed it
as a dangerous measure ; and the majority of
the assembly, appeared to be against receiving
any of the towns from New Hampshire. The
towns in Vermont which adjoined to Connecti-
cut river, were generally in favor of receiving
the towns from Ntw Hampshire ; and went so
far as to propose withdrawing from their con-

* Observations on the right of jurisdidlion of New Hampshira.
grant* : Printed 1778. Public defence of tfcue rigbtof New Hampshire
jrants, &c. Printed 1779.
+ March 13, lyjg.

180 NATURAL AND CIVIL

nexion with Vermont, and setting up another,
state. There was no method to preserve tlieir
own union, but to refer the question to the de-
cision of the people : And the party in fiwox of
the New Hampshire proposals, were extremely
diligent and active, in securing a majority of
the membeiis, against the next meeting of the
assembly. When the assembly met, it was.
represented to them, that the inhabitants of the
towns which had applied for a union with Ver-
mont, were almost unanimous in their votes,
and that New Hampshire, as a stiite, would not
object against said towns joining with Vermont.*.
A vote was carried in favor of their union and
Gonfederation :t And the assembly of Vermont
resolved further, that any other towns on the
east side of Connecticut river, might also be ad.-
mitted into the union, on producing a vote of
the majority of the inhabitants, cr on their send-
ing a representative to the assembly of Vermont.
Having thus clTccted their purposes, the sixleefi
towns announced to the government of New
Hampshire, that they had withdrav/n from their
jurisdiction, and Vvished to have a divisional line
established, and a friendly correspondence kept.

These proceedings were founded upon prin-
ciples, which might introduce endless conten-
tions and divisions, among the United States ;
and they jiistly proved, greatly alarming to New
Hampshire.

Mesheck Weare, Esq. was at that time pre-
sident of that state, a gentleriian of great wisdoi"^

■» Allen's vindication of the conducl of the ^2nGral?i53cnibly,&c. p. ij.
i June II, 1778. t J^"c *i-

HISTORY OF VERMONT. 181

^nd virtue. In the name of the assembly, ho
wrote to Mr. Chittenden, governor of Vermont,*
alaimiPig- the sixteen towns as part of the state
of New Hampshire. His elaim was founded <3u
the known boundaries of that state, before the
revohition ; on tlieir sending delegates to the
convention in 1775 ; on their applying to the
assembly of New Hampshire, for arms and am-
niunition ; on their receiving commibsions from
the government, and having always acted as a
part of it. He gave information at the same
time, that the minority in those towns, had
claimed protection from that state ; which the-
5i3sembly of New Hampshire, vievved themselves
as bound on every consideration, to afford."
And he urged the governor of Vermont, to ex-
ert his influence with their assembly, to dissolve
so irregular and dangerous a connexion. That
he might avail himself of the highest authority
in America, Mr. Weare wrote also to the dele-
gates of that state in Congress,! urging them to
take advice, and procure the interposition of
Congress ; intimating his apprehensions, that
this would be the only method, in which the
controversy could be settled, without the effu-
sion of blood, as all attempts for reconciliation
had been in vain.

Nor were the governor and council of Ver-
mont without their difficulties, in the manage-
ment of these aflairs. To euide the movements
of a people, irritated by a long series of injuries,
and now too much elated by success, was a
critical and difficult business. Aware of the
applications, that would be made to Congress,

* August 22. + August 19.

182 NATURAL AND CIVIL

in September they sent colonel Ethan Allen, d^
their advocate to that body ; and to procure in-
formation, in what light their proceedings were
viewed at Philadelphia. Upon his return, he
rnade report,* that Congress was unanimously
opposed, to their forming any connexions with
the people of New Hampshire : And that if
those proceedings were disannulled, none of the
members of Congress, except the delegates frorri
New York, would oppose their independence.

The next assembly of Vermont met in Oc-
tober, at Windsor. Representatives from ten
of the sixteen towns, took their seats in the as-
sembly. A question was moved, '* whether the
towns on the cast side of Connecticut river,
which had been admitted into an uni6n with
Verm,ont, should be erected into a county by
themselves ?" The vote passed in the negative.
Finding by this, and some other votes, that the
assembly declined to do any thing more, to ex-
tend their jurisdiction to the east of Connecticut
river, the members from those towns -withdrew
from the assembly, arid were follov;ed by fifteen
of the representatives from some of the towns
in Vermont, adjoining to the river, with the
deputy governor, and two assistants. The as-
jiembly of Vermont consisted of but sixty mem-
bers, two thirds of which were necessary to
make a house, to do business ; And this, was
just the number that was left, Vv'hen the seceding
members had withdrawn. The remaining memt
bers went on with the public business, and con-
tinued their session, until the business of it was
finished : But they referred the matter to their

♦ Oclsfetr i:

HISTOflY OF VERMONT, 183

Constituents, to instruct them how to proceed
with regard to the union with New Hampshire,
at their next session.^ The members who had
"withdrawn themselves from the assembly, form-
ed into a convention, and gave an invitation to
the towns on both sides of Connecticut river, to
unite, and to meet with them in a convention at
Cornish, in New Hampshire, December nine,
1778. The interests and views which produced
tlitse proceedings, were pretty well understood,
and proved greatly injurious to Vermont. The
people on both sides Connecticut river, wished to
form a government, the center and seat of which,
should be upon the river. The people on the
west side of the mountains, were averse to this
plan, and to any connexion with New Hamp-
shire.

On December the ninth, the convention which
Imd been called, met at Cornish, one of the six-
teen towns. They agreed to unite, without any
regard to the limits which had been assigned to
New Hampshire, in 1764 ; and to make the
following proposals to that government. Either
to agree with them on a divisional line, or to
submit the dispute to Congress, or to arbitrators
mutually chosen. If neither of these proposals
should be accepted, and they could agree with
New Hampshire upon a plan of government,
they resolved further, " We Vv^ill consent that
the v/hole of the grants connect with New Hamp-
shire, and become with them one entire state,
as it was limited and bounded, before the settliner
ef the said line in 1764." Until one of these
proposals should be complied with, they resolv-

* Allen's Vindication, p. I4. 16. zz, li^

184. isTATURAL AND CIVJL

fed to trust in pt'ovldencc, and defend thetti-

selves.* There were but eight towns frolti
Vermont, whicli V/cre represented in this con-
vention ; and some of them declined to act iti
tnakiii!^ any overtures to New Hampshire, to
extend their jurii;diction over the state of Ver-
tnont. But the proceedings of the convention,
served to discover to the whole body of the
people, what had been the views of the leading
men,' in proposing the Union of the sixteen to^^ns
from New Hampshire : It was no\'(y manifest,
that their whole aim, had been to form a gov-
ernment, the center and seat of which, should
be upon Connecticut river; This would be ef-
fected, either by connecting a considerable part
of New Hampshire, with Vermont ,- or by
breaking up the government of Vermont, and
connecting the whole of it, with New Hamp-
shire ; The one or the other of these measures,
they were earnest to effect ; and cither of them
would probably have formed a state; the me-
tropolis of which, must have been upon the riv-
er which divides the two states. To get rid of
a connexion, which had occasioned so much
trouble and danger, the assembly of Vermont,
on Fcbruarv 12, 1779,- voted to dissolve the
union, which had subsisted between them, and
the towns in New Hampshire ; and immediately
communicated their resolves to that govern-
ment.f Encouraged by these divisions, the as-
sembly of New Hampshire was persuaded by
some of her leading members, to claim the
whole tract of country, which belonged to her

* AHen's Vindication, p. 32. 5,5.
■' I779> Jt-'np 24.

llISTORY OF VERMONT. 185

before the royal determination in 1764 : Ac-
tordingly that state put into Congress, a claim
to the vvhole territory of Vermont, New York
took the same step, and put in her claim to the
whole of the lands. As New Hampshire had
hot the least pretence, upon any principle what-
ever, to make such a claim, it was not ^doubted
in Vermontj but tliat intrigues had been formed
by the leading men in those two states, to di-
vide Vermont between them; The range of
mountains, which runs through the state, would
afford a natural line, for such a division : And
this measure would unite the two states of New
Hampshire and New York ; and put an end to
all future controversy, with the people of Ver-
mont ; either respecting their limits, the validity
of their grants, or the powers of government
which they had assumed. And if these two
states could be united, there v/as a fair prospect
that the rest would leave them to settle the af-
fairs of Vermontj which began to bear a very
serious aspect, and might prove troublesome to
Congress; The other states had not as yet con-
cerned themselves, about these controversies ;
but Massachusetts now interposed; Whether
aiming to disappoint the views of New Hamp-
shire and New York, or in earnest to secure a
part of the controverted lands, that state also
put in a claim to a large part of Vermont : And
her claim had a much better appearance, than
that of New Hampshire ; for although the line
between Massachusetts and New Hampshire
might be esteemed to be settled, ret the line
betv/een Massachusetts and New York had
never been determined.
YOL. ir. Y

186 NATURAL AND CIVIL

While these controversies had been cun'ied
on with New Hampshire, the debate with New
York had not at all snbsidcd. In a letter of
July 7th, 1778, Mr. Clinton, governor of New-
York, WTOte to one of his friends in Vermont^
that he " would still as on a former occasion,
earnestly recommend a firm and prudent resist-
ance to the draughting of men, raising taxes^
and the exercise of every act of government^
under the ideal Vermont state ; and in such
towns, where our friends are sufficiently power-
ful for the purpose, I would advise the entering
into association, for the mutual defence of their
persons and estates against tiiis usurpation."*
Jn a letter of July eighth, he warmly urged Con.*
gress to come to some decision on their contro-
versy with Vermont ; blamed the inhabitants
for the violence of their proceedings, affirmed
that it would soon bring on a civil war, and that
all the grievances which the people of Vermont
had suffered, arose from the former government
of New York, and not from the present-f

In 1779, the controversy with New York
bore a more hostile appearance. There were
several persons in the southeast part of the state,
then called the county of Cumberland by New-
York, who were attached to the authority of
that state, and opposed the government of Ver-
mont. To some of them, governor Clinton had
given commissions. They asserted that they
had a regiment, of about five hundred men ;
and that a committee of the county, was also
opposed to the authority of Vermont. The

• Copy of a letter from goYcrnor Clinton, to Pclatiah Fitch, Esq.
i Attested copy.

HISTORY OF VERMONT. 187

government of Vermont found it necessary, to
put an dnd to these hostile associations ; and
colonel Ethan Allen was directed to raise a part
of the militia, for that purpose. Upon this in-
telligence, a colonel, bearing a commission un-
der the government of New York, wrote to
governor Clinton for his advice and direction,
suggesting the necessity of having the militia of
Albany held in readiness to attack any armed
force, that should gather with that design ; and
that it would be an easy thing to get intelligence,
by employing the enemies of Vermont, in their
own towns, to give information.* In answer
to this application, the governor of New York
recommended in general, firmness and prudence,
and in no instance to acknowledge the authority of
Vermont, unless where there was no alternative
left between submission and inevitable ruin : He
assured them, at the same time, that if any at-
tempt was made by Vermont to reduce them
by force of arms, he v/ould instantly issue his
orders to the militia, who were properly equip-
ped, and who v/ould be led against the enemies
of the state, wherever they might happen to be.f
Alarmed with these prospects, Mr. Clinton
wrote to the president of Congress, May the
18th, that matters were fast approaching to a
very serious crisis, which nothing but the im-
mediate 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

* Patterson's letter to governor Clinton, of May 5, I779 ; 3o4
Minot's Petition of May 4, I779.
+ ^liatoj^'s letter to S. Miaat, of May 14, 1779.

18S NATURAL AND CIVIL

wisdom of Congress would suggest to them,
what would be the consequence of submitting
the controversy, especially at that juncture, ta
the decision of the sword ; but 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 com-
mitted on their fellow citizens.* These letters,
and sundry other papers relating to the disputes
with New Hampshire, were laid before Congress,
May 29th, 1779, and were referred to a com-
mittee of the whole. On June first. 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 heretofore exercised jurisdiction
over the said district. And that they take eve-
ry prudent measure to promote an amicable set-
tlement of all differences, and prevent divisions
and animosities, so prejudicial to the United
States."!

V/kile the governor of New York was tak-
ing these measures with the party that adher^
ed to him in Vermont, and with Congress, Al-
len marched with an armed force, and made
prisoners of the colonel, and militia 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 the most speedy and effectual measures
for their relief J On June the 7th, Mr. Clin,

* Clinton's letter to Congress, of May i8, 1 779-

+ Journal of Congress., June I, 1779, P- ^37-

1 S. Miiiot's lettet: lo governor Clinton, of May 35, I775.-

HISTORY OF VERMONT. 18f

ton wrote again to Congress, informing them
what had happened, disapproving of their nfiea-
sures, and particularly of the appointment of a
committee to confer with the inhabitants ; and
wishing their journey might be postponed, un-
til the legislature of New York should be con-
vened, and take the resolution of Congress un-
der consideration. On the 16th, Congress re-
solved that the officers who had been thus re-
strained of their liberty, ought to be immediate-
ly liberated ; and that their committee who were
appointed to confer with the inhabitants should
be directed to make inquiry into the matters
and things contained in governor Clinton's let-
ters ; and that all further proceedings be post-
poned, until they should report.*

Five commissioners were appointed to re-
pair to Vermont : Of these, but two, Dr. With-,
erspoon, and Mr. Atle, att nded. These gen-
tlemen repaired to Bennington, in June ; made
many inquiries, and had several conferences
with the friends of Vermont, and with oth-
ers who were in the interest of New York*
They proposed several questions to the gover^
nor of Vermont, to which he returned written
answers. Their aim seems to have been, to
bring about a reconciliation between the par-
ties. Upon their return they made a report
to Congress, July 13th ; but which evidently
denoted, that no part of the business on which
they were sent, had been effected. f

Four different claims Vv^ere now before Con-
gress, to the same tract of country ; and the

■• Journal of Congress, June 16, l'?79, p. 259,260

+ Account «t' the p^-oceedlpfs of Mr.Witherspoon, and Mr. Atlc,

190 NATURAL AND CIVIL

controversy had bccoiiie so intricate, and warnij
that very serious consequences were justly to
be feared. It became necessary for Congress
to interpose ; and as ail parties had appealed to
that body, they could no longer avoid coming
to some resolutions upon a matter, which seem-
ed essentially to concern the union of the states.
Accordingly, on September 24, 1779, Congress,
among other resolves, passed the following :
^' Resolved unanimously, That it be, and here-
by is most earnestly recommended, to the states
of New Hampshire, Massachusetts Bay, and
New York, forthwith to pass laws, expressly
authorising Congress, to hear and determine all
differences between them, relative to their res-
pective boundaries. Resolved unanimously,
That Congress will, on the first day of February
next, proceed without delay, to hear alid cxr
amine into the disputes and differences relative
to jurisdiction aforesaid, between the said three
states respectively, or such of them as shall pass
the laws beforementioned on the one part, and
the people oi" the district aforesaid, who claim
to be a separate jurisdiction on the other, and
after a full and fair hearing, will decide and de-
termine the same according to equity. Resolv-
ed unanimously, That it is the duty of the peo-
ple of the district aforesaid, who deny the juris-
diction of all the aforenamed states, to abstain
in the mean time, from exercising amy power
over any of the inhabitants of the said district,
who profess themselves to be citizens of, or to
owe allegiance to any or either of the said states,
but that none of the towns, either on the east or
we^t side of Connecticut river, be ^onsi4ere4 as

HISTORY OF VERMONT. 1^1

included within the said district, but such as
have hitherto actually Joined in denying the ju-
risdiction of either ot said states, and have as-
sumed a separate jurisdiction, which they call
the state of Vermont. And further, That in tlie
opinion of Congress, the said three states afore-
named, ought in the mean time to suspend ex-,
ccuting their laws over any of the inhabitants of
said district, except such of them, as shall pro-
fess allegiance to, and confess the jurisdiction of
the same respectively. Resolved unanimously.
That in the opinion of Congress, no unappropri-
ated lands or estates, which are or may be ad-
judged forfeited or confiscated, lying in said
district, ought until the final decision of Con-
gress in the premises, to be granted or sold."*
,. From these resolutions it was apparent, that
the views of Congress were to evade any deter-
mination, aiKi to pacify and quiet all parties for
the present ; and that it was of much more im-
portance, in their view, to preserve the union
and affection of the three states, than that of
Vermont, At a time when the fate of America
depended upon preserving the union of the
states, and all might have been lost by the dis-
affection of any one, perhaps this evasive policy
was the best. It seems to have (Quieted all par-
ties but Vermont. The states of New Hamp-
shire, and New York, passed the acts which
Congress had called for. Massachusetts did
not, and probably with a view to prevent the
district of Vermont from being sacrificed by
cither, or both of the other states.

It was impossible that Vermont should com-

• Joiirn*! ©f Congr^ii, September 7,4, 1779.

192 NATURAL And civil

ply with tlie resolves of GongresSi To Ub.^€
four separate jurisdictions existing at the same
time, in the same territory, as the resolutions
recommended, would at any time have been
absurd and impossible ; least of all was it to be
admitted or attempted, after the people had de-
dared themselves to be a free and independent
state, assumed the powers of government, and
exercised them in all cases, and in every part of
the state. They had already formed their con-
stitution, enacted a code of laws, erected courts
of justice, and fully exercised all the powers of
government. The plan of four separate juris-
dictions, which Congress proposed, was incom-
patible with any state of society ; and the more
dangerous, as New York was constantly aiming
to break up the government of Vermont, by
granting commissions to her adherents, encour-
aging informers, and promoting disaffected per-
sons, in every part of the territory ; and at the
same time, denied their titles to their lands, and
all the public acts of the state.

Nothing remained for Vermont in this situ-
ation, but to take a decisive part ; and support
with firmness and resolution, the independence
which her representatives had declared, by the
desire of the people. Her rulers did not prove
deficient in resolution. Well acquainted with
their own rights and interests, they determined
not to sacrifice them, either to the intrigues of
the adjacent states, or to the policy of Congress.
The governor and council published an appeal
to the candid and impartial world,* in which
they declare that " they could not view them-

* Drawn up by Stephen R. Bradley, Eiq. published Dec. lo. 1779.

HISTORY OF VERMONT. 195

sjclves 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 privi-
leges of the state of Vermont, by said resolu-
tiiDns, are to be suspended upon the arbitrament
and final determination of Congress, when in
their opinion they were things too sacred ever
to be arbitrated upon at a^ll ; and what they were
bound to defend, at every risk : That the Con-
gress of the United States had no right to inter-
meddle in the internal police, and government
of Vermont : That the state existed indepen-
dent of any of the thirteen United States, and
was not accountable to them, or to their repre-
sentatives, for liberty, the gift of the beneficent
creator : 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 ap-
peared a manifest inequality, not to say prede-
termination, that Congress should request of
their constituents power to judge and determine
in the cause, and never ask the consent of thou-
sands, whose all was at stake : They also de-
clared that they were, and ever had been ready
to bear their proportion of the burden and ex-
pense of the war with Great Britain, from its
first commencement, whenever they were ad-
mitted into the union with the other states : But
they were not so lost to all sense, and honor,
that after four years war with Britain, in which
they had expended so much blood and treasure^
that they should now give up every tiling worth

VOL, II. Z

194 NATURAL AND CIVlL

iighting for, the right of making their own laws,
and choosing their own form of government, tt)
the arbitrament and determination of any man,
or body of men, under heaven."

It seems to have been the desire and expec-
tation of all parties, that Congress should take
up the matter, as they had proposed, on Febru-
ary 1, 1780. Vermont had now acquired such
numbers, popularity, and power, that much was
to be expected from having her claims thorough-
ly understood, and considered by the United
States. But instead of being decided, the mat-
ter was not taken up at all, on the first of Feb-
ruary ; and on March 21st, it was ordered by
Congress that the matter be postponed, nine
states, exclusive of those who were parties in
the question, not being represented.* On June
second, Congress resolved that the proceedings
of the people of the New Hampshire grants were
highly Unwarrantable, and subversive of the
peace' and welfare of the United States ; ancJ
that they be strictly required to forbear from any
acts of authority, civil or military, over those of
the people, who professed allegiance to other
states : And on June the ninth', they resolved to
defer the matter to the second Tuesday in Sep-
tember.! Uj^on the receipt of these resolves,
the governor of Vermont, by the advice of his
council, replied, that " however Congress might
view those resolutions, they were considered by
the people of Vermont, as being in their nature
subversive of the natural right which they had
to liberty and independence, as well as incom

* Journal of Congrrtss, March ji, i*;r,o, p. 48, 49.
+ Joarnal of Gwigrcss, March ai, 1780, p. 8ij 8z. 84.

HISTORY OF VERMONT. 195

patible 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 au-
thority of Congress to judge of their jurisdic-
tion ; 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 ces-
sation of hostilities with Great Britain, without
the approbation of any other man, or body of
men ; for, on proviso that neither Congress,
nor the legislatures of those states which they
represent, will support Vermont in her inde-
pendence, but devote her to the usurped govern-
ment of any other power, she had not the most
distant motive to continue hostilities with Great
Britain, and maintain an important frontier, for
the benefit of the United States, and for no oth-
er reward than the ungrateful one, of being en-
, slaved by them ; but notwithstanding the usur-
pations and injustice of neighboring governments
towards Vermont, and the late resolutions of
Congress, from a principle of virtue, and close
attachment to the cause of liberty, as well as
from a thorough examination of their own poli-
cy, they were induced once more to offer union
with the United States of America, ef which
Congress v/ere the legal representative body."*
In September, there seems to have been a
more serious attempt, to bring the contest to
some decision. The claims of New Hamp-
shire, and New York, were put in ; and both
these states pleaded that Vermont had no right

* Savernor Cbitt^nden's Iftter (0 Congress, •f July ajth, i;8o.

196 NATURAL AND CIVIL

to independence, but belonged to them. The
agents of Vermont were also present,^ but were
not considered or treated by Congress, as the
agents or representatives of any state, or of a
people invested with legislative authority. They
announced their business to Congress, and re-
quested that when any debates came before Con-
gress, which might affect the rights, the sover-
eignty, or independence of the state of Ver-
mont, they might be admitted to be present.
On September 19th, they received a notification
to attend Congress that day, on the hearing of
the question respecting the jurisdiction of the
New Hampshire grants. On that day, and the
next, the agents from New York exhibited their
evidence to show that the people on the New-
Hampshire grants, belonged to them, and had
no right to a separate and independent jurisdic-
tion. The question respecting tlie right to ju-
risdiction, Vermont had always refused to sub-
mit to the determination of Congress : And the
agents v.ere alarmed, to find by the mode of
proceeding, that Congress was admitting evi-
dence to decide this question, without admitting
Vermont as one of the parties ; or considering
her agents in any other character, than that of
private persons. They esteemed it their duty,
to protest against the A\ho]e proceeding ; and
on Septem.ber twenty second, they preisented a re-
monstrance to Congress : They declare they
can no longer sit as idle spectators, without be-
traying the trust reposed in them, and doing
violence to their own feelings ; that by the
mode of trial which was adopted, the state of

• The Honorable Ira iilltn and Stephen R. Sradlcy.

HISTORY OF VERMONT. 197

Vermont could have no hearing, without deny-
ing their own existence, and that they ^ would
not take on themselves that humility and self
abasement, as to lose their political life in order
to find it ; they declared their readiness to bear
a full proportion in all the expences of the A-
merican war, until it should be ended, and their
willingness that one or more of the legislatures
of the independent states, should interpose as me-
diators, and settle the dispute ; but reprobate
every idea of Congress sitting, as a court of ju-
dicature, to determine the dispute by virtue of
authority given them, by the act or acts of the
state or states, which made but one party ; they
conclude with observing, that if the matter is
thus pursued, they stand ready to appeal to God
and the world, who must be accountable for the
awful consequences that may ensue.* Having
heard the evidence on the part of New Hamp-
shire, on September 27th, Congress resolved
that the further consideration of the subject
should be postponed. f

At no time had the spirit of parties run high-
er, than at this period. During the whole of
this trial, it does not appear that either of the
contending parties, had any ideas of conciliatory
measures ; all seem to have been determined to
effect their purposes : And although Vermont
was not admitted to appear as one of the parties
before Congress, her expectations and prospects,
had at no time been so high. She well under-
Stood the ground, on which she stood ; and it

* Remonstrance cf Ira Allen and StcpLen R. Bradley to Congr^sj,
September aa, 1780. Appendix, No. X.
j Journal of Congress, September 12, 19, ao.37. 1780, p. I86t-I97'

198 NATURAL AND CIVIL

was generally believed in the otlier states, that
3ome of her leading men would incline to join
ivitli Canada, and make the best terms they
could with the British government, if no alter-
native vvas held out to them, but submission to
the government of New York. In this state of
the parties it was as dangerous to the American
cause, to decide against Vermont, as against
Nev/ Hampshire, or New York. Congress felt,
and wis^lj endeavored to avoid the difRculty :
A question was made, whether Congress had
any power to form a new state, within the limits
of the union. Those who remember the viru-
lence of these parties, and the precarioiis situa-
tion of the American contest at that time, will
not wonder that Conqrress found reasons, to
avoid commg to any decision at that period ;
for no decision could have been made, that
would net have proved highly irritating to some
of those stares, already too much inflamed, by
the violence, and duration of the controversy.

Disappointed in her expectations of ad-
mission into the federal union, and alarmed by
the measures that were pursued by New Hamp-
shire and New York, Vermont now endeavored
to increase her own internal strength, by pur-
suing the same measures, that had been adopted
by those states, of claiming jurisdiction. Most
of the inhabitants of the towns in the western
parts of New Hampshire, were desirous of being
annexed to the (j;overnment of Vermont : There
were others, who wished to support the New
Hampshire claim, and aimed to extend her ju-
risdiction over the whole of Vermont. A con-
vention was proposed, and letters were sent by

HISTORY OF VERMONT. 199

several influential men in the interest of New
Hampshire, inviting the westcrrf towns to send
representatives, to attend a convention at Charles-
town, The convention was held, January l&th,
1781 ; and consisted of representatives from
forty three towns. To the disappointment of
those who had proposed the measure, a large
majority of the convention, appeared to be iit
favor of joining with the government of Ver-
mont. A committee was appointed to confer
with her as,sembly, on- that subject : And on
February 10th, the committee informed the as-
sembly, then sitting at Windsor, that '^ the con^
vention of the New Hampshire towns, was de-
sirous of being united with Vermont, in one
separate independent government, upon such
principles as should be mutually thought the
most equitable and beneficial to the whole." In
consequence of this application, the legislature
resolved, on February 14th, that " in order to
quiet the present disturbances on the two sides
of the river (Connecticut) and the better to en-
able the inhabitants on the two sides of said riv-
er to defend their frontier, the legislature of this
state, do lay 2i jurisdictional claim to all the lands
whatever, east of Connecticut river, north of the
Massachusetts, west of the Mason line, and
south of latitude forty five degrees ; and that
they do not exercise jurisdiction for the time
being." The convention o'f the New Hamp-
shire towns, was then sitting at Cornish, on the
opposite side of the river ; and on February
twenty second, the articles of union were agreed
tipon and confirmed ; and the assembly of Ver-
mont resolved, that they should be held sacred.*

• Journal of tke assembly of Verraantj Vol. I, p. 3J6.

200 NATURx\L AND CIVIL

A petition t^d also been received from a
tiumber of the inhabitants in the adjacent parts
of New York, praying that Vermont would af-
ford them protection against the enemy in Cana-
da, and receive them into union with her, that
their forces might be mutually joined for the
defence of the frontiers ; informing at the same
time, that if their petition was rejected, they
must remove with their families and effects, in-
to the interior parts of the country for safety.
This petition of the inhabitants, the necessity of
defending the frontiers, and the measures New
York was pursuing to subdue Vermont, were
as^iigiied as reasons by the legislature, why Ver-
mont ought to receive those inhabitants, into
her union : Accordingly, on Februar}^ 14th, it
ivas resolved, " that the legislature of this state,
do lay a jurisdictional claim, to all the land
situate north of the north line of the state of
Massachusetts, and extending the same to Hud-
i^on's river ; the east of the center of the deepest
channel of said river, to the head thereof ; from
thence east of a north line, being extended to
latitude forty five degrees ; and south of the
sam'e line, including all the lands and waters to
the place where this state now exercise juris-
diction. And not to exercise jurisdiction for
the time being."*

Thus, while New Hampshire and New York
were extending their claims over the whole ter-
ritory of Vermont, Vermont adopted the same
policy ; and in conformity to the petition of the
inhabitants, extended her claim over a large
part of the territory of both these states.

Great success attended this policy : Not

* journal of the assembly of Vermont, Vol.1. Feb. 14, 1781.

HiSTORY OT VERMONT. 201

Bnly the sixteen towns in New Hampshire which
had= formerly joined, but those in Vermont
which had been disaffected upon the dissolution
of the former union, and those that had been
attached to New York; immediately joined in
the measure. Most of the towns in the adjacent
counties of Cheshire, and Grafton, in New
Hampshire, declared for the union : And at a
session of the assembly of Vermont in April,
thirty five towns in the Western parts of New
Hampshire, were represented. The adjacent
settlements in New York generally embraced
the same irieasures, and several petitions were
received from their inhabitants at this session of
the assembly, requesting the legislature of Ver-
inont, to exercise jurisdiction over them with-
out any further delay. A committee was ap-
pointed by the assembly, to confer with a con-
vention of those districts ; and on May 15th,
articles of union were agreed to, by the repre-
sewtatives of twelve districts in New York, and
the committee from Vermont, On the 16th of
■June, these articles were confirmed by the le-
gislature, and representatives from ten of the
districts took their seats in the assembly of
Vermont, t

Many circumstances had combined, to pro-'
duce this union of the people, in favor of Ver-
mont ; and one of a singular nature, had served
to reconcile those, who had been unfriendly to
the cause of America ; it was generally believed
that negociations, were at this period, carried
on between some of the leading men in Ver-

■^ Journal of the assembly of Vermont, "Vol. I, June x6, X78X.'
■70L. II. A 2

202 NATURAL AND CIVIL

mont, and the British generals in Canada, and
New York. This report served to engage the
adherents to British goveniment, to espouse the
measures of the new state : And such was the
increase of numbers, popularity, and power,
which Vermont had now acquired, that she had
in fact nothing to fear from the power, or from
the policy of her opposers : And notwithstand-
ing the resolves of Congress, the assembly pro-
ceeded to make grants of their lands, without
paying any regard to the grants which had been
made by New York ; those only excepted^
which had been made in confirmation of the for-
mer grants from New Hampshire.

From these contests respecting Vermont, the
British generals and ministers conceived high
expectations, that they should be able to derive
great advantages. Unacquainted with the feel-
ings, the views, or the spirit of a people, con-
tending for freedom, they calculated upon the
system of corruption ; and had no doubt but
they should find a people in Vermont, that they
could seduce from their attachment to the A-
Xnerican cause, and unite to the British govern-
inent. With this view they entered upon mea-
sures, to persuade Vermont to become a British
prorinee.

Th e wish and aim of the British general in:
New York, was first announced in a letter from
colonel Bev. Robinson, to Ethan Allen, at that
time a colonel in the American service. The
letter was dated New York, March 30th, 1780 ;
and delivered to Allen in the street at Arling-
ton, in Jul}', by a British soldier in the habit of
an American farmer. In this letter, Robinsow

HISTORY or VERMONT. m

began the business thus : " I am now under^
taking a task which I hope you will receive with
the same good intention, that inclines me to
make it. I have often been infiormed that you,
and most of the inhabitants 8[ Vermont, are
opposed to the wild and chimerical scheme of
the Americans, in attempting to separate this
continent from Great Britain, and to establish
an independent state of their own ; and that you
would willingly assist in uniting America again
lo Great Britain, and restoring that happy con-
stitution we have so wantonly and unadvisedly
destroyed. If I have been rightly informed,
and these should be your sentiments and incli-
nation, I beg you will communicate to me,
without reserve, whatever proposals you would
wish to make to the commander in chief ; and
I hereby promise that I will faithfully lay them
before him, according to your directions, and
flatter myself, I can do it to 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 embody-
ing the inhabitants of Vermont in favor of the
crown of England, to act as the commander in
chief shall direct, that you may obtain a sepa^
rate government, under the king and constitu-
tion of England, and the men, formed into regir
ments under such officers as you shall recom-
mend, be on the same footing as all the pro.
vincial corps are. If you should think proper
to send a friend of your own, here, Avith propo-r
sals to the general, he shall be protected, and
well treated here, and allowed to return when-
ever he pleases."* On the receipt of tliis let?

* Copy of P.ofcinson's letter, by E. Al^cnv

204 NATURAL AND GIVILi

ter, Allen immediately communicated it to th4
governor, and a number of the principal gen-
tlemen in Vermont ; who agreed in opinion,
that it was most prudent not to return any an-
swer, but to let dfc matter pass into oblivion.

On February second, 1781, Robinson wrote
another letter to Allen, including a copy of the
former, which he supposed had been miscarried,
as he had not received any answer. In this he
■writes, " The frequent accounts we have had for
three months past, from your part of the coun-
try, confirms me in the opinion I had of your
inclination to join the king's cause, and to as-
sist in restoring America, to her former peace-
able and happy constitution. This induces me
to ntake another trial, in sending this to you ;
especially as I can now write with more au-
thority, and assure you, that you may obtain the
terms mentioned in the above letter, provided
you, and the people of Vermont take a decisive
and active part with us."* He requests an an-
swer, and Jthat some method might be pointed
out, for carrying on a correspondence for the.
future ; and information, in what manner the.
people of Vermont could be the most service^
able to the British government, " either by act-
ing with the northern array, or to meet and joi^n
an army from New York."

Allen returned no answer to either of these
letters, but on March 9th, 1781, inclosed them,
in a letter to Congress, informing them of all
the circumstances which had attended the busi-
ness. In his letter to that body, he made sev-
eral observations, justifying the conduct of

i Copy of Robinson's letter of Feb. », 1781, by £. Allen,

HISTORY OF VERMONT. 205

Vermont, asserting her rig'ht to independence^.',
and expressing his determinate resolution, to do o.
every thing in his power to establish it. Con-
scious of his own integrity, and sensible that his
activity and sufferings in the cause of his coun-
try, were known to all America, he wrote in
this style : " I am confident that Congress will
not dispute my sincere attachment to the cause
of my country, though I do not hesitate to say,
I am fully grounded in opinion, that Vermont
has an indubitable right to agree on terms of a
cessation of hostilities with Great Britain, pro-
vided the United States persist in rejecting her
application for an union with them : For Ver-
mont, of all people would be the most miserable,
were she obliged to defend the independence of
the United claiming States, and they, at the
same time, at full liberty to overturn and ruin
the independence of Vermont. I am persuaded,
when Congress consider the circumstances of"
this state, they will I^e more surprized that I
have transmiitted them the inclosed letters, than
that I have kept them in custody so long ; for
I am as resolutely determined to defend the in-
dependence of Vermont, as Congress are, that
of the United States ; and rather than fail, will
retire with the hardy Green Mountain Boys, into
the desolate caverns of the mountains, and wage
war with human nature at large."*

An event took place in the spring of the year
1780, which furnished the British with an op-
portunity, to make a similar attempt from Can-
ada. A number of men had been made pris-
oners in a descent, which had been made by

*- E. Allen's letter to the president o^ Congrest, lyiareh 9th, i;8l-.

jS06 NATURAL AND CIVIL

some of their scouting parties, and carried pris-
oners to Canada. Their friends appHed to gov?
ernor Chittenden to send a flag into Canada, to
negociate their release, or exchange. The gov-
ernor comphed with their request, and in the
month of July, a flag was sent with a letter to
the commanding officer in Canada. In the fall,
the British came up lake Champlain in great
force : The commanding officer brought a very
favorable answer from general Haldimand, to
governor Chittenden's letter ; and sent a flag to
Ethan Allen, then a brigadier general, and com-
manding officer in Vermont, proposing a cessa-
tion of hostilities with Vermont, during a ne-
gociation for the exchange of prisoners. Allen
agreed to the proposal, upon condition that it
should extend to the adjacent frontiers of New
York. The British officer appeared to be un-
willing to treat with any part of America, but
Vermont ; but finally agreed to every thing,
which Allen proposed.

Before the enemy retired into their winter
quarters, colonel Ira Allen, and major Joseph
Fay, were appointed by the governor of Ver-
mont, commissioners to negociate the proposed
exchange of prisoners. They proceeded to
treat with the British agents, captain J. Sher.
wood and George Smyth, on this subject. The
British agents availed themselves of this oppor-
tuiiit}^, to explain their views, to make their
proposals, and to ofi'cr as complete an establish-
ment for Vermont, from the royal authority, as
should be desired. The commissioners from
Vermont treated the proposals with affability,
and good, humour ; and though they avoided

HISTORY OF VERMONT. 207

bringing any thing to a decision, the British
concluded, they were in a fair way to effect their
purposes ; but unfortunately for themselves and
for Vermont, in the month of October, a party
of Indians made a descent, and did much mis-
chief at Royalton.

Th e next year, the British entered upon the
business^ with high expectations of success ;
and it was the interest of Vermont, not to un-
deceive them« New York had withdrawn their
troops, from the post at Skeensborough ; all
the continental troops, had been ordered out of
the territory ; and the adjacent states^ did not
afford them any assistance. The people of Ver-
mont were exposed to the whole force of the
enemy in Canada, and had neither magazines,
money, or an army, to oppose to the enemy at
the northward, who were seven thousand strong.
No way of safety remained for Vermont, but
to endeavor to effect that by policyi which
could not be done by power. The cabiset
council concluded, that they were designedly
forsaken by the continent, to force them into a
submission to New York ; and that it was
clearly their duty to provide for the safety of
the people, in the only way that remained, by
managing the British attempts to corrupt them,
to their own advantage.*

On May first, colonel Ira Allen was sent to
Canada, with a commission to negociate the
exchange of prisoners. The British agents
concluded, that the day of their complete suc-
cess, was at hand : They complied with every

. * Oovernor Chittend«n'» letter f 0«ncral Washington, of Novcm>
*^«r 14th, I J it.

. SOS ' NATU'RAL AND CIVIL

thing which Allen required ; and urged inces-
santly to have Vermont declare itself a British
province ; vVith assurances, that every thing she
could ask for should be granted by the British
generals, and confirmed by the king, in the
most ample manner. Colonel Allen was fully
equal to the business, which had been entrusted
to him ; and both he, and his erriployers, were
among the firmest friends to the independence
of Vermont, and of America. With a singular
'talent at negociation, he suffered the British
agents to deceive themselves with an idea of
their own success j and completely effected hi^
own views, in leading the enemy into an agree-
ment, that no hostilities should be comme-nced
against the state of Vermont. In July, major
Joseph Fay was sent to the enemy on lake
Champlain, and completed an exchange of
prisoners : And in September, Allen and Fay,
had another conference wilh the British agents ;
which like the former, left the British in high
Expectations of making Vermont a British pro-
vince ; and procured to Vermont the solid ad-
vantages, that the enemy avoided all hostilities
against her, and returned all her inhabitants,
which had been taken prisoners.

On October i9th, 1781, lord Corn\Vallis sur^
rendered with his army to general Washington.
When the news of this important event arrived,
the general assembly of Vermont were sitting
at Charlestown. The enemy had come up the
lake with a large force, and were then at Ticon-
deroga. They had concluded, that the^r busi-
ness was so far effected with Vermont, that they
might make an open proclamation of their

HISTORY OF VERMONT. ^09

Seislgns arid offers. Their agents had accor-
dingly brought with them, a number of printed
proclamations, announcing the royal offers to
the people of Vermont^ and inviting them to
unite, and become very happy, as a royal pro-
vince, under the king's government. The
British agents sent on their letters to Charles-
town, announcing the measures they were pur-
suing, and f)roposing to publish and disperse
their proclamations, immediately among the
people. They were told in answer, that the
news of Cornwallis's surrender, would render
such a step extremely dangerous, and was the
sure way to prevent all prospect of success ;
and that they must wait, until time should de-
termine, what was practicable and prudent^
Mortified by the disaster of Cornwallis, but
comforted with groundless expectations and
hopes, they returned in a peaceable manner
down the lake, and went into winter quarters,
without having done any injury to Vermont,
through the whole campaign^

In the winter of 1782, the enemy in Canada,
were extremely impatient to know, what effect
the surrender of Cornwallis had produced on
the minds of the people of Vermont. In Feb-
ruary and in April, the British agents wrote in
the most pressing terms for information. Their
anxiety and views will best appear, from the
style of their letters : The following extract, is
from a letter from one of the British agents,
dated 28th February, 1782, *' My anxiety to
hoar from you, induced me to apply to his ex-
cellency [general Haldimand] for leave to send
the btarer, with this ; which having obtained,

VOL, II. B S

210 '.NATURAL AND GJVlL

I leavne^ljf ; request you to send me in the mosi
Ca^xlidv u^iFeserved manner, the present wishes
and intentions of the people, and , leading mea
of, y pur .state, respecting our farmer negocia-
tjons {, and what eftect the late catastrophe . of
lordCornyvalHs, ha$ on them* Will, it not ba
well to consider, them^riy chances and vicissi-
tudes of war ^However, bri^lliant the ; last cam-
paign may .appear, :the next may w^ar a very
difterent aspect : Add to, this, the. great proba--
bility of }'our being' ruined, by your haughty^
i^ighbofs, elated l?y (what they call) a signal
victory.; and I. hope you will see as I doj that
it is more than ever your interest, to janite
yourselves with those, who wish to makc.j^ou a
happy and free goyernnaent. Will there be, a
prpper ;t;ime to .send the proclamations .^ Ire-,
peat my tetjuestj that you will te;ll me, withmit
r-eserve.,' what may be e^vpected in future."- -
On ;'thev2pd of Aprils the British agents write
in thi5:Style, : " luiconfidcnce, we take this .op-
portunity to acquaint yqu, by the authority of
his excellency) general Haldimand, that he is
still in clijne^ to treat amicably with the people
of^VerisaOnt 5 and these his. generous and hu-
mane i-Aclinations, are 7?o»w seconded by much
stronger powers from his m^ajesty, than he has
hitherto enjoyed for that purpose. We do ir
confidence, officially assure you, thr4; every ?
ti^Ie proposed to x'ou in his ejjcellency's forr-i t
ofer, as weli'as the confirmation of the eas* id
"Wfst Unions/ in their: ptmost limits, will bt
amply .and punctually ;complied with .We
hope, your answer may be such, as t'^' unbur-
den our anxious minds." Extreme). v teajful

HISTORY OF VEI^MONT . 2^u

about the event, arid itnpatient at not receiving
an answer, on Anril 30th, they Wrote again, and
carried their offers and promises to a still great-
er extent : "His excellency has never lost sight
of his first object ; and I am happy to be able
in this, to inform you, that the general has late-
ly received by way of Halifax, full powers from
the king to establish V t government, in-
cluding the full extent of the east and west
unions, with every privilege and immunity, for-
merly proffered to you ; and he is likewise
fully authorized, as well as sincerely inclined,"
to provide amply for *****, and to make *****
brigadier general in the line, ********** field
officers, with such other rewards, as your sin-
cerity, and good services in bringing about the
revolution, may in future merit. In short, the
general is vested with full powers, to make such
rewards, as he shall judge proper, to all those,-
who distinguish themselves, in promoting the
happy union : And as his excellency has the
greatest confidence in you, and *****, much
will depend on your recommendations."

In July, colonel Ira Allen was sent again into
Canada, with a letter from the governor of Ver-
mont, to general Haldimand, requesting the re-
lease of two officers, belonging to Vermont,
who were then prisoners in Canada. The Brit-
ish agents were uncommonly desirous, of bring-
ing their negociations with Vermont, to an im-
mediate decision. All the arts of negociation
were employed, on the one hand, to persuade
Vermont to declare herself a British province ;
and, on the other, to avoid this step, without
bringing on a renewal of hostilities. A secret

213 NATURAL AND CIVIL

treaty was offered, and much urged : And in
the event, Haldimand agreed to continue the
suspension of hostilities ; and wrote a very
friendly letter to governor Chittenden, fully
complying with his request of liberating the
prisoners, and announcing his pacific disposition
towards Vermont, in this unequivocal manner :
■^^ You may rest assured that I shall give such
orders, as will effectually prevent hostilities of
any kind, being exercised in the district of Ver-
mont, until such times as a breach on your part^
or some general event, may make the contrar}--
my duty. And jou have my authority, to pro-
mulgate, in such manner, as you shall think fit,
this my intention, to the people of the said dis-
trict, that they may, without any apprehension,
continue to encourage and promote the settle-
ment and cultivation of that new country, to the
interest and happiness of themselveSj and, t.heit-.
posterity «"*

With this year, the war, and the negocia-
tions, came to an end ; leaving favorable im-
pressions on the government of Canad^a, towards
Vermont. The last letter the British agents
wrote upon the business, was on March twenty
fifth, 1783 ; before the news of the peace was
officially known, or fully believed in Canada.
Their views and sentiments, at that period, were
thus expressed, ''- I am commanded to acquaint,
you, that actuated from the beginning, by asiu;
cere desire of serving you, and your people, as
well as of promoting the royal cause, b3^re^
imiting you with the mother country, his ex;cel-

* Haldimand's letter to Governor Cljittendenj dated Qu'ibccj eighth

HISTORY OF VERMONT. 213

lency never lost an opportunity of representing
every circumstance that could be advanced in
your favor, to the king's ministers, in the hope
of accomplishing a reconciliation. His excel-
lency will continue by such representations, to
do aU in his power, to serve you, but what ef-
fect it ma} have, at this late period, is very un-
certain. While his excellency sincerely regrets
the happy moment, which it is much to be fear-
ed, cannot be recalled, of restoring to you the
blessings of the British government, and views
\vith concern the fatal consequences approjich-
ing, which he has so long, and so frequently
predicted, from your procrastination, he derives
some satisfaction from a consciousness of not
having omitted a circumstance, which could
tend to your persuasion, and adoption of his de-
sired purpose. In the present uncertain state of
affairs, uninformed as his excellency is, of what
is doing, or perhaps done, in a general accom-
modation, he does not think fit, until the result
£}hall be known, to give any opinion, which may
influence you, perhaps to the prejudice of your
interests, or that might interfere with the views
of government. If the report now prevailing,
has any foundation, a very short time will de-
termine the fate of Vermont. Should any thing,
lavorable present, you may still depend on his.
excellency's utmost endeavors, for your sal-
vation."-

Thus terminated a correspondence, which
9Ccasioned many and various conjectures, at the
time when it was carried on. On the part of
the British, it consisted of constant attempts and,
eniJeavQrs to persuade tiie leading mea q^

2U NATURAL AND CIVIL

Vermont, to renounce their allegiance to the
states of America, and become a British pro-
vince. On the part of the gentlemen of Ver.
mont, the correspondence consisted of evasive,
ambiguous, general answers and proposals ;
calculated, not to destroy the British hopes of
seduction, but carefully avoiding any engage-
jnents or measures, that could be construed to
be an act of the government : And it had for
its object, a cessation of hostilities, at a time
when the state of Vermont, deserted by the con-
tinent, and unable to defend herself, lay at the
mercy of the enemy in Canada.

Eight persons only in Vermont, were in the
secret of this correspondence.* Each of them,
were known to be among the most confirmed
friends, to the Am^erican cause. They had a-
vowcd their sentiments, and embraced the cause
of their country, from the beginning of the A-
merican war : They had suffered severely, often
borne arms, and done every thing in their pow-
er, to defend the independence of the states :
And through the w^iole of this correspondence,
they gave the most decisive proofs, that they
could not be bought, or bribed, by any offers
of wealth or honor. But so odious were the
British proceedings and government, at that
time, to the people of America, that it was with
difficulty, the people of Vermont could be kept
quiet, under the idea of a correspondence car-
ried on with the British, though known to be

designed for their protection. Once or twice,

*

^*TI)omas Chittenden, Moses Robinson, Samuel Safford, Ethan Al-
len, Ira Allen, Timothy Brownson, John Fasset, Joseph Fay. — Gov^r*
nor Chittenden's information :o the auihor, March 4, 1793. •

• HISTORY ;0F VERMONT. 215

there weri^ gmall insurrections, to demand ex*
plana tion$:(, And nothing but the well knovvn^
and strong attachment of the gentlemen con-
cerned, to the independence of Vermont and of
America, could have preserved them from open
vi(^en€e and destruction*
.It may be doubted, how far such a measure
was justifiable^ ifk, that, or iii any other state of
things. On the one hand, it may be said, whem
the Safety of. all America was in question, and
in much danger,; nothing ought to have been
done to encourage the enemy, that they should-
be able to divide^ and thus subdue the conti-
nent* . On the other hand, it may be urged,^
that when thirty thousand people were deserted
by the Cong;ress, and become the objects of the
intrigues and policy of the adjacent states, it
Was as justifiable and necessary for them, to
provide for their safety, as it was for the rest of
the, coaitinent. If there was no other alternative
for the people of Vermont, than to be divided,
Subduedj and delivered over to the power of
their ancient enemies ; their leaders will Hot be
blamed, for taking necessary and adequate
measures, to pro'ent such an evil. In such a
situation^ it was scarcely possible for the people
of Vermont to believe, that they could be under
anyinoral obligation, to sacrifice themselves, to
procure independence for those, who by the act
of their representatives, had rejected them from
their confederation.

But whatever may be thought respecting the
propriety of such policy, the event shewed, that
the gentlemen of Vermont had formed a sound
judgment, with regard to the effect. Flattered

^6 NATURAL AND CIVIL

"ivith the prospect, that they should draw off a
considerable part of the continent, to their gov-
ernment and measures, the British carefully
avoided all hostilities against Vermont, restored
her prisoners, forbade their troops to enter or
attack her territory, and considered the people
rather in the light of friends, than enemies.
Thus while the British generals were fondly
imagining that they were deceiving, corrupting,
and seducing the people of Vermont, by their
superior arts, address, and intrigues ; the wiser
policy of eight honest farmers, in the most un-
cultivated part of America, disarmed their north-
ern troops, kept them quiet and inoffensive dur-
ing three campaigns, assisted in subduing Corn-
wallis, protected the northern frontiers, and
finally saved a state.

Not only the British generals, but so much
was the British government deceived by these
appearances, that the ministers flattered them-
selves, that tliey had nearly eifected the defec-s
lion of Vermont from the American cause, and
drawn them over to the British interest. Lord
George Germain was nt that time minister of
state, for the American department. A letter
which he wrote to sir Henry Clinton, comman-
der of the British troops in New York, was in-
tercepted and carried into Philadelphia. The
letter was dated Whitehall, February 7, 1781,
in which he wrote ^thus : " The return of the
people of Vermont to their allegiance, is an event
of the utmost importance to the king's affairs ;
and at this time, if the French and Washington
really meditate an irruption into Canada, may
be considered as opposing an insurmountable

HISTORY OF VERMONT. 217

bar to the attempt. General Haldimand, who
has the same instructions with you to draw over
those people, and give them support, will, I
doubt not, push up a body of troops, to act in
conjunction with them, to secure all the avenues^
through their country into Canada ; and when
the season admits, take possession of the upper
parts of the Hudson and Connecticut rivers,
and cut off the communication between Albany
and the Mohawk country^ How far they may
be able to extend themselves southward, or east-
ward, must depend on their numbers, and the
disposition of the inhabitants."

This letter was published in the Pennsylva-
nia Packet, of August 4ih, 1781. Nothing
could have been better suited to promote the
interests of Vermont, than the style, and publi-
cation of this letter. The people of the United
States, had now complete evidence that the
British generals in New York and Canada, had
orders to receive and support the people of Ver-
fnont, and that the British ministry were per-
suaded of their disposition to join the British
government. They saw at once, the effect this
must have upon the American war ; and they
knew at the same time, that nothing was want-
ing to prevent it, but to admit Vermont into the
union of the states. The public opinion was
now decidedly in favor of this measure : And
it was found that the leaders of Vermont were
fully equal to the business they had undertaken ;
and while the}'- had acted with great spirit and
firmness, in every part of the American war,,
they had discovered the same activity and intre-
pidity, in every part of the contest respecting
vol,. II, C 2

S18 NATURAL AND CIVIL

the independence of their own state. No polic5%*
it was ever}- where urged, could be more dan-
gerous, than to hazard the success of the A-
merican cause, upon a dispute with a people^
whose exertions had fully shown that they de-
served all the blessings of freedom, to as great
an extent as anv of their neie'hbors ; and whose
ability and enterprise would not fail to secure
it, in one form or another. What gave weight
to the public opinion, \vas the general belief that
the commander of the American forces, was
fully of the ^ame opinion.

The congress of the United States immedi-
ately took up the matter, and formed their re-
solves in a style very different from what they
had done, the year before. Their resolves were
officially transmitted to the legislature of Ver-
mont, and were in the following words : " By
the United States in Congress assembled, Au-
gust 7, 1781. Whereas the states of New
Hampshire and New York have submitted ta
Congress, the decision of the disputes between
them, and the people inhabiting the New Hamp-
shire grants, on the west side of Connecticut
river, callsd the state of Vermont, concerning
their respective claims of jurisdiction over the
said territory, and have been heard thereon ;
and whereas the people aforesaid claim and ex-
ercise the powers of a sovereign, independent
state, and have requested to be admitted into
the federal union of the United States in Ameri-
ca ; in order thereto, and that tliey may have an
opportunity to be heard in vindication of their
said claim ; Resolved, That a committee of live
be appointed to confer with such person or

HISTORY OF VERMONT. 219

persons, as may be appointed by the people re-
siding on the New Hampshire grants, on the
west side of Connecticut river, or Isy their rep-
resentative body, respecting their claim to be an
independent state ; and on what terms it may
be proper to admit them into the federal union
of these states, in case the United States in Con-
gress assembled shall determine to recognize
their independence, and thereon to make report.
And it is hereby further recommended to the
people of the territory aforesaid, or their repre-
sentative body, to appoint an agent or agents to
repair immediately to Philadelphia, with full
powers and instructions to confer with the said
committee, on the matters aforesaid, and on be-
half of the said people, to agree upon, and ratify
terms and articles of union and confederatioa
with the United S.tates of America, in case they
shall be admitted into the union. And the said
committee are hereby instructed to give notice
to the agents of the states of New Hampshire
and New York, to be present at the conference
aforesaid." Agents attended on behalf of Ver^
mont, and on August the 18th, had a confer-
ence with a committee of Congress.*

" August 20, 1781. Resolved, That it be
an indispensable preliminary, to the recognition
of the independence of the people, inh-ibiting
the territory called Verrnont, and their admis-
sion into the federal union, that they explicitly
relinquish all demands of lands or jurisdiction,
on the east side of the west bank of Connecticut
river, and on the west side of a line beginning
at the northwest corner of the state of Massachu^

Appendix, No. XI,

220 NATURAL AND CIVIL

setts, thence running twenty miles east of Hud-
son's river, so far as said river runs northeast-
erly in its general course, then by the west
bounds of the to^vnships granted by the late
government of New Hampshire, to the river
running from South bay to Lake Champlain,
thence along the said river to Lake Champlain,
thence along the waters of Lake Champlain to
the latitude forty five degrees north, excepting
a neck of land, between Missiskoy bay, and the
waters of Lake Champlain."*

With these resolves of Congress, a verbal
message was sent by general Washington to
governor Chittenden, desiring to know what
were the real designs, views, and intentions of
the people of Vermont : Whether they would
be Scitisfied with the independence, proposed by
Congress ; or had it seriously in contemplation,
to join with the enemy, and become a British
province. The governor returned an unequiv-
ocal, and decisive answer. That there were
no people on the continent, more attached to
the cause of America, than the people of Ver-
mont ; but that they were fully determined, not
to be put under the government of New York,
that the}/ would oppose this by force of arms,
and would join with the British in Canada, rath-
er than to submit to that government. f

In October, the general assembly of Ver-
mr nr, met at Charlestbwn in New Ham.pshire.
Tie resolutions of C6ngret;s were laid before
theni ; but although the resolves held out all
thi't Vennont had at first claimed, or had ever
expected to obtain, ihcy did not produce a full

•>f Journal of Congress, Aujr. '/th, and 2Cth, 1781, p. 166. 170.

4 Gov. Chittenden'* letter £9 Gcneriil Walhington, of Nov. 14, IjSr

' HISTORY OF VERiMONT. 22 i

confidence in Congress ; nor did they fall in
Avith the views of those towns, which had joined
Vermojit, from New Hampshire and New York.
When they had been debated, the assembly
voted, October the 19th, that they could not
comply with the resolutions of Congress, of
August the 20th, without destroying the foun-
dation of the universal harmony and agreement,
that subsisted in the state, and a violation of
solemn compact entered into by articles of
union and confederation ; that they would re-
main firm in the principles, on which the state
had first assumed government, and hold the ar-
ticles of union, which connected each part of
the state with the other, inviolate ; that they
would not submit the question of their indepen-
dence, to the arbitrament of any power ; but
that they were willing and ready to refer the
question of their jurisdictional boundary with
New Hampshire and New York, to commis-
sioners mutually chosen ; and when they should
be admitted into the American union, they
would submit any snch disputes to Congress.*
The resolves of Congress, though they had
jiOt been accepted by Vermont, were considf^r(^d
by New York, as a virtual determination of her
claims. The legislature of that state, on the
15th and 19th of November, passed a number
of resolutions, and a solemn protest, sgainst tlie
proceedings of Congress. Huviif'", s'atcd 'Iv ir.
claims, and related some of the foi ■ c . i-

ings of Congress relative to the •. -;.,',

they resolved, that the legislature ^ ; ^^c,

was greatly alarmed at the evidei t .of

•* Jouraal of Congress, April 4, 170S, p. jiC— 3' ^

222 NATURAL AND CIVIL

Congress, from political expedience^ to establish
an arbitrary bourtdary, which excluded from
that state, a great part of its territory ; that it
was the sense of the legislature, that Congress
had not any authority, by the articles of con-
federation, to intermeddle with the former terri-
torial extent of jurisdiction or property, of either
of the United States, except in cases of dispute
betv/een two or more of the states in the union,
rior to admit into the union, even any British
colony except Canada, without the consent of
nine states, nor any other state whatsoever, nor
above all to create a \\<i\\' state by di'smembering
one of the thirteen United States, without their
imjversal consent ; that in case of any attempt
of Congress to carry into execution their acts
of the 7th and 20th of August, the legislature
were bound in duty to their constituents, to de-
clare the same an assumption of power, and a
manifest infraction of the articles of confedera-
tion, and do therefore solemnly protest again&t
the same ; that a copy of their resolutions be
transmitted to Congress, and their delegates ex-
pressly directed and required to enter their dis-
sent on every step, which may be taken in and
towards carrying the said acts of Congress intp
execution.-^-

Anxious for the safety of Vermont, and
wishing to avail himself of every measure to
promote it, on November 14th, Governor Chit-
tenden wrote to General Washington, on the
subject, explaining to him their situation, diffi-
culties, and views. In this letter, the governor
placed great confidence in the general, and gave

' * Journal of Ccrg'ess, April 4, 1781, p. -339—334.

kiSTORY OF VERMONT. S23

him an account of the transactions with the ene-
my ; and assigned the reason, " Vermont, drove
to desperation, by the injustice of those who
should have been her friends, was obhged to a-
dopt policy in the room of power ;" and with
regard to the last resolution of Congress, he as-
cribed them to their true cause, not the influ-
ence of their friends, but the power of their
enemies ; " Lord George Germain's letter
wrought on Congress, and procured that from
them, which the public virtue of this people
could not obtain.'*

While these transactions were taking place,
new scenes of diifficulty, and of danger, were
opening in the eastern and western unions. The
sheriff of one of the counties of New Hampshire
which had joined with Vermont, wrote to Gov-
ernor Chittenden, that there was a high proba-
bility, that the government of New Hampshire
were about taking coercive measures, to com-.
pel the citizens who had joined with Vermont
to submit to the laws and authority of New
Hampshire. The governor, on December 14th^
wrote to General Paine, at that time lieutenant
governor of the state, to call on the militia east
of the green mountains, and assist the sheriff in
the execution of the laws, and to defend the
citizens against any insult ; and if New Hamp-
shire should make an attack with an armed force,
to repel force by force. Mr. Paine sent a copy
of the orders which he had received, to the pre-
sident of New Hampshire, and \\rote that if
New Hampshire began hostilities, he should ex-
ecute the orders he had received, and did not
doubt but that the people would support him,

ii24 NATURAL AND CIVIL

with their most spirited exertions, and that New
Hampshire must be accountable for the conse-
quences.* With this letter, commissioners
were sent to the general assembh'- of New Hamp»
shire, to endeavor to accommodate matters, and
prevent the effusion of blood. f

At the same time the troops of New York
were in motion to suppress the proceedings of
their citizens, who had formed an union with
Vermont. On December 18th, their comman-
der, brigadier general Gansevoort, Vv'rote to the
commanding officer of the troops from Vermont,
that in pursuance of a law of New York, he had
been detached with a part of his brigade, to sup-
press an insurrection of some of the inliabitants
of Schaticook and Hoosac ; that he v/as arrived
to aid the sheriff of the county, to apprehend the
insurgents,; and was informed that a large body
of troops from the grants, were marching in
force, Vi?ith artillery ; but before he proceeded
any further, he wished to be informed what v/as
the object of their movement into the interior
parts of that state, and by what authority.^
Colonel Wiilbridge, commandant of the troops
from Vermont, wrote in answer, that the object;
of their movement, was to protect those of the
inhabitants, who in consequence of the union,
professed allegiance to the state of Vermont ;
that he wished conciliatory methods miglit be
adopted, but if those persons v/ho professed to
be citizens of Vermont, should be imprisoned,
and their properly destroyed, he was not to be
answerable for the consequences. ^^

* Air. Paine's letter to President Weare, Dec. at, 1781.
T General Roger Enos, Ira Allen and William 'Page.
i P. Gansevoorc's- letf.tr, of December 18, 1781.
^ E. Waibridgt's letccr, ot Dccorabcr 19, 17 Si-

m

HISTORY OF VERMONT. 225

^ All parties seem to have been seriously a-
jarmed, at these prospects of a civil ^yar : And
happily for themselves, they had all of them,
jtnore moderation and wisdom, than to proceed
to hostilities. Reflecting on the war with Great
Britain, in which their country was so deeply en-
gaged,they seem to have been fully convinced that
no difference arnong the states, ought to be suf-
fered to produce aw'ar among themselves.

A controvt,Tsy so full of mischief and danger
to the Uiiited States, gave much concern to the
commander in ghief of the American army.
Aware of the extremes to which all parties were
tending, on January 1st, 1782, he returned aii
answer to governor Chittenden's letter, in which
were these expressions ; " It is not my business,
iieither do I think it necessary now, to. discuss
the origin of the right of a number of inhabi-
tants to that tract of country, formerly distin-
guished by the name of the New Hampshire
grants^ and nOw known by that of Vermont. I
will take it for granted that their right was good^
because Congress, by their resolve of the 7tli
of August, imply it ; and by that of the 2l3t,
arc willing fully to confirm it, provided the new
state is confined to certain described bounds.
It appears therefore^ to me,, that the dispute of
boundary, is the only one that exists, and that
being removed, all other difficulties would be
removed also, arjd the matter terminated to the
satisfaction of all parties. You have nothing to
do but withdraw your jurisdiction to the con-
fines of your own limits, and obtain an acknowl-
edgement of independence and sovereignty, un-
der the resolve of the 21st of August, for so
VOL. II D 2

22^ [NATURAL AND CiViL

much territory as does iiolf ititerfere with the
ancient established bounds of New York, New
Hampshire, and Massachusetts. In my private
Opinion, wliile it behoves the delegates to do
ample justice to a body of people sufficiently
respectable b}'^ their numbers, and entitled by
other claims to be admitted into that confede-
ration, it becomes them also to attend to the
interests of their constituents, and see, that un-
der the appearance of justice to one, they do not
materially injure the rights of others. I am apt
to think this is the prevailing opinion of Con-
gress.'*

It is only among a free people, that wisdom
^nd virtue can have their full effects. The for-
titude, the wisdom, the disinterestedness, with
which Washington had conducted the affairs of
the v/ar, through one continued scene of hard-
ship and danger, had given him an influence
over the minds of the people, which no man in
America, ever had before. It was not merely
because he had proved the successful defender
of his country, and the greatest general that had
ever appeared in America, but it was the stead-
iness of his integrity and virtue which gave him
such an influence over the minds of men : And
while the politicians were every where striving
for popularity and power, the most honoura-
ble and important of all distinctions, was reser-
ved for him ; a preeminence in the dominion
of reason, wisdom, and virtue.

The assembly of Vermont met in February
at Bennington. The letter from the general
was laid before them, and it produced those ef-
fects which the crcneral seems to have intended :

HISTORY OF VERMONT. 5227

It corrected the errors of the governmeRt of
Vermont, and produced a confidence in the re-
solves of Congress, recommended by the opin-
ion and advice of Washington. After a full
debate upon the matter, the assembly resolved
to comply with the preliminary, required of
them. Their proceedings were in this form :
" State of Vermont, m General Assembly, Feb.
22, 1782.
" The recommendation of the grand com-
mittee, consisting of his excellency the gover-
nor, the honorable the council, and the repre-
jsentatives of the people, on taking into con-
sideration the resolutions of Congress respec-
ting this state, in the month of August last, be-
ing read, is as follows : That in the sense of this
committee, Congress by their resolutions of
August last, in guaranteeing to the states of
New York and New Hampshire respectively,
all the territory without certain limits therein
expressed, has eventually determined the boun-
daries of this state. And whereas it appears
to this committee, consistent with the spirit, true
intent, and meaning of the articles of union en-
tered into by this state, with the inhabitants of
a certain district of country, on the east side of
the west banks of Connecticut river, and on
the west side of a line twenty miles east of
Hudson's river, which articles of union were
executed on the twenty fifth day of February,
and the fifteenth day of June last, that Congress
should consider and determine the boundary
lines of the state : It is recommended to the
legislature of this state, to pass resolutions de-
claring their acquiescence m^ and accession la

228 NATURAL AND CIVIL

the determination made by Congress of the,
boundary lines between the states of New Hamp-
shire and New York respectively, and this state,
as they are in said resolutions defined and des-
cribed. And also, expressly relinquishing all
claims to, and jurisdiction over, the said dis-
tricts of territory without said boundary lines,
and the inhabitants thereon residing.

CoNFiDiMG in the faith and wisdom of Con-
gress, that they will immediately enter on mea-
sures, to carry into effect the other matters in
the said resolution contained, and settle the
same on equitable terms, wherel)y this state
may be received into and have and enjoy all
the protection, rights, and advantages, of a fed-
eral union with the United States of America,
as a free, independent, and sovereign state, as
is held forth to us, in and bv the said resolu-
tions :

" And that the legislature cause official infor-
mation of their resolutions, to be immediately
transmitted to the Congress of the United
States, and to the states of New Hampshire and
New York respectiviely.

*' Whereupon resoh-ed,

" That the foregoing recommendation be
complied with, and that the v. est banks of Con-
necticut river, and a line beginning at the north-
west corner of the state of Massachusetts, from
thence northward twenty miles east of Hudson's
river, as specified in the resolutions of Con-
gress in August last, be consid<;red as the east
and west boundaries of this state. That this
assembly do hereby relinquish all claims and-
demands lo, and jright of jurisdiction in and «s

HISTORY OF VERMONT. 22f

ycr any and every district of territory, without
said boundary lines. That authentic copies of
this resolution be forthwith officially transmitted
to Congress, and to the states of New Hamp=.
shire, and New York respectively.'^

Thus was dissolved an union which had
been constantly acquiring numbers, extent, pop-
ularity, and power, from its first formation :
Which, it was generally believed had prevented
the division of Vermont, by New Hampshire and
New York ; and which if it had been continued,
would probably have extended much further into
those states. It was not without *i struggle, that
the measure could be effected ; and it was not
without resentment, that the members from the
towns in New Hampshire and New York, found
themselves excluded from a seat or a vote in
the assembly, with which they had been con-
nected by articles of union and confederation,
which they supposed would have been perpetual.

Having thus fully complied with the re-
solves of Congress, the assembly concluded that
all difficulties relating to their admission into
the confederation of the states, were removed..
They proceeded* to choose four agents and
delegates, to represent the state of Vermont in
Congress ; and requested the governor to com-
mission them with plenary powers, to negociate
the admission of Vermont, into the confedera-
tion of the United States ; and when the state
was admitted, two of the agents were empower-
ed to take their seats, and represent Vermont
in Congress. The agents were accordingly
^commissioned, " to negociate and complete on

• February aS.

-330 Nx\TURAL AND CIVIL

the part of Vermont, the admission thereof into
the federal union with the United States of
North America. And in behalf of the state,
to subscribe articles of perpetual union and con-
federation therewith."

While the assembly of Vermont was thus
employed in effecting a compliance with the re-
solves of Congress, warm debates had taken
place in that assembly, respecting the measures
that ought to be pursued with Vermont, The
refusal of the legislature in October, to comply
with the resolve Congress had passed on August
20th, was viewed in a very unfavorable light-
On March first, it was proposed in Congress to
pass a resolve, that if within one month from
the time in which the resolve should be com-
municated to Thomas Chittenden, the inhabi-
tants of Vermont should comply with the re-
solves of August 7th and 20th, 1781, they should
be immediately admitted into the union, but if
they should refuse this, and did not desist from
attempting to exercise jurisdiction over the lands
guaranteed to New Hampshire, and New York,
Congress would consider such neglect or refu-
sal, as a manifest indication of designs hostile to
the United States, and that ail the pretensions
and applications of the said inhabitants, hereto-
fore made for admission into the federal union,
were fallacious and delusive ; and that thereupon
the forces of the United States, should be em-
ployed against the inhabitants, and Congress
would consider all the lands within the territory
to the eastAvard of the ridge of mountains, as
guaranteed to New Hampshire ; and ^all the
lands to the westward of said linCj.as guaranteed

HISTORY OF VERMONT. ^51

to New York ; and that the commander in chief
of the armies of the United States, do without
delay or further order, carry these resolutions
into full execution. But after warm debates,
and repeated trials, a vote could not be obtained
to adopt these resolutions, and the matter sub-
Sided.*

The resentment Congress discovered, at
Vermont's refusing to agree with her resolves^
was but of short duration. In a few days the
agents arrived at Philadelphia, and on March
3ist, officially laid before that body, the com-
pliance of the legislature of Vermont, with their
resolutions of the 7th and 20th of August.

The matter was referred by Congress, to a
committee of five of their members. On the
17th of April, the committee hiade the following
report : '' In the sense of your committee, the
people of the said district, by the last recited actj^
have fully complied with the stipulation made
and required of them, in the resolutions of the
20th and 21st of August, as preliminary to a
recognition of their sovereignty, and indepen-
dence, and admission into the federal union of
the states. And that the conditional promise,,
and engagement of Congress of such recogni-
tion and admission, is thereby become absolute
and necessary to be performed. Your commit-
tee therefore submit the following resolution :

" That the district or territory called Ver-
mont, as defined and limited in the resolutions
of Congress of the 20th and 21st of August,
1781, be, and it is hereby recognized, and ac-
knowledged by the name of the state of \^cr-

• Journal of Congress, March I, J78S, p, 298~;>o5,<

222 NATURAL AND CIVIL

mont, ais free, sovereign, and independent ; an^
that a committee be appointed to treat and con-
fer v/ith the agents and delegates from said state,
upon the terms and mode of the admissipn of
the said state into the federal union." When
this report was read in Congress, a motion was
made and seconded, that the first Tuesday in
October next, be assigned for the consideration
of the report : The vote passed in the negative-
A motion was then made and seconded, that the
third Tuesday in June next, be assigned for the
consideration of the report : The vote was. again
in the negative. A motion was then made and
seconded, that Monday next be assigned
for the consideration of the report ; and
the vote was also found in the negative, for the
third time,*

From these votes it was apparent that Con-
gress had again adopted their former policy of
evasion, and did not mean to come to any de-
cision upon the affairs of Vermont. Having
no prospect of success in their agency, the agents
concluded their business,! with a letter to the
president of Congress, representing that Ver-
mont, in consequence of the faitli which Con-
gress had pledged to them, had been prevailed
upon to comply with their resolutions, in the
most arnple manner ; that they >vere disappoin-
ted by the imexpected delay of Congress, in not
executing on their part, the intent and spirit of
the resolve ; that Vermont was now reduced
to a critical situation, by casting off a consider-
able part of her strength, in being exposed as a

* Extract from the minutes of Car.gresj, of April 17, I7?i'
f April 10.

HISTORY OF VERMONT. 233

r . -

forloru hope, to the main force of the enemy

in Canada, an<;l destitute of the aid of the Uni-
ted States ; which made them urgent that un-
necessary delay rhight not deprive them of the
benefit of the confederation ; and that they should
expect to be officially acquainted, when their at-
tendance would be necessary.J

The proct-edings of Congress ought to be
treated with all the respect which is due to gov-
ernment, and with all the candour that is due
to the imperfection of man. But when every
reasonable allowance is made their conduct in
this affair, cannot be considered in any other^
than an unfavorable light. There could be no
hecessity of evasive policy, at a period, when the
public sentiment called for the decision of a
question, which had alreidy occasioned so much
trouble and dansrer. The resolves Consfress
had paseed on August 7th, and 20th, 1781^
could not be undt-rstood in any other sense,
than as a conditional engagement or promise on
the part of Congress. The condition had been
fully complied with. In that stage of the busi-
ness, to resolve their own engagements into
nothing, had not the appearance of wisdom and
sound policy, but of art, cunning, and littleness^
Their own faith and honor, and what ought to
have been infinitely dear to them, the honor of
their general, required the most unequivocal
and punctual performance of what they had vir-
tually engaged, and led the people of Vermont
to confide in. Nor would the agents of Ver-
mont have been wrong, if they had expressed

X Copy of a letter from the Hon, Jonas Fay, Moses Robinson, and
Isaac Tichenor.

VOL. II E 2

234 NATURAL AND CIVIL

in terms more strong and decisive, their indig-
nation at the public trifling of a body, whose
public measures ought to have been marked, in
every instance, with the strictest faith, the great-
est integrity, and the most delicate sense of
honor.

When the last resolutions of Congress be-
came known in Vermont, the general opinion
was, that the assembly had been duped by the
finesse of Congress, to bring themselves into a
state more weak, arid dangerous than they had
been before : And that there would be no safe-
ty, in being guided by resolutions, which might
be formed, and changed, amidst the intrigues
and cabals of parties. Both the people and the
assembly of Vermont, seem to have been deter-
mined by the measures of Congress, to main-
tain their own independence, to adhere to the
boundaries to which they had agreed, and to
defend themselves by force against any body of
men who should endeavor to dissolve, or to dis-
turb their government ; and not to make any
further solicitations to Congress, to receive them
into the confederation. But that no blame
might be laid upon them, or any deficiency be
found in their proceedings, the general assembly
at their annual session in October, again appoint-
ed agents with full powers and instructions, to
negociate and complete the admission of Ver-
mont into the vmion of the states.

Indian Depredations. While the peo-
ple in every part of tiie state had been agitated
by these political contests, it had been their
good fortune not to suffer much from the inroads
®f the enemy at Canada. Some instances how-

HISTORY OF VERMONT. 235

ever of this nature had been alarming and dis-
tressing, the memory of which ought to be pre-
served. Most of them were made by the refu-
gees and tories, attended by parties of Indians ;
and designed against individuals on personal ac-
counts, for the purposes of revenge or abuse.
One of these Indjan excursions proved very
distressing to the inhabitants of Royalton, In'
the beginning of October, 1780, an expedition
was planned against Newbury, on Connecticut
river. One of their objects was supposed to be
to captivate a lieutenant Whitcomb. In July,
1776, this officer was out with a scouting party
on the river Sorel. General Gordon, a British
officer, was riding between Chambly and St.
Johns. Whitcomb mortally wounded the gen-
eral, and took from him his sword and watch.
The British deeply resented this attack, and
viewed it as a base and villanous action, un-
worthy of an officer ; resulting wholly from a
desire of plunder.* Against this man they had
conceived a violent aversion, and wished to get
him into their power. But whatever was the
object, the party set out with a design to fall
upon Newbury. It consisted of two hundred
and ten men, almost all Indians ; there being
but seven white men, tories, and refugees, in
the party ; the whole under the command of
lieutenant Horton, a British officer. As they
W'ere proceeding up Onion river, they fell in
with two men who were hunting ; by these
men they were told that the people at Newbury
were expecting an assault from Canada, and
were well prepared to oppose it. This infor-*

Gordon^ Vol. 2, p. 14a.

23^ NATURAL AND CIVIL

rnation diverted their attention from their Hrst.
object, and turned it towards ■. Rayalton. At-
that place there had been a small fort and gar-
ri^n, both of which had been a little ^vhile be-
fore, removed to Bethel^ seven or eight miles
further to the west. , . 5^

The enemy went on till they came, to a stream
which emptied itself intq White river. Follow-;
ing the. course of this strean}^ the j advanced till
they c^me near to. some of the new settlements,
where they^ rnade a halt :; and ssent out reconr
iioitering parties, who reported that all w^is quiet
among thq, inhabitants. At this place they left
a strong guard, and proceeded down the ;stream ;
on October the sixteenth, about break of day,
they came to a house in Tunbridge, which they
destroyed, and took three prisoners. Following
the stream, th.ey entered Royalton, and passed
down to White river, where the most consider-
able settlements had been made, killed two per-
sons and took a number of prisoners. From
thence a party went down White river about a
mile, into Sharon, burned two houses and barns,
did much damage, and took two prisoners. The
party returning from Sharon, the whole body,
went up White river about three miles, till they,
arrived at the mouth of another stream which
emptied itself into that river. Seeing a num-
ber of men on the opposite side of the stream,
and being within three miles of the fort, they
did not venture to cross the stream, but retreat-
ed to the place where they had made the first
attack in the morning. At this place they ar-
rived about two o'clock, with the prisoners they
had taken, and the property they had plundered.

HISTORY OF VERMONT. 23T

From this place they filed off to the left, passed
up another branch of White river, where there
were some smuil settlements, took a number of
prisoners, plundered and burnt the houses and
property, and proceeded about three miles into
Randolph ; and encjamped in a very secure
place, having the bank of the river ou their left,
and a ridge of hills in their f ont, right, and rear.
Here they secured their prisoners, placed their
sentries, kindled up their fires, cooked their
provisions, and lay down to sleep. In the
course of this day the Indians had burnt one
house in Tunbridge, two in Sharon, twenty one
in Royalton, and several in Randolph ; taken
twenty five prisoners, chiefly young lads, killed
two men who were attempting to make their es-
cape, and wounded one or two more ; having
suffered no loss themselves, and scarcely met
with any opposition.

Surprised, affrighted, and scattered from
one another, the inhabitants could take no steps
for their defence ; the alarm however soon
spread, and a number of men immediately
marched from Connecticut river, and the adja-
cent towns ; by evening they amounted to sev-
eral hundreds, and were collected at the place
where the attack was first com.menced. Here
they organized themselves, and chose for their-
commander a captain John House, who had
served several campaip;ns in the continental ar-
my. House began his march with tliis undis-
ciplined but brave corps, in quest of the savage
army, who by this time were encamped seven.
or eight miles ahead. With great zeal they*
began their march in a dark night, in almost a

258 NATURAL AND CIVIL

trackless wilderness, guided by a few marked
trees amidst the logs, rocks, and hills, with
which the country abounded ; and continued
the pursuit with ardor till they arrived at the
place where the last houses had been burnt.
Apprehensive that they were neat the enemy,
they now proceeded with more caution. The
Indians had placed their sentries nearly half a
mile in their rear. At the place where they
had crossed the last stream, there was a large
log which served as a bridge for foot passengers ;
and a few rods from the river there was a small
rise of the land, and a number of large trees by
the side of the path. The Indian sentries were
posted behind these trees. Some of House^s
army were on horseback, and some on foot.
The front guard had passed the log, 'and the
enemy's sentries ; and about one third part of
the main body, had got across the stream.
When the van had arrived within a few }-ards
of the Indian sentries they were fired upon, and
one man was wounded : Some of the Ameri-
cans returned the fire, killed one of the Indians,
snd wounded one or two more. The guards
vhen ran off to the Indian camp, and House's
army proceeded on a little further and formed
themselves, waiting for the da}^ light, within
three hundred yards of the Indian camp. Great
ronsteriiation now prevailed among the savages.
"Much fatigued, and in a profound slumber after
one of tiieir ravenous suppers, the alarm filled
them with fear and confusion. They soon how-
ever concerted means for their own safety ; nor
were they deficient in the arts of policy. They
sent out oiie of their prisoners, an agad man, t»

HISTORY OF VERMONT. 23©

inform the Americans that if they proceeded to
attack them, they would instantly put all the
prisoners to death. To two of them, the ex-
pectation of an attack had already proved fatil.
One of the prisoners, expt cting the Americans
would relieve them, refused to march ; another
was doomed to be a victim on account of the
Indian that had been slain ; their savage mas-
ters tomahawked and scalped them, as they tn.y
bound on the ground : And their warriors took
their station to cover the retreat. Having taken
these measures, they immediately crossed the
stream, proceeded up the west side, some dis-
tance iwto Randolph, took one prisoner, passed
through the west part of Brookfield, went" to
Onion river,,, and in that way to St. Johns and
Montreal. House and his men were waiting
fbr the dawn of day, and deliberating on the
message brought to them by the prisoner, till
the enemy were all gone from their camp*
They proceeded about five miles further to
Brookfield, where they found all quiet ; judging
it to be in vain to make any further pursuit, they
returned to their own habitations, having lost
the opportunity of attacking the enemy to ad-
vantage, by their caution and delay.

In this Indian expedition there were several
occurrences which seemed to denote a change
in the Indian customs, manners and habits.
Their attachment to devastation and plunder,
appeared to be as strong as it ever had been io.
any of their former vvars. From the time when:
they began their retreat in Sharon, they burned,
plundered, destroyed and carried, off every thing
that came in theh way. They did not however

240 NATURAL AN!) CIViL

kill any of the men, but those that opposed, dlf
tvere attempting to escape from them. And in
particnlar they did not seem to wish to kill or
to captivate the women or female children.
Some anecdotes of this kind were of a novel,
entertaining, and instructive nature.

While they were attacking the settlements
at Roy.ilton, tvvo of the women were so affright-
ened by the scene of being waked from their
sleep by a number of barbarians entering their
houses, and beginning to plunder, that they
lo.it all command of their reason ; went out of
thv ir doors, and stood motionless by the side of
their houses. The Indians brought them their
clothes; this act of kindness restored them to
their senses, they put on their garments, took
two Or three small children, and a young wo-
man wich them, and fled into tlie woods. At
the vvest part of Roj^altun, one of the women
liad firmness enough to reproach them for their
Conduct, in distressing women and children ;
and told them that if they had the spirits and
souls of men, they would cross the stream, go
to the fort, and fight with the men. The In-
dians bore her remarks with patience, and only
made this reply, Squaw should not say too
much. Another woman had a contest with
them about her gown. The Indians had car-
ried it with tiie other articles of plund r out of
tli'e house, and put it in a heap of pillage before
the door. 'The savages stood refund taking such
articles as they liked best. She went out and
took her gown f)r her part of the spoil.' The
Indian Clubbed his gun and knocked her down.
She desisted from her claim, and waited till her

HISTORY OF VERMONT. 24i

Indian master carried it to another heap of plun-
der, and was engaged in collecting; more. She
went to the heap, surrounded with a large num-
ber of savages, took out her gown the second
time, and brought it off; she had then one
child in her arms, and led another by the handw
A greater exploit was performed by another
heroine. Among other male children, the In-
dians had taken away her young son : She fol-
lowed them with her other children and urged
them to return her little boy. They complied ;
and encouraged by this success she urged the
matter further, and had the address to prevail
with the savages to give her up twelve or fifteen
of her neighbor's children. In a fit of good
humor, one of the Indians then offered to carry
her on his back over the river ; she accepted of
the Indian politeness. The water was up to his
middle, but her savage gallant carried her safely
over ; and in a short time she returned with her
little band of boys, to the surprise and joy of
their parents. It should seem from these anec-
dotes, that the ancient Indian customs and man-
ners were changing ; and that they had beers
taught that it was not an honorable thing for
warriors to carry destruction and slaughter
against defenceless women and children.

On their march to Canada, the prisoners
were not treated with severity. With respect
to provisions, they fared as well as their masters.
When they arrived at Montreal, a British colo-
nel bought several of them at the price of eight
dollars a head. Of the twenty five that were
carried away, one died in captivity, the rest were
liberated and returned to their friends the next
VOL, J I F 2

^42 NATURAL AND CIVIL

summer. In their own virtues and exertions^,-
and in the hospitality and kindness of their
neighbors and friends, the worthy but distressed
inhabitants of Royalton found felief and sup-
port, tlirough a long and tedious winter.

HISTORY OF VERMONT. 243

CHAPTER VI.

Civil Policy. From the year \1^^ to 1791o
Disturbances in Vermont. Resolutions of Con-
gress. Reniojistranees against the proceedings
of Congress. Peace with Great Britain,
Disinclinatioji of Vermont to an Union with the
confed-erated States. New Federal Constitu-
tion. Proposals of New York. Settlement
of the Controversy with that State. Admis-
sion of Vermont into the Federal Union. Po-
litical Effects of these Controversies,

IN the internal government of the state,
Vermont had met with good success. I'he
people were not fully united in the measure,
when the powers of government were first as-
sumed. Some were upon principle, attached to
the government of New York. Those who
were of a timid constitution, Avere fearful of the
consequences. Those who wished to be free
from the restraints of law and government, were
clamorous about tyranny and oppression. Sev-
eral of these sought protection from New York,
avowed their allegiance to that state, and receiv-
ed commissions for civil and military offices,
und^r that government ; and were extremely
active to oppose, and disturb the government of
Vermont. Notwithstanding these attempts, the
government of Vermont had been constantly
gaining strength, not only among the people
who were already settled in the territory, but
by the accession of large numbers of people
from other states, but chiefly from Connecticut,

$44 NATURAL AND CIVIL

The new settlers were almost universally in fa-
vor of the proceedings of the government ; and
were adding much every year, to its strength,
numbers and unanimity. With these prospects,
the legislature judged that a general act of am-
nesty, in favor of those who had been in oppo-
sition to government, might be of use to recon-
cile and quiet those, wlio were now fully con-
Tinced, that nothing could be carried against
ijie goverement, by force and opposition. Ac-
cordingly, in February, 1781, tlie legislature
passed a general act of amnesty, in favor of such
persons witliin the state, as had previously made
opposition to its authority. Upon this judicious
extension of lenity, all opposition to the internal
government of Vermont, had ceased for more
than a year ; and all parties within the state,
seemed to acquiesce in the support of govern-
jjient.

Congress had withdrawn all the continental
troops, and left the inhabitants to take care of
themselves. In their exposed situatioUj it be-
came necessary to raise a body of troops, for
the defence of the frontiers. The legislature
ordered them to be raised from the several
towns in the state, in proportion to the number
of their inhabitants. There were some persons
in the southeasterly part of the state, who opposed,
the raising and payment of these men. The
governor of New York, by letters to them, and
otherwise, interfered in the business. To some of
these disaffected persons, he gave civil and mili-
tary commissions, and encouraged them with the
prospect or promise of support and protection.*.
^f Remonstrance of the Council cf V«rm«nt, p. i8.

HISTORY OF VERMONT. 245

Made insolent by this prospect of support and
distinction from the government of New York,
some of these disaffected persons, had the ef-
frontery to attempt to exercise the laws of New
York, over the citizens of Vermont, in avowed
contempt and defiance of her authority. Inso-
lence so audacious, admitted of no other treat-
ment, than the punishment, which civil laws as-
sign to such crimes. Lenient measures proved
in vain, and the government of Vermont order-
ed a military force to be sent to assist the sheriff
of the county of Windham, and to protect the
courts of justice against an armed violence and
opposition. Five of the most obnoxious of the
criminals were banished, and sundry others were
amerced in pecuniary fines, according to the
customary and due forms of law. The offenders
had been guilty of that avowed and armed op-
position to law and government, which in every
country is denominated treason and rebellion,
!^ut great care was taken to avoid the effusion
of blood, and to have the punishment of the of-
fenders extended no further than was necessary,
to preserve the independeiK:e and safety of the
state.

Disappoint E-D in their views and expecta-
tions of producing an insurrection in Vermont,
checked and restrained by the proceedings of
her courts, nothing remained for them but to
seek support and reward from the government,
under whose authority they pretended to have
acted. But it was not in the power of New
York, to afford them such relief as they wished :
Neither her power or policy, her promises or
her threatenings, would have had the least effect

m NATURAL AND CIVIL

upon the people, or the government of Vermont-
Nothing remained but an appeal to Congress.
Complaint was made to that body, that their
resolutions of September 24, 1779, and of June
2, 1780, were publicly violated ; and that Ver-
mont had proceeded to exercise jurisdiction
over the persons and properties of sundry per-
sons, who professed themselves to be subject to
the state of New York. Congress took up the
complaint, and referred it to a committee. On
November the 14th, the committee reported,
" that the measures complained of, wcrt proba-
bly occasioned by the state of New York having
lately issued commissions, both civil and milita-
ry, to persons resident in the district called Ver-
mont :'■ And that it be recommended to New
York, to revoke all the commissions which they
had issued since the month of May ; that it be
recommended to the inhabitants to make full
satisfaction to the persons, who had suffered
damages ; and that it be recommended to New
York, and to the people exercising government
in Vermont, to adhere to the resolutions of
Congress, of September 24th, until a decision
should be had upon their aftairs. But after sev-
eral attempts, a vote could not be obtained in
favor of these resolves, and the matter was ad-
journed.*

On December the fifth, the business was ta-
ken up again ; and Congress, instead of pro-
ceeding to fulfil her own engagements to Ver-
mont, was led by an ill judged pohcy, to em-
brace the cause of the criminals, and to pas;^
resolutions full of censure and threatening^

.. * Journal of CoBgress, Nov. 14, 1782.

HISTORY OF VERMONT. 247

against the proceedings of the state. Their re-
solves were in this style :

*' By the United States in Congress assem-
bled, December 5, 1782. Whereas it appe-is
to Congress by authentic documents, that the
people iiihabitirig the district of country, on the
west side of Connecticut river, commonly cal-
led the New Hampshire grants, and claiming to
be an independent state, in contempt of the au-.
thority of Congress, and in direct violation of
their resolutions of the 24th of September, 1779,*
and of the second of June, 1780, did, in the
month of September last, proceed to exercise
jurisdiction over the persons and properties of
sundry inhabitants of the said district, professing
themselves to be the subjects of, and to owe al-
legiance to the state of New York ; by means
whereof divers of them have been condemned
to banishment, not to return on pain of death
and confiscation of estate, and others have been
fined in large sums, and otherwise deprived of
property. Therefore, Resolved, That the said
acts and proceedings of the said peo|:)le, being^
highly derogatory to the authority of the United
States, and dangerous to the confederacy, re-
quire the immediate and decided interposition of
Congress, for the protection and relief of such
as have suffered by them, and for preserving
peace in the said district, until a decision shall
be had of the controversy relative to the juris-
diction of the same.

" That the people inhabiting the said dis-*
trict claiming to be independent, be, and they
are hereby required without delay to make full
and ample restitution to Timothy Church,

H^ NATURAL AND CIVIL

Timothy Phelps, Henry Evans, William Shat-
tuck, and such others, as have been condemned
to banishment and confiscation of estates, or
have otherwise been deprived of property, since
the first day of September last, for the damages
they have sustained by the acts and proceedings
aforesaid, and that they be not molested in their
persons or properties, on their return to their
habitations in the said district.

** That the United States will take effectual
measures to enforce a compliance with the afore-
said resolutions, in case the same shall be diso-
beyed by the people of the said district."

Th e people of Vermont were already preju-
diced against the proceedings of Congress ;
these resolutions could not fail to impair all that
remained, of reverence and respect. The gov-
ernor and council sent a spirited remonstrance
to Congress against these resolutions.* In this
Remonstrance, Congress was reminded of their
solemn engagements to the state of Vermont, in
their public acts of August 7th and 21st, 1781,
which had been fully complied with on the part
of the state, but which Congress had refused or
neglected to fulfil : They were told that by their
own articles of confederation, they had no right
to interfere or meddle with the internal police of
any of the United States ; and least of all with
that of Vermont, from which they had not re-
ceived any delegated authority whatever : That
Vermont had as good a right to indepeiwience,
art Congress ; and as much authority to pass
resolutions prescribing measures to Congress,
^5 Congress had to prescribe measures, direct-

HISTORY OF VERMONT. 249

ing them to receive the banished and make
restitution to criminals of the property which
had been taken from them by due course of
law, for their crimes against the laws and au-
thority of the state : They were reminded that
they w*ere pursuing the same measures against
Vermont, which Britain had used against the
American colonies, and which it had been judg-
ed necessary to oppose at every risk and hazard :
That their proceedings tended to make the lib-
erty and natural rights of mankind a mere bub-
ble, and the sport of state politicians : That it
was of no importance to America to pull down
arbitrary power in one form, that they might es-
tablish it in another : That the inhabitants of
Vermont had lived in a state of independence
from the first settlement of the country, and
could not now submit to be resolved out of it
by the influence which New York, their old ad-
versary, had in Congress ^ That they were ia
ifull possession of freedom, and would remairi
independent, notwithstanding all the power and
artifice of New York : That they had no con-
troversy with the United States, complexly con-
sidered ; but were at all times ready and able
to vindicate their rights and liberties, against
the usurpations of the state of New York. ,r
With regard to that part of the resolves^
which declared " the proceedings of Vermont
to be derogatory to the authority of the United
States, and dangerous to the confederacy, and
such as required the immediate interposition of
Congress to relieve the sufferers, and preserve
peace," they answer, that it appears like a para-,
dox to assert that the exercise of civil law in
voL» II G 2

:f50 NATURAL AND CIVIL

Vermont should be derogatory to the authority^
or dangerous to the confederacy of the United
States ; or that the interposition of Congress
would be the means of establishing peace in
the states Law, justice and order, they assert
were established in Vennont, before Congress
-passed their late resolutions j what discord they
would occasion, time would determine ; But
that it was the general opinion that a ratification
of their stipulated agreement, would have had a
more salutary tendency to promote peace, than
-their late resolutions, i

''-As to the requisition that *^ the state xvithoilt
delay make full and ample restitution to those
tvho had been condemned to banishment and
confiscation of estate," they observe, That Con-
gress had been so mutable in their resolutions
respecting Vermont, that it is impossible to know
On what ground to find them, or what they de-
sign next. At one time they guarantee to the
states of New Hampshire and New York, their
lands to certain described limits, leaving a place
for the existence of the state of Vermont ; the
next thing Vermont hears from them, is, they
are within these limits controling tlie internal
gorernment of the state. Again, they prescribe
preliminaries of confederation, and when com-
plied with on the part of the state, they unrea-
sonably procrastinate the ratification.

To that part of the resolves in which the state
Was threatened, " that the United States would
take effectual measures to enforce a compliance
with their resolutions, in case they sliould be
disobeyed by the people of said district," they
return for aaswer, that the state would appeal

HISTOHY OF VERMONT. 251

to the justice of his excellency Gen. Washing-
ton ; and as the general and most of the inhabi-
tants of the contiguous states, were in favor of
the independence of Vermont, it would be more
prudent for Congress to refer the settlement of
this dispute to the states of New York and Ver-
mont, than to embroil the confederacy with it.
But supposing Congress had a judicial authority
to control the internal police of the state, the
state had a right to be heard in its defence :
That the proceedings of Congress were wholly
unjustifiable, upon fheir own principles ; and
that coming to a decision of so important a mat-
ter, exparte, and without any notice to the state,
was illegal, and contrary to the law of nature
and nations. The remonstrance was concluded
with soliciting a federal union with the United
States, agreeable to their preliminary agreement,
which their committee had reported, was " be-
come 4ihsolute and necessary on their part to be
performed ;" and from which, they were assur-
ed, Vermont would not recede.

Th e assembly met in the month of February,
and sent their remonstrance to Congress. Like
that of the governor and council, this was also
•plain, spirited, and decisive ; announcing to
Congress in the plainest terms, that they should
not intermeddle in the internal affairs of govern-
ment ; and that they were fully resolved, to
maintain their independence.

The effect produced by these acts of Con-
gress, was in every respect different, from what
that body seem to have expected. Instead of
being awed into submission, the people and go-
.lernmeut of Vermont concluded they were

252 NATURAL AND CIVIL

produced by the influence of New York ; arid
determined that they never should be executed.
The evasive, irresolute, contradictory act? of
Congress, had nearly destroyed all the faith and
confidence, which the j^eople of Vermont had
reposed in that body : And it was generally
thought it would not be best to have any con-
nexion with them ; but only to keep up the
custom and form of choosing delegates every
year, to represent the state of Vermont.

The war with Great Britain, had proved
greatly distressing to every part of the United
States ; but it had served to establish an union
iamong the people of America, which could not
have been so firmly cemented, but by the pros-
pect of common danger. This appearance was
iiow come to an end. On January the 20th,
1783, the preliminary articles of peace were
signed by the ministers of the king of Great
Britain, and the United States of America. In
this treaty the former colonies were acknowl-
edged to be free, sovereign and independent
states. By putting an end to the war, this treaty
put an end to the embarrassments of Congress,
and to all the fears of the people of Vermont.
An union with the confederation, was no longer
a matter of immediate and urgent necessity.
The state had now no external enemies to op-
pose, or any body of troops to be raised, or kept
in pay. Weary of so long and distressing a
war, all parties wished for the repose and tran-
quility of peace ; and were heartily desirous of
dropping all occasions of controversy and de-
bate. The business of Congress however, be-
came more and more ei;nbarrassing. Their

HISTORY OF VERMONT. 253

currency had failed, their revenues were ex-
hausted, their armies were dissatisfied and un-
paid, the debts they had contracted were un-
funded, the public creditors were every where
full of complaints against their proceedings, and
they had no resources to answer the demands
that were perpetually made upon them. Few
of the states paid much regard to their resolu-
tions, and it was now fully evident that their
powers were inadequate to the public business
of the United States, and that the articles of un-
ion and confederation were essentially defective.
Without power to relieve themselves under
these embarrassments, the Congress was daily
sinking into a state of insignificance and con-
tempt ; and the public affairs of the union were
constantly becoming more and more embarrass-
ed with weakness, disorder, the want of wisdom,
credit and power.

In such a state of things, an admission into
the confederacy of the states, ceased to be an
object of any importance, or even desire. Ver-
mont was happy in being free from the load of
debt, which lay upon the United States ; and
was not perplexed by the constant calls of Con-
gress, to raise the necessary sums of money.
The legislature had acquired wisdom and ex-
perience in governing the people, from the dif-
ficulties in which they had been engaged^ It
had not been in their power to contract very
large debts, nor was it necessary or practicable
to impose heavy taxes upon the people. The
state had a large quantity of valuable lands to.
dispose of ; and purchasers and settlers were
constantly coming in front all the New England

•64 NATURAL AND CIVIL

states. Thus, by one of those sudden transL
iions which are common to human affairs, from
the most distressed and peiplexed state, the con-
dition and prospect of the people of Vermont,
became at once more easy and flattering than
those of their neighbors. Encouraged by the
raildness of the government, the smallness of
the taxes, the fertiHty and cheapness of the lands,
large additions were annually made to their
numbers and property, by the accession of in-
habitants from other states. There was nothing
therefore in the public affairs of the United
States, or in those of Vermont, that could lead
the inhabitants any longer to wish for an ad-
mission into the confederation. The body of
the people felt that they were in a better situa-
tion, than the people in the neighboring states ;
Ajid it was the general inclination and desire
not to be connected with the union, if it could
be decently avoided.

In thjs situation, things remained, until sever-
al of the leading men in the United States, be-
came alarmed with the operation and tendency
of public affiiirs. Statesmen of ability and in-
formation saw that the powers invested in Con-
gress, v.erc in effect, only the powers of a di-.
plomatic body ; and wholly inadequate to the
purposes of federal government : And that the
liberties, the safety, and the union of America,
could not be preserved, unless an adequate and,
efficient government could be established in the
United States. \^irginia had the honor to lead
^n the first avowed opposition to the British king
imd parliament : And she was the first that at-
tempted to call ^ couveation of tiie states, tq

HISTORY OF Vfel^MONt. 55S

|brm a new federal constitution. The measure
was crowned with that success, which might be
expected from the deUberatc consultations of a
free and uncorriipted people, aiming to secure
the public safety, A new federal constitution
was adopted by the people of America : And a
new Congress, furnished with competent pow-
ers, met in the city of New York, March third,
1789.

Like the other citisens of Arrierica, the peo-
ple of Vermont were anxious to know what
would be the policy and proceedings of the fed-
eral government. Their interest had not been
inuch promoted by the measures of the Con-
gress, with whom they had formerly transacted
business. But there was now a general expec-
tation among tlie people, that something wiser
and better, was to take place : But they had
learned from experience, that there was no oth-
er way to judge with certainty, of the excellen-
cy of any constitution, or government, but by
the good which it did to the people. In the
course of one or two sessions, they found the
federal government had been laboring to restore
the public credit, to do justice to the public
creditors, to provide for the payment of the
public debt, and to establish a system of equal
law and justice, in every part of the federal gov-
ernment. Measures thus marked with wisdom
and justice, served to abate the fears that many
had entertained, and to conciliate the minds of
the people to federal sentiments : And the pros-
pect seemed favorable, that every part of the
American states might be brought to act v/ith
Muion and vigor, in support of the federal system-

256 NATURAL AND CIVIL

But the ancient .difficulty with New York}
was not yet removed. That state had indeed
given up all prospect, and probably all desire,
of subduing Vermont by force, or by policy ;
and well knew that Vermont was, and would
remain, a free and independent state. But large
tracts of land had been granted by the governors
to individuals : These tracts of lands, by means
of the increasing settlements and prosperity of
Vermont, were become greatly valuable. The
government of Vermont had uniformly refused
to acknowledge the validity of these grants, or
submit to any of the legislative acts of New
York, and had made new grants of all those
tracts of land : And was unalterably fixed ia
refusing to admit the legality of any legislative
act of New York, which related tb the territory
of Vermont. The grantees under New York,
were constantly coniplaining of the injuries that
were done to them., in hot being permitted toi
take possession of their property ; and of the
injustice that would be established, if the gov-
ernment of New York should suffer their lands
to be thus taken from them without an equiva-
lent. Much pains had been taken to compro-
rtlise the difficulty, but without coming to any
general agreement : And the government of
New York did not conceive any very strong
obligation lay upon them, to refund that to in-
dividuals, which the state had no hand in grant-
ing ; but which was simply an act of the crown
cf Great Britain, executed by the will of the
royal governor ; generally for his personal profit,
always for the benefit of his particular friends,
but never for any emplument to the government
er people.

HISTORY OF VERMONT. 257

A course of events at length occurred, which
rendered the views of New York, more favora-
ble towards Vtririont, Disputes relative to the
permanent seat of the federal governnient, ran
high in Congress. After repeated trials, the
v-decision sometimes fell in favor of remaining at
New York, and sometimes in favor of removing
to Philadelphia ; and it was finally carried in
favor of Philadelphia, by a very small majority.
Kentucky, it was foreseen, would soon be ad-
mitted into the federal union : And Virginia,
to whose territory it belonged, with great dig-
nity and honor, instead of opposing, was aiming
to promote that event. The representation frorti
the eastern states, was diminished of its just
proportion, by the exclusion of Vermont ; and
this had already proved to the disadvantage of
New York. If their old controversy could be
setded, it was apparent that the interests and
influence of these states, would in almost every*
instance coincide. The public sentiment cal-
led loudly, for the same measure. To what
purpose, it was said, is Vermont kept out of
the union F Is it not in the full and complete
possession of independence ; and as well regu-
lated and governed as the other states ? And
shall the federal union throughout the whole
territory, be obstructed, and rendered incom-
plete, by the ancient and endless controversy j,
between New York and Vermont ?
• New York wished with the rest of Ameri-
thy to have. the federal union completed : And
nvithout calling to viev/ ihe former occasions of
contention, passed an act, July 15, 1789, ap-
pointing commissioners with full powers to
XOL. II H 2

258 NATURAL AND CIVIL

acknowledge the independence of Vermont, and
to settle all matters of controversy with the state.
On October the 23d, 1789, the legislature of
Vermont appointed commissioners on their part,
to treat with those of New York, with powers
to adjust, and finally determine every thing
which obstructed the union of Vermont with
tlie Uijjted States. The commissioners from
both states, were themselves vpry desirous to
have Vermont brought into the federal union.
The only point of difficulty and debate, related
to a compensation for the lands claimed by the
citizens of New York, which had been regrant-
ed'by jhe. government of Vermont. After two
or three' meetings of the -commissioners, the
matter was ' brDught to an equitable and amica-
ble agre'ement.

October the, seventh, 1790, *' the commis-
sioners for New York,' by virtue of the powers
to them granted for that purpose, declared the
consent of the legislature of New York, that
the state of Vermont be admitted into the union
of the United States of America ; and that im-
mediately upon such admission, all claims of
jurisdiction of the state of New York, within
the state of Vermont, shall cease ; and thence^
forth the perpetual boundary line between the
state of New York, and the state of Vermont
shall be" as was then holden and possessed by
Vermont, that is, the west lines of the most
western towns which had been granted by New
Hampshire, and the middle channel of Lake
Champlain. With regard to the lands whicn^
had been granted by New York, '' the said
commissioners by virtue of tlic powers to them

HISTORY OF VERMONT. 259

.^ranted, declare the will of the legislature of
New York, that if the legislature of the state
of Vermer.t shoi-.ld, on or before the first day of
Januar}', 1792, declare that on or before the first
day of June, 1794, the said state of Vermont
would pay the state of New York, the sum of
thirty thousand dollars, that immediately from
such declaration by the legislature of the state
of Vermont, all rights and titles to lands within
the state of Vermont, under grants from the
government of the colony of New York, or from
the state of New York, should cease," those ex-
cepted, which had been made in confirmation of
the grants of New Hampshire.

This proposal and declaration being laid be-
fore the legislature of Vermont, they very readi-
ly agreed to the plan, which had been concerted
by the commissioners from both states ; and
on October 28, 1790, passed an act directing
the treasurer of the state, to pay the sum of
thirty thousand dollars to the state of New York,
at the time proposed ; adopting the western line
as the perpetual boundary between the two
states ; and declaring all the grants, charters
and patents of land, l}'ing within the state of
Vermont, made by or under the late colony of
New York, to be null and void, those only ex-
cepted which had been made in confirmation of
the grants from New Hampshire.

In this amicable manner, was terminated a
controversy, which had been carried on with
great animosity for twenty six years. Both
sides were weary of the contest, and happily for
them, the general state of iVmerica led to mod-
eration, equity and wisdom : And this seems t»

260 NATURAL AND CIVIL

have been the only period, in which the matter
could have been adjusted to the satisfaction of
all parties.

The difficulties with New York being thus
yemovedj the assembly of Vermont proceeded
to call a convention of the people, to take into
consideration the expediency of joining the
federal union. The convention met at Benniiio--
ton, January 6, 1791. The members were not
all agreed in the expediency of being connected
with the thirteen states : And it was doubted
whether a majority of the people, were for the
measure. Several members of the convention
wished to defer the consideration of the ques-
tion, to a more distant period. It was urged on
the other hand', that the safety, the interest, and
the honor of Vermont, would be essentially
promoted by joining the union of the other
states ; and that this was the precise time, when
it might be done without difficulty or opposition o
A large majority of the members were convinced
that the matter could not be put off any loncrer ;
and after a debate of three days, the question
was carried in the affirmative, by a majority of
one hundred and five to two. This being the
only business fojr which the convention had been
called, it was dissolved, January 11th.

The general assembly of Vermont met at
Bennington, January the tenth. On the 18th,
they made choice of the Honorable Nathaniel
Chipman, and Lewis R. Morris, Esquire, as their
commissioners to attend Gona:ress, iand ncooci-
ate the admission of the state intg the union of
the confederated states of America. The com-
inissioners repaired to Philadelphia, and l^id b^

HISTORY OF VERMONT. 261

fore the president of the United States, the acts
of the convention and Iciiislature of Vermont ;
and on February 18lh, 1791, the admission of
Vermont, was completed, by an act of Con-
gress, without any debate, or one dissenting
vote. By tliis event, ?M the controversies res-
pecting Vermont, were brought to a conchision :
She was to take her seat in Congress, March 4,
1791 ; and the fedei'al union was completed,
in every part-of the United States of America.

The violence and duration of the controver-
sies, in which Vermont was so long engaged,
jiroved unfavorable to the state of society in
that and in the adjacent states. During the first
part of their contest with New York, there wa$
not any settled form of government in Vermont.
The people transacted their business, by the
meetings of towns and plantations.; by commit-
tees, leaders, and officers, appointed and submit-
ted to by general consent. The opposition to
New York v/as one continued scene of violence,
and the minds of the settlers were constantly
agitated by the most uncomfortable passions :
But a general fear of the final issue, prevented
both parties from proceeding to bloodshed. But
in one instance, was there any person slain, in
this quarrel. In March 1775, during the ses-
sion of a court holden under the authority of
New York at Westminster, one man was shot
through the body in the court house. But it
gave such a general alarm, that both parties
were more cautious to avoid the extremes of
irregularity. In this stage of the controversy^
the settlement of the country was much prevent-
ed by the contrary Claims which subsisted. an4

262 iNAlUK/iL. illNJJ CIVIL.

the violences they produced. In the latter part
of the year 1781, the controversy with New
Hampshiic bore a very serious aspect. Ches-
terfield in that state, was one of the towns which
had joined with Vermont ; but some of the in-
habitants still adhered to the jurisdiction of New
Hampsinre. A constable under the authority
of Vermont, went to serve a writ upon one of
the inhabitants of that town. His authority was
denied, and an officer, under the authority of
New Hampshire, interposed. In the course of
the contest, the New Hampshire officer with
one or two -of his adherents, were imprisoned
by the officer from Vermont. Orders were giv-
en by the i^overnment of New Hampshire, to
raise the posse comitatus, and liberate the im-
prisoned sheriff by force. The governor and
council of Verraont sent three agents to P],xeter,
to endeavor to compromise the matter with the
government of New Hampshire. One of these
was a sheriff of Vermont : By v/ay of retaliation,
he was immediately imprisoned at Exeter.
Alarmed with this approach to hostilities, both
governments were obliged to interpose to pre-
vent more violent measures, which threatened
to break out into a civil war. In 1784, the sec-
retary of Vermont was arrested in the city of
New York, on account of his political conduct
in Vermont : The matter being laid before the
general assembly of the state, they unanimously
resolved that such lands in the territory of Veri-
mont, as belonged to the citizens of New York,
should be sold, until money en<High was raised
from their sales, to make fail restitution to their
secretary for all the charges and damages which
might accrue, from his arrest in New York.

HISTORY OF VERMONT. 263

These vi»lences were unfavorable to the set-
tlement of the country ; they tended to keep
the minds of the people, in a state of irritation ;
and had an ill effect on the state of society.
But it is worthy of remark, how extremely un-
willing the people of America were, to proceed
. to war with one another. In their highest state
of provocation and resentment, they abhorred
the idea of killing and slaughtering each other.
Unused to the practices of rebellion, murder
and assassination, when they were exasperated
with the highest sense of injuries, they had no
intei.tion or idea of kindling a civil war in their
country, of destroying those who opposed them,
or of staining the American system of freedom,
with blood and slaughter. So far from this, that
amidst a violent opposition to one another, they
were all agreed, that the war should be carried
on with unceasing vigor against Great Britain ;
but that no other war should be permitted to
exist in the country.

But although all parties had cautiously avoi-
ded enkindling a civil war in their country, they
had been hurried into great mistakes and errors.
The people of Vermont had no idea of opposing
the government of New York, until the gover-
nor and council of that province had proceeded
to make new grants of their lands, which they
had bought under the royal grants, and subdued
by extreme labor and hardship. To relinquish
all tlieir property, to reduce themselves and fam-
ilies to a state of beggary, and submit to have
all the profit of the labor and sufferings of their
whole lives wantonly taken from them, and
^\'^'^ii to others ; there ita* ^* ia^'^.-.^g.

264 Nx^TURAL AND CIVIL

and criielu- in this kind of oppression, to which
they ought not to have submitted, so long as it
was in their power to prevent it. Instead of
being softened, the iniquity of this oppression
v/as increased, by its being committed under the
ostentatious authority of the king, the law, and
the government of New York. The settlers cer-
tainly did right in opposing such pretentions,
and proceedings. They felt with an irresistable
evidence, that the natural rights of men, were of
an higher original, and of a more sacred author-
ity, than the variable decisions of a British king
or the rapacious views of a provincial governor,
and council 3 Such opposition to these pro-
ceedinp's, as Vv^as nccessarv in order to be effec-
tual, was undoubtedly justifiable by the law of
nature and nations. But Vermont was not
without error, in suffering the sixteen towns
from New Hampshire, to join with her. This
was opening the door to irregularity, and con-
fusion ; and in the event, was of more disad-
vantage, than benefit ; and ought in the first in-
stance, to have been prevented. But when New
Hampshire and New York were aiming to di-
vide the whole territory of Vermont between
them, Vermont was not blamable for de-
fending herself by the same policy, and recei-
ving their towns and settlements into her confed-
eration.

New York had a proper right to claim the
juriadiction of tlie whole territory, which the
royal decision had assigned to her, in 1764 ;
And had she been content with this, there nev-
er would have been any controversy about the
jaatt&r* . Ha: great error was in regranting the

HISTORY OF VERMONT. 265

lands, and ejecting the settlers from the estates,
which they had honestly bought before of the
highest British authority ; and made valuable
by their labor, sufferings, and hardships. It is
true, the proceedings of New York were all a-
greeable to the forms of their laws : Instead of
being a justification of those proceedings, the
abuse and cruelty became greater from this cir-
cumstance ; for injustice, is most of all odious,
when it is calmly and deliberately done, under
the colors of law and government. Under
the royal governments, such proceedings
had not been altogether uncommon, nor was
it in the power of the people to prevent
them : Bat when the people had taken the pow-
ers of government into their own hands, these
errors certainly ought to have been corrected.
A perseverance in the same error, seems to
have rendered the claims of New York, disagree-
able to Congress; and in the event, united the
public opinion, in opposition to her claims^ and
in favor of those of Verm.ont.

New Hampshire had just occasion for of-
fence at the proceedings of her citizens, in the se-
ceding towns ; and with the government of
Vermont, for receiving them into her confedera-
tion. But there was not, either s^nd policj^,
or any advantage, in extending her claim over
the whole territory : No colour of title, or any
pretence of I'ight, could be found for such a
claim ; and the design was perfectly understood.
• How far Congress was forced to adopt an e-
vasiye policy, by the circumstances of the war,
it may be diiiicult for those who were not in the
cabinet, to determine. Her great business un^

VOL, 11 I 2

2,66 NATURAL AND CIVIL

doubtedly was to preserve peace and union a»
mong the states ; and to prevent their conten-
tions, from injuring the common cause. This
end was effected : But it does not seem to
have peen produced by the poHcy of Congress,
but by the virtue of the people. The measures
.of Congress respecting the controversies of
"Vermont with New Hampshire and New York,
served rather to displease all parties, than to
satisfy any. Such was their uncertainty, their
contradictory, and evasive nature, that when the
dangers occasioned by the war were removed,
the people of Vermont had very little desire or
-inclination to be much connected with Congress.
it was not until more steadiness, vigor, and a-
bilit}?^ appeared in the federal government, that
the people were willing to be brought into the
American union.

Amidst the errors and evils which attended
these controversies, tJiey were found to pro-
duce some good effects. They served to exer-
cise and draw forth abilities and powers, which
proved of great service to their country, when
they came to be employed in the grand contest
with Britain.

They led the people to acquire just senti-
ments of the rights of men, and of the nature,
importance, and extent of government. At that
period, every thing in America seemed to ope-
rate to promote political knowledge. The prin-
ciples of civil liberty, which v/ere but imperfectly
considered in' the writings of Locke, Sydney,
and Montesquieu, occurred every moment to
the views and feelings of the whole body of the
people : Instead of being any longer barely the

HISTORY OF VERMONT. 267

cliscoverics of a few enlightened philosophers, they
became the prevailing Sentiments of the whole
body of the American citizens : And from that
period until nowjthey have been constantly opera-
ting to produce a more natural form of govern-
ment, a more perfect system of freedom, and a
more flourishing state of society in America,
than ever had been known before, arnong all the
associations of men^

268 NATURAL AND CIVIL

CJ4APTER VII.

Civil Policy. From the year 1791 to 1S07.
Favorable prospects at the admission of Ver-

:iimnt into, the federal ilnioji. Manner of
■trmisgcting the annual business of the state.
, Assembly, cpmplete a volume of laws. Infu-
ence of French politics. Washington'' s popu-
larity and infaience. Governor Chittenden s
resignation and dea^Ji. Flection and measures
of governor Tichenor. Policy and proceedings
of the legislature at Vergennes^ in 1798 / at
JVindsor, in 1799 ; at Middlebury^ in 1800 ;
at Newbury^ in 1801 ; at Burlington^ in
1802 ; at Westminster, in 1803 ; at Windsor
and Rutland^ in 1804 ; at Da?iville, in 1805/
and at Middlebury, in 1806.

1792. THE dangerous controversies
with which the people of Vermont had been a-
gitated, being settled by the admission of the
state into the federal union, the prospect now
was, that they might pursue their private affairs,
and the general business of the state with suc-
cess, and without interruption. Washington
was at the head of the federal government ; in
liis abilities and virtues the people had full
faith and confidence. With the other states all
contests had ceased. In their own state, Mr.
Chittenden was the chief magistrate. His man-
ners and habits, his attention and attachment to
the indcpehdcnce and welfare of the state, his
"property, long residence, and acquaintance with,
the condition and. ^yants of the people, rendered.

HISTORY OF VERMONT. 269

him such a gov( mor as the circumstances of a
new state required. Nothing seemed requisite
to the security and advancement of their inter-
ests, but a peaceable and steady improvement of
those natural and civil advantages which they
already possessed.

Fo n several years an uninterrupted enjoyment
of increasing prosp^erity and tranquility continu-
ed. The attachment of the people to their old
governor was so general, that the politicians
scarcely attempted to bring forward another can-
didate. Neither the honor nor the emolument
annexed to the office of a councillor, was suffi-
cient to render it a matter of general contest, or
nmch ambition. The general assembly met on
the beginning of October : The only object of
interested ambition, intrigue, mid contest, was
the appointment of civil officers ; but as this
was generally decided in a few hours, there was
not much time or room for a long course of
electioneering, management, intrigue, and con-
test. These matters were generally decided the
first week of the*" session ; and the public busi-
ness then assumed a customary form, arrange-
ment, and course. The greater part of
the business of the legislature was to
grant new townships, lay out roads, grant a
small tax for the annual charges of government
and to enact such laws as the local circumstan-
ces or particular situations of individuals, towns,
or the whole state might require. This busi-
ness was generally completed in the course of
four weeks ; and in affairs so simple, common,
and customary, as those which came before the
•assembly, it was difficult to find occasions and;

270 NATURAL AND CIVIL

objects, in which artful and tJesigning dema-
i^ogues could expect to obtain very distinguish-
ing popularit}^, power, or influence.
• During this period oftranquihty and reason,
the legislature accomplislied one of the wisest
and most useful of all civil regulations, a code
of laws adaptefl to their own situation and state
of society. The work was ^referred to a com-
xnittee, appointed with much circumspection
and judgment. Neither faction, intrigue, or
folly, had at that time risen so high, as to at-
tempt to commit ehe formation of a body of civ-
il laws to any other set of men, than those,
whom the assembl}- believed were best qualified
by their abilities and virtues, to accomplish so
important an object. The business was pursued
with much care, attention, and impartiality ; a
wise and judicious code was compiled, and es-
tiiblished ; and it was the happiness and honor
of the state of Vermont, to have her civil laws
reduced to as well digested and judicious a sys-
tem, as any of the states in the union. Particu-
lar and local interests have since produced alter-
ations and additions, under the name of im-
provements, Avhich have pot rendered the sys-
tem more uniform, equitable, or consistent.

No political phenomena had yet appeared,
from which it could have been concluded that
there were any latent errors or causes in the
state or federal constitutions, which would es-
sentially distuib the tranquilitv, or entail, per-
manent faction upon tlie people of V^erniont.
it could not have been thought that a people
situated in an inland country, by profession far-
mers, and in every respect apparently uncon-

HISTORY OF VERMONT. 27i

hecttd with any part of Europe, could be in any
danger of having thtir tranquility disturbed by
any contests that could arise in any part of the
European monarchies ; or by any of their quar-
rels about their kings or princes, • Least of all
could it have been suspected that ah atternpt to
set up the American form of government in the
eastern hemisphere, could have occasioned dis-
turbance among the most remote western re-
publics.

And yet this seems to have been the first vi-
sible political cause that infected the constitu-
tions and feelings of the American people^ 'In
their zeal to effect a compieat and perfect revo-
lution, the French nation had not only put down
their monarch, nobility, royal army and episco--
pal church ; but they supposed they shoul4
give refinement and perfection to the genius of
Republicanism, by setting it free from the
shackles of temples and altars, of public worship
and matrimonial obligations. They commend-
ed the American people for their great achieve--
ments, in discovering and establishing the first
principles of true liberty and republicanism ;
but boasted that it was reserved for them to
carry freedom, a republic, and man, to a state
of perfectibiUty. To accomplish these grand
objects, they supposed the surest way was to
destro}^ in the minds of the people, all their for-
mer attachments to their ancient customs, opin-
ions, and habits; To destroy superstition, they
derided the existence and perfection of the
Deity. To put an end to the influence and of-
fices of the clergy, they shut up the temples^
•md endeavored to put an end to all public wor-

272 NATURAL AND CIVIL

ship and religion. To engage the Inexperience
and passions of youth, they treated the affectiom
and chastity of the sexes as a matter of ridicule
and folly ; and to derive assistance from the in-
clinations of the most licentious, universal liber-
ty was given to set aside, at the option of either
party, all the vows and obligations that had been
connected with the institution and laws of mar-
riage. All that had acquired and claimed res-
pect on account of its antiquity, universalitv, or
supposed sanctit}', was attempted to be destroy-
ed ; and the goddess of reason, the perfectibili-
ty of man, and the clamors of the mob, were
introduced in the room and place of the Eternal,
The novelty, the boldness, the daring and in-
trepid aspect of the new republican system, de-
ceived some, aiirighted others, perplexed many
rrv^re, and deeply engaged the attention of all.
From principle, the citizens of the United States
were almost unanimously in favor of the French
revolution ; and most of them expected it
would produce something more perfect, than
what their own country had attained. But
when it left the maxims and principles of com-
mon sense, morality, and virtue, and advanced
boldly and rapidly into the regions of chimera,
impossibility, and folly,, the Americans became
divided in their opinions and feelings : Part of
them wished to go forward, and adopt the French
attainments and perfectibility ; another part,
dreaded the experiment, and wished to remain
within the limits of reason, experience, and their
own constitutions. And like every other part
of the United States, the people of Vermont be-
fame resohed into parties ; the one of which

l^ilSTORY OF VERMONT. 27^

.)vished to retain and strengthen their feder4
constitution, and the other to give it a greater
assimilation to the French constitution, by in-
creasing the powers of the people. Parties were
thus insensibly and .gradually formed, both
avowing a warm attachment to the federal con-
stitution, but both . wishing in fact to have it
changed and altered. Professing very different
principles, they were in fact united in the same
object, to aher the constitution of their country z
The one wished to improve it by increasing,
and the other wished to improve it by diminish!
mg tlie powers, which it had assigned to the
president and senate of the United States.

Happily for his country, Washington ha^
virtue and iiifluence enough to check these pro-
ceedings, ^ Having sworn to adhere to the con-
stitution of his country, the people of the Uni^
ted States found that their president had the
same firmness of character, unalterabihty of vir-
tue, and steadiness of pursuit, as had appearedi
m tiie victorious general of their armies. The
political zealots in favor of the French princi- '
pies, made some attempts to injure his reputa-
tion, Influence, and authority. Failing in their
attempts, they did not venture to repeat the ex-
periment i and there was no way for them to
preserve their own influence and .authority, but
to disavow their intentions and designs, and to
jom the great majority of. their countrymen in
commending Washington's character ai;id ser-
vices. _ And it was not a little owing to the per^'
sonal virtues, influence, and reputation of this
^reat man, that the progress of party and facliou
\vas checked and restrained in Vermont, as wett.
VOL. II K 2

§74 • NATUI^AL AND CIVIL

as in every other part of the union, during tli6
ci.c^ht years of his administration. Many of the
"Officers and soldiers who had served under him
in the war, \vere settled in the state. And in
Tain did the new tribes of the little party politi-
cians endeavor to alienate the minds of such
men, from their old, virtuous, beloved com-
tnander. Party, was oblig.ed for its own safety^
to be prudent ; and faction, in order to succeed;^
was forced to be cautious, v/hile he remained
the President.

The extreme simplicity of the manner, forms,
and customs,, \vith which the legislature trans-
acted their public business at that time, v/as not
without its use in checking the progress of par-
ty and fiiction. It was not the custom with
governor Chittenden when he met the assembly,
to make any speech on the occasion. Of dburse
there was no room for intrigue, debate, and con-
tention, about returning an answer ; and the
politicians could not avail themselves of that
opportunity to collect their forces, ascertain
their strength and numbers, or flatter or insult
their governor. As they made no addresses to
their governor, neither did they make any ad-
dress to the chief magistrate of the union.
When they had compleated the appointment of
their civil officers, there were no other objects'
before them but to proceed to the common and
necessary business of the state ; and this is sel-
dom an object of much attention to the ambi-
tious and designing.

IT'Oy. Such was the general progress and
aspect of the political proceedings from the ad-
mission of the state into the federal union, tiil^

' HISTORY OF VERjVlONT. ?^&

the death of governor Chittenden. Ad^'anced^
in years, and dechning in health, he resigned hi/s^
office in the summer of 17&7, and, in a few we^j^^
was called to give up his Ilf^. This useful ipai>f
was born at Guilford in Connectieut,, and in the
early part of his life removed to Salisbm;y^ ; aiuV
by his industry and economy acquired a, hand-
some landed property at that place ; became a
member of the Connecticut assembly, one of the-
civil magistrates, and a colonel in the militia of
that state. So early as the year 1773, he re-
moved to the New Hampshire grants, purchased
a tract of land at Williston on Onion river, and
began a settlement with a few others, when there
was scarcely a family or a road in that part of
the country. Labor and application lo the cultir
vation of his new farm, had already procured the
necessary provisions, and opened to him the
prospect of many of the conveniences of life \
and nothing could be more flattering than the
near view of rural wealth, abundance, and inde-
pendence, as the natural and certain production
of his labor and his lands. It was in the midst
of these improvements and prospects, that the
American war broke out. The settlements on
Onion river became exposed to any assaults tha^t
might be made upon them ; and it was alto-
gether uncertain what would be the inclinations
or the measures of the Canadians or Indians.
The inhabitants, unable to protect themselves,
left their defenceless dwellings, and retired to
the southern parts of the district, to Massachu-
setts, and Connecticut. Mr. Chittenden remov-
ed with his family to Arlington ; and became
the leading man in the consultations and debates

?^6

NATURAL AND CIVIL

ef the inhabitants. In the fall of 1775, he war
•employed by the people, with four others, as a
committee, to repair to Philadelphia, to procure
intelligence and obtain advice re,cpecting what
ineasures Congress were pursuing, and what
kind of political proceedings were proper for the
people on the New Hampshire grants. Deeply
interested in the controversy with New York
respecting the title to their lands, and more ac-
quainted with public business than the other
settlers, he was early engaged in the opposition
to the measures of that goverhmentj and became
one of the principal leaders in all the proceedings
of their conventions. While suffering severely
from the operations of the American war, he
saw the opportunity it afforded to terminate al)
their controversies by declaring independence,
and forming a new state and government in the
disputed district. And having adopted this de-
cisive plari of sound policy, he steadily pursued
It, till he saw it avowed by the inhabitants, and
acknowledijed bv the federal government, The
people were agreed in placing him at the head
of their new commonwealth ; and in all the
scenes and contests which ensued, he proved an
able counciUor, and a firm, economical and
popular governor. On account of his judgment,
experience, and acquaintance with the manners
and disposition of the people, matured by age,
observation and practice, he appeared to be bet-
ter qualified to be their governor than any other
man at that period ; and was probably of more
benefit and advantage to the state, than a man
of more theoretic knowledge, or polite accom-
plishments, would have Ipeen. After a life of

HISTORY OF VERMONT. 277

much activity and utility, beloved by his family
and friends, and sincerely esteemed and lament-
ed by the people of the state, governor Chitten-
den died at Williston, August the 25th, in the
68th year of his aec.

In this event, the politicians found new mo-
tives and reasons for their appearance and ef-
forts ; while another had served still more, to
rouse up their activity and exertions. Presi-
dent Washington had the year before announced
his intention to resign his office, and retire from
the labors of public life ; and on March fourth,
John Adams had been declared to be the presi-
dent of the United States. It was known that
he was an avowed opposer of the French prin-
ciples and proceedings ; and a large number of
the people were opposed to his appointment.
The restraints that had been imposed on the
spirit of party by Washington's virtue and
popularity, and by the certainty of Chittenden's
election to the chair of state, had both ceased.
The parties were already formed, and had pro-
ceeded so far as to adopt the terms federal and
repiihltcan^ as the common phrases of political
language, and the avowed badges of distinction
and opposition ; and the opportunity was now
arrived, for the federalists and republicans to
exert all their arts and influence to strengthen
their own party, by the clectiom of a new gov-
ernor. Neither party were deficient in exerting
all their powers and abilities in the electioneer-
ing contest. The assembly came together at
Windsor, in the beginning of October ; and on
qounting th€ votes of the freemen, it was found
^hat an election had not been made by the

<978 NATURAL AND CIVIL

people, but that a majority of the votes were it|
favor of Isaac Tichenor^ at that time chief jus-
tice of the state. By the constitution, the de-
cision devolved on the general assembly ; and
by a large majority of their votes, it was deter-
mined in his favor.

The new governor opened the busiAiess of
his administration by introducing the custom in
the other states, of making a speech to the as-
sembly. The speech was sentimental, well
composed, and delivered with address and ele-
gance ; and the audience were much pleased in
seeing the customs of the other states introduced
into Vermont in a respectable and agreeable
manner. The address applauded the state and
federal constitutions, as both ' founded in the
same republican principles ; but it was marked
with what was called decided federalism^ avow-
ing not only a full approbation of the measures
of Washington's administration, but that " the
known experience, firmness, and integrity of
^' those, who are placed at the head of its admin-
istration, ought to inspire us with a proper de-
gree of conf.dence in the future,"* alluding to
the measures which: Mr. Adams was pursuing.
The house returned a decent and respectful an-
swer ; but the composers of it evidently meant
to have the answer contain more of the republi,
can spirit than tlie speech. *' We are not dis-
posed to call in question, the wisdom or integri-,
tv of tliose who have been concerned in the ad-
ministration of the general government, nor to
withhold confidence where it ought to be in-
j^pired ; but give support and energy to every

* Journal of the assembly of Vermont, 1 79 7, p. 24.

HISTORY OF ' VERMONT. 27S(

fneasure which, in our opinion, will secure or
promote national prosperity."*

On both sides, the business was conducted
with propriety and decorum. The spirit of
party was then in its infancy ; it had not assurn-
ed the boldness, the insolence, the acrimony,
intolerance, and fierceness, which time and op-

Eosition generally produce. The customary
usiness of the session went on in the usual and
common course, without much of the bitterness
©r wrangling of faction. The appointments to
civil offices seem to have been made, more with
a respect to abilities and virtues, than in conse-
quence of political opinions. The federalists
had a^ decided majority in the assembly ; but
both parties appeared to be suspicious ; anx-
ious about their numbers, and vigilant to pre-
serve and increase their own strength, populari-
ty and power.

1798. The next session of the legislature
was at the city of Vergennes. Mr. Tieheno^'
had carried the election for governor by a great
iniijority ; and the whole country was in a state
©f great irritation on account of the French pro-
ceedings. Their extravagant pretensions about
liberty and equality, their rapnciou^ and plun-
dering spirit, their insolence, duplicit}-, and con-
"temptofall civil rights and moral obligations,
were now at the height. They had plundered
the American commerce, refused to receive the'
American ambassadors, and under the name of
a loan had demanded a tribute. Mr. Adams
had resisted their demands with firmness, and
avowed to his country what he conceived to be

• Joumal of the Rwembly of VcrnxQnt for 1797. page 57.

280 NATURAL AND CIViL

their intentions, and the necessity of a clccided
opposition to their claims and proceedingSo
The whole continent was filled with resentment,
indignation, and disdain ^ at the idea of being
subject to tribute.. Those who were supposed
to be in favor of the French principles and pro-
ceedings, instead of being called republicans,
were named democrats ; and the whole party
were odious to the people, in every part of the
United States. .' ■ . ,

In this state of the public mind the assembly
came together. The governor, in his speech,
entered largelj'' on the French pojicy, perfidy,*
insolence, rapacity, and tributary demands ; and
the necessity of expressin!> in the most decided
iXianner, their conndence in; and adherence to
their own national government.* The house
returned an answer truly antigaUican^ aiid in the
iiighest tone of what w^as called federalism ; and
that nothing might be omitted that could serve
to convey the strongest ideas of their union and
confidence,. " We cannot," said the assembty,
*' close tills reply to your address without ex-
presshig our entire approbation of your admih-
ikstration, for the past year ; and our sincere
Wishes that your usefulness may be long con-
tinued to your country. "f

On' the second day of the session it was pro^
posed to choose a committee, to draw up ait
address to the president of the United States ;"
and so small and destitute of influence was the
opposite party, that it does not appear that any'
of them ventured to oppose this novel measure*

- * Journal of the assembly of V«rmont, far 1798. g. I3«
■f Ibid, p, 7J.

HISTORY OF VERMONT. ^81

The address was soon presented to the assenW
bly, and adopted by 129 votes ; 23 only ap-
pearing in o])position. In this address the sen-
timents and feeUiigs of the assembly were thus
introduced : " While the communities, corpo-
rations, towKS, cities, and legislatures of your
country are Crowding to approach you with ad*
dresses of approbation and gratitude, will you,
sir, permit the legislature of the state of Ver-
mont to )\jin the general voice ? A rn on g the
latest to address, we would be considered as
among the foremost to approve your official
'Conduct." The principles, proceedings, and
'government of the French, were treated with
extreme asperitVo Their readiness to engage
ip a war, if necessary ^ to defend the country a-
gainst Frencl^ duplicity and rapacity,' Wa-s an-
nounced in the most decisive tone ; and their
abhorrence of those, who were censuring Mr,
Adams*s measures and administration, was as-
serted in the strongest terms. To carry their
declarations of attachment to him, to the high-
est point, " Permit us," say they, " to add as-
surances of our personal respect ; while we
iionor you as our chief magistrate, we respect
you as a mail ; and it is to your glory we can
say, we regard John Adams, because we love
our country,"*

To complete the system of energetic and de-
cisive measures, the assernbly carried the same
principles and feelings into the business of their
<?ivil appointments. The chief justicef was a
man confessedl'v of pure morals, uildeviating

* Journal for 1798. p. 78.
f Israel Sniirh.

VOL. II L 2

^as NATURAL AND CIVIL

.justiGe,-^ncl nneorrupted integrity ; and had
4'i$charged the duties of his office without the
suspicion of Corruption. He was an admirer of
the principles on vyhlch the French revohition
had been founded, and carried republican senti-
ments to their full extent ; but was unblamed
iind unc^nsured in every part of his private and
judicial conduct. The assembly chose another
jnan for chief justice, in his room. They left
<)Ut also tvt'.o of the judges of Bennington coun-
ty, the sheriff, judge of probate, and several of
the justices in that, ,and some other of the coun-
ties ; and appointed in their room, men of more
approved federal principles. Tlie avowed aim
and design of these measures was to check the
progress of democracy, and encourage the sup-
porte^rs of Mr* Adams's administration. And
it was meant to carry the proceedings so far, as
jtp intimidate others from appearing in opposi-
lipixto the tneasiires of the state or federal gov-
crnments^

Whetv the political inflammation had subsided,r
ih^ assembly proceeded in the annual business
of the state, with their usual impartiality, industry
and good sense. In addition to their customary
business, an application of a singular nature
came before them from some of the Indian chiefs
of Canada, stating a claim to a large part of the
lands in the state, and requesting compensation
for that part of their territory that lay within the
bounds of Vermont. As the Indian character
and population is now depreciating and disap-
pearing, it may be a matter of curiosity and in-
formation to preserve the memory of this appli.
nation j in its original form and style : The foU

HISTORY OF VERMONT. 283

lowing Is a copy of the Indinn address.

" His excellency, Isaac T'lchenori^ Esq. gov.

* ernor of the Stutc of Vennoat,

' Great brother,

* We the chiefs and councillors of the

* seven nations of Lower Canada Indians, send
'• our love and respect to you and your family,

* by five of our agents, which we the chiefs
' have sent to you to treat about our hunting

* lands^ that lie in your state. Beginning on the
' east side of Ticonderoga, from thence to the
' great falls on Otter Creek, and continues the
' same course to the height of land, that divides

* the streams between lake Champlain, and the

* river Connecticut ; from thence along the height
'of lands opposite Missisque ; and then down to'
^ the Bay : That is the land belonging to the
^ seven nations, which we have sent to settle

* for with. you, as we have settled with York

* state. So we hope you will be pleased to re-

* ceive our agents, and that it will be settled, so
' that both sides will be contented.

' Cognahwaghah, the 29th of Septernberj
' 1798."

Signed by twenty chiefs of the different na-
tions.*

The assembly took up the matter with pro-
priety and attention, and appointed a respectable
committee to examine the matter, to state facts,
and make report to the house. The committee
attended on the Indian chiefs, exammed their
claims, and made report that they were opinion
that " they have had a claim to the above de-

* scribed land, by a title arising from an agrcc-

• Joxirnalfor 179$. p, 108.

fiU NATURAL AND CIVIL

* ment, entered into with the other nations, the

* aborigines of this country, they cannot ascer-

* tain whether that title has ever been extinguish-

* ed by purchase, conquest, derehction of occu-

* pancy, or in any other way whatever. That

* no settlement can be made with these Indians,

* respecting their claim, by the legislature of

* this state, v/ithout the permission of the Uni-

* ted States, agreeably to an Act regulating

* trade and intercourse with Indian tribes,'.'
passed July 22d, 1790,. ' '

" The committee, under all these clrcumjitan-

* ces, are of opinion that his excellency the gov-

* ernor, be requested to inform the said Indians,

* that when they shall exhibit clear and circum-

* stantial proofs, that the claim tbey now mnkc

* is founded on the unerring and unalterable riiks

* of justice, and shail produce therewith the nc-

* cessaiy documents, authorising tins/ state Ic
' treat with them, they will find their brethrer.

* of Vermont ready and willing to maintain in-

* violable the most friendly intercourse with tlx
*, Indians of the seven inationsj and. to do and.

* perform all those acts of kindness and gene-
' roslty, Vvhich their strong principles (Xf justice
' cannot fail to inspire. '

^ The committee therefore would advise,

* that his excellency, be further requested to
^ obtain from the state of New York, all
' the information be can, and shall deem ne-
' cessary, respecting a similar claim, made by
' the same Indian tribes, on that state, and the

* nature and extent of the compensation allowed.

* to them thereon : And that he cause to be'
■^presented to them, as soon as conTenientl'.'

HISTORY OF VERMONT. 2S5

* can be done, a token of friendship, and affection,

* from their bretiircn of ^'ermont, in such arti-

* clesas he shall deem best, not exceeding in val-

* ue the sum of one hur.drcd dollars ; and that

* he cause their maintenance while here, to be

* regularly paid for."'*

The Indian chiefs having found good quar-
ters and good cheer, attached much attention,
curio.'-jity, and company, and receiving their hun-
dred dollars, retired in good humor to their
tribes ; well pleased with their own policy, and
with that of the assembly of Vermont, hoping
that the game would prove still better another
season.

At this session of the legislature a proposal
came forward from the state of Massachusetts,
purporting an amendment in the federal consti-
tution, That no person should be eligible as
president or vice presi:lent of the United States,
nor should any person he a senator or represen-
tative in the Congress of the United States, ex-
cept a natural born citizen, or unless he should
have been a resident in the United States, at the
declaration of independence, and should have
continued either to reside within the same, or tQ
be employed in its service, from that period ta
the time of his election. Nothing could have
been more agreeable to the sentiments of the
assembly, than the proposed amendment. It
was adopted by the votes of 152 members, five
only appearing in opposition.*

In reviewing the proceedings of this assem-
bly, it is impossible not to observe, and It is

• Journal for 1798. p. 166.

♦ Journal-for 1798. p. 10.;,

^6 NATURAL AND CIVIL

painful to remark, how often and how easily in.
fianimatory passions deceive those on whom they
operate ; how insensibly they put themselves
off for moral principles, and how unfortunately
they misguide private and public conduct. B)'
makin^^ opinions and sentiments respecting par-
ticular administrations the standard of political
orthodoxy, or the necessary qualification for a
civil office, the assembly were opening the way
to a corrupting and oppressive scene of political
intolerance, persecution, and dismission from
office. If federalism scrupled not to introduce
such measures of polic}'-, to avow, to justify,
and to practice them; the same kind and mea-
sures of proceeding, vv'ouid b& as right, fit, and
proper, whenever the administration should flill
into the hands of the democrats. And thus a
system of political . oppression and persecutiou
would commence, depending altogether on a
majority of votes, and the power oi the prevail-
ing faction ; but wholly unconnected with moral
principles or character ; with justice, equity^ the
necessary qualifications, or a faithful discharge
of the duties of office.

It might be proper and useful at that period,
to announce a determined opposition to the
principles and proceedings of the French ; but
the policy of doing this by a formal address to
the president of tha United States, was not with-
out risk and danger. By introducing a custom
till then unknown, and unexpected from the
state, it was not improbable that a precedent
was established, and a foundation laid, for an
.^ndless scene of expensive intrigue, flattery, and
compliment. The precedent would unayoid-

HISTORY OF VERMONT. 287

ably be imitated by all succeeding parties ; it
might admit of the greatest abuse and corrup*
tion ; serve to distinguish the victciles, inso-
lence, and triumphs of the most powerful ir,c..
tion ; but could seldom be of any advantage to
an inland and agricultviral state, like that of
Vermont.

But whatever may be thought respecting tlie
policy of the measure, Mr. Adams viewed the
address in a very favorable light, and returned
a very polite and respectful answer. " Among

* all the addresses," says he, " which have been

* presented to me from communities, corpora-
' tions, towns, cities, and legislatures, there has

* been none more acceptable to me, or Avhich

* has affected my sensibility, or commanded my

* gratitude, tlian this very sentimental compli-

* ment from the legislature of the state of Ver-

* rnont ; a state, which within my memory, has

* been converted from a wilderness to a fruitful
' field. Knowing, as I do, your original aild
'^ progress, and the brave, hardy, industrious and
' temperate character of the people, the appro-
' bation of their representatives, their attachment

* to the constitution, and determination to sup-

* port the government, are the more to be es-
^ teemed. .

'It is not possible for my fellow citizens to
' say any thing more glorious or delightful to
" me, than that they regard me, because they
' love their countr\\"*""

1799. The next session of the legislature
was at Windsor, in October 1799. The spirit
and feeling's of the countrv were vet strons^Iv

* Jourual of the as";imbly of Vermont for I'oq, page 4J.

SSSi NATURAL AND CIVIL

opposed to the French proceeding's. 'Mr. Adams
had been very active in i)rocurin£» a naval force
to protect the coasts and comip.crce-of the Uni-
ted States. Good effects : had followed the
ineasure in checking the insolence and rapacity
of the Ftench privateers. In his speech to the
assembly, Mr. Tichcncr aj)plauded this meas-
ure, and congratulated the legislature on the
wisdom of the chief magistrate of the union,
and the patriotic energy of the national adminis-
tration ; and on their own internal tranquility
and prosperit}'-, " that no daring insurrection had
disgraced their government, and that , the citi-
zens continued to venerate religion, niorality;
and the laws."* The as-sembly fully approved
of tlie governor's sentiments and measures^ aiid
in their address expressed the highest satisfac-
tion with his election and administration, the in-
creasing prosperity of the state, and the warlike
opposition that had been made to the French
aggressions and captures. '' The confidence of
' your constituents ejipressed by a decided ma-
^ jority of their annual suffrages," they assure

* him, " affords the highest satisfaction to the

* general assembly. With you, sir, we sincerely

* rejoice that under your administration, the
" state is in a high degree prosperous and hap^

* py ;' that the bounties of providence have been

* so liberally bestowed, the blessing-s of health

* and peace so generally enjoyed ; and the honor

* and felicity of the nation so extensively in^

* creased. To behold our citizens rapidly ad-
' vancing in habits of industry and economy,

* the science of government generally under-r

• Jounial of tbe a$ssini.>!v ol \'cfnior.t for i;VQ, page 9..

HISTORY OF VERMONT. 289

* stood among the people, and a high venera-
' tion for religion, morahty, and the laws, gives

* us the fullest assurance that ill founded jeal-

* ousy of our rulers cannot exist, nor the ambi-

* tious and designing find means to discourage

* the upright magistrate. We can predict with

* pleasure, the increase of well founded confi-

* dence in the state and general governments,

* built upon the firm basis of our happy consti-
' tution."^

The business which is most apt to agitate,
and for which a popular assembly is the most
unfit, is the appointrrient of civil officers. When
this came before them, they did not replace
those who had been left out the preceding year ;
but proceeded with more moderation and cau-
tion, in making their discriminations and sacri-
fices.

A serious difficulty had arisen with the gov-
ernment of Canada, respecting the case and
death of one John Gregg. This man had been
arrested within the limits of Canada, by some of
the citizens of Vermont ; and while in their
Gfustody had been drowned in lake Champlain.
Bills of indictment v/ere found againt those citi-,
zens, in the colonial court of king's bench of
criminal jurisdiction in Montreal ; and a demand
v;as made by the government of Canada, to have
them delivered up by the government of Ver-
miont; to be tried for the supposed murder.f
Fortunately for both countries, the spirit of
moderation and wisdom presided over the in-
quiries and discussions of their governors ; and

• Journal for 1799. p. SS-
f Ibid. p. 4g.

VOL, II M 9.

290 N/VTURAL AND CIVIL

the matter was brought to a speedy and satis-
factory issue by the liberality and justice of the
governors of Canada. The assembly had so
high a sense of Mr. Tichenor's services on this
occasion, that they returned him their thanks in
a warm and affectionate address ; and desired
him to inform the governor of Canada that they
entertained '* a very high sense of the liberal, ,
candid, and delicate manner, in which that un-
happy affair, had from its commencement to its
termination been treated by his predecessor, and
by him. Their conduct, when our sense thereof
is known to our fellow citizens, must tend to
increase the general desire for the continuation
of a mutual, a free, and amicable intercourse,
"with the country over which he presides."*

At this session the governor communicated
to the assembly, the result of his enquiries res-
pectmg the claims of the Indians to lands in
V^ermont : That these '* Indians, the Cognah-
waghahs, were anciently of the confederacy cal-
led the five nations ; which confederacy, or
some nation of that confederacy, might have
once had a good right to the territory now
claimed. In the former wars between the En-
glish and French, while the English king held
the government of this country, it is believed
the Cognahwaghahs separated from the confed-
eracy, removed into Canada, put themselves
under the French, and joined their fortunes with
the French king, in his wars ■with the English ;
the latter being victorious, conquered the French
and their allies in this country, and in Canada,
TUpon which the whole country was yielded to
the English, in right of conquest. That in the

• Journal for 1 799. p. 64.

HISTORY OF VERMONT. 291

3-ear 1775, when the king of England, who had
granted these lands, made war upon this coun-
try, these Indians were his allies, in that war,
and thereby subjected themselves and interest
to its consequences. The people of the United
States were victorious, and the king of England,
by treaty, yielded to the United States all the
lands south of Canada. Thus, in my view the
claims of the Indians have been extinguished."*
A committee of the assembly agreed in senti-
ment with the governor, and its was " Resolved^

* That his excellency the governor of this state

* be requested to notify the chiefs of the seven

* nations of Indians inhabiting lower Cana-

* da, that the state of Vermont has taken all

* possible care to examine into the merit of the
' claims mentioned in their communications to
'■ his excellency the governor, at the city of \qx-

* gennes, in October, 1798 ; and are fully of
' opinion, that their claim, if it ever did exist,
' has long since been done away and become

* extinct, in consequence of the treaty of peace

* in 1763, between the king of Great Britain and
' the French king ; and the treaty of peace be-

* tween the king of Great Britain and the United
' States, of which this state is a part, in the year
' 1783 ; and that the said Indians have now no

* real claim either injustice or equity."!

The questions that most of all engaged the
politics and passions of this assembly, were those
which were occasioned by the resolutions which
had been passed by the assemblies of the states
of Virginia and Kentucky. The Congress oi

* Journal for 1799. p. 97.
+ Ibid, p, 14^.

292 NATURAL AND CIVIL

the United States was alarmed with the appre-
hension that the arrivaLof large numbers of emi*
grants from France, and other parts of Europe,
with the exertions of that part of their citizens
which appeared to be in favor of the French
principles and measures, would involve the
country in serious difficulties, and prove trouble-
some and dangerous to the government. To
guard against such evils they had passed an alieii
law, giving to the president of the United States
a power to direct aliens to leave the country,
■whenever he apprehended their longer residence
in it would be dangerous to the public peace or
safety ; and a seditiori law, defining the crime
and punishment of reviling the chief magistrate,
or other officers of the federal government. To
both of these bills, those who were then called
democrats, declared their utmost abhorrence and
detestation ; as being both unconstitutional and
tyranical.

It was known that some of the southern
states v/ere unfriendly to Mr. Adamses adminis-
tration, and it v/as believed that they were de-
sirous of finding ways and means to prevent his
re-election to the presidency. But whatever
was the design, the states of Virginia and Ken-
tacky passed a number of extraordinary reso-
lutions, condemning the proceeding's of Con-
gress in passing the alien and sedition bills -,
and going so far in opposition, as to make the
particular states the consititutional judges of the
legality of the acts of Congress, and of the obli-
gation that any state v/as under to yield obedi-
ence to them. These resolutions, by order of
their legislatures, were sent to each state m the

HISTORY OF VERMONT. 293

union ; inviting their examination and concur-
rence, and wishing them all to avow the samQ
principles ^nd measures. A majority of the
assembly of Vermont viewed these resolutions
as greatly dangerous ; in their nature, as de-
structive of the principles on which the federal
union was first formed, and could now exist ;
and in their tendency, as designed to reduce the
powers of the federal, and to advance those of
the state governments. With such sentiment^
and apprehensions, they judged it to be expe-
dient to express a determined disapprobation
and opposition to those resolutions.

With regard lo the communication from the
state of Virginia, it was " Resolved, That the

* general assembly of the state of Vermont, do

* highly disapprove of the resolutions of the

* general assembly of ihe state of Virginia, as
' being unconstitutional in their nature, and

' dangerous in their tendency. It belongs not -' i;-'
' to State Legislatures to decide on the consti-

* tutionality of laws, made by the general gov-
' ernment ; this power being exclusively vested
' in the judiciary courts of the union."

The answer to the state of Kentucky was
more particular and explicit. As it may serve
to explain the politics of that day, it may be of
use to insert the whole.

" To the Legislature of the state of Kentucky.

Vi* We have maturely considered your rcso-
' lutions of November 10th, 1798. As you in-

* vite our opinion, you will not blame us for

* giving it without disguise, and with decision.

* In your first resolution, jou observe, in sub-

* stance, " that the states constituted the gen- '

294 NATURAL AND CIVIL

eral government, and that each state as partr
to the compact, has an equal right to judge for
itself as well of infractions of the constitution,
as of the mode and measure of redress."....
This cannot be true. The old confederation,
it is true, was formed by the state Legislatures,
but the present constitution of the United
States was derived from an higher authority.
The people of the United States formed the
federal constitution, and not the states, or their
Legislatures. And although each state is au-
thorised to propose amendments, yet there is
a wide difference between proposing amend-
ments to the constitution, and assuming, or
inviting a power to dictate or control the gen-
eral government.

* I:j your second resolution you certainly mis-
construe and misapply an amendment, to the
Federal Constitution, v/hich, if your construc-
tion be true, does not surely warrant the con-
clusion that as a state you have a right to de-
clare anv act of the peneral j^overnment which
you shall deem unconstitutional null and void :
Indeed you actually do declare two acts of the
Congress of the United States null and void.
If, as a state, you have a right to declare two
acts of the Congress of the United States, un^
constitutional and therefore void ; vou have an
equal right to declare ail their acts unconst4tu-
t-ional. Suppose each Legislature possess* the
power you contend for, eacii Legislature would
have the right to cause all the acts of Congress
to pass in view before them, and reject or ap-
prove at their discretion, and the consequences
would be, that the government of the Union,.

History of Vermont. 29^

* falsely called general, might operate partially in

* some states, and cease to oj^erate in others.
' Would not this defeat the grand design of our
*• Union. ,

* In the eighteenth article in the eighth section

* of the constitution of the United States, we

* read, *' That Congress shall have power to
' make all laws, which shall be proper for car-

* rying into execution the Government of the
' United States." If you enquire, where is our
" redress, should the Congress of the United

* States violate the constitution, by abusing this
' power ? We point to the right of election, the
^ Judicial courts of the union ; and, in a jury of
' our fellow citizens, we find the ever watchful

* and constitutional guard against this supposed

* evil.

' In your third resolution yoii again severely

* reprehend the act of Congress, commonly cal-
' led the " Sedition Bill ;" if we possessed the
^ power, j^ou assume, to censure the acts of the

* general government, we could not consistently
' construe the Sedition bill unconstitutional ;
' because our own constitution guards the free-
^ dom of speech and of the press, in terms as

* explicit as that of the United States, yet long
' before the existence of the federal constitution^
' we enacted laws which are still in force, against
' sedition, inflicting severer penalties, than this

* act of Congress.

* And although the freedom of speech and of

* ,the press are declared unalienable, in our bill
' of rights, yet the railer against the civil
"' magistrate, and the blasphemer of his Maker
' are exposed to grievous punishment. And no

±96 NATURAL ANt) CIVIL

' one has been heard to complain that these laws

* infringe our state constitution. Our state laws

* also protect the citizen in his good name ; and

* if the slanderer publish his libel, he is not in a

* criminal prosecution, indulged, as by the act

* of Congress, in giving the truth of the facts aS

* exculpatory evidence. Thus accustomed to

* construe our own constitution, you will readily

* conceive that we acquiesce in a similar con-

* struction of the constitution of the United

* States.

' In your fourth resolution, you declare the

* A'ien act to be of no force, and not law : That

* Congress have, in passing that law, assumed a

* power not delegated by the constitution, and

* have thereby deprived the alien of certain con-

* stitutional rights. We ever considered that
' the constitution of the United States was made^

* for the benefit of our own citizens ; we never

* conjectured that aliens were any party to the

* federal compact ; wc never knew that aliens

* had any rights among us, except what they de-

* rived from the law of nations, and rights of
' hospitality, which gives them a right to remain

* in any country while inoffensive.. ..subjects

* them to punishment if disobedient, and to be

* driven away if suspected of design injurious

* to the public welfare.

' l-^HE construction of the constitution, whicli

* prohibits Congress from passing laws to pre-
' vent emigration until the year 1808, in your

* fifth resolution, is certainly erroneous ; this"
' clause, we ever apprehended had for its object

* Negro Slaves ; and to give it any other con-
'- struction would be to infer that Congress after

HISTORY OF VERMONT. 297

' the year 1808, would iiave power to put a

* capitation tax upon every alien, who should

* come to reside among us. This idea is too

* inhospitable to be admitted by a free and gen-

* erous people,

, * In your sixth resolution, you alledge that

* the president is vested with a dangerous pow-

* er ; that, by his simple order, he may remove
^ a suspected alien. We conceive that the pre-

■ sident of the United States, as the head of

* government, possesses the best means of

* knowing the emissaries of our enemies, and

* we have the fullest confidence in his using his

* power and knowledge for the public gcfod.

* You say that an alien has a constitutional right

* to a trial by jury, to be informed of the nature

* aind cause of the accusation, to be confronted

■ with the \vitnesses against him, and to have a
' compulsatory process for obtaining witnesse;?
' in his favor, and to have the assistance of

* counsel for his defence. If an alien among us
^ commit a crime he may indeed be tried by a

* jury of the country, to which he owes local al-
^ iegiance ; but by what law shall a man be
\ tried by jury for suspicion ? If our country

* were threatened; with invasion, a thousand spies
^ might be sent to spy out our weakness, and to

* prepare bad men to assist, and weak men to

* submit to the enemy. Do not the common
' principles of self defence, enable a government

* to arrest such emissaries, and send them from

* the country, if only suspected of design hostile
' to the public safety ? If not, should some for-
' eign invader approach our coasts, with a pow-

* erful fleet and army, those aliens would have a
^ constitutional right to a trial by jury,

voi. II N 2

298 NATURAL AND CIVIL

* 1:^ your last resolution, you say *' that cdfii
' fidence is every where the parent of despotism »

* fi"'ee government is founded in jealousy, and

* not in confidence." This i« a sentiment pal-

* pably erroneous, and hostile to the social na-

* lure of man : The experience of ages evinces

* the reverse is true, and that jealousy is the

* meanest passion of narrow minds, and tends to
' despotism ; and that honesty always begets
' confidence, while those who are dishonest

* themselv^cs, are most apt to suspect others."^
•^ 'No questions could ha\'e ascertained the
strength of politicil parties, with more clearness
and certainty, than the votes on these resolu-
tions. In favor of adopting the answer to the
Virginia resolutions, the yeas were 104, the
nays 52. With regard to the answer to the
state of Kentucky, the yeas were 101, the nays
50. t The minority however were neither quiet
nor silent, when these resolves were passed.
Thirty.three of them entered their protest on
the journal, and assigned twelve reasons why
they dissented from the majority. Those rea-
sons were meant to express higher sentiments
of the extent, and a stronger attachment to the
principles of republicanism, and the powers of
individual states, than the resolves of the as-
sembly had asserted.!

A question came before this assembly res-
pecting an amendment to the federal constitu-
tion, which at that time seems to have beeri
contemplated' more as a matter of expediency,
than of political principles. The state of Nev-

* Journal for l 799, p. loj — xojt.
•f Page 1 08, 109,
"X Page 148 — 15*.

HISTORY OF VERMONT. ^95

Hampshire had proposed that in voting for pre-
sident and vice president of the United States,
the electors should in future distinguish in their
votes, which wns voted for as president, and
which was voted for as vice president. This
alteration in the constitution, became afterwards
a matter of serious debate and contention. It
may be of use to remark what were the opinions
of the different parties, at this period. The-
sentiments of this assembly were expressed in
this manner : *' Resolved^ that the senators and

* representatives of this state in Congress, be,

* and they ^re hereby requested to use their

* best endeavors, that Congress propose to the
' legislatures of the several states, the following

* amendments to the constitution of the United

* States, to wit.

*' That the electors of president and vice
^ president, in giving their votes, shall respec-
' tively distinguish the person whom they desire

* to be president, from the one they desire to
^ be vice president, by annexing the words
' President or Fice President, as the case may
' require, to the proper name voted for." All
the federalists were in favor of this amendment,
yeas 94 ; the republicans were also united in
their opposition to such an alteration, nays 42.^'

From the number of votes which appeared
in opposition to the political measures of the
m.ajority in this assembly, it appeared that the
number of those M^ho were called republicans
was in fact very considerabl}' increased In the
assembly since their last session at Vergennes ;
and that they now amounted to one third of the
whole assembly.

* ^2ge 153, 154.

30Q NATURAL AND CIVIL

1800. In the year 1800 the legislature con-
vened at Middlebury, in the month of October,
The members came together in apparent good
humor, and without the prospect of any thing
to produce a fermentation in the public feeling
or sentiment. In his 'speech^ the governor
urged the attention of the assembly to the par-
ticular nffairs of the state ; but mentioned
Washington's and Adams's administration, in
terms of the highest approbation ; as founded
on principles, and containing the measures of
policy, which 3^et ought to be pursued. Refer-
ring to the administration of Mr. Adams, and
the election of a president which was soon to
take place, " Should our first magistrate," says
he, " be other than an independent American,
the most injurious consequences to us and our
posterity, are ju§tly to be apprehended."* The
answer which the house returned was mild,
mora! and sentimental ; expressive of the difE-
culties of legislation, the danger of being guided
by corrupt passions and interests, and the im-
portance of sober, moral, and religious princi-
ples ; become more important and impressive
by the e^ils v;hich had attended the violation of
them in Europe. What was called federalism,
xvas still the favorite plan of policy. Their feel-
ings on this subject were thus expressed :
*' Thankful to heaven for the blessings we have
enjoyed under the administration of a Washing-
ton and an Adams, we devoutly implore the
same wisdom, goodness, and power, to direct
our elections and our governments, and to ban-
ish from us forever calumny and detraction."!

* Joirrnal for 1800, p. 13.
+ Pa-e 138.

HISTORY OF VERMONT, SOI

The common business of the state was trans-
acted without the violence of party spirit, the
members that had been displaced from civil of-
iices at Vt^Tgennes in 1798, were now replaced
in their offices, and no more penal discrimina-
tions were made on account of political opin-
ions. It was however understood that in the
general course of appointments and measures,
in the election of a senator to Congress, and in
the choice of the electors of a president, the
federal interest would prevail ; and the majority
meant to support Mr. Adams's administration,
and measures of policy.

Another election of a president and vice
president of the United States was soon to take
place. It was known that if the appointment of
electors for the state of Vermont should be
made in the customary manner by the legisla-
ture, they would all be in favor of Mr. Adams.
To prevent such an event the republicans ob-
tained leave to bring in a bill to have the state
divided into districts, and the choice of the
electors made by the people. It was hoped
that this measure would prove more favorable
to the interest of Mr. Jefferson, than to have the
appointments made by the council and assem-
bly. On this question the strength and views
of the two parties were fully discovered. After
repeated discussions the bill was rejected by 95,
and advocated by 73 votes.* The republican
inembers had therefore increased in the course
of the last year, and the majority on the side of
the federalists did not now amount to more
than twenty two. The measures of Congrcsii

* ?3ge lit.

302 NATURAL AND CIVIL

in raising an army, in passing the stamp act,
the ahen and sedition bills, and above all the
land tax, and repeated publications on the sup-
posad want of economy in the public expendi-
tures, had diminished the popularity of Mr,
Adams's administration in the minds of many,
and proved unfavorable to the progress of
federalism.

At this session the affair of the Indian claims
Avas brought to a close. Having found the ad-
vantages on a former occasion of announcing
themselves to be the owners of the land, their
chiefs wished to continue the trade and treaty ;
and a number of them attended this session of
the assembly for that purpose. The governor
informed them that the assembly had decided
against the justice or equity of their claims, and
would not purchase any title they might sup-
pose they ever had to any lands in Vermont.
The assembly voted that fifty live dollars should
be given th^m to defray the expences of their
return to their own nations ; and they were in-
formed that no more monies would be given
them, either to pin-chase their claims to the
lands, or to bear their expences in attending any
future legislature.-

The encouragement of education and litera-
ture, was an object, that much engaged the at-
tention of this assembly. The University of
Vermont, establislied by the legislature at Bur-
lington, in the year 1791, had not been in oper-
ation as was expected. The town contained
Iput few inhabitants, and it was not in their pow-
er to erect the necessary buildings, procure l\

1 ?*gc 155-

HISTORY OF VERMONT. SOS

suitable library, philosophical apparatus, or the
proper accommodations for professors and stu-
dents. The trustees were embarrassed, s'eldoifi
met, and a president was not appointed for the
seminary. The citizens of Middlebiiry were
anxious to have a college in that place. Thet
erected a small, but convenient building, pro-
cured books, appointed an instructor, and col-
lected a number of students. Their exertions
had produced more of a literary appearance than
Xvas to be seen at Burlington, In this state of
things they urged the legislature to let them go
on, and make a college CiUt of the school they
had already formed. The matter had been sug-
i2;ested to the assembly at Windsor the year be-
fore ; it Was now urged with more warmth, and
the legislature was invited to viev/ and examme
what they had already done. After much de-
bate anc? reasoning upon the subject, a majority
of the house were of opinioo, that the exertions
of Middlebury ought to be encouraged ; that
the most probable way to encourage the intro-
duction and cultivation of science in the state,
would be to favor those who were willing to be
at the expence of it ; and to make it the interest
of such societies to endeavor to excell, and im-
prove upon each other : And an act incorpora-
ting and establishing a College at IVIiddI«bur3%
in the county of Addison, was passed by a great
majority, yeas 117, nays 51.^

The act of incorporation gave to the presi-
dent and fellows all the powers and privileges
commonly granted to colleges or universities ;
and one, which has not been usually granted to

'•* P«2e 90s.

S04.- NATURAL AND CIVIL

colleges, that of prescribiBg and administering
oaths. " To prescribe and administer such

* forniis of oaths, not being contrary to the con-

* stitution and laws of this state, or of the Uiii-

* ted States, as they shall think proper to be ad-

* ministered^ to ^11 those officers and instructors
' of the said college, or to such and so many of

* them as they shall think proper, for the faithful

* execution of their, .respective, places, offtceSj
' and trusts.";

In one article it seemed to differ frorn the gen-
eral opinion and practice, which had been
adopted in the United States, from the time of
the American revolution. From that period,
the legislature of almost every state had been
careful to insert in the constitution of all such
societies; a proviso, that the seminary never
.should be under the direction of any one reli-
gious sect, party, or denomination ; and that
none of them ever should ha\?e the preference
in any after regulation, government, instruction,
or favors of such a seminary. No proviso of
this nature was inserted in the act incorporating
Middlebury college : nor is there any clause in
it, that appears to be designed to prevent the
president and fellows from establishing any
opinions, creeds, confessions, or denominations,
that they may think propcV. It is therefore with
them, to appropriate the college education and
honors exclusively, in favor o^' any one of the
religious denominations, that they may wish to
build up. rhe following proviso \vas inserted
in favor of the universit}- at Burlington, " That
^ nothing in this act, or any part thereof, shall

* be construed to extend to, or give to said cor-

HiSTOR:Y OF VERMONT. 305

^ poration, by virtue thereof, any right to hold,
^ possess or enjoy any pro'^erty or estates, which

* has heretofore been granted, or intended to
' have been granted, or given in charge a^nd re-
' serve, for the use of a college or colleges, in

* this state ; or granted or intended to haVe

* been granted, and appropriated by this state,

* to the University in Vermont."

The day after the act was passed by the as-
sembly, a motion was made for leave to intro-
duce a bill entitled an act to prohibit the corpo-
ration of the University of Vermont, leasing any
more of the lands granted by the state, for the
use of a college. When the bill was introduced;^
the question was proposed, v/hether the bill
should be dismissed ; 108 voted in the affirma-
tive, 54 voted in the negative, and by this large
majority was the bill dismissed from any further
consideration of the assembly.*

1801. The events of the year 1801 opened
^ new scene for the maneuvres of political par-
ties. Mr. Adams had lost the election -for pre-
sident of the United States ; and after violent
contests and repeated trialls, Mr, Jefierson, tJft
March 4th, v/as placed in the president's chair^
by a majority of one vote. On assuming the
powers of government he made ah inaugural
speech, of a very conciliatory aspect ; disclaim-
ing the principles of political intolerance, urging
those of candor and magnanimity, and stating
that a difference of political opinions, was not a
difference of principles ; and that notwithstand-
ing tiiis apparent diversity in sentiments, with
Regard to the federal constitution and governmenf

* ?age 2 20. 245, 246,

VOL. II 02

306 NATURAL AND CIVIL

" We were all federalists, we were all republi-^'
cans." By such an unequivocal avowal of his
political opinions and intentions, it was hoped
by the wise and judicious of all parties, that the
time was come in which an end would be put
to the names, pretensions, and animosities of the
political factions ; and that all of them would
unite in the support of the federal government.-
So far as Vermont was concerned in such
debates, the aspect was favorable to such a con-
ciliatory event. The federal party had been
loud in their declarations, of the support and as-
sistance that ought; to be afforded to the federal
government ; they could not in consistency
with their avowed declarations and principles
oppose the federal government, because Mr,
Jefferson, by a majority of votes, had been pL^'ced
at the head of it. The republican party had
wished and endeavored to promote Mr. Jeffer-
son's election to the presidency ; and if either of
them now meant to preserve a consistency of
appearance, principle, or character, it should
seem that they must unite in supporting the
government,, to which they had avowed such an
attachment ; and at the head of which, Mr.
Jefferson was now constitutionally placed. In
this state of uncertahity and expectation, both
parties were watching what would be tiie meas-
ures of the new president ; but in a few weeks,r
all their doubts were removed. The attorney
of the United States, and the marshall of the
district of Vermont, who had been appointed
by the former presidents, were removed from
their ofiices ; and their places filled with gentle-
men who had advocated different political senti

, HISTORY OF VERMONT. 307

ments. Numerous changes of a similar nature
were made in the other states ; and it svas not
pretended that tiiere was any other reason for
these removals and appointments, but political
opcosition or attachmeat to the former or to the
pr.?3ent president. It was now believed that
the system begun in Mr. Adams's administra-
tion, \vouId be pursued by Mr. JefFtrson ; and
that ihe political sentiments of a president and
his party, would be made the essential and
necessary qualification for office. And what was
still more alarm ing, it was apprehended that this
measure unavoidably arose out of the system of
election ; that a president of ihe United States
always would be put into office, by the violent
exertions of some party ; that this party, by
whaiever name it might be called, must be re-
warded by the disposal of all the offices of honor
and profit ; and that a president would be al-
ways so dependent upon his creators, that it
would in fact depend upon them much more
than upon him, who should be turned out and
who should be put into the offices and emolu^
ments of the federal government.

Im this state of public expectation and anxie-
ty, the legislature met at Newbury, in October
1801. The governor seems to have been aware
of tlie difficulty and delicacy of managing the
public bnsiness at that period ; and very doubt-
ful what he had to expect from the tempers,
views, and parties, that might prevail in the as-
sembly. With regard to their state elections
and appointments of civil officers, he represented
their duty in this manner, " The appointment
' to civil offices is a necessary part of the busi^

306 NAl^RAL AND CIVIL

* ness, which the constitution assigns to the

* general assembly, at their annual sessionK Un-

* fortunately for our country, this has become ^
' matter of discord and party contention in some
" parts of the union. It cannot be necessary,
' and it cannot be expedient, to make that which

* the constitution contemplates as a very seri-

* ous and important duty, become a matter of

* party contention or private interest. By a-
*' voiding every thing which has the appearance

* of partiality, of intolerance and private interest,

* and by aiming to appoint tliose men who are

* the best fitted and qualified to discharge the
^. public ofiices and services, we preserve to our-
'selves the apjirobation of our own minds, and
' give to our fellow, citizens complete evidence,
- that the principles of republicanism are not the

* principles of conteiitio?!^ of mtole7'ance^ of indi-'

* vidual mterest., or of faction ; but those of

* candor, of public .utility, and of national pros-

* perity. ■'* With regard to the federal govern-
hient, the governor expressed his opinion in this
style, " Our duty to the federal government

* does not depend on names, persons, or politi-
i cal distinctions ; least of nil, does it depend on
f having the other states uniting with us in the
^■election of any particular person to be presi-
*. dent of the United States. Whoever holds
^ that important ofiice by constitutional appoint-

* ment and authority, is justly entitled to all the
' lespect and obedience which the constitution

* and the laws have attached to the ofiice ; and
■ that which in the federal system is to be re>.
*,vered and obeyed, is not any particular name

" ^ journal of the assembly of Vermont for i8oi, p. la

HISTORY OF VERMONT. 309

\Gr opinion, but national and constitutional au-
' thorify. 'fiiiere cannot therefore be a doubt,
' but that it is our duty to support the federal
' unioRv'to obey the. federal laws, and to do all

* in our power to support and preserve the con-

* stitution and government of the United
'States."^

In the house of representatives there was now
a majority of eighteen or twenty members, of
the party that was called republicans. The as-
sembly chose a committee of. three members,
to prepare and report a respectful address to his
excellency ; of this committee two were warm
republicans, and the other a reputed federalist.
Unhappily the drauglitsman was but poorly
qualified to write an address. His answer was
rude, rough, and offensive ; in some parts full
of awkward compliments^ in others abounding
with disgusting sneers ; and every where re-
plete with incorrectness, sarcasm, a blundering
ostentation of afiected republicanism, and un-
bounded joy that it had gained the ascendency,,
" Permit us, sir, in the sincerity of our hearts,^
' to congratulate you, with an almost unbounded
' fervor, on the spirit of true republicanism hav-
' ing so far regained its well merited ascendency,

* that you are not under the disagreeable neces-

* sity, as yoy was in 1798, of warning us against
' the dangers which might arise from a few ig-

* norant, designing and deluded men amongst
^ us. Permit us farther to congratulate your
*. excellQncy, 6n the election of president of the
' United States, who is not destitute of the sen-
' timents of " an independent American," aixq

« Page 14.

310 NATUllAL AND CIVIL

'^vho, you do not suspect, will be influenced In

* his administration, by a predilection for foreign

* principles, or for the government of any foreign

* nation. For sure we are, did not your opin-

* ion coincide with ours, on this happy occasion,

* the same parental care, which so much alarm-

* ed your fears, when the evil was only in pros-

* pect, must have induced you to have Wi.rned
.* us of our danger, with redoubled animation,

* when that evil had actually taken place."*
Some of the members moved to have some of
the most exceptionable expressions and passages,
cither expunged or altered. The attempt to
correct the language and sentiments, was viewed
as a struggle of the federalists to regain their
numbers and influence. Four times did the as-
sembly vote by )'eas and nays on this address ;
and after some alterations, by rejecting some of
the most obnoxious passages, it was carried by
a majority of 34 votes.f

From the violence with which the federalists-
had conducted in 1798 at Vergennes, it was
expected that the republicans would now pur-
sue the same measures, and avail themselves of
their majority to displace their opposers. They
saw and avoided the error, in their appointment
of civil officers. Three new judges were ap-
pointed for the supreme court ; but their ap-
pointment was not founded on their politi-cal
opinions, but on their supposed qualifications
for the office : And in their other appointments
they followed the customar}^ method of regard-
ing the nofuiftations of the particular counties,

* Piije 96, 97.

+ Page loi. ioj. Iio,

HISTOKY OF VERMONT. 3il

ivithoiit more exceptions than had been usual.
The fcu«tomary business of the state was attend-
ed to with diligence and calmness ; and was
transacted without the appearance of partiaUty,
discord, violent animosity, or the intrigues and
injustice of faction.

The federalists at Vergennes in 1798, had
introduced the custom of addressing the presi-
dent of the United States, If this was but a
decent piece of respect to Mr^ Adams, it was
fit and proper that the same kind of respect
should be shown to Mr. Jefferson ; and the re-
publicans concluded that at his f^st introduction
into office, they could do no less than to imitate
the former example and practice, by now mak-
ing a respectful address to the president of their
particular choice and esteem. A committee was
appointed, and leported an address to Mr. Jef-
ferson. The address express(id a strong attach-
ment to the constitution, to the presidency, and
to Mr. Jefferson's person, political opinions, and
administration. It announced their full appro-
bation of the political sentiments, which the pre-
sident had expressed in his inaugural speech ;
contained a brief description of the objects which
they hoped the federal government would pur-
sue ; and expressed a wish that " no one des-
cription of citizens might be ever favored at
the expence of any other."* The composition
eculd scarcely be ,said to rise to elegance, but it
was moderate for the time and occasion, and did
not contain any reflection on the former admin-
istration ; and was rather a description of prin-
ciples really republican, than the violent produc-
tion of any scheme of party politics.

• Page lOa.

SI2 NATURAL AND CIVlLi

When the house came to debate on the ad-
dress the different feelings and sentiments of the
parties were put in motion. The federalists
proposed an alteration of some particular para-
graphs and expressions, which they supposed
wereueither proper nor true. This was under-
stood to be a design to prevent any address be-
ing made. The debate about words and phra-
ses became angry, was mixed with jealousy,
and produced much imprudence and ill nature.
Three days did the assembly attend upon this
business of an address and ten times were their
votes taken by yeas and nays. The feeling^
and zeal of parties were graduall}^ increased and
exasperated, till at last they rose to a fervor and
frenzy that scarcely. left room for consideration,
calmness, or discernment. A large party would
not hear any reasons for amendments, but imme-
diately decided all such proposals by votes ;
and such was the effect of zeal, heat, opposition,'
and repeated votings, that when a federal mem-
ber moved " to strike out the Vv^ord unanimous,"
78 voted against it, thus virtual!}^ declaring that
they were perfectly unanimous : and 60 voted
for it, asserting that they were not perfectly u-
nanimous.* At the end of tvvo days, a leading
republican member foresaw the remarks and ri-
dicule that would attend the folly of voting
that they were unanimous, when every *one of
their votes expressed the most violent opposition?'
and contentions ; and moved the house to re-
consider their decision on that question ; 11?
now voted to reconsider the decision, and

* p. soo.

HISTORY OF VERMONT. SIS

kot say 'that tliey were unanimous ; 29 voted
iagainst a reconsideration, that was to alter the
jjhrase, but t6, let the language and vote remain
that they Were unanimous. f Tired at length with
their own ihconsistencies and debates, uncertain
what they itleant, and fearful of the displeasure
of their constituents, after having made some
squall corrections, they adopted the address, yeas
86, hays '5^.;f

" T«E prdceedings of the house on this address
are a meifiotable proof and instance hoW easily
stnall objects may agitate the passions of a pop-
ular assembly ; how nearly such' collections
may approximate to a mob ; how unable they are
to command their reason when inflamed by fa-
'V'Orite' pursuits, mutual jealousies,' opposition,
and intrigue ; and how incapable they are, amidst /
all their other feelings, to feel the passion 'ot
shanie. Having finished their address, and corn-
pleated the business of the session, the assembly
rose on Novettiber the 6th ; riot perfectly satis-
tied ^'ith their own proceedings, or certain of
the appfobatioil of their constituents ; a lat*ge
inajority of the people being, dn the side of gov-
ernment, order, and moderation,- and averse "to
the arts, intrigues, and factions of the political
partisans. Two copies of their address wei'e or-
dered to be transmitted to the President, one
by the mail, the otlier by the honorable Israel
Smith, one of the representatives in Congrei^
from Vermont. Mr. Jeft'erson- returned an an^
swer to the address, but 1 d6 not find any account
of it on their journals.

+ p. 212.
+ p. 2l8.

VOL, II P 2

514 NAfUftAL ANI> CIVIL

1802. In the fall of the year 1802 the legis-"
lature met at Burlington. As no political dis-
putes were now running high, it was hoped that
nothing would occur to disturb the minds of the
jnembers, or to prevent an uninterrupted harmo-
ny in the proceedings of the assembly ; the ma-
jority of which, it was known, was of the party
that were called republicans. The custom of
making a speech to the assembly had been prac-
tised so many years, that it was expected that
the business of the session would be opened m
this manner. Mr. Tichenor still carried the e-
Icction by a respectable majority. In his speech
to the assembly he mentioned the danger and
effects of party zeal : " One of the greatest mis-

* fortunes that attends republican government,

* is the progress and violence of party spirit*

* We need not recur to ancient history for

* proof. Our beloved Washington, with all

* his moderation, wisdom and virtues, was not

* able to repress this destructive spirit ; we

* know that an ardent love for his country, and

* a life devoted to its service with the most up-

* right intentions, did not shield him and his

* measures, from its malignant effects. It ex-
' isted in his day, and has progressed with time,

* and increased with violence until now."*

The house chose a committee to report an
answer to the speech, the first member of which
was the same person who draughted the answer
the year before. The answer meant to compli-
ment the governor on his " just and generous
feelings," and '* beautiful language of elegant
simplicity." It was intended as a public decla-

* journal of the asstmbly for 1802, p, 16.

HISTORY Ol? VERiMONT. 315

ration of their opinions and sentiments respect-
ing the characters of all the presidents, Wash-
ington, Adams, and Jefferson. It deplored the
increasing rage of party spirit, announced their
tvish to strengthen the union and augment the
dignity of the United States, and expressed their
hopes that all their public acts would conduce
to the best interests of the state. The address
was written in a peculiarity of language ; and
contained expressions and phrases, from which
it could not be clearly determined what was
meant, and what was not meant by the writer.
Some of the paragraphs were in this style : '' We

* with you, sir, most sincerely lament the pro-r

* gress of party spirit. True it is, and with sor-

* row do we acknowledge that the moderate, the

* wise, the prudent Washington, with all his

* great and good qualities, did not escape from

* the tongue of slander. Endeavors also have

* been made, at no very distant period, to en-

* velope in a cloud of black detraction, those
*. .patriotic exertions of an Adams, so highly
*^ conspicuous, and eminently serviceable, at an

* early period of our revolution, in an hour of

* extreme weakness, before even we had arrived

< at the years of political manhood. But the

* animadversions on the. administration of our

* present chief magistrate, our mild, our serene,

* our benevolent Jetferson, have been clothed

* in language, charged with peculiar and unpre^

* cedented venom. The purity of his motives,

* the applause he receives from the great majori-

< ty of his fellow citizens, must however, svveet-

* en his injured feelings, and create in his heart

* a generous and benevolent compassion for his
*■ revilers,"^ • Page 114, uj.

316 NATURAL AND CIVIL

When the answer was reported to the house,
the sentiments of the members appeared to be
very different. Proposals were made to have
almost the whole of it expunged or altered, bitt
the votes on such motions were carried by a
small majority against any alterations ; and
when the vote was taken in favor of adopting
the address, the yeas were 93, and the nays 85.*
On this occasion several of the dissatisfied mem-
bers determined not to be responsible for a pro-
duction, which they viewed as dishonorable and
disgraceful to the house. Fifty nine members
drew up their protest, and presented it to be en-
tered on the journal of the assembly : It is in-
serted, as serving to exhibit clear views of the
abilities, feelings, and policy of the different
parties at that period. " We the undersigned,

* members of the house of representatives of the
' freemen of the state of Vermont^ having voted

* in the negative upon the question of the answer

* to his excellency the governor's address to the

* council and this house, do, in pursuance of

* our constitutional right, insert the following

* reasons for our votes, upon the minutes of the
f journalii.

* First, Because in the fourth and fifth para-

* graphs of the answer, the majority have ex-
^ pressed sentiments upon characters and sub-
' jects, to whicli the address of his excellency

* had no relation, and savors. stro7igly of that
f paity spirit, which it was the design of his ex-

- - cellency's address, to discourage and allay ;
f and which, it has been the united endeavor of
f the undersigned, through the progress of the
I debate, to moderate and assuage,

^ Page 117.

HJCTQRY OF VERMONT. S17

<

Secondly, Because the fifth paragraph,
f under the mask of flattery, contains an insidi-
* oub attack upon the official conduct of John
*^ Adams, late president of the United States,
f whose administration of the general govern-
ment we highly approbate, and whose retire-
ment into private life, if it cannot restrain the
malignity of individuals, ought at least to have
secured him from legislative censure.

* Thirdly, Because, in the sixth paragraph,
fulsome adulation is bestowed upon Thomasf
Jefferson, president of the United States, highly
unbecoming a dignified assembly, of the rep-
resentatives of a free people to offer, or the
chief magistrate of a great nation to receive,
without sensations of disgust. And because
the answer to the address, in the same para-
graph, asserts, that ^' the purity of the mo-
tives, and the applause which the president of
the United States receives, from th^ great ma-
jority of his fellow citizens, must sweeten his
injured feelings, and create in his heart a gen-
erous compassion for his revilers ;" when we
cannot know the purity of his motives, or that
he now receives the applause of the great ma-
jority of his fellow citizens, or what effect
such applause might have to sweeten h*is in-
jured feelings : Nor has his public conduct
afforded any evidence of such compassion for
his revilers. And because it is highly improp-
er to offer this consolation to the president of
the union, in a reply to the governor's address,
which does not point to the subject.

* Fourth, Because the language of the an-
swer is puerile, feeble, and totally inconsisten.t,

S18 NATURAL AND CIVIL

' with that di.^nity of style becoming a Icgisla^
•* tive assembly.

* Fifth. Because the answer compliments

* his excellency upon his style, when it should

* have approbated his official conduct, and adopts
expressions, which might have been pardon-
able, but ought to have been corrected, in a
youth in the first classes of education.

* Sixth. Because the expressions o^ beaiiti-
Jul language^ elegant simplicity^^ black detrac-
tion^ Qontumelious slander, our mild, our serene,
our benevolent, and page of argumtnit, are as
strong instances of a violation of rhetorical
propriety, as the sentiments of the answer are
an infringement of legislative decorum. And
lest the impropriety of the sentiments, the im-
becility and boldness of the language, and the
grammatical inaccuracies of this reply to his
excellency's speech, should be imputed to us
individually, and the party zeal, which it tends
manifestly to excite among our fellow citizens,
be charged upon us, by our constituents, we
do exercise our right, in thus publicly protest*-
ing against the same. And though we are un-
happily in a minority, we console ourselves in
the rtfiection, that we have in vain proposed
conciliatory amendments, combatted the zeal
of party with moderation, and the perverse-
ness of power with that charity which suffereth
lons2: and is kind. And we doubt not that we
shall meet the applause of our constituents, and
the approbation of men of discernment, science,
virtue, and literary taste. "^

The acrimony and recrimination that had at-

* Page 28^ 285, 286, 287.

HIStORY OF VERMONt. 31^

tenaed this contest seems to have convinced all
parties that they had not arrived to infallihihty
in their plans, or to great eminence in the busi-
ness of making addresses ; and that instead of
being rewarded with eclat and applause, they*
were much more likely to meet with derision
and ridicule frbm their constituents. To avoid
^uch scenes, one of the members gravely intro-
duced a motion that the house should earnestly
recommend in future that the governor should
not make a formal speech ; and assigned as the
reason that a formal speech from the governor,-
and a formal address in answer^ usually engross-
ed a very considerable time in lengthy, warm,
and fruitless debates, and delayed the more im-
portant business of legislation.* Unwilling to
give up the business, from which several of the
members had acquired their importance, and de-
rived their honor and offices, the vote of the ma-
jority decided against the motion.

Happily for the assembly no other political
questions came forward at this session, that would
naturally divide and inflame the members ; and!
having struggled with great ardor, but without
much success or honor, about their address^
both parties wisely quitted the business, and
applied to the common and necessary concerns
of the state. Their elections were chiefly in fa-
vor of what were esteemed republican characters.
Some of the former civil officers were removed
on account of their political opinions, or rather
to make room for the appointment of some
favorite republicans. But although it was meant
to favor that party in the appointments to civil'

* Page 130, 131,

ho NATURAL ANl^'GiVIL

offices, it did hot iaj^ear that a gfeneral plan df
ihtolerance and dismission from office on account
of political opinions, was either intended or pur-
sued by this assembly : Nor indeed was the
ihajority of tile republican party sufficient to •
hazard such a step, whatever might be their
wishes ; their majority in this a?.sembly being
evidently less, than what it W'as at Newbury, the
year before. In the business of making addres-
ses, it plainly appeared that the assembly could
not proceed without being thrown into party,
faction, and ill nature ; but in managing the
common and ordinary business of the state, that
for .which the assembly was annually elected and
convened, the political partisans were not much
engaged, and of vefy little use. The more hon-
est, judicious, and useful members, took up .
this business ; and managed it with impartiality,
propriety, moderation and wisdom ; and it w^s
from them chiefly for several years, that the state
had eiijoyed the substantial benefits of society
and civil government.

1803. Th£ next meeting of the assembly
Was at t'N^estminster, in 1803, At that time
ever}'- part of the United states was greatly agi-
tated by political debates, hopes, and fears.- A
majority of the people Avere evidently in favor of
Mr. Jefferson'5 administration ; and that majori-
ty, it was known, was increasing. At the same
time the reputed federalists were a very power-
ful body cm account cF their abilities, numbers,
and wealth ; an* I had most of the ccmmeree and
monies of the country at their command. Both
parties jealous and fearful of each other, were
carefullv watchii \a: the course of events : and

HISTORY OF VERMONT. 521

ready to embrace any opportunity that might
present, to favor their own cause. The affairs
of war and peace in Europe, were perpetually
changing ; and the measures that France or
Great Briti-.in might pursue, might essentially
affect the interests, and probably the councils
and measures of the United States : And amidst
the variations of European politics, events or
designs might appear, that would soon throw
the balance of popularity and power into the
hands of either of the contending parties.

Another consideration of more immediate
weio^ht and consequence was the election of a .
president and vice president of the United States*
The choice of the electors for that purpose
would come on in the course of another year ;
and. although it was certain tliat a majority of
the people were in favor of Mr. Jefferson, it was
not certain that this would secure his election.
By the federal constitution, the votes for presi-
dent and vice president were not to be designa-
ted by the names of the persons that were in-
tended for the one, or for the other of those
olHces. The votes were to be taken without
any such designation, and that name which had
the largest number of votes, was declared to de-
note the president ; and that, to which the next
greatest number of votes was assigned, signified
v/ho was to be vice president. It might there-
fore happen, that the person whom the electors
meant to choose for vice president would have
the greatest number of votes, and thus be cho-
sen pre':::dent, v/hen the electors meant the re-
verse. I*: was apprehended that this would in
fact be the case at the next election : That all
VOL. ir Q 2

522 NATURAL AND CIVIL

the federal electors would vote against Mr. Jef-
ferson, and that both the federal and republican
electors would vote for Mr. Burr, the vice pre-
sident ; and thus a considerable majority of
votes would be found for Mr. Burr, and place
him, contrary to the design of the republican
electors, in the president's chair.

There did not appear to be but two ways to
prevent this. The one was, to render Mr. Burr
so unpopular, as to prevent his carrying an elec-
tion for either office ; the other was so to alter
the constitution, as that the votes of the electors
should designate the name of the person whom
they meant to vote for as president, and as vice
president. The leading politicians on the re-
publican side, concluded it would be best to
^vail themselves of both methods ; and they
soon began to suggest that Mr. Burr's conduct
was marked with duplicity, ambition, and dan-
gerous designs. The surer method, however,
would be to effect an alteration in the federal
constitution ; and this they believed they could
bring about by engaging the Congress to adopt
the measure, and recommend it to the legisla-
tures of the several states. Mr. Jefferson had
called upon Congress to assemble at an earlier
period than was usual, to decide on the purchase
of Louisiana ; and it was understood by the
leading politicians, that as soon as this business
was complcated, the measure of altering the
constitution would be taken up ; that there
might be time for the republican states to com-
plete the plan, before the election of president-
and vice president should come on.

In this state of political intrigue and anxiet}v

HISTORY OF VERMONT. 32S

the legislature of Vermont came together, in the
beginning of October. The governor opened
the business of the session as usual, with a
speech ; carefully avoiding political questions,
recommending the customs and practices of
their ancestors, and calling their attention to the
state of their own laws, treasury, militia, and
other concerns of Vermont.* The assembly
chose a committee of three, two of whom were
reputed federalists, to report an answer to the
speech. The answer was short, confined to
state matters, and announced that they would
attend to the interests of their constituents, and
endeavor to discharge their own duty with can-
dor and fidelity. It was unanimously adopted,
and without any debate ; and the same mem-
bers that had prepared, wevG appointed to pre-
sent it to his excellency. As the address on
this occasion served to prevent the debates, con-
tentions, and delays of business, to which former
assemblies had been exposed, it may be of use
to note a production, that seems to have pre-
vented the like difficulties now. The whole of
it is contained in the following quotation :
'* Sir, The General Assembly received with

* great satisfaction your excellency's communi-

* cation.

* Your recurrence to the infant state of our

* republic, to the wisdom, the virtue and firm^

* nes5 of our ancestors, excites in our bosoms

* the liveliest emotions of gratitude for the rank
^ we hold among our sister states, and the prir

* vileges we enjoy as an independent people.

* We enter on the business of the present

* I'oiinjal pf the assembly for J803, p. i^.

j524 HATURAL AND CIVIL

* session with anxious solicitude, to discharge

* the several duties assigned to us, with candor^

* ability, and promptness ; and that our suffrages

* will elevate to office some of our wisest and

* best citizens, and our deliberation result in

* such measures as will promote the cause of

* piety and virtue among the people, and secure

* the g-reat objects of justice.

' We shall bestow that early consideration on

* the several subjects pointed out in your ex-

* ceilency's address, which they respectively
*• ;merit, and shall cheerfully co-operate with yorr

* excellency, in.tver}^ measure which may tend

* to promote the honor and interest of this state :
' Particularly that part of it v.-hich relates to our

* fellow citizens the militia ; whose interests, in
' common with our own, we unite with you in

* believing, have strong clairps en legislative
' aid."^^

Nothing appeared to discover ^e designs
imd feelings o-f parties till the appointment of
civil oiTicers eao«e on. When such appoint-
ments are made by popular assemblies, they
must always ■ admit of much room for intrigue,
self interests, and private views. In addition to
the usual motives of this kind, the republicans
now meant to strenp^then their own party as
much as possible. They had a majority of
yotes, but their majority was not large ; they
meant however to employ it to weaken and dis-
courage their opposers. The former speaker
was not reielected. One of the judges of the
supreme court was displaced ; two new judges
were appointed in the county of Windham ;

•Page 56, 37.

HISTORY OF VERiMONT. 325

two new judges were appointed in the county
of Windsor ; the sheriff of Chittenden comity
was displaced, iind several other alterations of
a similar niilurc were made : i\nd all the vacan-
cies were filled up, witli what were esteemed
high republican characters. In the nature and
extent of the destruction, and in the appearance
and effects of party zeal, this assembly manifest-
ly exceeded the federal zeal and folly at Ver-
gennes in 1798, And it plainly appeared that
the republican party was governed, by the same
vievvs and motives ; to intimidate and silence
their opposers, and to encourage and increase
the number of their adherents, s:itelliles, and
supporters.

The customary and annual business of the
state did not admit, of much party consideration,
and was carried on in the usual and customary
form. With regard to the intended alteration
of the federal constitution, it was thought best
to ascertain what the strength of the parties
would be on such a proposal. It was probably
with this view that the following resolution was
brought forv/ard b}^ one of the republican mem-
bers : " Whereas dissentions of the most seri-
' ous nature have already arisen, and incalculable

* evils may further arise, from the mode pointed

* out in the second article of the constitution of
' the United States, for choosing of president

* and vice president of the United States. Thcre-

* fore, Resolved^ as the sense of this legislature,
'■ that it is highly important tliat an alteration

* should take place in the above article of the

* constitution of the United States, by which the

* future electors of president and vice president

326 NATURAL AND CIVIL

f of the United States shall be directed to de-
' si.^ate the persons voted for, by declaring
' which is voted for as president, and which as

* vice president. And in pursuance of an un-

* doubted right, inherent in this legislature, be

* it further Resolved^ That the senators of this

* state, in the United States, are hereby instruct-

* cd, and the representatives of the people of

* this state, in the Congress of the United States

* are hereby earnestly requested to use their best

* exertions in obtaining the above alterations in

* the constitution of the United States, or some

* other amendment which will be substantially

* equivalent."* The resolution passed without
any difficulty,! and was adopted by the council. J
But although the resolution was passed by a
great majority, still it did not amount to what
the leaders desired and expected. It was not
probable that such a resolution coming from a
single state, vv^ould have any considerable effect :
To give it weight, energy, and extent, it was
every way more eligible that it' should come re-
commended by the Congress of the United
States.

As the time passed away, the leading mem-
bers of the assembly became extremely impa-
tient to hear from Congress. Every moment
were they looking for a messenger, to bring on
the proposed alterations in the constitution.
Thev did not come. What should be done '?
To lengthen out their session to an unusual pe-
riod, would render them unpopular among their
constituents. To finish the session without
adopting the alteration that was to be made, was

* Page 66. \ p. 89. 1 p. 105.

HISTORY Ot" VERMONT, 327

Jjrobably to loose the chance of doing the busi-
ness soon enough to have the concurrence of
the state of Vermont. In this anxiety, one of
tlie members informed the house that he had a
copy of the message of the president of the Uni-
ted States, at the opening of the extra session.*
The house ordered that it should be read. It
related to the difficulties occasioned by suspend-
ing the right of deposit at the port of New Or-
leans, and the measures that had been pursued
for the acquisition of Louisiana ; stating to Con-
gress the measures that were necessary for the
immediate occupation, and temporary govern-
ment of that valuable tract of country ; the
measures that had been taken with some of the
Indian tribes, with respect to the Tripolitaii
cruisers, the boundaries of the United States,
their annual revenue and expenditures, and oth-
er important national concerns. It was inserted
in the journals of the assembly.

In the afternoon of the same day, a zealous
republican member made the following motion ;
^' Resolved^ That from recent information/ ad-
' dcd to many circumstances hitherto unknown,
' this house ought to address the president of

* the United States, congratulating him on the

* prese5)t happy situation of the union, as it res-
'■ pects foreign nations^ and their own domestic
^ felicity. That this house at the same time,
' express their approbation of the general con-
^ duct he has pursued in his present dignified
^ station."! The motion was read, and ordered
to lie on the talDle. Several of the members
viewed it as altogether improper for the legis-

* Page 121. f p. 131.

328 NxVrURAL AND CIVIL

latiire to make an address to ihe president on
that occasion ; and that it could not be constru-
ed in any other lisi^ht, than The answer of the
assembly of Vermont to the president'' s message to
the two houses of Compress ; and hoped that so
ludicrous a motion would not be any further
urged, as no conininnication had been made to
them by the president. The intrepid mover
did not mean however to loose the opportunity
and enjoyment of displaying his talents and pat-
riotism in writinu: another address. At the end
of fourteen days the motion was called up, and
tlie question proposed whether it should become
a resolution of the house. The yeas and nays
being demanded it passed in the affirmative,
yeas 98, nays 62.* In two days the address
was produced. J It contained scarcely a senti-
ment or idea, that was not borroAved from the
president's message to Congress ; and these
were disfigured and deformed by a preposterous
attempt to turn every paragraph into adukuion.
The assembly scarcely knew what to make of
it. Nobody commended it, and nobody oppos-
ed it ; it neither occasioned oppositioii, applause,
or even remark ; but passed into a resolve with
that inattention, that generally denotes insignifi-
cance and u'ant of importance in the subject.

It was at this session that tlie subject of
banks first canie before the legislature of Ver-
mont. These establishments had taken place in
all the adjacent states, and in almost every state
in the union, and were become very numerous ;
most of the monies in circulation, were already
of this description. \Viiatever inconveniencies

* Page 243. + p. 264,

HISTORY OF VERMONT. S29

attended the institution or niiiritbf "oif iBanl^sr;
Vermont felt her full share of them ; whatever
advantages arose frorii these establishments,
Vermont shared no part of the profit or con-
venience. The towns of Windsor and Burling-
ton now came forward, with petitions, to be al-
lowed to establish banks in those towns, upon
the same foundations and principles, as those,
on which banks had been granted in other states.
The assembly was not enough acquainted with
the nature, principles, or opierations of sucH
inonied establishments, as to venture to make
iip their judgment ; and the council was less
acquainted with the subject than the house, and
was decidedly against any establishments of the
kind. The subject was repeatedly considered^
and after many proposals and resolutions was
referred to the next session of the legislature.

It had not been customary for the assembly
to have their session longer than four weeks,
seldom so rnuch as five. The customary period
was arrived, and no messages from Congress had
announced the proposed alteration in the federal
constitution. The policy of tht leaders was not
to lose their popularity with the people by
continuing the session to a longer period of un>
certain date, and not to lose the chance of lend-
ing their aid to alter the constitution soon
enough to secure the president's election. Iii
this dilemma a motion was made, November
l2th, " That the sense of the house be taken,
whether an adjourned session of the legislature
of the state is necessary, in the present state of
public affairs, and under existing circumstances."
The yeas and nays were called for ; and the

voi* U R 2

3Z0 NATURAL AND CIVlSl

question was decided itr the affirmativCy yeasr
76, nays 53 ; and it was resolved that an ad-
journed session be held at Windsor, on the last
Thursday in January.*

1804* At the proposed time the assembly
met at Windsor. The speaker presented to
them the return which the president had made^
te their address of the preceding November ;
and they ordered it to be entered upon their
journals. But all the abilities and penetration
of Mr. Jefferson could not find any thing in their
address, which could be answered. With much
Wisdom and propriety he adverted to the gener-
al measures of the federal government, and th6
prosperous state of the country ; thanked them"
for their affectionate expressions of concern for
his present and future happiness, and prayed
heaven to have them aind the country in its holy
keeping.!

The grand desideratum, the expected mes^-
sage from Congress was now come ; and on the
first day of the session, tlie governor laid before
them a copy of the amendment which had been
proposed by congress to the constitution of thdf
United States, respecting the election of presi-
dent and vice president. The substance of it
was that the electors should name in their bal-
lots the person whom they voted foi* as presi-
dent, and as vice president. The federal senate
and house of representatives had adopted, and
recommended this alteration ; and if it should
be ratified by three fourths of the legislatures of
the several states, it would become to all intents

• Page 271, 272.

f Jouinal ef the adj^rned session, p. ;<!

HISTORY OF VERMONT. 331

and purposes a part of the federal constitution.
After some formalities about the proper mode
of proceeding, and some debates upon the sub-
ject, it was resolved to adopt the proposed al-
teration, yeas 93, nays 64 j and U was soon
passed into an act of the state, with all the re-
gular forms and signatures.* The expence of
the adjourned session was 4,964 dollars and 88
cents ;t aod having decided upon an alteration
of the constitution, and attended to some state
business, the assembly adjourned after a session
of twelve days,

No political measure had ever been attended
with greater contention and debate, or pursued
with a more determinate resolution than this.
On the one hand it was contended, that the
measure was fit and necessary to be taken ; that
the constitution of the United States, contrary
to the intention of the framers of it, and to the
expectations and wishes of the people, did in
fact admit of the case that a person might be
pluced in the president's chair, whom the electors
did not mean to appoint ; that an instance had
occurred already, in which this difficulty had
nearly occasioned a dissolution of the federal
government and union ; that it might, and
probably would happen again, and that ihe con-
sequences might be fatal to the whole federal
system ; that most of the states had in fact
wished for such an alteration, and that several
of them had actually proposed and urged it ;
and that Vermont in particular, in the year IV 99,
had adopted and proposed this alteration and

f Journal for 1 8041 p; 2 ;;4

^^2 il^ATURAL AND CjyiLj

reQomiftended it to jthe ^ccepta^c^ of the other

iitates in the umOn. ,itl' itn >

On the other ha^d it >vas said, that the pro-
posed alteration was avowedly for the purpose
of; securing a doubtful ^iid coutested election £
that it: had no, other object than to place Mr.
Jefferson in the president's chair, which the par-
ty idlspaired of effecting in any other way than a
cj^ange in the federal constitution, made for that
particular purpose and . occasion ; and in this
way to give success and triumph to a party, who
could not obtain the victory otherwise than by
making a new constitution to effect their pur-
poses': 'That the constitution was meant in fact
tO(elev«ate' that person to the highest honors, who
should hQ .^distinguished by the largest number
©f votes, that all the principles of republicanism
required that it should be so, and were in direct
opposition to the proposed' alteration : That if
any alterations in the fedtjral constitution should
be thought uecessary, they never ought to be
niLLde to f.ivor ihe views^ designs, or promotion
of any man whatever : That the present was
tlie most unfit of any time that could be chosen
10 pursue such a measure, as the design of it
jwaa known to all mankind to be no other, than
to secure tlie election of a particular person, and
the power of a particular party : That the con-
stitution had been already violated and deranged
by the votes and vioience ol a prevailing faction,
and if it was now to be changed and twisted to
secure their power and preponderance, it could
not be of any avail, or afford any security ; the
same measures would be pursued, whenever the
wishes and interests of a prevailing faction.

HISTORY OF VERMONT, 333

should find it expedient or convenient ; and that
thp American republic, already involved in the
violence and war of party and faction, and dis-
regarding her constitution the most sacred of
all her political attainments, would end like all
the ancient republics in division and anarchy,
and of course in the introduction of monarehy,
despotism, and tyranny.

Different] udgments will probably be form-
ed, of the weight and importance that ought to
be assigned, to these different topics and meth-
ods of reasoning. It will be impossible for the
historian to ascertain in which party, the influ-
ence of virtue and moral principle had the as-
cendency ; for they had both of them totally
changed their principles and votes, in the course
of four years. When the same question was
agitated at Windsor, in the year 1799, all the
federalists were in favor of making such an aU
teration in the constitution, and all the republi-
cans voted against it. In the year 1803, all was
the reverse ; the republicans were united ia
urging and voting for the alteration, and all the
federalists were united in opposing it.

With regard to the alteration itself, it seems
safe to assert that when a measure is fit and
proper to be done, it must be done at a time,
when the minds of the people are prepared to
receive and adopt it ; and that there cannot be
any certain remedy in a free government, against
the effects of popular fury and faction. The
physical strength, in all governments, is in the
people ; and when they become united and in-
flamed either by oppression, faction, or folly,
there can be nothing in a free government that

*834 NATURAL AND CIVIL

js able to resist their violence, or prevent their
pulling down the governments which they have
set up. It is by moral principles, and those of
social utility^ by reason, wisdom, virtue, and
their own interest, that such governments can
alone be preserved. When any party becomes
sufficiendy powerful, popular, and disposed, to
set aside moral and social considerations, all
that b'^ongs to a free government is actually
lost ; and it is vain to expect that any thing
which is written on a piece of paper, can in such
cases prevent the dreadful catastrophe. Nor
can monarchy, or any otlier form of government,
secure iiseif against such an event.

The annual session of tlie legislature in Oc-
tober 1804, was at Rutland. The course of
political proceedings had now taken a regular
form and aspect ; and it was known that the
federalists had nothing to expect from the offices
and emoluments of government. Among the
subjects proposed by the governor for the con-
sideration of the assembly, one related to the
situation of the northern line of the state. It
was not known by whom this line was run, at
what time,' or with what accuracy ; but it was
universally believed that it was run in a direc-
tion deviating from the parallel of latitude, and
much to the injury of Vermont. The inhabit-
ants near the reputed northern boundary were
persuaded that the direction of the line was to-
wards the southeast, that the state was on that
account deprived of a large tract of valuable
land which belonged to it ; and as the adjacent
townships were rapidly settling, that they should
eventually be involved m cxpence and trouble*

HISTORY OF VERMONT. 2S5

some contests about the matter. The house
appointed a committee upon this business, and
their report was that the goveriaor should be de-
sired to write to the president of the United
States on the subject.

Political interests made a deeper impres-
sion on the minds of this assembly than the situ-
ation of their own boundaries^ The state of
Massachusetts had proposed an alteration in the
federal constitution, so as to have the represen-
tatives apportioned amon^^ the states, according
to the number of their free inhabitants, to the
exclusion of any representatives elected on ac-
count of tlic number of* slaves in any state. This
amendment would increase the influence of those
states in Which there were but few slaves, and
diminish the number of representatives in those
states in which the number was aTread5'' great,;
and constantly increasing ; and it was hoped
that an attempt to augment the importance and
Influence of freedom, and to discourage and dis-
arm slavery of all political importance, would
accord with the feelings, and engage the votes
of a popular assembly, who were always speak-
ing in the high tone of freedom, and tlie rights
©f man. All parties however perfectly well un-
derstood the business. The federalists sup-
posed the amendment would give strength to'
(htiv claims and principles ; and the republicans
saw as clearly that the foundations of their pow-
er and influence were laid in Mr. JeflEerson's ad-
ministration, and their adherence to the princi-
ples of ^e southern states. The debates on tht
question were warm, and animated ; and it wasJ^^
more popular to descant in' favor of freedom.

NATURAL AND CiVlfj

than on the influence and elections that were,
derived from the number of slaves in some of
the states : but when the debates were finished,
the majority of votes was for rejecting the Mas-
sachusetts proposals, yeas 106, nays 76.* Had
three fourths of the state legislatures adopted
the Massachusetts aimendment, there cannot be
much doubt, but that it would have endangered
the federal union ; and many, who were from
principle for preserving the federal compact inT
Its original state, were not sorry that it was not
agreed to by the state of Vermont.

The common and usual business of the an-
nual session, was transacted with propriety and
expedition. Many useful bills of a private na-
ture were passed ; and the concerns of towns
and individuals were attended to with impar-
tiality and justice. The zealous political parti-
sans were neither well qualified, or very desir-
ous to be much engag<^d in such kinds of ne-
cessary or useful services. When this sort of
business was to be done, the politicians were
<juiet ; and all was calmness, diligence, and at-
tention in the assembly. But as soon as the
views and feelings of parties were involved in a
political pursuit or measure, all was contestj
partiality, and duplicity.

Towards the close of the session an impor-
tant and serious inquiry was proposed, Whether
the judges of the supreme court had not in cer-
tain cases taken fees Xvhfch were not allowed by
law ? A committee of three members were ap-
pointed to state facts, and make report. Of
this committee it was understood that one

♦ Psgc 161.

HtstORY OF VEltMONT. i337

member was a republican, and that the other
two were federalists. In a few days, on motion
of the republican member, it was ordered that
two new members should be added to the com-
mittee ; and that they should join such a com-
mittee, as the council might also appoint. The
two new members were taken from the repub-
lican party, and of course the majority of the
committee were now republicans. The council
refused to join in the inquiry, alledging that if
there should be any impeachments, they were
the body before whom the trial must be had.
After' several meetings the committee made a
report, which was read, and by order of the
house the resolution was recommitted. On the
last day of the session the committee made the
same report as before^ It stated many cases
and facts in which the fees had been taken,
which were complained of as being new, illegal
and oppressive ; contrary to the practice of all
former judges of the suprem.e court, iind to what
was then the practice in th« county courts ; but
considered the conduct of the judges in requir-
ing such fees, as not illegal. " Your commit-

* tee further report, that in their opinion, the

* said fees were taken in conformity with a fair

* construction of the fee bill." The report be-
ing read, it was accepted so far as related to the
fiicts stated therein, but not as to the opinion
given of the legality of the proceeding.* The
same da}* the house adjourned, and left the mat-
ter in this state of indecision, for the people to
wonder, doubt, or believe, as best suited their
own particular wishes or system of politics* To

• Journal for 1804, p. 155. 861. 273. 321, 369, 3»o.

YOL, II S :^

338 NATURAL AND CIVIL

give, and to leave such a dubious and unfinished
aspect, to a matter of' so serious a nature, can-
not be represented as a method of proceeding
either just with respect to the jud.ajes, safe with
regard to the people, or as honorable with res-
pect to themselves.

1805. The next year the legislature met at
iDanville in the county of Caledonia. The gov-
ernor in his speech informed the assembly that
the business which would principally engage
their attention related to the internal afLirs of
the state ; the election of civil officers ; neces-
sary alterations of laws and ordinances ; the en-
couragement of schools, and other seminaries of
learning ; the improvement of the militia, and
whatever could promote the interests of agricul-
ture, manufiictures, public and private tranquili-
ty and happiness. It had been the custom at
the two last sessions to return a decent and res-
pectful answer to the governor's communication.
The same method was pursued now, and no
subjects of controversy were brought forward.

Before the election of judges could be made,
it was necessary to come to some decision on
the complaints which had been suggested res-
pecting their taking illegal fees. On the fc-urth
day of their session it was *' Resolved, That for

* the purpose of more fully investigating the

* subject of fees taken by the supreme court,
' that the committee to whom that part of the

* unfinished business of the last session is now

* referred, be, and they are hereby empowered

* to send for persons, papers, and records, and

* to use proper means to enable theni to report

* all the facts, that this house may form a proper

HISTORY OF VERMONT. 339

* decision on a subject so important to the hon.

* or and dignity of this state, and the individuals

* implicated therein."* The committee made
report that they had carefully examined the evi-
dence which they had been able to obtain, and
had heard a further statement and proof of facts
which were not related in the former report ;
and th.U it had been the practice of the judges
to take the fees that had been complained of in
a variety of cases and actions, which were men-
tioned, f The next day the business was cal-
led up again, the house resolved themselves in-
to a committee of the whole, debated largely on
the subject, reported progress, and asked leave
to sit again.J On the succeeding day the sub-
jtct was again considered in a committee of the
whole, and much time was spent in the debate;
and the committee agreed to recommend to the
house to adopt the following resolution, *' Ile-

* solved^ That it is the sense of this house, that

* the tees taken by the judges of the supreme

* court, as stated in the report of our select com-
' mittee, were taken by said judges with upright

* views, and that they are by law made the

* judges of what is a reasonable and lair con-

* structim of the fee bill ; and therefore, that
' no further order ought to be taken relative to
' the said judges taking of fees as aforesaid."
The question was then put whether the house
would accept of the report of the committee of
the whole ; it passed in the iifiimiative, yeas
100, nays 82.^

Thus terminated this dangerous contest. Its
origin, progress, and termination, seem to have

♦ Journal ior iSc^, p, $7. + p. 32. % p. |7- S P- 48, ^.

540 NATURAL AND CIVIL

been, rstrangly rna]:lj:ed with the views and arts of
party, politics. The fiicts seem to have been
that the judges were of opinion that the fee bill
w;9nld justify them in taking such fees as had
bj£:en objected to. These fees, were in fact
greater, more extensive, and more profitable,
thiui any other set of supreme judges had taken
before ; or that the judges of the county courts
had received or demanded. The fee bill how-
ever \yas not perfectly definite, plain, or particu-
lar ; and it was not diffi.cult to find reasons to
assign to it such a construction, as the judges
ga"\'e it. The fees were, taken openly and pub-
licly in the courts in e\er3' county, and ^^•ere
matters of record in the offices of all the clerks ;
there did not therefore seem to be room to de-
clare that tliey were matters of designed cor-
ruption and extortion ; nor was there any ap-
])eiirance that the judges were acting against
their own opinions and judgment. Candor
therefore should not complain, that the commit-
tee were inclined to believe, that they Vvtre ta-
ken ". \\itii upright views." But the reason
v.'hich they assigned for a justification, that they
v/ere '■ by lav/ made the judges of what is a
reasonable and iair construction of the fee bill,",
had more, of the appearance of the subtle and
evasive distinctions of the schools and Jesuits,
than of the language or decision of statesmen or
men of business. The question was ^\'hether
the fees they had taken in the cases of com-
])laint, were, or were not agreeable to the law.
Politicians alone would have ventured to have
kept the question out of sight, and derived the
justi^cation from the practice ; or to intimate

^^STORY GF VERMONT. 34t

tUat the practke complninccl of, was right, be-
cause it had been adopted ; or that the opinions
of the judges in a matter involving their own
emojument, violently contested, and brought
upon trial before the assembly, vvas a sufficient
ground, standard, or proof of the rectitude of
the measure. Instead of operating to remove,
this contest served rather to secure the places
of the judges ; in two days they were all re-
elected to office, and the fees so much com-
plained of, have been constantly taken ever since
without any further opposition.

PRoroGALS for altering the federal constitu-.
tion had now become so customary and fre-
quent, tiiat it was expected that every time the
state legislature met, some proposed amendment
would come before them. The governor had
two of the kind, to lay before the assembly ;
one from North Carolina, and the other from
Kentucky. That from North Carolina had for
its object to empower the Congress of the Uni-
ted States to pass a law, whenever they should
deem it expedient, to prevent any further im-
portation of slaves. Massachusetts had acceed-
ed to this proposal ; and it was very readily a-
doptcd ])y the assembly of Vermont, without
debate or opposition.* The amendment pro-
posed by the state of Kentucky was of a differ-
ent nature, and meant to diminish the judiciary,
power of the federal courts ; to " confine the
' judiciary power of the courts of the United

* States, to cases in law and equity arising un-
' der the constitution and laws of the United

* States, and treaties made or which shall be

* Page 54.

342 NATURAL AND CIVIL

* made under their authority ; cases affecting

* ambassadors, other public ministers and con-

* suls ; cr.ses of admiralty and maritime juris-

* diction ; controversies to which the United

* States shall be a party ; to controversies be-
' tween two or more states. '^*^ Tiie common-
wealtli of Pennsylvania hud concurred in the
measure, and requested the concurrence of the
other states. Such was the moderati.in and
"/visdora of the assembly of Vermo!it at their
present session that they discovered diffidence
;iiid caution in approaching, or venturing mate-
mlly to change the original compact. After
sotir>e debates on the subject, one of the most
active of the republican members introduced
this resolution : " V\ hereas, that part of that

* invaluable instrumenit proposed to be amended,

* embraces many objects, which whether retain-
' ed in their present form, or amended, will have

* eflects in community by no means of an indif-

* fcrent nature ; and v/licreas, the best possible

* knowledsre ousrht to be had of existinsr evils

* or benefits, before a single step is taken to-

* wards altering or amending a compact, which
*■ will not only have important effects in the af-

* fairs of our own state, but also in those of our

* several sister states : Therefore, Mesolved^

* The governor and council concurring therein,

* that the further consideration of the said reso-

* lutions be referred to the next session of the

* legislature.'* The house, without any debate
or opposition, adopted the resolution. |

With regard to the particular afliairs of the
state, the assembly Avere now in earnest to obtain

* Page 25. + p. 78, 79.

HISTORY OF VERMONT. 343

information relating to the situation of their
northern boundary, and to fix upon some place
for the future sessions of the lei^;islature. In
one of their laws they made provision for, em-
powered and desired the governor to have the
latitude of the reputed north line of the state as-
certained by proper observations on the bank of
Connecticut river, and at lake M.-mphremagog.
By another law, they established the future seat
of the legislature, from the year 1808, at Mont-
pelicr ; as convenient and central a village as
they could have found ; and rndst of their laws
and measures embraced objects of public utility.
Whether owing to the remote situation in which
they held their session, to a less inflammability
in the objects which came before them, the ab-
scence of some of the former most violent
members, or to more wisdom and prudence
than common, it was generally thougiit that
more discretion and moderation were discovered
by this assembly, than had appeared for several
years before. '

1806. In th§ fall of the year 1806, the legis-
lature convened at Middlcbury. Much pains
had been taken, and uncommon exertions had
been made to remove the governor from his of-
fice ; and his opposers seem to have been con-
fident of success. The arts of electioneerinrr
h.id failed, and Mr. Tichenor had carried tha
election by a very respectable majority. When
his opposers, who were a majority in the as*
sembly, found that the votes of the people were
still in his favor, their disappointment seems to
hive produced much vexation. In their an-
swer to bis speech they announced their feelings

^344 NATURAL AND CIVIL

and their designs. " We shall endeavor to
' avail ourselves, of the advantages by your ex-

* cellency pointed out, to promote harmony in

* our councils, as flir as is consistent with that

* spirit of free cnquirj', which constitutes the

* basis of a republican government. But we

* cannot try to avoid those" changes which are

* conformable to our constitution."* The
governor had endeavored to fix their attention
on the lands which belonged to Vermont, but
la}'- within the reputed bounds of Canada ; their
right to which was now known, by the measures
which had been taken to ascertain the latitude
of the north line of the state. The result of the
enquiry had been much in favor of his judgment
and exertions, and the benefit of the state.
Vexed that any thing should be announced to
the people that might tend to increase the repu-
tation of the governor, party zeal and folly went
so flir as to give a political direction to a mathe-
matical line. " We learn from your excellency's
' communications, that measures have been ta-

* ken, pursuant to the direction of the legislature

* at their last session, to ascertain the northern

* boundary line of this state, and that it can be

* established only through the medium of the

* national government ; and from the appearance

* of the error to be rectified, we are led to be-

* lieve, that the interest of our sister state of

* New York, may be so far affected by the

* measure, as to require the co-operation of that

* state. Whether we would urge the enlarge-
' ment of this state, at the risque of lessening

* the state of New York, and perhaps of the

• Journal of the afTcmbly for 1806, p. 39.

HISTORY OF VERMONT. 345

* United States, by transferring several settle-

* ments on the river St. Lawrence, is a question

* of the highest importance."* What shall be
said of their question of the highest importance ?
It was in fact a question of the lowest insignifi-
cance. There was no possibility either in theory,
operation, or eiFect, that rectifying the northern
boundarv of Vermont, could either lessen the
state of New York, or transfer any of the settle-
ments on the river St, Lawrence ; and there
Vv'as no place in the United States, but the brain
of an intrigueing pohtician, in which a mathe-
matical line could have been attended with any
such risk, or have produced any such distur-
bance.

The spirit of intolerance and the claims of po-
litical republicanism, from former practice and
precedent, were become so well established and
understood, that it was thought unreasonable
for the federalists to complain that they were
excluded from civil honors and emoluments ;
and a mark of weakness for them to expect any
of the civil appointments. The utmost that this
assembly professed, was to let those alone whom,
they had not in their power ; to " protect those

* who exercise but an honest diversity of opin-

* ion on speculative subjects."! In their ap-
pointments and dismissions from offices, they
strictly adhered to the declaration in their ad-
dress, not to '^ try to avoid changes ;'' and in
the powers of ambitious and uncontroled de-
mocracy, wise and prudent men saw with anx-
iety, the caprice and destruction of ancient des-
potism ; " Whom they would th^ slew, and
■whom they would they kept alive." *p. 40, tp. 40.

VOL. II T 2

346 NATURAL AND CIVIL

The resolutions from Kentucky, which had
been referred from the last session of the legis-
lature, were called up for consideration. The
alteration in the federal constitution which was
proposed by that state, was a diminution of the
powers of the federal courts, and an increase of
those of the particular states. The assembly at
Danville had approached this subject with cau-
tion, and had not ventured to decide without
inquiry upon an alteration, that might materially
affect the interests of the commercial states ;
and with a view for more mature consideration
and further information on the subject, had re-
ferred it to the present session. None of these
difficulties occurred to the present assembly. So
favorable an opportunity to weaken the powers
of the federal constitution, and to increase their
own, by bringing the affairs of business under
the decision of the judges whom the assembly
annually elected, was not to be lost ; it was the
more welcome, as the federal constitution might
now be weakened in the name of liberty, and
their own powers be augmented under the ap-
pearance of joining a sister state in the cause of
freedom. The house resolved itself into a com-
mittee of the whole, debated a little upon the
subject, and adopted the Kentucky proposals
by a great majority, yeas 148, nays 34.*

In the course of this session, it was proposed
to make an address to the president of the Uni-
ted States ; the motion was agreed to without
any opposition. The design of the address was
not barely unmeaning compliment, but business
and policy. It was believed by the assembly

• P»gc 65.

HISTORY OF VERMONT. 347

that Mr. Jefferson had expressed an intention to
decline another election, and retire to the em-
ployments of private life. A large majoiity of
the assembly wished to assure him that they
highly approved of the measures of his admin-
istration, hoped he would not withdraw from the
public service, and should afford him their cor-
dial support. The address was decent, not
without elegance, and much the best composi-
tion that this assembly had exhibited. Had it
been wholly unstained with any appearance of
the pollution of party spirit, it would have given
higher pleasure to those who were anxious for
the reputation and honor of the state. It is in
itself an agreeable prospect to see the people
unwilling to part with their chief magistrate ;
referring to the report of Mr. Jefferson's pro-
posed resignation, their feelings were thus ex-
pressed, *■ We venture to hope that the insinua-

* tion is unauthorised, and to express a wish

* that in the full possession of faculty and talent,

* you will not refuse the citizens the benefits a-

* rising from long political experience, and de*
^ prive them of the full opportunity of exercising
' their choice and judgment, in selecting their

* president from the whole number of the

* people."*

Among the articles of business that came
before this assembly, the aff ir of bjnks was one
of the most interesting. This subject had for
several years been often discussed in the assem-
bly, and in the council. The opinion oi both
seems to have been that such establishments
would not be for the advantage of Vermont,

* f'age 199.

348 NATURAL AND CIVIL

The matter was now urged with great warmth,
and there were applications of this kind from
several of the most respectable towns in the
state. A majority of the members probably-
wished to have some institutions of this nature,
established in the state ; but their views were
so local, and so much in favor of those particu-
lar places by which they expected to be most
benefitted, that it was found impossible to come
to an agreement at what towns they should be
established. 'Inhere was no way to bring the
minds of the members to an agreement, but to
introduce the project of a state bank ; in which
the profits should redound to the state itself.
Upon this idea, a majority of votes could be se-
cured ; and when the members believed that
the assemblv were to have the direction, and
receive the profits, a majority agreed in the
measure to establish a state bank in Vermont.
After repeated trials and much maneuvering,
the legislaluie fixed on two respectable towns
in which branches of it should be founded, at
Woodstock and Middiebury. A bill was pas-
sed for this purpose, and the bank is now in
operation. Many remarks and conjectures were
made, both for, and against this measure. It is
not however from the wishes or representations
of parties or local interests, that the propriety
and wisdom of the measure are to be determin-
ed. Time and experience will ascertain wheth-
er legislative authority and influence in such es-
tablishments, are, or are not consistent with the
confidence, property, and safety of individuals.
Much other business or a public and private
nature was done at this session, and several

HISTORY OF VERMONT. 54S

useful laws were enacted. The necessary and
customary business of the state being compleat-
ed, and the unfinished business referred to the
next session ; on November the 11th, the le-
gislature, by order of the governor, was adjourn-
ed without day.

In the difficult and critical business of re-
viewing the proceedings of the legislature for
several years, the mind is kept in a painful anx-
iety lest the subject should not be fully compre-
hended, the views of parties understood, or their
conduct be justly and fairly represented. Per-
haps it is not possible to avoid all mistakes,
when wTiting upon such subjects. It may be
justly expected that the facts should be fairly
stated : But it is not given to man, to be above
all errors of judgment. I have not found that
I could represent the political proceedings oth-
ervv'ise, than I have stated them. All parties
will find references to the journals, as vouchers ;
and the places are quoted, from which they may
examine with what care, im.partiality. and fideli-
ty, the representations are made.

An historical relation of the proceedings of
one of our general assemblies, will unavoidably
lead us to describe the passions of men in A-
merica, operating as they always have done, and
always will do, in every country upon the globe.
Where their own particul;ir interests, emolu-
ments, and power, are out of view, the men who
are clothed vvith authority will be much influ-
enced by considerations of justice, equity, and
fitness ; by moral and social principles. Whea
their own interest or sdA'ancement is dependent
on the principles they embrace, and the measures

S50 NATURAL AND CIVIL

they pursue, it is always expected that they will
be in danger of being swayed by their interest ;
governed by their passions, and irritated by op-
position. The difficulties that arise from this
source are much the same in all countries, and
under all forms of government. Whether the
coalition be made up of kings, nobles, ministers
of state, representatives of the people, or assem-
blies of the clergy, if it is left to them to ad-
vance their own wealth, power, influence, and
importance by their own votes, we know what
to expect ; nor are we disappointed in finding
them united in assisting and supporting each
other ; in humbling, depressing, and disarming
their opposers ; angry, irritated, and inflamed
by opposition. Their passions rise, rule, and
govern ; their reason loses its influence and
force ; crime, guilt, and shame, are divided in-
to equal shares ; and no man means or expects
to take a large portion to himself.

In every Congress of this kind, the great
question will be, not what is right and fit ; but
what the people can be made to believe, and
what mankind can be made to bear. Public
sentiment and public feeling seem to be the on-
ly eflectual checks on any body of men, who
have been long in possession of power, let the
form of government be what it may. Amidst
all the proceedings then of civil authority and
legislative bodies, a still more important inquiry
ariseth, what is the state of society ? What is
the condition of the people ? Are they ignorant,
corrupt, and poor ; in a state of slavery, depres-
sion and disgrace ? Or have they freedom, vir-
tue, and discernment enough, to understand

HISTORY OF VERMONT. 351

their own institutions of government ; and to
note with attention the conduct of their rulers ?
For it is not in the passions and interests of our
representatives, but in the state of society itself
that we must look for the corruption and disso-^
lution, or for the improvement and preservation
of ouf civil government and state. To a more
important subject we cannot turn our attention.

552 NATURAL AND CIVIL
CHAPTER VIII.

State of Society. The Employments of
the People : Agriculture^ Manufactures y Hunt-
irigy Commerce J the profits of Labor.

IN the natural constitution of man, the
author of nature seems to have established the
limits, below, and above which, the human race
cannot be found. Somewhere within these lim-
its, every nation will take its place : But where^
depends chiefl}^ upon the state of society. It
should seem that several of the nations of the
eai th, are yet near the ultimate point of depres-
sion ; and have been so, from tinie immemorial.
But what is the ultimate point of perfection to
which men may rise, we cannot determine.
The many and great imperfections, which at-
tend the state of society in every nation, seem
to denote that none of them have as yet, made
very near approaches to it.

The causes which produce the degradation,
or the superiority of one nation to another, will
always be found in those things, which have the
greatest effect, in constituting their state of so-
ciety. Among these, the employments of the
people, their manners and customs, their religion,
their government, their population, and the de-
gree of freedom which they enjoy, will always
be among the capital articles. A just descrip-
tion of these, would afford a proper account of
tlie state of society, in this part of America.

HISTORY OF VERMONT. 353

EMPLOYMENTS OF THE PEOPLE.

Agriculture. The body of the people in
Vermont are engaged in agriculture. In a new
country where the settlements are yet to be
made, agriculture puts on a very different ap-
pearance from that^ which it bears in the ancient
and well cultivated settlements. There, the bu-
siness is to cultivate and improve the farms,
which have been already greatly improved : To
increase the produce, by the application of more
labor and cultivation, and thus to derive a great-
er profit from the land. In a new settlement,
the first business of the husbandman is to cut
down the woods, to clear up the lands, to sow
them with grain, to erect the necessary buildings,
and open the roads ; and thus to connect and
form a communication between the scatttred
settlements, and make the most of his labor.
Amidst the hard living and hard labor, that at-
tends the forming a new settlement, the settler
has the most flattering prospects and encourage-
ments. One hundred acres of land in a new
town, does not generally cost him more than he
can spare from the wages of one or two years.
Besides maintaining himself, the profits of his
labor will generally enable a young man, in that
period of time, to procure himself such a tract
of land. When he comes to apply his labor to
his own land, the produce of it becomes ex»
tremely profitable, 1'he first crop of wheat will
fully pay him for all the expense he has been at,
in clearing up, sov/ing, and fencing his land ;
and at the same time, increases the value of the
land, eight or ten times the original cost. In
VOL, n U 2

554 NATURAL AND ClVlL

this way, every day's labor spent in clearing up
his land, receives high wages in the grain which
it procures, and adds at the same time a quanti-
ty of improved land to the farm. An acre of
land which in its natural state, cost him perhaps
the half of one day's labor, is thus in one year
made of that value, that it will afterwards annu-
ally produce him from fifteen to twenty five
bushels of wheat ; or other kinds of produce,
of equal value. In this way, the profits attend-
ing labor on a new settlement, are the greatest
that ever can take place in agriculture ; the la-
borer constantly receiving double wages. He
receives high wages in the produce of his corn
or wheat ; and he receives much higher wages
of another kind, in the annual addition of a new
tract of cultivated land to his farm. This double
kind of wages, nature with great benevolence
and design, has assigned to the man of industry,
when he is first making a settlement in the un-
cultivated parts of America : And in two of
three years, he acquires a very comfortable and
independent subsistence for a family, derived
from no other source but the earth, and his own
industry.

In every country, agriculture ought to be es-
teemed, as the most necessary and useful pro-
fession. The food and the raiment b)^- which
all orders of men are supported, must be deriv-
ed from the earth. Agriculture is the art, by
which this is effected ; and of consequence the
art which supports, supplies, and maintains all
the riest. It ought therefore to be esteemed the
primary, the fundamental, and the most essential
art of all ; that which deserves the first and the

HISTORY OF VERMONT. 5i55

greatest consideiation and encouragement. The
wealth drawn from a.^riculture, is permanent
and durable ; not subject to the uncertainties
attending that, which is derived from commerce ;
and not dependent upon the inclinations, the
dispositions, or the regulations of other king-
doms and countries. The people that thus live
by their own agriculture, are independent of
other nations, and need not be affected by their
wars, revolutions, or convulsions ; but may al-
ways have the means of support and indepen-
dence, among themselves. While they hare
that which is drawn from the cultivation of the
land, they will have every thing that nature and
society can need, or have made valuable.

The other professions, those especially of the
liberal arts, are of great utility, and of high im-
portance, and they are what society could not
flourish without. But they derive their impor-
tance and utility from the imperfections of man,
and of society ; and do not of themselves, add
any thing to the wealth of nations. The physi-
cian, the lawyer, the divine, the statesman, and
the philosopher, are engaged in employments of
great utility to mankind. But there is not one
of them, that adds any thing to the wealth and
property of the community : TJiey must all de-
rive their support, from the cultivation of the
land. Of all arts and professions then, agricul-
ture ought to be esteemed the most useful, and
the most important. It is the art which pro^
duceth, and nourishes all the rest. The other
arts teach how to preserve the health, the pro-
perty, and the morals of men ; to enlarge their
understandings, and to give a right direction to

S5S NATURAL AND CIVIL

their minds : But this provides food, raiment,
and support for them all.

In no way, has the glory of nations been more
expanded, than by their attainments and dis-
coveries in science. The mathematicians have
measured, and settled the dimensions of the so-
lar system : But the new settler, has in fact, en-
larged the bounds of the habitable creation.
The philosophers have expanded our minds with
the ideas, and evidence, that the other planets
are inhabited ; but the simple and honest farmer,
has made the earth the place for more inhabitants
than it ever had before. And while the astrono-
mers are so justly celebrating the discoveries,
and the new planet of Herschel, all mankind
should rtjoice, that the simple peasant in the
wilderness, has found out a way, to make our
planet bear more nien.

Those employments which are the most ne-
cessary, and the most useful to men, seem to be
the most nearly connected with morality and
virtue. Agriculture ap^')ears to be more nearly
allied to this, than any of the arts. The maa
that is constantly pursuing the business, which
nature has assigned to him, seems to have but
little to corrupt him. In the many histories of
corruption, there is oot any account, that the
body of the husbandmen ever became a corrupt,
venal, and debauched generation. They must
first be led to desert their employments, or they
must be blinded and deceived, before they can
be made fit tools for politicians to corrupt, and
manage. Their profession tends to render them
an industrious, hardy, incorrupted, and honest
set of men. J»t is never in the body of the

HISTORY OF VERMONT. 357

husbandmen, but among the speculators, politi-
cians, and leaders of mobs, that we look for a
settled trade, and high attainments, in venality
and corruption.

The most general information which the
body of mankind can ever expect to obtain,
seems to be more connected with agriculture,
than with any other business. The man whose
employment it is to make needles, nails, knives,
or any other article of manufacture, acquires
uncommon skill and attainments in that particu-
lar kind of business ; and we are astonished at
the effects, which his labors produce. It is
hov/ever the unhappiness of the men who are
devoted to such employments, that their atten-
tion is swallowed up by one object ; and that
the main course of their thoughts and pursuits,
move only in a small circle. The husbandman,
from the nature of his occupation, is obliged to
contemplate a greater variety of things and ob-
jects. He must be conversant with the nature
of soil and climate ; what one part of his farm
will produce, and what may be expected from
another. His attention is turned to the nature,
growth, and productions of vegetables ; what
grain, provender, or fruit he needs, and can
raise with ease and profit. He must understand
the constitution, genius, and pursuits of animals ;
from which of them he may derive the most
profit, and which he can raise and govern to the
greatest advantage. The winds, weather, and
seasons, what is to be expected from their regu-
lar operations, or from their perpetual variations,
become of course matters of constant observa-
tion. Such things are in fact among the most

358 NATURAL AND CIVIL

useful and curious branches of natural history
and philosophy. With these the husbandman
is daily cultivating an increasing acquaintance ;
and his information becomes a practical and ex-
perimental science, far more improving to the
mind and beneficial to societ}', than the theoret-
ic tables or speculations of philosophers on such
subjects. In such respects agriculture seems
to have an advantage over other professions.

On what is the whole system of American
Republicanism, founded ? Does it in fact de-
pend on a system of political checks, balances,
and arrangements ; artificially contrived not to
set the machine in motion, but to prevent its
going wrong ? Can any thing of this nature
jTorm the inclinations, sentiments, and pursuits
of men ? Will not these be unavoidably con-
nected with their circumstances, situations, and
emplovments ? And will not agriculture go
further to form the desires,, opinions, and habits
of men, than any other employment ? Other
kinds of business and professions, are confes-
sedly useful and necessaiy ; and will have their
influence, on the spirit and genius of the gov-
ernment. But when the body of the people are
the owners of the lands, and do the labor of
husbandry, is there not an extensive and per-
manent cause for republicanism, in such a sitUr
ation and employment ? Will not such men al-
ways be in favor of so much government as will
do justice, protect property, and defend the
country ? And M'ill they not always be averse
to the distinctions of monarchy, nobility, the
powers of an established church, and army ?
May we not then venture to say that the Ameri-

HISTORY OF VERMONT. 359

can republics will last, as long as the body of
the f)€ople own the lands, and do the labors of
agriculture themselves : And that the republican
system can no where take place, when the lands
are in the hands of a few wealthy men, and the
labor is done by slaves or hirelings ? Is not the
former in fact the foundation of American re-
publicanism ; and does not the latter unavoid-
ably produce aristocracy or monarchy in every
part of Europe ? At least I believe we may
venture to say the American system of agricul-
ture and republicanism, have such an affinity to
each other, that they will both flourish or de-
cline together : And that any essential altera-
tion in the state, form, or manner of carrying on
the one, would essentially affect the state and
form of the other.

Manufactures. Next to agriculture, the
chief source of employment is manufactures.
These are chiefly of the domestic kind^ designed
to procure clothing for families. In no part of
the United States, does the farmer meet with
more success in raising sheep. The climate
agrees v/ell with the breed of sheep, that is
spread over the territory : And the richness of
the pastures, in new settlements, gives an ex-
traordinary sweetness to the meat, and richness
to the fleece. It is not uncommon for a sheep
of two or three years old to weigh one hundred
and twenty pounds, and to afford three or four
pounds of wool. And from the wool of their
own raising, the greater part of the farmers
manufacture the woolens, which are used lit
their families. In no places does flax succeed
better than on the new lands. The commori

S60 NATURAL AND CIVIL

produce from one acre, is from four to five hiiri-
dred pounds. Every family raises a quantity
of flax, and carries on a small manufacture of
iinen. These domestic manufactures, are of the
highest importance to the people. When the
country shall be well settled, wool and flax will
become two of its most capital productions. At
present, there is not enough of either annually
produced, to supply the inhabitants.

Great advantages may be derived to the
state, from the manufactures of iron. Large
quantities of iron ore are found in several of the
towns, on the west side of the green mountains.
Tinmouth, Rutland, Pittsford, and Shoreham.
contain great quantities. The ore in these
towns is of a reddish kind, mixed with earth
tinctured with yellow ocre. It melts easily, and
produces from one seventh to one fourth of iroUr
The iron is mostly of the coldshire kind, works
easily, and makes excellent nails. The princi-
pal part of the ore that has hitherto been used
in this state, has been brought from a mountain
on the west side of lake Champlain, about four
miles north of Crown Point. This ore is of a
black, heavy kind ; mostly iron, mixed with a
grey flint stone. The iron in this ore, appears
ifl large grains, some of them nearly as large as
a pea : These grains appear to be of pure iron.
Some of this ore is so peculiarly rich, that when
it is well managed, it will yield four sevenths of
pure iron ; but is exceeding hard to melt,
.When the ore is well worked, it produces the
best iron for chains, horse shoes, nails, &c.
and such matters as are drawn lengthways.
When applied to uses which require plaiting

HISTORY OF VERMONT. 361

Tvidthways, it does not answer so good a pur-
pose ; though it is neither coldshire, nor red.
shire. The same kind of ore is found in many
of the mountains, on the west side of the lake,
as far south as its waters extend. A country
thus abounding with the richest kind of iron
ore, naturally invites the settlers to the iron
manufactures. And they have already (1792)
erected several forges, and furnaces. In Ben-
nington county they have one forge ; in Rutland
county fourteen ; in Addison county four ; and
in Chittenden county two. In addition to which
three furnaces are also erected, in the county of
Rutland. From these M'orks, large quantities
of bar iron are annually produced. The manu-
facture of nails is already become common, and
profitable ; and every other branch of the iron
manullicture, must soon be so. These manu-
factures, like every thing else in the new settle-
ments, are as yet in their infancy. But if we may
judge from the plenty, or the ease and cheap-
ness, with which an immense quantity of the
best kind of iron ore may be procured, we shall
be apt to conclude that nature has designed this
part of the United States, to be the seat of very
flourishing manufactures of every thing that can
be made of iron, or steel. At this period (1806)
the iron works and manufactures have greatly
multiplied and increased.

The manufacture of pot and pearl ashes, is
still more extensive, and useful. The immense
quantity of wood, with which the country is
every where covered, may supply any quantity
of ashes for this purpose : And the greatest
economy takes place in collecting the ashes,

VOL. II W 2

362 NATURAL AND CIVIL

made either by culirrary fires, or those which
are designed to burn up the wood, where the
inhabitants ai*e cleatring the lands. In almost
every new settlenient, one of the first attempts,
is to erect works for the pot and pearl ash man-
ufacture : And there are probably as many
works of this kind, as there are settled towns in
the state. The business is every where well
understood ; and there is no better pot or pearl
ashes made in any part of America, than that
which is produced in Vermont. It has hitherto
taken from four himdred and fifty to four hun-
dred and eighty 'bushels of ashes, to make one
ton of pot ash. Constant attempts are now
made,^ to find out a way of extracting more of
the salts from the ashes, than has been hereto-
fore done by the common method of bleaching ;
and also to extract more salts from the ashes,
which have been thrown aside as useless. Flat-
tering prospects seem to have attended some
chymical experiments of this kind ; and im-
provements have been made in the method of
constructing the works for the pot ash. But
much further improvements are necessary, be-
fore these imperfect attempts, can be of any very
valuable use to the manufacturer. The quantity
of pot and pearl ashes, which is annually made
in Vermont, cannot be exactly stated. From
the best accounts I could procure, in the year
1791, the quantity might be estimated at about
one thousand tons : Probably this may be near
the truth. But whatever may be the quantity
produced at present, it is rapidly increasing ;
and probably will for several years, bear some
proportion to the increase of the inhabitants.

HISTORY OF VERMONT. 363

As the mountains will not f^iil to supply wood
for this manufacture, for centuries yet to come,
it seems that Vermont will be one of the states,
in which this manufacture will be attended with
its greatest perfection and profit.

The manufacture of maple sugar is also an
article of great importance to the state. Per-
haps two thirds of the fimiilies are engaged in
this business in the spring, and they make more
sugar than is used among the people. Consid-
erable quantities are carried to the shop keepers ;
which always find a ready sale, and good pay.
The business is now carried on, under the great-
est disadvantages : Without proper convenien-
cies, instruments, or works ; solely by the ex-
ertions of private families, in the woods, and
without any other conveniencies than one or
two iron kettles, the largest of which will not
hold more than four or five pailfulls. Under all
these disadvantages, it is common for a family
to make tv/o or three hundred pounds of maple
sugar in three or four weeks. This manufac-
ture is capable of great improvements. The
country abounds with an immense number of
the sugar maple trees. The largest of these
trees are five and an half or six feet in diameter ,
and will yield five gallons of sap in one day ;
and from twelve to fifteen pounds of sugar, dur-
ing the season. The younger and smaller trees
afford sap or juice, in a still greater proportion.
Were the workmen furnished with proper ap-
paratus and works, to colkxt and boil the juice,
the quantity of sugar might be increased, dur.
ing the time of making of it, in almost any pro-
portion : And it might become an article of

564 NATURAL AND CIVIL

much importance, in the commerce of the coun-
try, I have never tasted any better sugar, than
"vvhat has been made from the maple, when it
has been properly refined ; it has a peculiarly
rich, salubrious, and pleasant taste. But it is
generally made under so many unfavorable cir-
cumstances, that it appears for the most part,
rough, coarse, and dirty ; and frequently burnt,
smoaky, or greasy, when it is first made. In
one circumstance only, does nature seem to
have set bounds to this manufacture, and that is
"with respect to time. It is only during four or
five weeks in the spring, that the juice can be
collected. While the trees arc frozen at night,
and thawed in the day, the sap runs plentifully :
But as soon as the buds come on, the sap ceases
to flow in such a manner, as that it can any
longer be collected. We cannot determine with
much accuracy what quantity of this sugar is
annually made in the state. In the town of
Cavendish, in the spring of the year 1794, the
quantity made by eight}' three families, was
fourteen thousand and eighty pounds. If the
families in the other towns manufacture in the
same proportion, there must be above one thou-
sand tons annually made in Vermont.

Several distilleries have of late been erect-
ed in this state. The object of them is to make
such spirituons liquors, as can be extracted from
grain. Considering the large quantities of wheat,
rye, and barley, that are raised in the country,
it seems probable that these distilleries will soon
be in a flourishing state. All kinds of grain are
raised so easily upon our lands, and in such
quantities, that the farmer can always fur-

HISTORY OF VERMONT, 365

nish sufficient supplies. The distilleries have
met with good success in their attempts
to make gin. And nothing seems wanting, but
time, and experience, to produce large quanti-
ties of all those spirits, that can be produced
from grain. As yet these works are in their in-
fancy ; probably they will become a lucrative
branch of business to their owners, and of very
considerable advantage to the state.

Hunting. Hunting was formerly a busi-
ness, which was much pursued, and attended
with considerable profit in this state. The coun-
try, in its early state, abounded with moose,
deer, bears, foxes, wolves, rabbits, martins, &c.
In the lakes and creeks, there were large num-
bers of beaver, otter, muskrats, and minks.
The flesh of some of these animals, and the furs
of all of them, proved a lucrative branch of
business to some of the first settlers. But as
the settlements increase, the wild animals disap-
pear, and in a few years they \v\\\ be scarcely to
be found at all. At present the pcltiy may a-
mount to one or two thousand pounds per an-
num ; but it has almost ceased to be attended
with a profit, adequate to the expense.

Commerce. Com.mercial concerns afford
employment for a considerable number of peo-
ple. This branch of business is wholly confined
to the adjacent parts of the country : Part of it
is carried on with Connecticut, part with Mas-
sachusetts, a considerable part with the province
of Canada, but much the largest part with New
York. The articles that are brought into the

566 NATURAL AND CIVIL

state are chiefly rum, wines, brandy, and gin :
Coarse linens and woolens, and the various ar-
ticles of cheap clothing : Tea, coffee, chocolate,
and all the articles necessary for building, which
are not yet produced in the country. The ex-
ports are grain of all kinds, bar iron, and nails ;
pot and pearl ashes ; beef, pork, live cattle,
horses ; lumber, peltry, some flax, and maple
sugar. The amount of the commerce of an in-
land country, cannot be very accurately ascer-
tained ; nor have we any way to determine
what quantity of goods are annually brought in-
to the state ; or to what value, the remittances
annually amount. The trade itself has been of
great advantage, in promoting the settlement of
the country ; but the carriage of the articles,
being chiefly by land, and through long and bacl
roads, has been attended with great expense ;
and has much prevented the raising of wheat,
and other kinds of grain. The natural channels
into which the trade of Vermont will resolve it-
self, will be a water carriage upon Connecticut
river ; and through lake Champlain, down the
rivers of Hudson, and St. Lawrence. As vigor-
ous attempts are now making, to render all these
waters better suited to the purposes of naviga-
tion, the time cannot be far distant, when com-
merce shall be more easily carried on, become
jTiuch increased, and be attended with much
greater advantages to the state. The commerce
of the state (1806) has of late been much pro-
moted, by the establishment of turnpikes, on
some of our roads. The people are every year
jtetitioning the legislatin-e, for liberty to carry
these improvements to a greater extent. It is

HISTORY OF VERMONT. 367

hoped the prejudices of the assembly against
such establishments, will soon decrease and
subside.

In any of these employments, the laborer has
the prospect of acquiring not only a very com-
fortable living, but sufficient property to main-
tain a family. The price of labor will always
bear a proportion to the profits it will produce,
and to the demand which there is for it. In a
new country every one that can perform a day's
work, will find employment in any part of the
country. In agriculture, the laborer can pro-
cure seventy dollars a year for his work ; equal
in value to one hundred and twenty bushels of
wheat. In the busy seasons of the year, the
common price of a day's labor is half a dollar ;
in the winter not more than half this sum. All
kinds of labor are in the usual proportion to that
of agriculture. Of these wages it will take
twenty dollars, to procure comfortable clothing;
the remainder the laborer is able to reserve for
other purposes. Thus by laboring for another
for two or three years, the laborer becomes in-
dependent, and works afterwards upon his own
land or stock.

The writers upon political economy in Eu-
rope, are constantly mentioning the great ad-
vantages which accrue to trade and commerce,
from an extreme cheapness of labor. The bene-
ficial effects that would arise from it in Ameri-
ca, would be no compensation for the disadvan-
tages that would attend it. It would not be any
advantage to the country, to carry on any branch
of business, which would not support itself, and
pay well for the labor. Least of all would it be

368 NATURAL AND CIVIL

of any public benefit, to have the profits of the
labor of manyj centre in the hands of a few
wealthy men. This would reduce the body of
the people to poverty, dependence, and venality ;
and introduce all that endless confusion of laws
for the support of the poor, which has perplexed
all the wealthy parts of Europe, for more than a
century. Those laws, with their perpetual al-
terations, plainly denote that the difficulty does
not admit any remedy from the ordinary course
of law. In every country, in which the state of
society is such, that the laborers have the pros-
pect and the hope of acquiring property, that
body of men are as active, enterprising, and
economical, as any other order in the state.
Take from them, under any pretence, the proper
profits of labor, and all prospect and hope of ac-
quiring ease and property by it, and the Euro-
pean consequences will follow ; The poor will
every where abound, the wealthy must maintain
them, and both will be dissatisfied : Speculators
will be perpetually proposing new laws, and the
more the laws are multiplied, the worse will be
tlie condition of the poor, and the greater will
be the expense of the rich. This will be the
unavoidable consequence, Vv-hen the wealth of a
nation has passed into the hands of a few men :
Or when the body of the workmen, instead of
laboring upon their own property, continue to
serve under a master.

HISTORY OF VERMONT. 369

CHAPTER IX.

State of Society. Customs and Manners i
JEducation, early Marriages^ Activity^ Equali-
ty^ Economy, and Hospitality of the Feople.

THE customs and manners of nations
arc derived from descent, situation, employment,
and all those regulations which have an influence
upon the state of the people ; and they serve
better than other circumstances to ascertain the
character of nations, and to denote the state of
society at any given period in their history-
The customs and manners of the people of Ver-
mont, are principally derived from tt people of
New Eugland, from whom they are descended :
But in a few particulars they have received a
direction, from the state of society which takes
place among the settlers in a new country.

Education. Among the customs which
are universal among the people, in all parts of
the state, one that seems worthy of remark, is,
the attention that is paid to the education of
children. The aim of the parent, is not so
much to have his children acquainted with the
liberal arts and sciences ; but to have them all
taught to read with ease and propriety ; to write
a plain and legible hand ; and to have them ac-
quainted with the rules of arithmetic, so far as
shall be necessary to carry on any of the most
common and necessary occupations of life. All
the children are trained up to this kind of knowl-
edge : They are accustomed from their earliest
years to read the Holy Scriptures, the periodical
VOL. II X 2

370 NATURAL AND CIVIL

publications, nevv'spapers, and political pamph-
lets ; to form some general acquaintance with
the laws of their countr}-, the proceedings of the
courts of justice, of the general assembly of the
state, and of the Congress, &c. Such a kind of
education is common and universal in every
part of the state : And nothing would be more
dishonorable to the parents, or to the children,
than to be without it. One of the first things
the new settlers attend to, is to procure a school-
master to instruct their children in the arts of
reading, writing, and arithmetic : And where
they are not able to procure or to hire an in-
structor, the parents attend to it themselves.
No greater misfortune could attend a child, than
to arrive at manhood unable to read, write, and
keep small accounts : He is viewed as unfit for
the common business of the towns and planta-
tions, and in a state greatly inferior to his neigh-
bors. Every consideration joins to prevent so
degraded and mortifying a state, by giving to
every one the customary education, and advan-
tages. This custom was derived from the peo-
ple of New England ; and has acquired greater
force in the new settlements, where the people
are apprehensive their children will have less
advantages, and of consequence, .not appear
equal to the children in the older towns. No
custom was ever better adapted to private, or
public: good. Such kind of education and
knowlediije, is of more advantage to mankind,-
than all the speculations, disputes, and distinc-
tions, thiit metaphysics, logic, and scholastic
theology, have ever produced. In the plain
common good sense, promoted by the one,

HISTORY OF VERMONT. 371

virtue, utility, freedom, and public happiness,
have their foundations. In the useless specula-
tions produced by the other, common sense is
lost, folly becomes refined, and the useful branch-
es of knowledge are darkened, and forgot.

Early Marriages. Another custom,
which every thing tends to introduce in a new
country, is early marriage. Trained up to a
regular industry and economy the young people
grow up to maturity, in all the vigour of health,
and bloom of natural beauty. Not enervated
by idleness, weakened by luxury, or corrupted
by debauchery, the inclinations of nature are di-
rected towards their proper objects, at an early
period ; and assume the direction, which nature
and society designed they should have. The
ease with which a family may be maintained,
and the wishes of parents to see their children
settled in the way of virtue, reputation, and fe-
licity, are circumstances, which also strongly
invite to an early settlement in life. The virtu-
ous affections are not corrupted nor retarded by
the pride of families, the ambitiop of ostenta-
tion, or the idle notions of useless and danger-
ous distinctions, under the name of honor and
titles. Neither parents nor children have any
other prospects, than what are founded upon in-
dustry, economy, and virtue. Where every
circumstance thus concurs to promote early
marriages, the practice becomes universal, and
it generally takes place, as soon as the laws of
society suppose the young people of sufficient
age and discretion to transact the business of
life. It is not necessary to enumerate the many
advantages, that arise from this custom of early

372 NATURAL AND CIVIL

marriages. They comprehend all that society
can receive from this source ; from the preser,
vation, and increase of the human race. Every
thing useful and beneficial to man, seems to be
connected with obedience to the laws of his na-
ture : And where the state of society coincides
with the lavvs of nature, the inclinations, the du-
ties, and the happiness of individuals, resolve
themselves into customs and habits, favorable,
in the highest degree, to society. In no case is
this more apparent, than in the customs of na-
tions respecting marriage. When wealth, or
the imaginary honor of families, is the great
object, marriage becomes a matter of trade,
pride, and form ; in which affection, virtue, and
happiness, are not consulted ; from which the
parties derive no felicity, and society receives
no advantage. But w here nature leads the way,
all the lovely train of virtues, domestic happi-
ness, and the greatest of all public benefits, a
rapid population, are found to be the fruit.

Activity and Enterprize. A spirit of
activity an(^ enterprize is every where found in
a new state. Depending upon tlieir own indus-
try, and having nothing to expect from specula-
tion and gaming in public lunds, or from the
errors or vices of government, the views of the
people are directed to their own employments
and business, as tne only probable method of
acquiring subsistence, and estate. Hence arises
a spirit of universal activity, and enterprize in
business. No other pursuits or prospects are
suffered to divert their attention ; for there i,
nothing to be acquired in any other way. Nei-
ther begging, or gaming, or trading upon public

HISTORY OF VERMONT. 373

funds, measures, and managenient, can be pro-
fitable employments to the people who live at a
distance from wealthy cities, and the seat of
government. The only profitable business, is
to pursue their own profession and calling. Ta
this pursuit their views become directed ; and
here, their activity and enterprise become re-
markable. No difficulty or hardship seem to
discourage them ; And the perseverance of a
few years generally serves to overcome the ob-
stacles, that lay in their way at first. It is only
those who are of this enterprising spirit, who
venture to try their fortunes in the woods ; and
in a few years, it generally raises them into easy
and comfortable circumstances. To the most
essential and necessary duties of man, heaven
has annexed immediate and important blessings.
The people thus active, laborious, and perpetu-
ally in hard exertions, are destitute of many of
the conveniencies of liie ; and of what, in every
populous city, would be esteemed its necessa-
ries. Can their health and spirits remain unim-
paired, amidst this scene of hard living, and
hard labor ? Will they not waste aM-ay thus la-
boring in the woods, without good living, able
physicians, and the advantages of medicine ? So
far from it, that no people have so few diseases,
multiply so fast, or suffer so little from sickness.
Temperance and labor do more for them, than
art and medicine can do for others. The dis-
orders which wear away the inhabitants of weal-
thy cities, are almost unknown in the woods.
Very few die, but under the unavoidable decays
of nature ; and the deaths are to the births, in
no higher a proportion than I to 4, 8. Unac=

574 NATURAL AND CIVIL

quaintcd with the improvements which are made
ill the medical art in Europe, the people of the
Bew settlements neither know the names of the
diseases, or their remedies ; nor stand in any
need of their discoveries, or prescriptions. The
benevolent audior of natur® has annexed that
heahh to their temperance, industry, and activi-
ty, which is never found in drugs, medicines,
or any attainments of art. And while the peo-
ple are thus active and industrious in performing
their duty, the property and health of individu-
als, and the prosperity of the state, are all found
to flourish together.

E^c^UALiTY. The nearest equality that ever
caa take place among men, will also be found
among the inhabitants of a new country. When
a number of men are engaged in the same em-
ployments and pursuits, and have all of them to
depend upon their own labor and industry for
their support, their situation, views, and man-
ners, will be nearly the same ; the way to sub-
sistence, to easCj and independence, being the
same to all. In this stage of society the nearest
equality will take place, that ever can subsist a-
mong men. But this equality will be nothing
more than an equality of rights ; and a similari-
ty of employment, situation, pursuit, and inter-
est. In a new country this similarity will be so
great, as to form a near resemblance of manners
and character ; and to prevent any very great
11 .equalities of privilege from taking place in so^
ciety, either from rank, offices of government,
or any other cause. But nothing ever did, or
ever cnn produce an equality of power, capacity
and advantages, in tlxe social, or in any other

HISTORY OF VERMONT. 575

state of man. By making; men very unequal iil
their powers and capacities, nature has efftctu-
all) prevented this. The whole race resen,b!e
one another in the make and form of their bod-
ies ; in their original appetites, passions^ and
inclinations ; in reason, understanding;, and the
moral sense, &c. But in these respects it is
similitude, not equality, which nature has pro-
duced. To some, the author of nature has as-
signed superior powers of the mind, a strength
of reason and discernment, a capacity of judg-
ing, and a genius for invention, which are not
given to others. " To others, the deity has as-
signed a strength, vigor, and firmness of con-
stitution, by which the bodily powers are more
favored in one, than in another. Causes thus
natural and orig-inal, will be followed with their
natural and proper effects. Superior wisdom
and abihties, will have superior infiuencc and
effect in society. Superior strength and activi-
ty of body, will also have advantages peculiar
to themselves. In making these natural dis-
tinctions, nature evidently designed to qualify
men for ditFerent attainments, and employments-,
And w^hiie she gave to all the nature and the
rights of man, she assigned to some a capacity
and a power, to make a much more useful im-
provement and exercise of that nature, and of
those rights, than she has given to others. Thus
a state of nature is itself a state of society, or at
least naturally tends to produce it. And in the
earliest stages of society, all that equality will
take place among mankind, which is consistent
w^ith it. Placed in a situation nearly similar,
the employments, views, and pursuits of iha

376 NATURAL AND CIVIL

people, become nearly the same. The distine=
tions derived from birth, blood, hereditary tides
and honors, and a difference of rights and privi-
leges, are either unknown or resolve themselves
into nothing, among a people in such a situation ;
in every view, they cease to be of any use or
importance to them. Their situation naturally
leads them to discern the tendencies, and de-
signs of nature. They all feel that nature has
made them equal in respect to their rights ; or
rather that nature has given to them a common
and an equal right to liberty, to property, and to
safety ; to justice, government, laws, religion j
and freedom. They all see that nature has
made them very unequal in respect to their ori-
ginal powers, capacities, and talentSi They be-
come united in claiming and in preserving the
equality, which nature has assigned to them ;
and in availing themselves of the benefits* which
are designed, and may be derived from the in-
equality, which nature has also established.
Wherever a number of people are engaged in a
common, economical, laborious pursuit of sub-
sistence, property, and security ; such views of
their equality, and rights, immediately occur to
their minds ; they are easily discerned, and they
are perfectly well understood.

Economy. Every thing in the situation and
employments of the people, ia a nev/ country,
will naturally tend to produce economy. There
are no large estates, or cultivated farms, prepar-
ed beforehand for the heir. Every thing for
food, raiment, and convenience, must be pro-
cured by the labor and industry of the planter ;
and it is not \vithout much difficulty and liard

HISTORY OF VERMONT. 377

sliip, that the people can procure the necessaries
of life at first, or the conveniencies of it after-
wards. What is thus procured with labor and
difficulty^ vvill be used with prudence and econo-
my. The custom will not be to fall into scenes
of expensive entertainrnents, amusement, and
dissipation : But to provide for the calls and
demands of nature, to preserve the health and
vigor of tl^ftbody, and to be able to raise up'
and support a family. And this will of course,
introduce a steady regard to, economy, in all
their expenses, liabits, and customs. The in-
fluence that this has on the affairs of individuals,
and on the state of society, is every where ap-
parent. No such degrees of vyealth can ever
exist In any place, as shall be equal to the ^-
mands of luxury. And where custom has in-
troduced-a habit of living and expense, above
the annual income, dependence, venality, and
corruption, Avith constant want and distress, i^
the never failing consequence. But the most
pernicious of all the effects of luxury, is the de-
icradation it brink's on the nature of man. It
destroys the vigor and powers of men, and by
constantly enfeebling the body and mind, seems
to reduce them to a lower order of beings. The
body,' weakened by excessive indolence and in-
dulgence, loses health, vigor, and beauty, and
becomes subject to a thousand emaciating pains
and maladies. The mind, subdued by indo«
lence and inactivity, scarcely retains its rational
powers ; and becomes v/eak, languid, and inca-
pable of manly exertions, or attainments. To a
state thus degraded, effeminate, and unmanly,
luxury frequently reduces those, who bear th*?
voLi ii Y 2

378 NATURAL AND CIVIL

remains of the human form. Political writers
have frequently argued that luxury was of real
service to the nations of Europe ; that it tended
to find employments for the poor, and was ne-
cessary to keep the money in circulation. This
reasoning cannot be contradicted : But it sup-
poses the state of society to be essentially bad ;
and that it cannot be supported but by the man*
agement, operations, and balance of vices. In
such a state of society, luxury is certainly a
benefit : And the highest degree of it, would
be the greatest benefit of all. It would be the
best thing that could happen in such a society,
for the corrupted, venal part to spend their es*
tates, by luxury and dissipation, and to have
them pass into other hands. This would be far
better for mankind than to have them live use-
less, be constantly corrupting others, or train up
an emaciated, feeble race, degraded by effemina-
cy and weakness, below the rest of the human
race. Whatever might be done to load such
with honors, titles^ and distinctions, it will be
impossible ever to make them men ; or at least
such kind of men, as shall be upon terms of
equality v/kh the rest of the human fsce.- Ac-
tivity, industry, and economy, v/ill prevent su€h
*a race from appearing, or such effects from tak»
ing place, in any of the new states of America.
'" Hospitality. That benevolent, friendly
disposition, which man should bear to man, will
appear under different forms, in different st^^ges
of society. In the f?rst combinations of man-
kind, when all are exposed to danger, sufferings,
and want, it appears in one of its most amiable
forms, and has been called hospitality. In this
form it exists among the people who are sub-

HISTORY OF VERMONT. 379

jected to the common danger, fatigue, and suf-
ferings, which attend the forming of new settle-
ments. Feeling every moment their own wants
and dangers, they are led by their situation, to
assist each other in their difficulties and danger.
The traveller finds among them, all the relief
their circumstances will enable them to afford
him : And before they are able to erect houses
for public entertainment, the stranger is swre to
find the best accommodations, the situation of
private families will admit. This hospitable
disposition seems to be universal, m all the
new settlements : And the unfortunate and poor
man finds a relief from it, which he never ex-
pects to find among a more wealthy people.
No custom was ever better adapted to afford re-
lief to an individual, or to promote the advantage
of the state. A beggar or robber is scarcely
ever to be seen in a country, where there is no-
thing to be ©btained by the business. The poor
find their relief in labor, and not from a multi-
plicity of laws, which extract large sums from
others, but afford little relief to them : And
from the profits of their labor, they will soon
^ease to be in distress. Those that appear ta
be objects of distress, are generally such in re-
ality : And where the public has not been a-
bused by such pretences, few will be exposed
to suffer on such accounts. In such a state of
society, hospitality naturally performs what it
ought to perform : It encourages none in idle-
n«ss and dissipation, but relieves^ those whose
circumstances require relief. It provides only
for those, who cannot find other resources ; and
aims only to put such into a situation, in which
they may support themselves, and be of use to
the public.

5C0 NATtTRAL AND CIVIL

CHAPTER X.

State or Society. Religion : Lnporfancs
of this Principle, Danger of any Control in ity
J&quality of all Denominatio72S, Effect of this
Equality^ Grants and Laws for the Support of
Religion, Extent of Religioits Liberty^ Con-
nexion qfReligio7i with Science a?id Education.

RELIGION is one of those concerns,,
which will always have great influence upon the
state of society. In our original frame and con-
stitution, the Benevolent Author of our Natures,
has made us rational and accountable creatures :
Accountable to ourselves, to our fellov/ men,
and to our God. By putting within us various
appetites, affections, and passions, our creator
has made us animals : By inserting in our na-
tures the moral principles of reason, cqnscience,
and a sense of the Deity, he has made us men ;
that is, rational, moral, and adcountable beings.
These foundations of religion, are so strong and
universal, that they will not fail to have an ef-
fect'upon the conduct of every one : And while
they thus enter into the feelings and conduct of
all the members, thty will unavoidably have a
great influence upon the state and conduct of
society. Nor can society either set them aside,
or carry on the public business without them,
Insteed of this, in one form or another, society
will be perpetually calling in the aids of reli-
gion. When human declarations and evidence
are to receive their highest force, and m.ost sol-
"emn form, or when the most important transac-

HISTORY OF VERjMONT. 381

tions are to be performed, and offices of the
highest trust and consequence are committed
to men, the last appeal vv'ill be to religion, in the
form of solemn affirmation or oath.

The most pure and benevolent system of re-
ligion, which has ever prevailed among men, is
that of Christianity. This religion founded in
truth, and adapted to the nature and state of
man, has proposed for its end and aim, that
which is of the highest importance to men and
to society, universal benevolence, the love of
God and man, or universal virtue. But neither
this, nor any other system of moral truth, can
impart infallibility to men. Whatever infalli-
bility there may be in moral, in mathematical,
or in revealed truths, men may greatly mistake
when they come to explain, and apply th&m :
And instead of being above all possibility of er-
ror, they will find that infallibility belongs only
to the government of God ; and that it certain-
ly is not entailed upon any parties or denomina-
tions of men. Nothing therefore could be more
dangerous, than to allow to any of these denomi-
nations the power to make laws to bind the rest,
in matters of religion. The ruling party would
vote themselves to be the only pure denomina-
tion, they would make the rest contribute to
their support, and establish their own sentimeixts
and practice, as the perfection of knowledge,
wisdom, and religion ; and in this way adopt
measures, which tend to entail all their imper-
fections and errors, upon future ages. The do-
minion of one party over another in matters of
religion^ has always had thiscfi'ect : It has ope-
rated to confirm error, oppress the minority,

382 NATURAL AND CIVIL

prevent the spirit of free inquiry and investiga-
tion ; and subjected men to the most unrelent-
ing- of all persecutions, the persecution of priests
and zealots, pleading- principle to justify their
vilest actions. At the same time, every good
man feels himself bound not to reverence or ad-
mit any such authority in matters of religion.
The obligations of religion are antecedent to,
and more strong than any obligations derived
from the laws of society. The first and the
most important obligation any iiian can feel, is
to obey his Maker, and the dictates of his own
heart. The peace of our minds depends more
essentially upon this, than any other circum-
stance in the course of human life. What then
has society to do in matters of religion, but
simply to follov/ the laws of nature : To adopt
these, and no other ; and to leave to every man
a full and perfect liberty, to follow the dictates
of his own conscience, in all his transactions
with his Maker ?

Th e people of Vermont have adopted this
principle, in its fullest extent. Some of them
are episco])alians, others are congregationalists,
others are of the presbyterian, and others are of
the baptist persuasion ; and some are quakers.
All of them find their need of tlie assistance of
each other, in the common concerns and busi-
ness of hfe ; and all of them are persuaded, that
the government has nothing to do with their
particular and distinguishing tenets. It is not
barely toleration^ but equalitif^ which the people
aim at. Tolcn.tion implies either a power or a
right in one party, to bear with the other ; and
seems to suppose, that the governing party are

HISTORY OF VERMONT. S83

In possession of the truth, and thut all the others
are full of errors. Such a toleration is the most
that can be obtained by the minority, in any na-
tion, where the majority assume the right and
the power, to bind society, by established laws
and forms in religion. The body of the people
in this commonwealth, carr)- their ideas of reli-
gious liberty much' further than thi^ ; tliat no
party shall have any power to make laws or
forms to oblisre another ; that each denomina-
■tion may lay themselves under what civil con-
tracts and obligations they please; but that
government shall not make any distinctions be-
tween them ; that all d«5iominations shall enjoy
equi^l liberty, without any legal distinction or
preemiaence whatever.

Th£ efk!ct of this religious freedom, is peace,
tjuietDCss, and prosperity to the state. No man
is chosen to, or excluded from civil offices, on
account of his particular religious sentiments.
The clerg}* of the several denominations, ha^e no
chance to assume any powers, but among their
own party. The people are under no obliga-
tion to support any teachers, but what they
choose to lay themselves under. And no civil
advantages are to be gained, or lost, by belong'-
ing to one denomination, rather than toanothcfi
The causes and the motives to contention being
thus taken away, there is scarcely any thing left
to influence men to join one denomination rath-
er than another, but belief, sentiment, and con-
science. In this equality of all parties, religious
professions become what they always ought to
be ; not matters of gain, profit, or civil distinc-
tioins ; but mutters of opinion, persuasion,

384 NATURAL AND CIVIL

and conscience : Sentiments and faith respect-
ing the Deity, in which none expect to find the
power of oppressing or ruling over others ; but
the same protection and benefit from the gov-
ernment, which they are at equal expense in
supporting.

The settlement and support of the ministers
of religiofi, has been encouraged and assisted by
the government. The earliest grants of land in
this state, were made by Benning Wentworth^
governor of New Hampshire. This gentleman
was of the communion of the church of Eng-
land. In the grants of land that were made by
him, there were three rights in each township •
reserved for religious purposes : One to the
society for propagating the gospel in foreign
parts ; one for a glebe, designed for the use of
an episcopal clergy ; ; a third for the" first set-
tled minister, intended for his private property,
-to encourage the settlement of a minister in the

O

new plantations. In the grants of townships
which have been made by the government of
Vermont, two rights have been reserved for the
support of the clergy : One for a parsonage, de-
signed for the support of a minister, and una-
lienable from that purpose ; another to become
the property, and designed to encourage the
settlement of the first minister. This right ac-
crues to the first clergyman who is settled in
the town, of whatever denomination he may be.
'i'he salary of the minister ariseth wholly from
the contract which the people may make with
him. These contracts are altogether voluntary :
But when made, by a law passed Qctober 18,
1787, are considered as being of equal force

HISTORY OF VERMONT. 385

and obligation as any other contracts ; but no
persons of a different denomination are obliged
by them. The law has no reference to any
particular denomination, but considers them all
as having a right to make what contracts they
please, with the minister they choose ; and be-
ing of course bound by their own act, to fulfil
their contract. A law designed to confirm the
equal rights of all^ is not subject to the excep-
tions or coniplaints of any p^irty.

No embarrassments h iV'e attended any of the
grants of land, which have been made for reli-
gious purposes, but tho.se designed for a glebcj
and those made to the society for propagating
the gospel in foreign parts. In most of the
towns there' are not any persons of the episco-
pal persuasion, nor any incumbent to have the
cvire of the glebe lots. The societ}' for propa-
gating the gospel in foreign parts, have not con-
cerned themselves about the lands, which were
granted to them. Both these rights have re-
mained unimproved and uncultivated, except
where individuals have gained possession of
them ; and it has been a disadvantage to the
State, to have such tracts of land lying waste.
It has been repeatedly a matter of consideration
in the general assembly, what ought to be done
■with these lands. Instead of coming to any
decision upon the matter, in October, 1787,
the general assembly passed an act, authorising
the selectmen of the several towns, to take care
of and improve the glebe and society lands, for
the space of seven years j and to apply the in-
comes to the improvements of the lands, those
«?KcJ^ted, which were in the possession of an
VOL. II Z 2

m NATURAL AND ClVlL

episcopal minister. This hnv has been but lit-
tle attended to, and is not at all competent to
the improvement of the lands, or to render them
beneficial to the state, or to any valuable pur-
pose. In any view of the matter, these lands
ought not to be suffered to remain useless, and
detrimental to the state. If the society for pro-
pagating the gospel in foreign parts, had made
such an assignation of them, as would have ser-
ved to promote religious instruction and knowl-
edge, the people would have had the benefit
that was intended by the grantor. Jf this be
neglected an unreasonable time, it becomes
the duty of the legislature, to prevent their re-
maining a public disadvantage to the state, by
continuing uncultivated and useless. [1806]
By exempting these lands from all rates and tax^
es, and at times passing laws to appropriate
them to their own benefit and advantage, the
legislature of Vermont have preserved them in
a state of uselessness and litigation. Had the
state done nothing with them, but left them un-
touched, and without an exemption from taxes,
to which they justly are, and ought to be sub^
ject, all difficulties and controversies about thenn
would have long ago ceased; they wouldhave been
employed for the purpose, for which they were
originally granted, or been in a situation, like
other lands, to bear part of the burdens of the
state. At present, they are of no use to any
body ; and the assembly are frequently passing
laws about them, which the federal courts with
great justice and equity, declare to be unconsti-
tutional and illegal.

The principles of religious liberty, are as-

HISTORY OF VERMONT. 387

serted in their fullest extent, in the constitution
of Vermont. In the declaration of rights, there
is a clause which seems to be adequiite to the
subject, and clearly expresses the religious rights
of the people. "Nor can any man be justly
deprived or abridged of any civil right as a citi-
zen, on account of his religious sentiments, or
peculiar mode of religious worship ; and no au-
thority can, or ought to be vested in, or assum-
ed by any power whatever, that shall in any case
interfere with, or in any manner control the
rights of conscience, in the free exercise of re-
ligious worship."* In the plan of government
formed in 1778, and revised in 1786, a religious
test was imposed upon the members of the as-
sembly, inconsistent with the above declaration :
In the late revisal of the constitution (1792) this
imperfection has been done away ; and religious
liberty has acquired a complete establishment,
by a declaration that " no religious test shill be
required of any member of the legislature."!

A greater attention to the liberal arts and sci-
ences, would be of great advantage to the reli-
gious and civil interests of the state. The peo-
ple of Vermont have not the advantages for the
education of their youth, or the improvement of
knowledge, which the people in the other states
have. The disadvantc^p-es and dan^-ers, wliich
arise for want of literary institutions, are greater
than they were aware of. The religion of ig-
norance, will either be, infidelity, or supersti-
tion ; and it often produces an unnatural mix-
ture of both, greatly unfavorable to the moral,
and civil interests of nien. When foily, in its
' own view, is become infallible and sacred, it

* Declaration of rights, Article III.

?Ua or fiamc of government, Section V.

388 NATURAL AND CIVIL,

opposes with obstinacy, all improvements in
society ; and requires, with a peculiar insolence
the submission of all other men, to its own
weakness and bigotry. The only remedy for
the difficulties which arise in society, from this
cause, is the increase of knowledge and educa-
tion. And where society is destitute of the
means and institutions, which are requisite to
promote knowledge, it is without one of its
most essential advantages ; the means of her
own cultivation, and improvement.

The education of children for the common
business of life, is well attended to. But the
customary methods of education lor the profes-
sions of divinity, law, or physic, are extremely
deficient 5 and do not promise either eminence,
or improvement. The body of the people seem
to be more sensible of this defect, than profes-
sional men themselves. P>om the first assump-
tion of the powers of government, the assembly
had in contemplation, the establishment of an
university in the state ; and with this view, re-
served one right of land in all the townships
which they granted, for the use of such a sem-
inary. In November, 1791, the legislature
passed an act establishing the university at
Burlington, upon a liberal, catholic, and judi-
cious foundation. It has not, as yet, entered
upon the business of instruction. If it should
be furnished with able and judicious instructors,
by extending the benefits of education, and pro-
moting an attention to the arts and sciences, it
would greatly assist the intellectual and moral
improvementof the people: These improvements
are of essential importance to men, in every

HISTORY OF VERMONT. 389

stage of society ; but most of all necessary, when
they are forming a new state.

[1806.] In the year 1800 a college was al-
so established at Middlebury in this state, an
account of which was given in the political pro-
ceedings of that year. Both of these colleges
have now a president, tutor, and other instruc-
tors. They have also laid the foundations of a
library and philosophical apparatus. Several
young gentlemen have been already educated
at these colleges, and the number of students
have been increasing. The same books, course,
and method of instruction, have been adopted in
these seminaries, as are in use in the other New
England colleges.

There are also three medical societies, es-
tablished by law, in the state. The members
consist of the most judicious and able practi-
tioners of the profession ; the business of their
meetings is to improve themselves, their profes-
sion, and the methods of medical education.

The time however is not come, v/hen sci-
ence is to appear in her highest dignity and
glory. She is not yet seen in Vermont, pursu-
ing her inquiries by astronomical and philosoph-
ical observations, by physical experiments, chy-
mical processes, botanical collections, or ana-
tomical dissections. Serious attempts are not
yet made to introduce the substantial aids and
ornaments of an astronomical , observatory, a
chamber of experimental philosophy, a museum
of natural history, a botanic garden, or medi-
cal schools for anatomy, surgery, chemistry, or
the materia medica. With the increasing
uealtb, population, and improvement of the

$9Q NATURAL AND CIVIL

state, we may rationally expect that science wiU
put on a more dignified and lovely aspect,*

* Itmavbeof ufe to preferve the geographical cbfervations, which
have been made in thi» part of the country. Tiie following are the Lat-
itudes of fuch places, as have been determined by aftronotnlcal obf.ivations;
ind they arc ail which I have b:ea able lo collect.

*> m. St
Latitude of the foiith lice of Vermont at Hlnfdale, ^s — ^3- ^g

The fouch end ot lake George, 43 — 16—12

Rutland, 43—3^

Crown Point, 43 — 50 — 7

Burlington, court houfe, 44 — 29 — 9

Windmill Poiat, 44 — 57 — 18

Point au Pine 44~"5^ — 4^

Moore's Point, 45 — O — o

Heputed north line of Vermont, at the eaft bank of lake

Meiriphreiriagcij. 44"~ 53 — 4^

^leputed north line of Vermont, at the [Donuniect oa

the wtft baak oi Caonccticut rirer, 44— 47—59

HISTORY OF VERMONT. 5^1

CHAPTER XL

State of Society. Nature of the ylhieri-
can Government. Constitution of Vermonty
Laws^ Coufities and Courts^ jinfiual Expense
of Government, Public Revenue^ Militia^ Pop-
ularity of the Government.

Nature of the American GovERi^MENTi
THE object and the principle of gov-
ernment is the same, in every part of the United
States of America. The end or the design of
it, is the public business ; not the power, the e-
molument or the dignity, of the persons employ-
ed, but only that public business which concerns
either the whole federal territory, or some par-
ticular state. The principle on which all the
Ameri(:an governments are founded, is repre-
ssntaiion. They do not admit of sovereignty,
nobility, or any kind of hereditary powers ; but
only of powers granted by the people, ascertain-
ed by written constitutions, and exercised by
representation for a given time.

Governments founded on this j5rinciplej
do not necessarily imply the s?,n\Q form. They
do not admit of monarchy, or aristocracy ; nor
do they admit of what was called democracy by
the ancients. In the ancient democracies the
public business was transacted in the assemblies
of the people : The whole body assembled to
judge and decide, upon public affairs. Upon
this account, the ancient democracies were found
to be unfit, and inadequate to the government
of a large nation. In America this difficulty

S92 NATURAL AND CIVIL

never occurs : All is transacted by reprcsenta •
tion^ Whatever may be the number of the
|)eople, or the extent of the territory, rcprc-
seutation is proportioned to it ; and thus becomcii
txpressive of the public sentiment, in every part
o'' 'hi uiiion. Hence the government in different
ft 'tes,thoughchicfly republican, varies in its form;
< nmittinj^ more or less power to a governor,
J'" nate, or house of representatives, as the cir-
cumstances of any particular state may require.^
As each of these branches derive their whole
P'>".vcr from the people, are accountable to them
for the use and exercise they make of it, and
iii.iy be displaced by the election of others ;
the security of the people is derived not from the
nice ideal application of checks, balances, and
iTi. chanical powers, among the different parts of
the governraent : but from the responsibility/
and dependence of each part of the government,
upon the people.

This kind of government seems^ohave had its'
iorm and oriofin, frem nature. It is not derived
from any of the histories of the ancient repub-
lics. It is not borrowed from Greece, Rome,
or Carthage. Nor does it appear that a gov-
ernment founded in representation ever was a-
dopted among the ancients, under any form
whatever. Representation thus unknown to the
ancients, was gradually introduced into Eu-
rope by her monarchs ; not with any design to
favor the rights of the people, but as the best
means that they could devise to raise money.
The monarchs who thus introduced it, with a
view to collect money from the people, always^
taok care to check it when it ventured to exa-

HISTORY OF VERMONT. 595

hliiie the origin and extent of the privileges of
the soviereign, or. of the rights of the people.
Ill America every thing tended to introduce^
and to complete the system of representation.
Made equal in their rights by nature, the body
of the people were in a situation nearly similar
tvith regarl to their employments, pursuits, and
views. Without the distinctions of titles, fami-
lies, dr nobility, they acknowledged and rever-
enced only those distinctions which nature had
made, in a diversity of talents, abilities, and vir-
tues. There Were no family interests, connex-
ions, or estates, large enowgh to oppress them.
There was no excessive wealth in the hands of
a few, sufficient to corrupt them. Britain tried
in vain to force upon them a government, at
first, derived from the decrees of her parlia-
ment ; afterwards, from conquest. Nothing
remained for such a people, but to follow what
nature taught ; and as they were too numerotis
to attempt to carry on their governments in th"e
form of the ancient democracies, they naturally
adopted the system of representation : Every
where choosing representatives, and assigning
to them such powers as their circumstances re-
quired. This was evidently the system of gov-
ernment, that nature pohited out : And it is a
system that has no where been suffered to pre-
vail but in America, and what the people were
naturally led lo by the situation in which provi-
dence had placed them. The system of gov-
ernment then in America, is not derived froni
superstition, conquest, military power, or a^pre;*
tended compact between the rulers and the peo/
pic ; but it u'as derived from nature and reason ;
VOL. II AS

^4 NATURAL AND GIVIli

And is founded in the natiirej Capacities, and
pdwers, whith) God hath assigned to; the race c^f

, ALt thQ, parw)?r that -stic^. governments can
h^vej is derived from the p^tbUc opinion. The
body of the people, while they remain industri-
ous and economical, will be steadily attached to
the public interest, which will entirely coincide
with their own* They will more readily dis-
cern what their interest is, and be more steadily
attached to it, than is to be expected from men
who are placed in offices of honor and profit.
The public opinion will be much nearer th^
truth, than the reasonings aod refinements of
Speculative or interested men : The former
will be founded wholly in a desire, and aim, to
promote the public safety ; the latter will be
unavoidably more or less governed, by private
views, interests, and aims : And when the gov-
ernment has the general opinion of the people
to support it, it can act Vvith the greatest force
and power j that is, with the collected force and
power of the whole nation : And this is the
greatest force that ever can be exerted by any
government, in any situation whatever. Des-
potism never . acquires a force equail to this.
When a whole nation unite, and the public spirit
moves and operates in the, same direction, noth-
ing can withstand its force, and the powers of
despotism, with all their star.dilig troops and re-
gular armies, fall before it. it is only when the
public sentiment and spirit is thus united, and
bfrought into action, that government has ac-
quired, or is able to exert the whole force of the
national poNver. With this strength, the gov-

HISTOIiY PF VERiMONT. 39$

ernments of' America amidst every kind of diP-
ficulty, rose superior to all opposition ; firmly^
established theniselves, in fifteen different states ;
and gave uncommon vigor and efjicacy to a
federal establishment, which was designed and
adapted to manage the public business of the
whole system.

But whatever be the forrn or the .power pf
government, it cannot attain its greatest per-
fection, unless it contains within itself, the means
of its own improvement. The men of civiiizeij
countries, are making gradual and constant im-
provements in knowledge, in the sciences, and
in all the arts by which life is made more ^se^
cure and happy. Hence, that form of govejria-
ment which was best suited to their state in one
stage of society, ceases to be so, in another :
And unless the government itself improves, with
the gradual improvement of society, it will lose
much of its respectability, and power ; become
unsuited to the state, and injurious to the peo-
ple. Despotism has always contemplated the
body of the people, as mere mob ; and has
aimed and operated to keep them in that situa*
tion. To governments founded in this princi-
ple, the improvement of mankind proves fatal
and destructive : And there is nothing, such
governments are more anxious to prevent, than
knowledge, property, and improvement, in the
body of the people. Built upon the rational and
social nature of man, the American government
expects to find its surest support, and greatest
duration, in the gradual improvement, in the
encreasing knowledge, virtue, and freedom, of
the human race. The present government of

396 NATURAL AND CIVIL

America, is therefore proposed to her citizen^^
pot as the most perfect standard of what man
can ever attain to, but only as the best form,
which we have as yet been able to discover :
Not as a form, which is to bind our heirs and
* posterity forever, but as a form which is refer-
red to them, to alter and improve, as they shall
find best. Upon this idea, it is one of the con-
stituent and essential parts of the American
government, that conventions shall be called at
certain periods of time, to alter, amend, and im-
prove the present form and constitution of gov-
ernment ; as the state, circumstances, and im-
provements of society, shall then require. Thus
provision is made, that the improvement of
government, shall keep pace with the improve-
ment of society in America. And no policy
would appear more puerile or contemptible to
the people of America, than an attempt to bind
posterity to our forms, or to confine them to
our degrees of knowledge, and improvement :
The aim is altogether the reverse, to make pro-
vision for the perpetual improvement and pro-
gression of the government itself.

As this kind of government is not the same
as that, which has been called monarchy, aris-
tocracy, or democracy ; as it had a conspicuous
origin in America, and has not been suffered to
prevail in any other part of the globe, it would
be no more than just and proper, to distinguish
it by its proper name, and call it. The American
System of GovernmeTit.

Constitution of Vermont. The gov-
ernment of Vermont is of the same nature, and
founded upon the sanie principles, as the other.

HISTORY OF VERMONT. 397

governments in the United States. By their
constitution, formed in 1778, and revised in
1786, and 1792, the supreme legislative power
is vested in a house of representatives of the
freemen. Every town has a right to choose a
representative, on the first Tuesday of Septem-
ber annually. The representatives so chosen,
are to meet on the second Thursday of the suc-
ceeding October, and are styled The General
Assembly of the State of Vermont. They have
power to choose their own officers ; to sit on
their own adjournments ; prepare bills, and en-
act them into laws ; they may expel members,
but not for causes known to their constituents
antecedent to their election ; impeach state
criminals ; grant charters of incorporation, con-
stitute towns, boroughs, cities, and counties ;
in conjunction with the council they are annual-
ly to elect judges of the supreme, county, and
probate courts, sheriffs and justices of the peace ;
and also with the council, may elect major gen-
erals, and brigadier generals, as often as there
shall be occasion : They have all other powers
necessary for the legislature of a free and sover-
eign state : But have no power to add to, alter,
abolish, or infringe any part of the constitution.
The supreme executive power is vested in a
governor, or lieutenant governor, and a council
of twelve persons, chosen by the freemen, at the
same time they choose their representative.
The governor, or the lieut. governor and coun-
cil, are to commission all officers ; prepare such
business as may appear to them necessary to lay
before the general assembly : They are to sit as
iudges to hear and determine on impeachments.

398 NATURAL AND CIVIL

taking' to their assistance, for advice only, the
judges of the supreme court. They have pow-
er to grant pardons, and remit fines, in all cases
whatsoever, except in treason and murder, iri
which they have power to grant reprieves, but
not to pardon until after the end of the next ses^
sion of assembly, and in cases pf impeachment,
in which there is no remission or mitigation of
punishment, but by act of legislation. They
may also lay embargoes, or prohibit the expor-
tation of any commodity, for any time not ex-
ceeding thirty days, in the recess of the house
only. The governor is caj:)tain general and
commander in chief of the forces of the state,
but shall not command in person, except advis-
ed thereto by the council, and then only so long
as they shall approve : And the lieutenant gov-
c -nor by virtue of his office, is lieutenant gen-
eral of all the forces of the state.

That the laws before they are enacted may
be more maturely considered, and the incour
venience of hasty determinations as much as
possible prevented, all bills which originate in
ihe assembly are laid before the governor and
council for their revision and concurrence, or
proposals of amendment ; who return the same
to the assemi:ily with their proposals of amend-
iiicnt (if any) in writing ; and if the same are
not agreed to by the assembly, it is in the pow-
er of the gover!\or and council, to suspend the
passing of such bills, until the next session of
the legislature.^ But no negative is allojMed.lQ
the governor and council.

The formers of the constitution were .a\MJre
that the plan of government, -.\vbich they had

HISTORY OF VERMONT. 599

drawn up, would not be adequate to the afiairsr
of government, wheii the stiite of the people
should become different, but must necessarily
vr.ry with it : And they wisely made provision
to have the whole examined and revised, at the
end of every seven years. The provision they
made for this purpose was a Council of Censors^
to consist of thirteen persons, to be elected by
the people every seventh year, on the last
Wednesday in March ; and to assemble on the
first Wednesday in June. The duty assigned
to them, is to inquire whether the constitution
has been preserved inviolate in every part ;
whether the legislative and executive branches
of government have performed their duty, as
guardians of the people ; or assumed to them-
selves, or exercised other or greater powers,
than they are entitled to by the constitution ;
tvhether the public taxes have been justly laid,
and collected ; in what manner the public mon-
ies have been disposed of ; and ^vhether the
laws have been duly executed. Powers fully
competent to these purposes, are committed to
them. They may send for persons, papers and
records : They have authority to pass public
censures, to orv ^er impeachments, and to recom-
mend to the legislature the repealing such laws,
as shall appear to them to have been enacted
contrary to the principles of the constitution.
These pov/ers they may exercise during the
space of one year, from the time of their election ;
and they may call a con\-ention to meet within
two years after their sitting, if they judge it
necessary.
Jn examining a constitution of governmentj-

400 NATURAL AND CIVIL

the most capital circumstance to be taken into
consideration, is, the condition and circumstan-
ces of the people, or the state of society among
th'^m. At the first assumption of government
in Vermont, the form of it differed but little
from the democracy of the ancients. From that
period, it has been constantly tending to give
more poner to the house of representatives.
But it is found by experience, that in so popu-
lar a government, nothing is more necessary
than some provision, like that of the council of
censors, to have all the public proceedings re-
vised at certain periods of time ; and such al-
terations made in the constitution, as time,
events, or the circumstances of the people may
require. As the state of society is progressivcj
there is no way to have the government adapted
to the state of society, but to have the govern-
ment also progressive ; that both m:ay admit of
the improvements, that are gradually made in
human affairs. Vv'"ith this provision, a consti-
tution of government which contains many faults;
will gradually mend and improve itself, without
being forced to the dangers and convulsions of
a revolution : And it seeiws to be the only pro-
vision which human wisdom has yet found, to
prevent the interposition of such calamities.
[I8O63 The benefits which were expected from
a council of censors, have not taken place ; and
impartiality requires us to acknowledge, that
from the experience of thirty years it does not
appear that the plan is adequate to the object;
The council of censors is not, and probably
cannot be elected, with the information and wis-
dom, which the plan supposes. They arc

HISTORY OF VERMONT. 401

generally chosen from the nomination and influ-
ence of the prevailing partj^ in the legislature,
and for purposes which they wish to have ef-
fected. When the council comes together,
they seldom discover the information, impar-
tiality, independence, or application, necessary
to review and improve the proceedings of the
legislative and executive branches of govern-
ment. Their proceedings have often been
viewed, as marked with prejudice, partiality,
contracted views, and want of comprehension.
The assembly often pay but little regard to their
decisions, and the people still less ; and it is be-
come the general opinion, that little advantage
is to be expected from an institution, which has
hitherto appeared inadequate to the object.
Time and experience vvill determine what is
wanted in this part of our constitution.
, Laws. So much of the common law of
England as is not repugnant to the constitution jj
or to any act of the legislature, is adopted as
law within this state : And such statute laws,
and parts of laws of the kingdom of England
and Great Britain, as were passed before the
iirst day of October, 1760, for the explanation
of the common law, and are not repugnant to
the constitution, or some act of the legislaturCj,
and are applicable to the circumstances of the
state, are also adopted and made law in Ver-
inont. The criminal law of Great Britain seems
to be adapted only to a very degraded, vicious,
and barbarous state of society. No less than
one hundred and sixty crimes are punishable by
death. Sangiiiiiary laws and executions have
there made death so coumion and familiar, that

VOL. II B 1

40^ NATUl^AL AND CIVIL

it seetiis to have become one of tho^.e comTtioni
occurrences, which is constantl)^ to l)e expected,
and is very little regarded. Several of the pun-
ishments, in the contrivances of their cruelty,
are fully equal to any thing that has ever been
perpetrated by the Indians of America : In bru-
tal rage and inhuman torture, the punishment
assigned to high treason, fairly exceeds any
thing the Indian genius could ever conceive.
Such a code of criminal lavv is wholly unfitted
to the un corrupted state of the people in Ameri*
ca ; nor would they in any part of the continent,
be persuaded to admit it. Instead of one hun-
dred and sixty, there are only nine crimes, to
which the laws of Vermont have assigned the
punishment of death : And since the first as-
sumption of government in 1777, there has not
been any person convicted of any of these
crimes. Vi^hat relates to the internal affliirs of
'government, the regulations necessary for a new
country, or such as are suited to our particular
state of society, are provided for by statutes
made for such particular cases and purposes.
To form a code of laws suited to the state of a
large nation, has been justly esteemed the most
difficult part of government. It does not appear
that human wisdom has ever been able to eifect
this without great errors, in any part of the
earth. If it is to be obtained, the particular
states of America have now a fair opportunity to
make the experiment, how far human wisdom
can proceed at present, in eff>:icting this arduous
but most important attainment.

Counties and Courts. For the more
convenient administration of justice, the state

HI^TQ^^ QF yj^RMONT. 4Q5

is diyided into twelve, counties, viz.

Counties. County Towns.

7> • , '(Bennins:ton.

Bennmgtm, J Manchester:

Windham^ Ne^ifane.

yjy-. J ^Windsor.

mndsor, [Woodstoct.

Rut land f Rutland.

Orange^ Newbury.

Addison, Middlebury.

Chittenden^ Burlington.

Caledonia, Danville.

Essex ^ G u ildhair.

Franklin, St. Albans.

Orleans, Brownington,

Grand Isle, North Hero.

In the four last counties, courts are not to be
holden until the first day of October, 1796. In
t|ie. other counties there are probate courts, jus-
tices' courts, county courts, a supreme court,
and a court of chancery.

The justices of peace in each county are an-
nuall}' nominated, and appointed by the general
assembly : lliey are of course the same persons,
as the members of the assembly from each
county, with the addition of a few others. They
have power to try and determine all pleas and
actions of a criminal nature, where the .fines
apd forfeitures are within the sum of forty shil-
lings, and the corporal punishment shall not ex-
ceed ten stripes. They may also try and de-
termine all pleas and actions of a civil nature
(other than actions of defi>.mation, replevin,
trespass upon the freehold, and v\'here the title
of land is concerned) where the debt,' and other
matter i\\ demand, does not exceed the sum of

404 NATURAL AND CIVIL

four pounds ; and also determine on all special-,
ties, notes of hand, and settled accounts, not
exceeding the sum of eight pounds. They
may also bind over to be tried by the county or
supreme court, all criminal offenders, the enor-
mity of whose misdemeanor surpass their pow-
er to try. No judgment rendered by a justice
of peace, can be reversed by writ of error : But
appeals are allowed to the next county court, in
all cases where the judgment for debt or dama-
ges, shall exceed the sum of forty shillingSo

In each county there is also a county court ;
consisting of three judges, who are also animal-
ly appointed by the assembly. The county
courts, within their respective counties, are to
take cognizance of all criminal matters of every
name and nature (except such cases as are cog-
nizable only in the supreme court, or before a
justice of the peace) and award sentence. But
any person prosecuted for a criminal offence,
may appeal from the judgment of a county
court, to the next supreme court. All actions
and causes of actions of a civil nature (except
such actions as are made cognizable soltly be-
fore the supreme court, or justices of the peace)
must be originally commenced, and prosecuted
to effect in a county court.

The supreme court of judicature consists of
three judges, to be annually chosen by ballot,
by the governor, council, and general assembl}',
at their October session. This court has cog-
nizance of all pleas of the state, criminal actionsi
and causes, and whatsoever relates to the con-
servation of the peace, and punishment of
offenders ; and also of civil causes or actions
feetvyeen party and party, and between the state

HISTORY OF VERMONT^ 405

and ^ny of its subjects, whether the same be
brought into said court by appeal, writ of error,
or in any otlicr legal \vay whatsoever. The sur
preme court has ori,ainal exclusive jurisdiction
of the crimes of adultery, polygamy, and all
capital felonies, of treason, misprison of treason,
counterfeiting the currencies of the state, and
every species of forgery, perjury, subornation
of perjury, incest, rapes, defaming the civil au-
thority of the state, and ail other crimes and mis-
demeanors, where a fine or penalty is going to
the state treasury, or where the punishment ex-r
tends, either by comnaon or statute law, to the
loss of life, limb, or banishment. The supreme
court begin their circuit in Bennington county,
pn the first Tuesday in August ; from thence
\t proceeds to Rutland, the next adjacent counr
ty, beginning the session there on the second
Tuesday in August ; and in this order pro-
ceeds through all the counties in the state, be?
ginning the session in the next county, oi^
the succeeding Tuesdays, until they have
finished the circuit in seven weeks at Windr
ham county : And it is left to the chief
justice, to call a special court, where the
exigencies of government shall require it.
[18063 Since the above 'arrangements were
inade, the judges have been directed to have
sessions of the supreme court, in some of the
new counties. A different order has been es-
tablished as to the times, and places, of holding
the courts ; and it is probable, that these will
vary in future, as the convenience of the people
and of the judges may require.

A court of chancery is also constituted in the
f tate of Vermont ; to be holden in the several

406 NATURAL AND CIVIL

counties within the state, at the several times
and places appointed by law for holding the su^
preme court of judicature. The judges of the
supreme court, are constituted judges or chan-
cellors of the court of chancery. They have
aH the powers, usually exercised by that court
lr\ the kingdom of Great Britain, and in the
neighboring states, and not repugnant to the
constitution. The manner of process in this
court, is to be governed and regulated by the
judges ; conforming, as near as n^ay be, to the
rules and precedents established in the courts
of chancer}', in the kingdom of Great Britain.

An'nual, Expense of Government.
The annual expense of the government is gen-
erally about thirty two or thirty three hundred
pounds. In the year 17,92, the several articles
of it were these,

The 2:overnor's salary. -f.loO 0 0.

Lieutenant governor's fees fori
attending council, fifteen shillings
per day.

Coi\ncillors! fees for attending
council, seven shillings per day.

Representatives' fees for atten-
ding the general assembl}'^, six
shillings per day. i 1196 9 0

Secretary of state's fees for at-
tending the general assembly,
twelve shillings per day.

Secretary of couvicii's fees for
attending the cou,nci]„ nine shil-
lings per day.

Officers attending the general
assembly, sheriff,', auditor of ac-
counts, chaplain, &,€,. six shillings j
per day, ' j

MiStORY 6f VERMO"^ ''^^

Chief justice of the Supreme!
courtj while on the circujt, qhe I
jj6ii!l'd seven shillings per d^^ay. » ^^^^ ^

T'vo assistant ju''g:':s, dneponnd i
"2 shillings per day ; orders drawn |
on the treasury by the sup. court, j

Treasurer^ salary, liS 0 0

Occasional expenses. Orders
drawn on the treasury, by the au-
ditor of accounts. 449 14 3

Total expense from October 1, '-

1791, to October 1, 1792. £. 3,219 9 9

These are the constant and annual expenses
attending the government, and do not greatly
differ in different years : But as the number of
representatives is annually increasing, the pub-
lic expense is annually increasing on that ac-
count. There are other expenses which arise
almost every year, which are of an occasional,
and contingent nature. Of this kind are com-
missioners for public purposes, the council of
censors, conventions, &:c. As these are only
for some particular or occasional purpose, the
expense varies with the occasion ; and they
cannot be estimated among the annual charges
of government, ''I'hc whole expense then of
govertiment, from October, 1791, to October^

1792, amounted to three thousand two hundred
and nineteen pounds, nine shillings, and nine
pence. If this sum be divided among the in-
habitants of the state, as determined by the cen-
sus taken in 1791, it will amount to but nine
pence, or the eighth part of a dollar, for each
person. This is the -sum that each persori in

46^ NATURAL AND CIVIL

Vermont pays for the protection of his person,'
property, and the advantages of a free govern-
inent. I believe there is not any part of the
civilized world, in which the inhabitants enjoy
the blessings of government, at so small an ex-
pense.

Public Revenue. The revenue of the
state ariseth wholly from the public taxes. For
Some time aRer Vermont had assumed the pow-
ers of government, very considerable revenues
arose from the unappropriated lands : But as
fhese lands are almost ail appropriated, no fur-
ther incomes can be derived from this sourcco
Commerce, in an inland country, can never be
attended with any considerable revenue. The
only source that can be found is taxation. Iii
the year 1791, the whole list of taxable proper-
ty of the state, amounted to £'.324,796 IS 10,
The prices at v/hich the listers were directed to
estimate the improved lands, and cattle, were
scarcely one half of the current prices of those
articles ; the estimate therefore in the list, could
hot amount to one half of the real value of the
ratable property, of the state. After making
abatement upon this list of £'. 1,1 16 8 Oforthc^
twofolds, a tax was voted of two pence half
penny, upon the pound ; amounting' to £'.3,371-
i4 0. The expense of collecting this rate, al-
lowed by law as fees to the collector, is a fifti-
eth part : And a further abatement is made for
the benefit of the poor, of a twentieth part.'
These abatements being deducted, the sum the
government receives is £'. 5, 135 14 0. With
the addition of £".83 to this small sum, was
the whole expense of governmentj, among eigh-

HISTORY OF VERMONT. 409

ty six thousand persons, defrayed in the year
1792. ir this be compared with the expense
(3^ government in Europe, the difference will be
fojimd to be infinite : The babe of a monarch,
will cost a nation there, thirty or forty times the
sum.

It oui^ht also to be recorded,. for the benefit
and- P^niembrance of the people of America,
For tliis is the place, where a corrufltion in gov-
ernment, always makes its first appearance.
Reasons and causes are easily found, to increase
the number of public places and offices .• And
t]v>se who^ are in power, and derive their liv-
ing from the public, will compute the honor
and dignity of the government, by the sums of
public money which are allowed to them. The
progress has ever been certain, gradual, and
regular ;- from small beginnings, to the utmost
extreme of luxury, and dissipation, that the na-
tional wealth could supply. It would be almost
a miracle, if public affairs should not assume
ihe same aspect and course, in America. If it
is prevented, it will not be by government : It
can alone be done by the virtue, the knowledge,
the economy, and the public sentiment of the
people.

In examining the annual expense and reve-
nue of the government at this period, 1806, the
tesult is favorable to the peopte, and evidential
af tile economy and virtue of republican gov-
ernment. The several articles of expense^ as
stated iu the treasurers report to the assembly,
"Were these : ^•

+. Journal of the asicmbly. for the year i8c6. p. 68, 60.

toL. II Q 3

410 NATURAL AND CIVIL

•1806. Cash paid the deben-
ture of the general assem-
bly, and the contingent ex- Dot. Cts*
penses of the last session. * 11,954 88
Cash paid the debenture of a
special session of the gov-
ernor and council, in May,
1805. 102 38
Cash paid the salaries of the

supreme court for 1 year. /).2,800
Deduct for cash paid by the
sevei-al clerks, for fees in
civil causes. 991 43. 1,808 57

Cash paid the several state's

attorneys. 640 04

Cash paid for supreme court

orders. 3,062 96

Cash paid for auditor**s orders, 2,740 67

Cash paid for wolf's certifi-
cates. 650 00
paid for special acts of

the general assembly. SIO 71

paid the electors of pres-
ident and vice presi-
dent. 45 96
paid the governor's sal-
ary. ' 750 00
paid the treasurer's sal-
ary. 400 00

22,966 17
<Tnis sum is but a little more than double of
whit the expenses of government amounted to,
in the year 1791. If it be divided among the
inhabitants of the state, by the number of peo- i
pie, as determined by the census of 1800, it

HISTORY OF VERMONT. 411

will amount to but fourteen cents for each per-
son. The sum then which each individual pays
in the state of Vermont, for the blessings of ci-
vil government, is scarcely any more than it
was fifteen years ago. Notwithstanding then
the increase of representatives, saLirics, and oth-
er unavoidable articles of public expense, the
economy of the governnient has not abated ;
no degree or appearance of corruption hiis ta-
ken place in it ; but the public economy yet
remains highly deserving of praise, and worthy
of future imitation

While a careful attention has been paid to
the public expense, the public revenue has
also been increased, and preserved. In the
year 1791, the grand list stating the ratable
property of the state, amounted to 1,082,656
dollars and 47 cents. This list became doubled,
ill 9 years ; and in 1806, amounted to 2,738,538
dollars. On this list the 1-egislatiire voted
a tax of one cent on the dollar for the expenses
of the ensuing year ; and on September the 5th,
when all the expenses of the preceding year had
been paid, there remained in the treasury,
21,031 dollars, and 30 cents, to meet theexpense
of the ensuing session of the legislature, and
other charges against the government. In this
management of the public expense and revenue,
we behold a political phenomenon, greatly fa-
vorable and honorable to republican govern-
ment.

Militia. The military force of the state
consists of all the able bodied rnales, from eigh-
teen to forty five years of age ; with such ex-
ceptions as are customary in the other states.

412 NATURAL AND CIVIL

The men are required by law to provide them-
selves with such arms as are used in times of
■war, when in actual service. They are divided
into companies, regiments, brigades and divi-
sions. The companies elect their cjiptains and
subalterns. The captains and subiiterns
appoint the field officers of their res])ective regi-
ments. The brigadier generals, and the major
generals, are appointed by the governor, counr.jl,
and house of representatives. The governor is
captain general and commander in chief, and
with the advice of council, is to arrar-ge the
whole militia into divisions, and brigades ; and
may from time to time, make such nitenitions
as he shall think fit. The whole militia of the
state, is to be reviewed at least oiice in two
years.

In 1792, the state of the militia wss as fol-
lows : Twenty regmients of infantry, divided
into eight brigades, and four divisions : Fifteen
companies of cavalry, and six compriues of ar-
tillery ; the whole computed at eighteen thou-
sand, five hundred.

The staff consists of one captain general, one
lieutenant general, f(jiir major generals, eight
brigadier generals, one udjutant general, and one
commissary general.

It stems to be principally owing to the po-
litical virtue and martial spirit of th.e young
men, that the militia of the stat<:; do yet [18062
make a respectable appearance. It Is customa-
ry for the governor, in almost e^ cry s^peech to
the assembly, to recommend in all the energy
€>f language, an attention to the state of the
militia : And it is cnstomar}- for the assembly

HISTORY OF VERMONT. 41S

In their answer, to thank him much for this part
of his speech ; and to make the common re-
marks, that the militia are '* tlie sure and per-
manent bulwark of national defence ;" that they
ipiist be put into such a state, as to exclude all
pWrejice and plea for a standing arm}' ; and be
at all times able to protect and defend their
countrv. And with this martial arrantrement of

« o

ceremony, the- matter generally ends. If artil-
lery is wanted, if arms are to be procured, or if
the expense of a court martial is to be defrayed,
indi\iduals must bear the expense ; the legisla-
ture will not afford any aid. 'I'he unmilitary,
fensininc spirit of the federal c;overnment, has
also operated to damp the spirit of every thin^^
military and energetic. With more sense of
military honor, and widi more attachment to the
reputation and safety of their country, the young
men in many places, retain the spirit of their
ancestors ; take up the business with vigor and
activity, and conduct it with propriety and hon-
or. In opposition to all the discouragements
they receive, the numbers that retain the feelings
of men, and the honor of soldiership is yet res-
pectable. In a return made by the adjutant
general in October 1803, the number of the mi-
litia is stated at 17,574 ; muskets, 7,559, pairs
of pistols, 948, pairs of holsters, 1001, horse-
men's swords, 957.*

The militia of Vermont are a bod}^ of brave,
hardy, robust, and intrepid men. Trained up
to hardship, labor, economy, and hunting, they
have all the qualiiications that tend to ut men
for the military character : Discipline and actual

♦ Journal foi 1803, p. 19. •

414 NA.TURAL AND CIVIL

service, transform them at once, into a body of
excellent troops. In the American war, there
were no better troops collected from any part of
Europe, or America, than the regiments raised
in Vermont. The most brave, hardy, and ro«
bust militia, will always be found among the
inhabitants of new countries.

Popularity of the Government. From
the experience the people have had, of the in-
fluence and operation of the ii!;overnment, they
are not only satisfied with it, but they are very
strongly attached to it. This is the surest way
to judge of all theories, forms, and constitutions
of government. What is written upon paper
respecting government, is no otherwise good or
bad, than as it is applicable to mankind, and
Yivay be beneficial, "or disadvantageous to them.
While government serves to promote the bent fit
and prosperity of the people, the people will be
attached to it. But when the body of the peo-
ple become discontented, and uneasy, it may be
presumed, there'is some capital error or vice in .
the government. During a century and a half,
e^sTry part of America, was under the control of
the kings of Europe. The ministers of the Eu-
ropean courts were perpetually interfering in the
affairs of the colonies, and were persuaded that
the colonists had not wisdom enough to govern
themselves. Through the whole of this period,
ail those parts of America flourished the most,
in which the European monarchs intermeddled
the least : And there was not one spot on the
continent, where the inhabitants were not better
qualified to govern themselves, than the wisest
minister of btute iiv Europe.. The one, perfectly

HISTORY OF VERMONT. 415

well understood their own situation, circum*
stances, dangers and interests ; and were at-
tached to the welfare of the country : The oth-
er, were almost wholly ignorant of the state of
things in America ; and not at all disposed to
promote her interest, any further, than as it
served to advance the interest of the crown, un^
der which they served. This must always l)e
the case, where one people are in so unhappy
and unnatural a situation, as to be under the
government of another. The people of Ameriw
ca have now no restraint, no opposite interest of
a foreign king, and parliament, to perplex their,
government, influence their measures, and op-
pose their interest. They have every where set
up governments for themselves ; and they are
every where flourishing, and rapidly increasing
in their wealth, and numbers : And are not on-
ly satisfied, but they are strongly attached ta
their governments. If there be any certain
marks of a good government, those marks are
the peace, happiness, and prosperity, the in=
crease, and the aftcctioas of the peopico

416 KATURAL AND CIVIL

CHAPTER XIL

State of Society. Pop ulation : Cmv^s on
which this de/wnds, the mean Pet-iod of Human
Life in the Aaierican States, Period ofdoiib-
Img in Fenndtit, comparative Vicxv of Popula-
tion in 7iew and old Cou?itries,

POPULATION depetids upon two
g^ileral causes, itlie origiiial laws of nature, and
the state of society. Li the original coiistitutioa
of animals, the Author of Natui'e has estabhshed
certain laws respecting their increase, and mul-
tiplication, whii.'h cannot be exceeded. These
laws relate chiefiy to the age at which the ib-
male becomes capable of bearing fruit, the
numbers that may. be produced at one birth,
the time that must intervene between one birth
and another, and the age at which the female
will cease to be prolific. The kws of nature
respecting each of these particulars, considered
Aviih respect to the human raet, are much af-
fected by climate ;,and are every where subject
to universal and constant observation. But they
are so far from being, accurately known, or as-
certained, that v.'hoever shall attempt to make a
computation upon cither, or all of them, will
iiad that not one of these periods has .been
•marked by oiiservation ; and that the mean pe-
riod required by nature for these purposes, is
tct unknown in ev( ry country and climate.

The increase of mankind, thus confined
within certain limits by 'nature, is also very
much afixictcd by tlie state of society. The

klStORY OF VERMONT. 417

condition of the body of the people, the ease dt
the difficulty with Avhich they can procure prd-
Jjcrty to mjintain a farhily, the genius of the
civil i^overnrnent, the spirit and regulations of
relii^ion, the numbers employed and the de-
struction occasioned by war, the institutions of
celibacy, with the manners and customs of the
people, may retard or favor population, to a
^reat degree ; and cause it to be very different
in the s.ime climate, and at the same place, at
different times. Both these causes generally
combiiie, and operate together ; and in such a
manner, that we cannot separate their effects ;
or determine how rnuch is to be ascribed to the
law of nature and climate, and what is derived
from the state of society. This difficulty at-
tends.all the tables which have been made of
t>irths, deaths, and marriages. Tables of this
kind have been made for almost every nation in
Europe, and for several places in Americai
They appear to have been the result of accu-
rate observations and calculationo But the re-
sults at different places in the same latitude and
climate, have been so different, that no general
conclusions can be drawn from them, respect-
ing the natural increase of the human race :
They mark w4iat has taken place at a given
time, and place ; but they afford little informa-
tion of what is to be expected, from the general
course of nature, in any particular country, or
climate.
, By the late enumeration of the inhabitants of
the United States of America, a period has beeni
found in the course of human life, above, and
below which the number of the males are nearly*

VOL. 71 D 3

418 NATURAL AND CIVIL

equal. This period is nearly at the age of
srxteen years. Can we not derive some infor-
niciiion, fj'om so remarkable a fact, respecting
the iiicrease and population of the people of the
United States ? And may it not be determined
what must be the operation of natufe, to pro-
duce and preserve this equality of numbers, be-
low, and above that age ?

Let us attempt to compute it upon a given
case. Suppose the v/hole number of people in
one of the states of America, amounted to thir-»
ty two thousand ; one half of which had not at-
tained the age of sixteen, and die other half had
passed this period. At the end of sixteen years,
the whole number will have passed the mean
period, and be found in that number whose age
IS above sixteePj making together thirty twa
thousand. To balance this number, nature
must have produced in the same time, an equal
number whose age will be below sixteen : That is,
during this period of sixteen years, thirty two
thousand must have been born. For every pne
then that has passed the, period of sixteen years,
nature must have produced two ; otherwise the
balance, or an equality in the numbers below
and above that age, could not be preserved.
And this would also be the exact period x)f
doubling the number of the inhabitants.

This must be the operation of nature, if the
subject on whom the calculation was made, had
been invariable, or subject to no diminution.
But this is not the case. Death" is constantly
diminishing the number of those whose age is
above sixteen, and of those whose age is below
sixteen ; aird it diminishes them both, in the

HISTORY OF VERMONt. 419

same proportion. This curious fact is ascer-
tained by a course of observations, made m
several towns in the eastern parts of New Hamp-
shire. At Hampton, an accurate table of deaths,
Avith the age of each person, was kept by the
ministers of the parish, from the year, 1735 to
1791. Similar bills were kept at East Kinyrston,
from 1740 to 1771: At Newmarket, from 1731
to 1770 : At Dover, from 1767 to 1786.* ^Vhe
result of these observations is, that the whole
number which died in those towns, during those
years, was two thousand and ninety eight ; Of
these, one thousand and fifty were under sixteen
years of age, and one thousand and forty eight
above that age. In the result of so long a
course of observations, made in four different
towns, we may expect to find the regular course
of nature, or the natural operation of death, well
ascertained. And they seem fully to have es-
tablished this curious fact, that death has an
equal effect, or is constantly destroying equal
numbers of those whose age is above, and of
those whose age is below sixteen years.

Such is the operation and efflct of death :
And by constantly diminishing the numbers of
mankind, it wiH every where prolong the period
of doubling, beyond the mean period of human
life. But to what degree will it retard this
event ; or to what length of time will it prolong
the period of doubling F It wiii prolong the pe-
riod of doubling, exactly in that ratio, which
the deaths shall bear to the births, in the same
period of time. The bills which were kept in
New Hampshire, do not contain' an accurate

• Belknap's Hift, of New HampOiire. Vol. Ill, p. 2j8— 248.

420 NATURAL AND CIVIL

account of the births, but only of the baptisms ;
and therefore will not serve to discover what
proportion the deaths IJear to the births, in those
towns. But from the bills of mortality, which
have been kept in Massachusetts, it has been
found that the number of deaths, are annually in
a constant and settled ratio to the number of
births. At Hingham, the aged and venerable
Dr. Gay, kept a very exact list of all the deaths
and births 'in his parish, for ihf space of fifty
four years, froui 1726 to 1779, inclusive. The
deaths amounted to one thousand one hundred
and thirteen, the births to two thousand two
hundred and forty seven. '■ At Ipswich, the Rev.
Dr. Cutler, made similar observations for a
•course of ten years, from September 11, 1771,
to September 11, 1781. 'j'he number of deaths
were one hundred and sixty four, the number
of births three hundred and thirty one.* At
Saiem, an accurate and able pliysician and phi-
losopiier, E'. A. Holyoke, M. D. hos given an
exact bill ior the years 17S2 and 1783 : The
deaths were three hundred and sixty four, and
the births seven hundred and two.f in these
numbers wc have the result of a course of ob-
servations carried on in three different places,
during a period of sixt}- six years. The result
of the v»'hole, is, that the deaths were one thou-
sand six hundred and forty one, and the births
amounted to three thousand two hundred and
eighty ; that is, the deaths were to the births in
the ratio of one to two. This is the annual and
constant proportion of death to birth, in the an-

• Memoirs of American Academy, Vol. I. p. jfii.
•f' Jbid. 543-

HISTORY OF VERMONT. 42:^

pient towns, along the sea coast, in Massachu*
setts. The increase of the people therefore
<^erivcd from the births, is annually diminished
one half by the natural operation of death : And
instead of doubling in sixteen years as must
]|iave been the case had no one died, the efftct
occasioned by death, will be, to prolong this
period one half ; instead of sixteen years the
period of doubling will become twenty four.
This will be the period of doubling in all those
places, where the mean age of human lile is
sixteen years, and the ratio of death to birth as
one to two.

From this method of reasoning, I much sus-
pect that the age at which the numbers of peo-
ple are equally divided, will in every country
prove to be the time, which nature requires in
that climate, to produce double the number of
people tliat are then living • That the actual
period of doubling, will in fact be retarded in
^xact proportion to that, which the deaths bear
to the births : And that this ratio will very
nearly determine what influence the state of so-
ciety has, on the increase of mankind in any
country or town.

I am not in possession of the data that would
be necessary to examine this theory, by the
state of things in the ancient and populous
countries, of the other hemisphere. But from
the enumeration that was made of the inhabit-
ants of the United States of America, in 1790,
we may venture to compute the state of things
among ourselves. The number of males, their
relative proportions, numbers below and above
sixteen, and the age below and above which the
numbers become equal, are as follows :

•423

NATURAL AND CIVIL,

Northern States. —
Vfrraont, New H2fnp-
fViiie, Maine and Maf-
fachufetts, Rhode Ifl
and, Conactiicut and
New York.

Middle Slates.—
New Jcrfey, Pcnnl'yl-
Ysnia, Delaware and
Maryiand.

Southern States. —
Virginia, Kentucky,
Norili Carolina, South
Carolina and Gsorsia.

Males
belovy 16
y-.'ar* ot
age.

3>7 51o

211,846

263.454

Ma let
above I 6
yeais ol
»2e.

338,600

a»3737

244>757

Differfnce. btlow ^
Acnve-6iyezri \ above
of dgc. which the

numbers
become
equal.
Yrj Mthj.
2lj06o 16 2 l-%

Above t6,5£c |

11,8-91 16 5 i-a

BelowiSvr^iii
ot a^e.

From this view of the result, it should seem
that the middle and northern states were the
most favorable to longevity, and the preserva-
tion of life : And that the southern states were
the most favorable to a rapidity of productioiv,
and increase. Whether these circumstances
will not balance each other, and produce an
equality in the period- of doubling, cannot be
determined v/ithout further observations. In
Massachusetts, the period of doubling cannot be
far from tv/enty four years and three months.
What this period is in other states, must be de-
termined either from actual obscrvati(3n, or by
ascertaining the ratio which the deaths bear to
the births. If the enumeration which is to be
taken in the year 1800, should be as particular
with respect to the females, as the last was witli
respect to the males, it would enable us to as-
certain several particulars in this part of the nat-
ural history of man, which cannot be determined
without another enumeration.

It has been generally supposed, that the in-
crease of mankind is most of ail rapid, in a new
Qountry ; and that it is in the new settlementSj

HISTORY OF VERMONT. 4:^5

that nature acts with the greatest force and vigor*
Vermont is now in the situation, in which a new
Country ought to be examined. We have no
populous towns, seaports, or large manufactOi
ries, to collect the people together. Fhey are
spread over the whole countr}^, forming small
and separate settlements. Agriculture is almost
the universal employment. But few are pinch-
ed for want of the necessaries of life, and noth-
ing like luxury has yet taken place among usi
The government is highly democratic. In re-
Ii.:^ion the most perfect freedom and equality-
takes place among ail parties. The taxes are
no more than what are unavoidably necessary^
to preserve the existence and form of govern-i
liient. Lands are easy to be procured, and the
soil is rich and fertile. Every family enjoys
nearly the whole j>roduce of their labors The
climate is salubrious and healthy. And neither
war, sickness, or famine, have of late diminish-
ed the increase, or disturbed the labors of the
people. I do not know that we can find any-
new country, in which every circunlstance
seems more favorable to increase : Or any, in
which we may more probably expect to find the
maximum^ which nature and society can pro-
duce in such a latitude and climate. From the
enumeration of tUe. inhabitants taken in 1791,
we have the folio vvijig result

Malcsabove
1 6 years of

Vermont,

Malps be-
low i6 years
of age.

25 3.-8

D'-ffercncP.
Above 1 6
years of age.

^2.435

107

Age below and
above which the
numbers become

Year*. Months.
i6 I

To ascertain die eftect produced by the natu-
ral operation of death, 1 have procured a bill of

424

NATURAL AND CIVIL

Deach«.

Births.

46

2U3

deaths to the

prolonged by ih

births.

deaihs.

Years. Month*.

I to 4, 85

3 ,4

Jnortallty for one of the principal towns, for the
years 1789, 90, and 9L It is made for Rut^
land, from the observations of E, Porter, and
D. Reed, two able physicians.

Number of in- Death*. Births. | R^tio of tSie | Period oF doubling
babitaats in Rut-
land, ia 179I.

I407

From this table it appears that the deaths in,
Vermont, are to the births, in the proportion of
1 to 4, 85 ; of consequence the period of doub-
ling in this state, at present, is nineteen years
ancf live months.*

From such views of the increase and popula-
tion in America, we can scarcely avoid compar»
ing the state of things in the United States, with
tJiat of the ancient and populous countries in
Europe, In the city of London, if We may
judge from the annual bills of mortality, the
human race are annually decreasing ; the deaths
generally exceed the births, about one tenth ev-
ery year. The sa'^ge state was less imfavor-
able to the increase of mankind, than such large
and populous cities : Instead of preserving, they
tend to destroy the human race.

In most of the ancient and populous nations'
of Eiu'ope, their forms of government, their ec-
clesiastical establishments, thv: extreme luxury
of one part of the people, and the extreme pov-
erty of the other, their long and bloody wars,
their numerous fleets and armies, the numbers

* Since writing the above [ have received from Dr. AfapH Fletcher, an
accuraie ohfervcr and able pny(ician, an acsount of the birihs aiVd deaths
in the town of Cavendifli. In thccoiirfe of fewen years, the number of
Jiirths in that town v-as iwo hundred and len ; the n'urriber that died in
the fame period, was thirty. The ratio of deaths to tSat of births in that
C6wo, during this, period, has been but as one to fcvcn.

HIStORV OF VERMONT. 425

Which are reduced to servitudCj and rendered
incapable of supporting families, with the impi-
ous institutidns of celibacy, have nearly de-
stroyed the natural increase of mankind ; or at
least they have rendered it extremely slow, and
uncertain. " In Great Britain, and most other
liluropean countries, they are not supposed to
double in less than five hundred years."* In
vain do politicians go about to celebrate the
Wisdom of a slate of society^ which destroys the
noblest fruit and production of nature : It must
be essentially and fundamentally bad. The
surest proof of the prosperity of any country, is
a rapid increase of the people.

* Smith's Wealth of Nation*, Vol. I. 94.
VOL. II E 3

426 "NAttJRAL ANt) fclN^

CHAPTER Xm.

5k . -i.l.. . . :- -r-:.f h.: , ,[

SxAtE OF. Society. , Freedom : Destroyed in
some Countries by the State of Society, pro-
duced by the Settlement of America^ the Cause
and. Effect of the American IVar^ cannot be
preserved by Government^ depends on the State
a?td Condition of the People.

. THE employtnents, the government,
tbc religion, the castoms, habits, manners, and
condition of the people, constitute their state of
society. In the state of society which had ta-
ken phjce in America, the. foundations of her
freedom were laid, lon.^ before the nations of
Europe had any suspicion of what was taking
place in the minds of men. Conquest, religion,
law, custom, habits, and manners, confirmed by
military power, had established a state of socie-
ty in Europe, in which the rights of men were
obliterated and excluded. The property and
povver of a nation had passed into the hands of
the sovereign, nobility and church. The body
of the people were without property, or any
chance or prospect of securing any ; and with-
out education or knowledge to form them to any
rational principles and sentiments. Without
property and vv'ithout principle, they were of
little or no consequence, in the view of govern-
ment. When the contest was vv'hether the king
or the commons should gain more power, the
meaning was not at all v/hether the body of the
people should be raised out of their degraded
state of ignorance, poverty, and insignilicance jr

HISTORY^ OF VERMONT. 427

but whether that part of the nation, which had
acquired mtich wealth and propert}, should
have more influence in the affairs of govern-
ment. The body of the people were esteemed
as mere mob, wholly inadequate ^nd unfit for-
the affairs of government. The king, lords, and'
commons, were agreed in viewing the mass of
the people in this light. And as they had nei-
ther property, principle, or knowledge, it is
probable that the opinion which their rulers
formed of them, was but too just.

Such had been the state of societ}' iu Europe,
for many centuries. Time, law, religion, and
power, had combined with every other circum-
stance, to degrade the people ; and to reduce
the body of them to the lowest state of abase-
ment, and contempt. In a state of societ) , in
which every thing had so long deviated from
the design and law of nature, it could not be,
but that the rights of men should be lost ; and
the idea of them had nearly perished. Nothing
was to be seen but one general degradation of
the body of the people, and an unnatural and
excessive exaltation of those who had acquired
power ; every where tending to corrupt both,
and to give the most unfavorable idea of the
capacity of the former, and of the disposition of
the latter. It required the daring spirit of Mil-
ton and Sydney, and the abilities of Locke and
Montesquieu, to discover the rights of men,
when men themselves for many centuries, had
made the state of society wholly opposite and
contrary to the state of nature. The philosopher
had to deduce them from the creation, and na-
ture of man. In this inquiry, the progress, like

428 NATURAL AND CIVIL

discoveries in other sciences, was extremely
slow and precarious. Interest and reputation
were against the progress of this kind of knowL
edge. The law, the church, and the govern-
ment, were not only opposed to it, but they
punished the discoverers and writers, by whip.
ping, imprisonments, heavy fines, and death.
None but the greatest and most virtuous of men,
were either ab]e to investigate, or would dare
to assert what belonged to the nature of man,
and what was derived from tlie nature of society.
In America, every thing had assumed a dif-
ferent tendency and operation, The first set-
tiers of the colonies, had sufiered severe!}- un-
der the bigotry and intolerance of ecclesiastical
power, in the days of Elizabeth, James, and
Charles the first. They had not at first, any
more knowledge of the rights of hyman nature
than their neighbors, and thev were as far from
the spirit of candor and toleration. But when
they were exposed to se\ere sufferings on ac-
count of their religion, thty were placed in a
situation, in which their feelings wov.ld perform
for them, what their reason had not acquired
sufficient force to effect. They felt, and of
course saw, that there was no reason or righ-
teousness in the punishments w hich were in-
flicted upon their., on account of their religion.
In such a situation, truth occurred to them every
moment ; and their situation and sufferings ef-
fectually taught them what were the rights of
men : They could at once discern and under-
stand the voice of nature, which had no effect
upon those in power, and probably would liave
^-iid none upon them, had they beeii in the sanie

HISTORY OF VERMONl'. 429

state. With these views they came into Ameri-
ca. Situation and employment immediately
operated to enlarge and confirm the sentiments
which their sufterings had first produced. The
wilderness was to be cleared up, habitations
were to he built, the means of living were to be
procured : These occupations were so nccessa^
ry, that they became unavoidable ; and every
man who did not mean to perish, was obliged
to engage in them. This similarity of situation
and employment, produced a similarity of state
and condition ; at that time unknown to the
rest of the world : The effects of which the first
settlers did not at all comprehend themselves.
The greater part of them reverenced monarchy,
as a sacred institution of heaven ; but they felt
at the same time that the honors and distinc-
tions it produced, were of no avail to them.
To be wise, strong, industrious, and healthy, to
have rulers, judges, and generals, the distinc-
tions which nature urged, they found to be of
the highest importance. But to be called a
duke, an earl, or a marquis, the distinctions,
which society had set up against nature, they
found could.be of no importance to them, and
denoted nothing valuable in themselves. Noth-
ing was left for them but to pursue the line and
course of nature, which was that of utility and
safety. And this could produce nothiwg but
similarity of situation, rights, privileges, and
freedom. Every new settlement, was a confiji;.
mation of the same state of society ; and not-
withstanding the perpetual interference of royal
authority, every thing operated to produce that
jKitural, easy, independent situation, and spirit,

NATURAL AND CIVIL

in which the body of the ptople were found,
■wh^n tlip America,rt war came on. In such
circumstances, the common farmer in America,
had a more comprehensive view of his rights
and privileges, than the specuhitive philosopher
of Europe, ever could have of the subject.*
The one was in a situation, v.'hcre the language,
dictates, and designs of nature, were perpetually
occurring to his views- : The other was in a
situation, where every thing' in society had de-
viated from nature ; and with infinite labor and
study, the first principles, must be deduced
from theory and reasoning. Learning their
principles from the state of society in America,
Paine, and other writers upon American poli-
tics, met with amazing success : Not because
they taught the people principles, which tliey
did not before understand ; but because they
placed the principles which they had learned of
them, in a very clear and striking light, on u
most critiad and importaiit occasion.

When the war canie on, the leaders of mobs,
and the mobs which they created, appeared in
their true light. : The former sunk into con-
teiiipt, and the latter v/e-re soon suppressed.
The enlightened, virtuous, substantial body of
uncorrupttd citizens, took up the business,
Unacquainted with the state of society here,
Europe saw with wonder, the spirit of freedom
."unconquerable in America : Rising, the more it
suftl-red, the more superior to all the attempts
of the wisest and most powerful nation of Lu-
rope. The ministers of Britain at that time,
were men of great eminence and abilities, in

*! Afp«n<3ix, No. %ll.

HISTGliY"6F VERMONT. -433

triatjaj^ing business, ur>on the European system :
Bat they had no ideas of- the state of things in
America, or of a system in wiilch nature aiid
society had combined to produce and to pre-
' serve freedom. What they called rebellion, was
'Only the tendency of nature and society towards
freedom, made more active, by their opposition.
Mistaking the cause, they perpetually mistook
in thf ir measures : And what could not have
happened from any other cause but total mis-
take, it was their singular ill fortune never to
■Judge right, either through design, or by mis-
''Itke* The result was the natural effect of
■ things. It did not partake of the nature of mir-
acles, of the extravagant spirit of chivalry, or of
the madness of religious or political enthusiasm.
,' It was nothing more than the natural effect, of
''^natural Causes. Freedom, for a century and an
half, had been the constanc product and effect,
of the state of society in the British colonics :
And when the decisive triai was to be made,
this state of society produced its natural effect ;
"a firm, steady, unabating, and unceasing contest,
which could not admit of any other period, but
the total destruction^ or complete establishment
of freedom.
, No other cause but that v/hich first produced
/'.the freedom of America, will prove sufficient to
'support and preserve it. It is in the state of
'^jjlociety that civil freedom has its ori.^in, and
-"^'support. The effect can never be more pure or
'j)erfect, thnn the reuses from whence it arises ;
and all those causes terminate in the state and
Condition of the people. The form oi" govern*
" ment by which the public business is to he done?

432 NATURAL AMD CIVIL

a bill of rights to ascertain the just claims of ttie
people, a constitution to direct and restrain the
legislature, a code of laws to guide and direct
the executive authority, are matters of high im-
portance to any people ; and are justly esteem-
ed among the wisest productions, of ancient or
modern times. But no people ought to expect
that any thing of this nature will avail to secure,
or to perpetuate their liberties. Such things
are consequences, not the causes ; the eviden*
ces, not the origin of the liberties of the people.
They derive their whole authority and force,
from the public sentiment j and are of no fur-
ther avail to secure the liberties of the people,
than as they tend to express, to form, and to
preserve the public opinion. If this alters and
changes^ any bill of rights, any constitution or
form of government, and law, may easily be set
aside, be change.', or be made of none eftecti
For it will never be dangerous for the govern-
ment of any people, to make any alteration or
changeSj which the public opinion will either
allow, justify, or support. Nor ought any peo-
ple to expect, that their legislators or governors
will be able to preserve their liberties, for a long*
period of time. Any body of men Who enjoy
the powers and profits of public employments^
■will unavoidably wish to have those profits and
powers increased. The difficulties they will
mieet with in the execution of their office, the
unreasonable opposition that will be made by
many to their wisest and best measures, and the
constant attempts to displace them, by thbse
whose only aim and wish is to succeed them ;
*;uch tilings, joined witli a natural love of power

HISTORY OF VERMONT. 433

and profit, will not fail to convince all men in
public employments, that it would be best for
the public to put more confidence and power in
them. While they thus wish and aim to in-
crease and add strength to their own powers
and emoluments, those powers and emoluments
will be called the powers and the dignity of
government. It may be doubted whether men
are much to blame, for wishing and aiming at
that, \vhich their situation and employment
naturally leads to. The effect seems to be uni-
versal. It has ever been the case that govern-
ment has had an universal tendency, to increase
its own powers, revenues, and influence. No
people ought to expect that things will have a
different tendency among them : That men will
cease to be men, or become a more pure and
perfect order of beings, because they have thei
powers of government committed to them.

Upon what then can the people depend, for
the support and preservation of their rights and
freedom ? Upon no beings or precautions un-
der heaven, but themselves. The spirit of lib-
erty is a living principle. It lives in the minds,
principles, and sentiments of the people. It
lives in their industry, virtue, and public senti-
ment : Or rather it is produced, preserved, andi
kept alive, by the state of society. If the body
bf the people shall lose their property^ their
knowledge, and their virtue, their greatest and
mo.st valuable blessings are lost at the same
time. With the loss of these, public sentiment
will be corrupted : With the corruption of the
public sentiment, bills of rights, constitutions,
u'rittcn upon paper, and all the volumes oi

VOL. II F 3

434. NA.TURAL AND CIVIL

Written law, vrill lose their force, and utility «■
Their government will immediately begin to
change : And when the people have themselves
lost the cause, the principle, and the spirit of
freedom, they will no longer be capable of a
free government : They are better suited for
the restraints of aristocracy, or what is far bet-
ter, for the regulations of monarchy. The con-
stitutions and the laws of such a people, will no
more preserve their freedom, than the tombs
and the coffins of Montesquieu and Franklin,
will retain their abilities and virtues-.

There is not any thing, which in its own na-
ture is more variable, than the state of society.
When the minds of men are roused up by great
objects to great pursuits, and their ambition is
guided by a sense of honor and virtue, a nation
rises to the highest attainments, and to the most
dignified appearance, that the human race ever
assumes ; but when little motives, influence lit-
tle minds, to pursue little objects, by little meas-
ures, the event will be the vmihnum ; the low-
est state of depression, to which society can de-
scend : And of both these states, ^\Q.rj natiou
and every government is susceptible. Voltaire
has somewhere said, that no one would suspect
the Swedes in his day, were the same people
that performed such exploitis in the time of
Charles the twelfth. We cannot expect that
republican virtue and honor will ever arise to
a more solid or brilliant appearance, than it put
on, in the long and arduous struggle for Ameri-
can Independence ; and in the duplicity, intol-
erance, avarice and insolence of party politicians,
there is [1806] something extremely humbling,-

HISTORY OF VERMONT. 435

mortifying, and degrading. Let it be rcmemr
beied, the Amtrican people are not corrupted,
emaciated, or enervated ; and whensoever the
state of their country shall require it, they are
capable of all the vigor, energy, hardihood, and
virtue, that appeared in their fathers at any for-
njer period.

Ye people of the United States of America,
behold here the precarious foundation upon
"which ye hold your liberties. They rest not
upon things written upon paper, nor upon the
virtues, the vices, or the designs of other men,
but they depend ujxin yourselves ; upon your
maintaining j^our property, your knowledge,
and your virtue. Nature and society have join-
ed to produce, and to establish freedom in A-
inerica. You are now in the full possession of
all your natural and civil rights ; under no re-
straints in acquiring knowledge, property, or
the higheiit honors of your country ; in the most
rapid state of improvement, and population ;
with perfect freedom to make further improve-
ments in your own condition. In this state of
society, every thing is adapted to promote the
prosperity, the importance, and the improvement
of the body of the people. But nothing is so
established among men, but that it may change
and vary. If yovi should lose that spiiit of in-
dustry, of economy, of knowledge, and of vir-
tue, which led you to independence and to em-
pire, then, but not until then, will } ou lose your
freedom : Preserve yourviitues, and your free-
dom will fee perpetvial !

APPENDIX.

^^^^^^
No. I.

SPEECH of the Oneyda tribe ^ one oj the fix nations of confederate^ Indians, fent la
the Neiu England provinces, June 19, 1775. Chap. 11. p. 41.

*' Brothers ! We have heard of the unhappy differences, and great
contefts between you and old England. We wonder greatly, and are
iroubled in our minds.

Brothers ! PofTefs your minds in peace refpeftingus Indians. We can-
not intermeddle in this dilpute between two bro:hcrs. The quarrel feerns
to be unnatural. You ere /*.'o t/r others of one blood. We are unwilling to
join on either fide in fuch a conteft, for we bear an equal affeclion to you
both, Old and New England. Should the great king of England apply to
us for aid, we fhall deny him. If the colonics apply, we will refufe. The
prefent fituation of you two brothers is new, and llrange to us. We Indians
cannot find, nor recoileft in the traditions of our anceftors, the like cafe,
or a fimilar inftance.

Brother* ! For thefe rcafons pofTefs yoLir minds in peace, and take no um-
brage, that we Indians refufe joining in the contcA. We are for peace.

Brothers ! Was it an alien, a foreign nation who bad ftruck you, w^e
fnould look into the matter. We hope, through the wife government and
good pltafurc of God, your diftreffcs may be loon removed, and the dark
clouds be difperfed.

Brothers ! As we have declared for peace, we defuje you would not
apply to our Indian brethren in Nca England tor alTiilance. Let us In-
dians be all of One mind, and live with one aiioiher ; and you white peo-
ple, fettle your own difputcs betwixt yourfelves.

Brothers ! We have now declared our minds, picaie io write to us that
we may know yours."

Signed by thirteen of the Sachems and Warriors of the Oneyda nation,
IJajed froM Konon war chare, i. c. a head erefted on a pole.*

No. II.

SPEECH of Lieutenant General Burgo^ne to the ^Indians in Con^refs, at ike Camp
upon tkeJiiver lioquit, June 21, 1777, and tkeir an fiver. Chap. IV. p. 98.

Chiefs and Warriors,

THE great king our common fathfr, and the patron of all who feek
and da/ervc his proteftion, has ccnfidcied with iaiisfaclion the geneial
conduft of the Indian tribes from the beginning of tl-.c troub'ci in Amer-
ica. Too fagacious ar.d too faithful to be deluded or corrupted, they
have obfervfd the violated rights of the parental power they love, and b' rn-
ed to vindicate them. A few individuals alone, the relufeof a fmall uibc,at

* Gordcn, A^ntrkan War, Vol. 1. p. ,'360, 36c.

438 APPENDIX.

the firft were led aftray ; and the mifieprerenisfions, the Tpecioui aHurc-
inepis, the infidious promifcs, and diveiTififd plots, in wl ich ihe r- beli
are exercifed, and all of which they croplo^ed for that if!(£l have fcrved
only in the end to enharicc the honor of the tribi s in t;cn( ral, bv dtmon-
flrating to the world how few and how cotiiemptible aif the apoftaiej. It
is a truth known to you all, that, thele pinful t-xsmpj. s f xci pred. (and they
probably have before this day hid their iaces in (hamp) the coll<£live voi-
cesaiid hands ot the Indian tribes over this vaft continent, aie on the f»de
of jurtice, of law, and of the king.

The reftraint you have put i pen voor reftntmept in wai,ing the king,
your la: hcr's call to arms, the hsideft proof, 1 am pei'uaded, to which
fOiZT affection could have been put, is anoth< i manifeO and affiflid mark
■j: your sriherencc lo that piinciple of ronntftion to which \ou weie al-
ways fond to allude, and which it is mutually the joy and the fluty of the
parent ro theiifh.

T^£ :l'"mr;!icy of your father has been abufed.lhe ofTrrs of his mercy
ha'c bcjr> drfpifcd, and his faither paiience wiould. in his e\ts. become
^rulpabi", VI as much a» it would withhold rcdrc(s from the moft grievous
oppirifions in the provinces ihat ever difgraced the hiOory of mankind.
Itthrrefoie remains for mc the general oi cne of his majt U\'s armies, and
in the toa.::il his reprclei.tative, to /ciraie you from thole boids ^nuro-
bcdiencc impofed. Warriors, y(;u are free — go forth in the might of your
valour and your caufe — finke at the corpmon tpemies of Great Britain and
America:, difturbera of public order, peace, and happiriels, dcltioyeii ijf
commerce, parricides ct the flare.

Thetiicle roui.u vou, the Chiffs of his majcftv's European fo'ces, anci
of the princes hii allies, effcem you as brothers in the war. Emulous in
glory and in friend fl'.ip, we will endeavor reciprocal iy to give and to receive
examples; we know how to value, and v^e viill lirive to imitate your
perfcvc-ance in enterprize, and your conftancy to rcfiff hunger, wearinefj,
and pain. Be it our tifk, from the diftates pt our religion, the laws of our
warfare, and the prircipics arid iritcteft of oiir policy, lo regulate ^our paf-
fions when they overbear, to point out where it is nobler to fpare than to
revenge, to dilcrimma'e degrees of guilt, to fufpend the uplifted (Iroke, to
chaftiTr, and not to deflroy.

This war to you, my friends, is new; upon all former occafions, in ta-
king the field vou held ycurfelves aushoriied to deffroy wherever
you came, becaufe every where you found an enemy. The ca(c is now vc«
ry difTcrcnt. , ''

The king has m«ny faithful fubjefls diTperfed in the provinces, confe-
quently you have many brothers there : and thefe people aiethe mote to
be pitied, t.'-at ihey are perlecuted. or impiiloned, v.hfrever they are dif-
covered or lulppf^ed ; and to diilemble, is, to a generous mind, a yet moie
grievous punifhmtnt.

Perfuadcd that your magnanimity cf character, joined to your principles
of alltction to the king, will give me fuller C'liiiroul over yciur minds thjn
»iie military rank with \A,hich I arji iuvefted, I erjuin your moft (erious at-
teiition to the rules which I hereby proclaim for your invariable obferva-
;ion during the campaign.

i pcfitively forbid blood fVied, when you arc rot cppofed in arms.

nptd men, women, children, and piifoners. mufl be held facrtd from
ilic knife <ir hatchet, even in the time of afluai conflidL

You fhall receive compenfaiion ior the prifonct* you take; but yon (hall
be called to account tor fcalps.

In conformity atid iDdulgcnce to your ct.<(loms, which have afiixcd ai^

APPENDIX. 439

idti of honor to fuch baders of viflory, you thall be allowfd to take the
fcalps of the dead, when killed by your fiie, and in fair oppofiiion ; but
on no account, or p etence, or fubtlety. or prevaricatioD, are they to be tv
Jnen from the wounded, or eveadving ; and flill lefs pardonabl:, if pofli-
ble, will it be held, to kill men in that condition, on purpose, and upoxi a
fnppofuion. that' t^'\s pro'eftion tn the wounded would be thereby evaded.

Bafe lurking a(TiflJii>, incendiaries, ravagers, and plunderers of the coun«
try, to whatever aimy they may belong, fhall be treated with lefs refe'^ve ;
but the latitude mull be given you by order, and 1 muft be the judge of
theoccarion.

Should the enemy on their part, dare to countenance a£l$ of barbarity
towards thofe who may fall into their hands, it fhall be your's alfo to re-
taliate ; but till fevericy (li ill be thus compelled, bear immoveable in your
hearts this folid maxim, (it cannot bs too deeply imprcffed) that the great
tffential reward worthy fervice of your alliance, the (inccrify of your zeal
to the king, your father and never failini; proteftor, will be examined and
judged upon the teft, only of your fteady and uniform adherence to the
oidcrs and counfcls of thofe to whom his majtrfty has entruftcd the direc*
tion and the honor of his arms.

Answer from an old Chief of the Iroquois.

1 (land up, in the rjame of all the njnons prefent. to alTure our father,
tliat we have attentively liftened to hii di'courfe. We receive vou as our
father, becaufc when you fpeak, we hear the voice of our great father be-
yond the great lake.

With Ode common a'fTent, we promife a conRant obedience to all you
have ordered, and all you (hall oi"dcr ; and may the father of days givcyou
aiany and fuccefs !

We rejoice in the approbation vou have exprefTed of our behavior.

We have been fried and tempted by the Baftonians ; but we have loved
our father, and our hatchets have been fh^rpencd upon cur afFeftions.

In proof of the fincerity of our profefTions, our whole villages, able to
go to war, are come forth. The old and infirm, our infants and oui: wivesV
iibne, remain at home.

No. Ill, ^

A PROCLAMATION".
*• BY John Burgoyne, £.fq Ueutcntnt GeicrJ of h's Maji/iy's armies in Ameri-
ca. Colonel of the Q^ieen'i regim'rit of li'^hl dra^oom, Gooc^nor of fort William
in North Siitain, one of the R.prejentatives of the Lommom of O'Neal Britain in.
Parliament, and commanding an trm\ ani fleet employed en a.n expedition f ran
Canadi, &c. &c tSfc. Chap. IV. p. loo.

" THE forC'es entrufled to my cotnmand are defigred to zCt in con-
cert and upon a commm principle, with the numtrous armies and flset«
which already di'^p ay in every quarter of America, the power, the juftice,
Sfhd, when properly fought, the mercy of the king.

" Tne caufe, in which the Britifh arms are thus exerted, applies to the
mofl affefting interefls of the human heart ; and the military fervantsof"
t*^ crown, at (irft called forth fjr the fole purpofe of relloringthe rightsof
Che coaftitution, now combine with lave of tbcir couatry, and duty toth*i-

4.40 APPENDIX.

fcverelgfl, the other extenfive incitements which fprjng from a due fcnfe o{
the general privilegrs of mankind. To the eves and ears of the temperate
part of the public, and to the breads of fulFciing thouCands in the provinces,
be the melancholy appeal, whether the prcfent unnatural rebellion has n»c
been made a foundation for the completeft fyftem of tyranny that ever
God. in his difpleafure, fufTered for a lime to be exercifcd over a frovtrard
and ftubborn generation.

" Arbitrary imprilonment. confifcation of property, perfecutton and tor-
tcrc, unprecedented in ihe inquifitions of the Romilh church, are among
the palpable enormiiiet. that verify the affirmative. Thcfe are inflifled by
aRemblies and committees, who dare to profels themfelvcs friends to lib-
erty, upnn the mod quiet fubjects, without diftinftion of age or fex, for the
/iaie crime, often for the fole fufpicion, of having adhered in principle to
the government under which they were born, and to which, by every tic,
divine and human, they owe aliegi3nce. To confummate thele fhocking
proceedings, the profanation of religion is added to the mofl profligate
proftitution of common reafon ; the confciences of men arc fet at naught;
and multitudes are compelled not only to bear arms, but alio to fwear
'ubjeftionto sn ufurpation they abhor.

" .'Animated by thefe confiderations ; at the head of troops in the full
powers of health, difcipline, and valor ; determined to ftrikc where nc-
cedary, and anxious to fpare where polTible, I bv thefe prefents invite and
exhort ail perfons, in ail places where the progrefs of this army may point,
an.i bv the bleffing of God I will extend it far, to maintain fuch a condu£t
as mayjuffify me in protefting their lands, habitations and families. The
intention of this add re fs is to hold forth fecurity, not depredation to the
country. To th,.fe whom fpirit and principle may induce to partake of
t^e g!.->riouj tafk of redeeming their cotintrymen from dungeons, and re-
eftabiifhing the bleiTings of legal governiiient, I ofTer encouragement and
employment ; and upon the firif intelligence of thfir affociations, I will
find niicans to afiift their undertakings. The domeftic, the induflrious, the
infirm, and even the timid inhabitants, I am dehrous to proteft, provided
«ney remain quietly at their houfes ; that they do not fuffer their cattle to
be removed, nor their corn or forage to be fcceted or deflroycd ; that
they do not break up their bridges or roads ; nor by any other aft, diicflly
or indireftlv, endeavor to obffruft the operatioris of the king's troops, or
fupply or aGft thole of the enemv. Every fpecies of provifion brought to
my camp, will be paid for at an equitable rate, and in folid coin.

" In confciiufnels of chiiftianitv, niv royal mailer's clemency, and the
honor of fold'crfhi'^, I have dwelt upon this invitation, and wifhed for
more p-rfuafive terms ^o ^ive it impreffion : And let not people be led to
aifregard it, by confidcring their diftance from the immediate fituation of
my c^mp. I have but to give ffrctch to the Indian forces under my direc-
rion, and they amount lo thoufands, to overtake the hardened enemies oi
G. Britain and America ; I confider them the fame wherever they may lurk.

" If, notwithflanding thefe endeavors, and fmcere inclinations to effcft
them, the phrenzy of hoUility fhould remain, I trull I Oiall ftand acquitted
'.n the eves of God and men. in denouncing and executing the vengeance
oi the ftate againil the wilful outcalfs. The mf (Tcngers of juftice and of
wrath await thein in she field ; and devaftation, famine, and every con-
comitant honor that a reluC.iant but indifpenfible prolecution of, military
QUty muff occafion, will bar the way to their return, J. BURGOYNE.

^" By order of his excellency the Lieut. General,

Rosr. Kingston, Secretary.

■ Gamp near Ticonderoga, 4th July, 1777."

APPENDIX. 441

No. IV.

Address to General Burgoyne."^ Chap. IV. p. 100,

TO John Burgoyne, Efq. Lieutenant General of his majefty's armies
in Amciica, Colonel ot the Queen's regiment of light dragoons, governor
ot fort William in North BntaiD, one of the reprefentatives of the Com-
mons of Great Britain, and commanding an army and fleet employed on
an expec!irion from Canada, &c. &c. &c.

Mojl high, mujl mighty, vtoji pwjfunt, and fullinu General^

When the forces under your command arrived at Ou-ebec in order to ad:
in cancel I and upon a common principle with the r,uinerou5 fleets and armies ushick
already difplay in every quarter ij America, the j'^Jlice and mercy oj your king,
wc the reptiles of America, vi/ere /truck with unuliial trepidation and af-
tonirnment. But what words can exprefs the plenitude of our horror,
when tlie colonel i)f the Qjieen's regiment of light dragoom, advanced towards
Ticondfroga. The mountains (book before thee, and the trees of the forelt
bowed their lofty heads ; the v,ift lakes of the north were chilled at thy
prefence, and the mighty cata rafts flopped their tremendous career, and
were fulpended in awe at thy approach. Judge, then, ok ineffable governor
of Fort M'illtam in North Britain, what mufl; have been the terror, dilmay,
and defpair, that overfpread this paltiy continent ol America, and us its
wretched inhabitants. Dark, and dreary, indeed, was the profpe£l before
usjtill like the fun in the horizon, your moft gracious, fublime, and irre-
firtabie proclamation opened the doors of mercy, and Inatched us, as k
were, from i.he jaws of annihilation. .'

We toolifhly thought, blind as we were, that your gracious mailer's
fleets and armies were come to deftrov us and our liberties ; but we are
happy I'l hearing from vou (and who can doubt what you afTert ?) that they
were called forth for thefo'e purpofe of rcjloring the jights oj'tke conjlitution to e
JrovMrd andjlubborn generation.

And is it for this, oh iiiblime lieutenant general, that you have given your-
feif the trouble to crofs the wide Atlantic, and with incredible fatigue tra-
verfe uncultivated wiids ? And we ungratefully rcfufe the proffered bleT-
fing ? — To reftore the righ'.s of the conuitution, you have called together
an amiible hofi of (ava^es, and turned them loofe to fcalp our women and
children, and lay our country wafle. This they have performed with their
ufual Ikill and clemency, and yet wc remain infeofible of the benefit, and.
unthankful for fo much goodnefs.

Our Congrefs have declared independence, and our affemblles, as yout
highnefs jiiUly obferves, have mo^ luickedly imprifoned the avowed friends
of that power v/uh which they are at war, and moft /i^o/ins/y compelled
thofe, whofe confcienceS will not permit them to fight, to pay fome fmall
part towards the expences their country is at, in fupporting what is called a
hcceflary, defenfive war. If we go on thus in our obilinacy and ingrati-
tude, what can we expeft, but that you fho'jid, in your anger, give a (Iretch
to the Indian forces under your direCliun, amounting to thoufinds, to overtake and
dtfirey us ? Or, which is ten times worie, that you Ihould withdraw youc
flfC's and ai mies. and leave us to our own mifery, without compleating the^
benevolenr talk you have begun, of reftoring to us the rights of the csnjlilutionf

We fubmit, wc fubmit, mod puiflant coionA of the Queen's regiment oJ light
dragoons, and governor ojfoit IVilliairf. in North Britain I We offer our heads tc>
the fcalping knife, and our bellies to the bayonet. Who can rcfiR the force

* IVtitten by ayOUng ojjiccr, and defignedfor theja'.diir-i in the American army,

V n T, . T r G 3

442 APPENDIX.

of your eloquerice ? Who can widifiand the terror of your arm* ? The in-
vitation you have made, in the confcioufnefs of chnjlianily, your ro\al majla'f
clemency, and tht konor of fcldier/hip, we thankfully accept. The blood of
the flain, the cries of injured virgins and innocent children, and the never
ceafing fighs and groans of ftarving wretches, now langiiifhin^ in the jails
and prifon fhips of New York, call on us in vain, whilll vour fubiime
proclamation is founded in oureats. Forgive us, oh our country ! Forgive
us, dear polferity ! Forgive us, all ye foreign pov^ers, who are anxioufly
watching our conduct in this important Hru^ijle, if we yield implicitly to
the perfuafive tongue of the moft eKgaat co'onel oj lier viajejly's regiment of
light dragoons.

Forbear then, thou vetagMnxmoa^lUutenant general ! Forbear to denounce
vengeance againft us. Forbear to give a (IrcUh to thofe reflorers of conjlitution-
al right, the Indian forces under your direHiun. Let not the mejfmgers ofjuf-
tice and zvrath await us in the f.e!d, and devap.ation, famine, and every concomi-
tant horror ^h^v our return to the allegiance of a prmce, who by his royal
•will, would deprive us of every blelFingot lite, with alt poffibic clemency.
We ate domejiic, we are iriduflrious, wc zre infirm and timid ; we fhall rf-
main quietly at home, and not remove "ur cattle, our coin, or forage, in hopes
you will come, at the head of troops, in the full powers of health, di.c'-pHne, and
valor, and take charge of them for yourfelves. Behold cur wives and
daughters, our flocks and herds, our goods and chaitcls, are they not at the
mercy of our lord the king, and of hi» lieutenant general, member of the houfc
of commons, and governor of For t William in North B? itain ?

A. B.
C. D,

E. F. &c. &c. &c.
Saratoga, loth July, 1777.

No. V.

Lord Chatham's Speech on the Indian toar and barbarity: Chap. IV. p. 134,
IN the time of the American war, it was the pradlice with the Britiih
lDip.i?fers and their adherents, in their fpceches iri the Britifli parliament, to
avow and juftify their meafures of einplt)yiiig the Indians to carry the hor.
rors and barbarities of their favage wars, into the American frontiers and
plantations. It was faid to be right, wife, and eventually a meafure of
mercy and clemency ; as it would foon put an end to the rebellion, and of
courfe to the necellity of any further war and deftiuftion, by reducing the
colonies to a flate of obedience and liibjcition to the Britiih king and na-
tion. Among others, lord Suffolk, fecretary of (late, highly cot-nmendcd
the meafure, and obfcrvcd, " Befides its policy and neceffity, the meafure
■was alfo allowable on principle, for that it waj pcrfeftly juftifiablc to ufe
all the means that God and nature had put into oui hands."

On thisoccafion, the venerable old pairiot lord Chatham, by whofe ad-
miniftration Canada had been conquered, and an tnd put to the Indian
ravages and fi.iughier, ro!e, and fpoke ; " I am allonilhcd, ihocked to hear
fuch principles confefTcd ; to hear them avowed in this houfe or even ia
ihiscountry. My lords, I did not intend to have encroached again on your
attention, but I cannot reprefs my indignation. I feel myfelf impelled to
fpeak. My lords, we are called upon as mcnibersof this houle, as mea.

APPENDIX. 443

as chriftians, to proteft againfl furh horrible barbarity. " That God and
nature had put into our haiitis!" W.iai ideas of God and nature that noble
lord may entertain I know not, but I iinow that fuch deteftable piiiiciplci
arc equally abhorrent to religion and humanity. What, to attribute the
ficred fanftion of God and nature to the inaffacres of the Indian fcalping
knife! to the eannibal favaj^e, toriuring, murdering, devouring, drinking
the blood of his mangled viftims! Such notions ("hock every precept of
moialiiVi every feeling of humanity, every fentiment of honor. Thefe a-
bominable pririciples, and this more abominable avovcal of them, demand
the m oft decifive indignation. I call upon that right reverend, and this
moft learned bench, to vindicate the religion of their God, to fupport the
juftice of their country. I call upon the bifhops to inteipole the unlullied
fanftity of their lawn, upon the judges to inicrpofc the purity of their
crmiae, to fave us from this pollution. I call upon the honor of your lord-
fhips, to reverence the dignity of your anceftors, and to maintain your own,
I call upon the fpirit and humanity of my country, to vindicate the na-
tional charafter. I invoke the genius of the aonftitution. From the ta-
pcftr-y that adorns thel'e walls, the immortal anci-Jtor of this noble lord,
frowns with indignation at the disgrace of his country. In vain did he
defend the liberty, and eflablilb the religion of Britain a^^ainft the tyranny
of Rome, if thefe worfe than popifh cruelties and it. qnifitional prafticesarc
endured among us. To lend forth the mercilefs cannibal thirfling for
blood ! again ft whom ? Your proiL-ftaiit brethren ; to lay wafte their
country, to dcfolatc their dwellings, lo extirpate their race and name, by
the aid and inflrumentality of thefe horrible hell-hounds of war ! Spaia
can no longer boaft preeminence of barbarity. She armed herfelf with
blood hour.ds to extirpate the wretched natives of Mexico, but we more
ruthlefs, loofe thefe dogs of war againft our countrymen in America, en-
deared to us by every lie that (hould fariftify humanity. My lords, I
folemnly call upon your lordfhips, and upon every order of men in the
flate, to (lamp upon this infamous proceedure the indelible ftigma of pub-
lic abhorrence. More particularly I call upon the holy prelates ot our re-
ligion to do away this iniquity ; let them perform a luftration to purify
their couutry from this deep and deadly fin. My lords, I am old and
weak, and at prefcnt unable to fay more, but my feelings and indignation
were too ftiong to have laid lefs. I could not have flept this night in my
bed, nor repofed my head upon my pillow, without giving this vent to my
eternal abhorrence of fuch enormous and prepofterous principles."*

No. VI.

A convention between lieutenant general Burgoyne and major general Gates,
Chap. IV. p. 157.

I. The troops under lieutenant general Buigoyne, to march out of their
camp with the honors of war, and the artillery of the entienciiments to the
verge of the river, where the old fort flood, where the arms and artillery
are to be left ; the arms to be piled by word of command from their own
olTiccrs.

II. A free pafTage to be granted to the army under lirmeiaant oeneral

- BdJIianCi lije oj Chatham,

444 APPENDIX.

Bur^oyne, to Great Britain, upon condition of not ferving again in Nortk
America during the prcleniconteft ; and the port of Bofton to be affigncd
ior the entry of tranfports to receive the tioops, whenever general Howe
fhali fo order.

III. Should any cartel take place by which the army under lieutenant
general Burgoyne, or any part of it, may be exchanged, the foregoing ar-
ticle to be void, as far as fuch exchange fhall be made.

IV. The army under lieutendnt general Burgoyne is to march to Maf-
fachofetts Bay by the eaficft and moft expeditious and convenient route ;
and to be quartered in, near, or as convenient as poffible to Bofton, that
the march of the troops may not be delayed when tranfports arrive to
icceivethem.

V. The troops to be fupplied on their march, and during their being in
quarters, v/i;h provifions by n^.ajor general Gates' orders, at the fame rate
of rations as the troops ot his own army ; and if poffible, the officers*
hprfes and cattle are to be fupplied with forage at the ufual rates.

VI. All officers to retain their carriages, bat horfes, and other ca ';• ;
and no baggage to be moleftcd or fcarched, lieutenant general Burgoyiie
giving bis honor, that there are no public ftores contained thereif). major
general Gates will of courfe take the npceffary measures for the due per.
formance of this article. Should any carriages be wanted, during the
march for the trsnfpcrtatio:! of ofnceis' baggage, they aie, if poflible, to be
fupplied by the country at the ufual rates.

VII. Upon the march and during the time the army fhall remain in
quarters in the Maffachuletis Bay. the officers are not, as far as circumf m-
ce- will admit, to be .'eparated from their men. The officers are to be
quartered according to tiieii rank, and are not to be hirider;d from affem-
blii'g their tnen for loUcallings and oiher necefTary purpofes of regularity.

VI 1 1. All corps whatever of lieutenant general Burgoyne's armv. wheth-
cr compofed of failois, batteaux men, artificers, drivers, independent
companies, and followers of the army, of whatever country, Pnall be in-
cluded in the tulleff I'^enfe, and utmoft; extent of the above articies, and Com-
prehended in every refprdt as Biitifli fubjefls.

IX. All Canadians, ar.d perfons belonging to the Canadian efiab'ifh-
mei'.t, confiding of (ailors, batleaux mm, arf.flcerf, drivers. indcpintJent
companies, and rrianv other followeis of the army, who come under no
particular defcription, are to be permitted to return there; they are to be
condifted inimcdijiely, by the ff.nrteft nnitt, to the firft Brit;fh poft on
Lake George, aie to br fupphrd with provifions in the tame manner as the
other troops, and to be bouiid by the ianie condition of net fervicg during
the prefent conteft in Xorili An<erica.

X. Paff] oris to be immediately granted for three officers, not exceeding
the rank of captains, who fliall be appointed, by lieutenant gencial Bur-
goyne, to carry difpatche.^ to f'r \A'il!iani Hov*e, fir Gv\ Carleton. and to
Great Britain by way of New York ; and major general Gates engages the
public faith, that thefe difpatrhes fhal! not be opened. Thefe officers are
to fet out immediately after receivingtheir difparchfs. and are to travel by
the fhorteft rout*-, and in the molT exped .'io;is m?nner.

XI. During the flay of the troops in the MalTachufetls Bay, the officers
arc to be admitted on parole, and ate to be permitted to wear their fide
aim?.

Xn, Should the «rmy under 'icuicnant genual Burgoyne find it necef-
■ ary, to lend fnr their riothinjf and o'hrr baggage from Canada, thfy are to
be permitted to do it :n the iroft convenient nannsr, and nectfitty pi'!'.-
potts to be granted for that porpofe.

APPENDIX. 445

XIII. Tliefe articles are to be mutually Tinned and exchanged to mor-
row morning at nine o'clork ; and the troops under lieutenant general
Burgr.vne are to march out of their entrenchments at three o'clock in the
afternoon.

Cainp at Saratoga, 06lober 16, 1777.

J40RATI0 GATES, Major Centra!.

To prevent anv doubts that mijrht ariic from lieutenant gen. Burgoyne's
name not being mentioned in the above treaty, major general Gales hereby
declares, that he is underOood to be comprehended in it, as fully as it his
name had been fpecially mentioned.

HORATIO Gates.
No. VII.

Hijiorical Memoirs of Colonel SETH WARNER. Chap. IV. p. 159,

AMOVG the perfons who have performed important fervices to
the S'.J'.e of Vermont, colonel Seth Warner deferves to be remembered with
reTpeft. He was born at Woodbury, in the colony of Connefticut, about
the yfar 1744, of honelf and refpeftable parents. Wirhout any other ad-
v^niagcv for an educati<jn than what were to be found in the common
fchoois of the town, he was early diftinguifhed by the folidity and extent
of his underftanding. About the year 1763. his parents purchafed a traft
of land in Bennington, and foon after removed to that town with their
family. In the uncultivated ftare of the country, in the fifh, with which
the rivers and ponds were furnifhed, and in the game, with which the
•woods abounded, young Warner found a variety of objefts fuited to hi«
favorite inclinations and purfuits ; and he foon bfcame difiinguifned as a
fortunate and indefatigable hunter.

His father, captain Benjamin Warner, had a iliong inclination to medi-
cinal irquiries and purluits ; and agreenbly to the ftate of things in new
fettlements, had to look, for many of his medicines in the natural virtues of
the plants and roots, that vyere indigenous to the country. His fon Seth
frequently attended him in thefe botanical excurfions, contrafted fomething
of his father's tafte for the bufinefs, and acquired more information of the
nature and properties of the indigenous plants and vegetables, than any oth-
er man in the country. By this kind of knowledge he became ufetul to
the families in the new fettlements, and adminiffeied relief in many cafes,
where no other medical afTiifance could at that time be procured. By
fuch vifits and praflice, he became known to mcft cf the families on the
•weft fide of tlie Grfen Mountains ; and vas generally ericcmcd by them a
man highly ufeful. both on account of his information and humanity.

About the year 1763 a fcene began to open, which gavea "^ .v turn to his
aSive and enterprifing fpirit. The lands on which thd .ctlemenr.s were
made, had been granted by the governors of New Han^'^fbirc. The gov-
ernment of New York claimed juiifdiftion to the callward as far as Con-
refticut river ; denied the authority ef the governor of New Hampfhirc
to make any gran's to the well of Connefticut river ; and announced to
the inhabitants, that they were within the territory of New York, and had
no legal title to the lands on which they had fettled. The controverfy be-
came very ferioiis between the two governments : And after feme years
fpcnt in alteication, New Yotk piocmed a dccilion of Gcoigt III. in thtir

446 APPENDIX.

f»vor. This order was dated July 20, 1764, and declared, " the weftefa
banks of the river Coiineflicut, from where u eiucis the province of MalFa-
chufctts Bay, as far north as the 45th degree of noi therm latitude, to be the
boundary line bi'tween the (Ad two provinces of New Hampfliire and
New York." No fooner was this decree procured, than the governor of
New York proceeded to make new giants of the lands, wh\ch the fctilcrs
had before fairly bought of the ci own, and which had been chattered to
them in the king's rrame and authority by the royal goverr>or of New
Haoipfhire. All became a fcene of diforder and danger. The new pa-
tentees under New York brought aftions of ejeftment againfl the fettlers :
The decifjoHS of the courts at Albany were always in favor of the New
Yolk [)3tenlees ; and nothing remained for the inhabitants but to buy their
lands over again, or to give up the labors and earnings of their whole lives
to the new claimers under tirjcs from New Yoik.

In this fcene of opprciFiun and dilUefs, the (eitlcrs difcovered the firm
and vigorous fpirit of m.anhood. All that was left to them, was either to
yield up their whole property to a fet of unfeeling land-jcbbers, or to de-
fend tbemlelves and property by force. They wifely and virtuoufly rhofe
the latter ; and by a kind of common conicnt, Ethan Allen and Scth War-
Bcr became their leaders. No man's abilities and talents could have been
better luited to this bufincfs than Warner's. When the auihoritv of New
York proceeded with an armed force to attempt to execute their laws,
Warner met them with a hody of Green Mountain Boys, properly armed,
full of reiolation, anct (o fortnulablc in numbers and courage, that the gov-
ernor of New York wss ohiiged to give up this method of proceeding.
When the fherifiFcame to extend his executions, and eje£t the fettlcrsfrom
their farms, Warner would noi. fuller him to proceed. Spies were cm-
ployed to procure intelligence, and promote diviuon among the pcop'e :
When any of them were taken, Warner cauled thens to be tried by iome
of the moft difcreet of the pe'iple ; and if declared guiUy, to be tied 'o a
tree and whipped. An ofucer came to take Warner by force ; he ccnfi^l-
cred it as an affdir of open hoftility ; engaged, wounded, and difarmed
the ofEcei ; but, with the honor and fpirit of a foldicr, Ipared the life of
tlie enemy he bad (ubdued. Thefe feivices appeared in a very different
light tc the fe'tlers, and to the government of New York : The firfl con-
fidercd hiiai as an eminent patriot and hero ; to the other he appeared as
the firft of villains and rebels. To nut an end to all further exertions, and
to bring him to an exemplary piinifhmrnt, the government of New York,
on March gth, 1774, pafTed an aft of outlav/ry againft him ; and a procla-
mation was Iffued by V/. Ti yon, governor of New York, oiTering a re-
ward of fifty pounds to any perfon who fliould apprehend him. Thcfe
proceedings uf New York were beheld by him with contempt ; and they
b&d no other efleii upon the fetilers, than to unite them moie firmly in
their tippoiuion to ibar government, and in their attachment to their own
palriotir. leader thus wantonly prolcribcd.

In (ervices of fo dangerous and important a nature, VVarner was engaged
from ii><- year 176,5,10 177^. That year a fcene of the highef^ magnitude
and confequcnce opened upon ihcwoild: On the lyrh of April, the .'\.
nierican war was begnrr by thi" Britilh troops at 1 e.xington. Happily for
thccoontrv if- was commenced wiih fuch c}rcnmflaiirfs wt infolenct ai-d
cruelty, as left no room for the people of America to-doubt what was tl if
tx>urfe Vkhich they ought to ptirlne. 'i"he time was conic, in which total
fubiptlion, or the horror* of war, mud take place. All America pre'ei-
rcri the latter ; and the people of the New Hampfliire grant* icimediatclv
uiKicitook to fecure the BiUifh forts at Ttco«de»oga and Crown Poi.u.

APPENDIX. 447

Alien and Warner immediately engaged in the buunefs. Allen took the
command, and Warner raifed a body of excellent troops in the vicinity of
iSenninglon, and both marched againft Ticonderoga. They furprifed and
took that fortrefs on the morninf; of the tenth of May ; and Warner was
fent the Tame day with a detachment ot the troops to fecure Crown Point.
He effefted the bufinefs, and (ecured the garrifun, with ail the warlike
llorcs, for the ufe of the continent.

The fame year Warner received a commifTiori from Congrefs to raife a
regiment, to affifl in the rcduftion of Candda. He en^/aged in the bufinefs
with his ufual fpirit of aftivity ; raifed his re<;im>;iit chiclly amonj his old
acq'iintance and friends, the Green Mountain Roys, and joined the army
under ihe command of general Montgomery. The honorable Samuel Saf-
ford of Bennington, was his lieutenant colonel. Their regiment condutl-
cd with great fpirit, and acquired high applaufc, in the a6lion at Longuisl,
in v/hich the troops defigned for the relict of St. Johns were totally de-
feated and difperfed, chiefly by the troops under the command of colonel
Warner. The campaign ended about, the uoth of November, in thecourfe
of which Ticonderoga, Crown Point, Chaniblee, St. Johns, Montreal, and
a flset of eleven fail of rcffels hid been captured .by the American atms.
No man in this campaign had afted with more fpirit and enterprife than
Col. Warner. The weather was now become fevere, and Warner's men
■were too miferably clothed to bear a winter's campaign in the fevere cli-
mate of Canada. They were accordingly difcharged by Montgomery with
particular marks of his refpeft, and the mod affeftionate thanks for their
meritorious fervices.

Warner returned with his men to the New Hamplhire grants, but his
mind was mure than ever engaged in the caufe of his country, Montgome-
ry, with a part of his army, preffed on to Quebec, and on December 31(1
was flaio in an attempt to carry the city by llorm. This event gave an a-
larm to all f'oe nonliern part of the colonies; and it became neceffary to
raife a reinlorcernent to march to Quebec in the midfl of winter. The dif-
ficulty of th-; bufinefs fuited the genius afid ardor of Warner's mind. He
■was at Woodbury in Connefticut when he heard the news of Montgomery's
defeat and death; he inftanrly repaired to Bennington, raifed a body of
men, and marched in the midft of winter to join the American troops at
Quebec. The Cdmtjaign during the winter proved extremely didrelTing to
the Americans ; In v/ant of comfortable clothing, barracks, and provifion,
moft of them were taken by the Imall pox, and feveral died. At the open-
ing of the Ipriiig in May 1 776, a large body of Britifh troops arrived at
Quebec to relieve the garriton. The .-Kmciican troops were forced to a-
baudou the tiluckade with circumftances of great dillrefs and confufiou.
Warner chofe the moft difficult part of the bufinefs, remaining always with
the rear, picking up the lame and difeafed, aiTiftingand encouraging thofe
who were the moll unable to take care of themfclvcs, and generally kept
but a few miles in advance of the Britifn, who were rapidly purfuingthe
recreating Ameiicans trom poll to poft. By lleadily purluing this conduft
he brought off moft of the invalids ; and with this corps of the infirm and
difraled he arrived at Ticonderoga, a few days alter tiic body of the army
had taken polf'-fliou of that poft.

Highly approving his extraordinary exertions, the .'\merican Congrefs
on July 5, 1775, the day after ihey had declared Independence, refolved
to raife a regiment out of the troops which had fcrved with reputatioit
in Canada. Warner was appointed colonel, Safford lieutenant-colonel of
this regiment ; and moft of the other officers v/ere perfons vjho had
been (iiftitiguifhsd by their oppofiiion to the claims and proceedings o\'

448 APPENDIX.

New York. By this appointment lie was again placed in a f:tuation per-
fedlly agreeable to his inclinavion and genius ,• and in conformity to his
orders he repaired to Ticondsroga, where he remained till the clofc of the
campaign.

On January i6, 1777, the convention of the New HampfViire fjrants de-
•^ared the whole diltrift to be a foverei^n and independent ftate, to be
known and diltinguillied ever atier by liie name of Vermont. The com-
inittce ot fafety in New York were then fitting, and on January 20th they
announced the trar.fadlion to Coagrefs, complainincr in hi^h terms of the
conriuff of Vermont, cenfuring it as a dangerous revolt and oppofition to
lawful authority ; and at the lame time remonftrating againft the pro-
ceedings of Congrefs in appointing Warner to the command of a regiment
independent of the legiQature, and within the bounds ot that ftate ; ' ef-
' peciallv, (aid they, as this colonel Warner hath b:cn conftantly and in-

* variably oppofed to the legiflature of this ftate, and hath been, on that

♦ account, proclaimed an outlaw bv the late government thereof. It is

• abfoiutely necelfary to recall the commiffioiis given to colonel Warner
'and the officers under him, as nothing elfe will do us juftice.'* No
meafures were taken by Congrefs at that time, either to interfere in the
civil contefts between the two dates, or to remove the colonel from his
command. Anxious to effect this purpofe, the convention of New York
wrote further on the iubjcft on March j ft, and among other things de-
clare, ' that there was no: the lealf probability that colonel Warner could

• raife fuch a number of men as would be an objedl of public concern. '+
Congrefs ftill declined to difrnifs fo valuable an officer frora their feivice.
On June 23d Congrefs was obliged to take up the controverfv between
New York and Vermont ; but inftead of proceeding to disband the colo-
nel's regiment, on June 30tli, tliey relolved, ' that the reafon which in-

* duced Cony/e's to term that corps, was, that many officers of different

* ftates who had fcrved :.a Canada, and ' alledged that they could fooa

* raile a regiment, but were then unprovided for, might be reinflated in

• thefervice of the United Slates. '^; Nothing can give us a more juft idea
of the ientiments which the American Congrefs entertained of the patri-
otic and military virtues of the colonel, than their refufing to give him up
to the repeated folicitaiions and demands of fo refpc^lable and power-
ful a flate, as that vi New York.

The .American armv itationcd at Ticonderoga were forced to abandon
that fortrefs on Julv 6, 1 ;77, in a very precipitate and inegular manner.
The colonel wih his regiment retreated along the weftern part of Ver-
mont, through the towns of Orvveil, Sudbury, and Hubbirdton. At the
laft of thefe tovi'ns, the advanced corps ot the Briti[b army overtook the
rear of the Anieiicari troops on the morning of the 7th of July* The A~
mcrican army, all but part of three regiments, were gone forward ; ihtfe
v.'cre part of Hale's, Francis's, and Warner's regiments. The enemy at-
tacked thetn with luperior numbers, and the higheft profpeft of fuccefs,
Francis and Warner oppofed them with great ipirit and vigor ; and no
ofBcers or troops could have difcovered more courage and firmnefs than
they dilplayed through the whole action. Large reinfoicements ot the en-
emy arriving it became irnpoinbieti make any efFectual oppofition. Fran-
cis tell in a moU honorable diichargc of his duty. Male furrcndercd with

* A. Ten Brock's tetter to Congrefs, Jan. to, 1777.

+ Letter of March i .

I Journals of Congrefs t June ^0, 177-.

APPENDIX, 449

^u regiment. Surrounded on every fide by the enemy, but calm and un-
daunted, colonel Warner fought his way through all oppofition, brought
off the troops that relufed to capitulate with Hale, checked the enemy irt
their purfuit, and, contrary toall expeftation, arrived fafe with his troops
at Manchefter. To the northward ot that town the whole country was
deferted : The colonel determined to make a ftand at that place ; encour-
aged by his example and firmnefs, a body of the militia foon joined him ;
and he was once more, in a fituation to proteft the inhabitants, harrafs the

• enemy, and breakup the advanced parties.

On the i6th ot Auguft, the vicinity of Bennington became the feat of
a memorable battle. Col. Baum had been dispatched by general Bar-
goync to attack the American troops and deftroy the magazines at Ben-
nington. Gcneial Starks, who commanded at that place, had intelligence
ot the approach of the enemy ; and lent orders on the morning of the l6tli
to col. Warner at Mancheller, to march immediately to his airiftance. In
the mean time Starks with the troops which were affembled at Benning-
ton, had attacked the enemy under colonel Baum, and, after a fcvere ac-
tion, had captured the whole body. Juft as the aftion was finifhed, in-
telligence was received that a large reinforcement of the enemy had arri-
ved. Fatitjucd and exhaufted by fo long and fevere an adion, Starks
was doubtful whether it was poflible for his troops to enter immediately
Upon another battle wih a frelh body of the enemy. At that critical mo-
ment Warner arrived with his troops from Manchefter. Mortified that
he had not been in the aftion, and determined to have fome part in the
glory of the day, he urged Starks immediately to commence another action.
Starks confeoted ; and the colonel inllantly led on his men to battle. —
The Americans rallied from every part of the field, and the fecond action
became a* fierce 3nd decifive as the firft. The enemy gave way in every
direction; srreat numbers of them were flain, and the reft faved them-
felves altogether by the darknefs of the night. Starks afcribed the laft
vidtory very much to colonels Warner and Herrick ; and fpoke in the
hij;hell terms oi their fuperior information and activity, as that to whicK
he principally owed his fuccefs. The fuccels at Bennington gave a de-
t'five turn to the affairs of that campaign. Stark?, Warner and the other
officers, with their troops, joined the army under general Gates: Victory
every where followed the aitetnpts of the northern army; and the cam-
paign terminated in the furrender of Burgoyne and his whole army, at Sar-
atoga, on Oft. ij, 1777.

^ The conteft in the northern department being in a great meafure deci-
d-^d by the capture of Burgoyne, Warner had no further opportunity to
dilcover !iis prowefs in defence of his beloved ftate ; but ferved occafion-
Tlly at different places on Hudfon's river, as the circumllances of the war
required, and always with reputation. Defpairing of fuccefs in the nor-
thern parts, the enemy carried the war into the fouthern Hates ; and neither
New York or Vermont any longer remained the places of dilUnguilhed
enterprize. But fuch had been the fatigues and exertions of the colonel,
tlist when he leturned to his iamily in Bennington, his conftitution, natu-
rally firm and vigorous, appeared to be v.orn down ; and nature declined
under a complication of disorders, ocsafioned by the exceffive labors and
fuiferings he had palled through.

Moft of thofe men who have been engaged with uncommon ardor in
the caufe of their country, have been fo (wallowed up with the patriotic
paflian, as to negleft that attention to their private interelt which other
men purfue as the ruling padion. Thus it proved with colonel Warner :
intent at firft upon laving a ftate, and afterwards upon laving a country^

VOL. II H 3

450

APPENDIX

his mind was fo entirely engaged in tliofe purfuiis, that he had «ot madrt
that provifion for his family, which to moil of the politicians arid land-
johbers was the ultimate end of all theii mcalures and exertions. Willi
a view the better to fupport his family he removed to Woodbury ; where
in the year 1785, he ended an active and ulcfullife in high ellimation a-
mong his friends and countrymen.

His family had detiv^-d hitle or no eftatc from his ferviccs. After his
death they applied to the general affembly of Vermont for a grant of land.
The afTembly, with a fpirit of juftice and gcnerofity, remembered the fer-
vices of colonel Warner, took up the petition, and granted a valuable traft
of land to his widow and family : A meafure highly honorable to the
memory of colonel Warner, and of that afTembly.

No. VIII.

Proceedings of the Convention that declared the Independence of Vermont. Chapter
V. p. i6g.

New Hampfhire Grants, 1

IVeJlminjin Court houfe. ^ >"""''>' '5ih, .777.
Convention opened according to adjournment, Prefent the followinj
members :

Captain JOSEPH BOWKER. in the Chair.
1ft. Voied Dodor REUBEN JONES, Clerk Pto Tempore.

Bennington,

Nathaniel Clark, Efq.
Captain John Burnham,
Mr. Nathan Clark, Jun.
Lieut. Martin Powellj
Captain John Hail,
Col. Thomas Chittenden,
Captain Ira .Allen,
Captain Jofeph Bowker,
Captain Heman Allen,
Lieut, Leonard Spalding,
Lieut. Dennis Lockland,
Nathaniel Robiafon, Efq,
Mr. Jofhua Webb,
Captain Samuel Fletcher,
Col. Thomas Chandler,
Doftor Reuben Jones,
Lieut. Mofes Right
Mr. Ebenezer Hofmgton,
Mr. Stephen Tilden,
Mr. Benjamin Emmonds,
Major Thomas Moredock,
Mr, Jacob Burton,
By a letter from faid town,

voting for a new ftatc.
By ditto and ditto.
^ . , By ditto and ditto.

2d^ Voted to adjourn this convcntioD to eight o'clock to marrow i-iiorrN
ing, at this place.

Manchejier,

Cajlleton,

Willijion,

Colchejler,

Rutland^

Dummerjlon^

Wejlminjler,

To'ojnfhend,

Chejler,

Rockingham,

Windfor,
Hartford,
Woodpock,
I^orwich,

Pomfret,

Barnard,

Royalton,

APPENDIX. 451

Thurfday eight o'clock, convention opened according to adjournment.
Major Jofeph Williams, and lieutenant Nathaniel Selley, from Pownal,
took their feats.

3d. Voted, That Dnfl. Reuben Jones, be an afTiftant clerk to Capt. Ira
Allen, at this time beinj; prc-lcnt.

4ih. Voted, That Lieut. Leonard Spalding, Mr. Ebenezer Hofington,
and major Thomas Morcdock, be a committee to examine into the num-
bers that have voted for (he dillrifl of the New Hampfnire Grants to be a
feparate (late fiom New York, and how many are known to be againfl it;
and make report to this convention as foon as may be.

Renort of faid committee : — " We find by examination, that morethaa
three fourths of the people in Cumberland and Glouceiter counties that
have aflcd, are for a new ifatc ; the reft we view as neuters.
By order ot committee,

EBENEZER HOSINGTON, Chairman."
^h. Voted to adjourn this convention one hour, at this place. Conven-
tion opened at time and place.

6ih. Voted, N. C. D. That the diftrift of land commonly called and
known by the name of the New Hampfhire Grants, be a new and feparate
ilate ; and for the future conduit themfeives as fuch,

7th. Voted, That Nathan Clark, Efq. Mr. Ebenezer Hofington, Captain
John Burnham, Mr. Jacob Burton, and colonel Thomas Cr.itteoden, be a
committee to prepare a d^alJ^ht for a declaration for a new and feparate
ilate ; and report to this conveiilion as foon as may be.

81I1. Voted, T+iat captain Ira Allen, colonel Thomas Chandler, doftor
Reuben Jones, Mr. Stephen Tiiden, and Mr. Nathan Clark, Jun.be a
oomiflitiee to draw a plan for further proceedings ; and report to this con-
ven'ion as foon as may be.

Qth. Voted to adjourn this convention to eight o'clock to morrow morn-
ing, at this place.

Friday morning, co.iveotion opened accordin;T to adjournment. The
commiitee appointed to bring in a draught of a declaration, fetting forth
the right the inhabitants of that diftrift of Und commonly called and known
by the name of the New Hampfnire Grants have, to form themfeives into
a Uate or independent government, do make tiie following report to the
honorable convention convened at WeUnuiiIter, January i5Ch, A. D.
i777, viz.

" To the honorable convention of reprefentatives from the fcvcral town*
on the weft and eaft fide of the range of Greea Mountains, within the New
Hampfhire Grants, in conveniton affembled.

Your commiitee to whom was referred the form of a declaration, felling
iofth the right the inhabitants oi faui New Hamplhirc Grants have, to form
themfeives into a feparate and independent ftate, or govcrnmeut, beg leave
to report ; vii.'

Right 1. That whenever proteftion is withheld, no allegiance is due, or
can of right be demanded.

2d. Tnat whenever the lives and properties of a part of a community,
have been manifeftly aimed at by either the legiflaiiveor executive authoii-
ty of (uch community, neceflity requires a feparation. Your committee
are oi opinion that the foregoing has for many years paff, been theconduft
of the monopolizing land claimers of the colony of New York ; and that
ihev have been not only countenanced, but encouraged, by both tne legif-
lative and executive audiontics of the laid flate or colony. Many ovesC
afts in evidence of this truth, are fo frefh in the minds ot the members,
tiiat it would bs r.ecdltfs to narae them.

452 ' APPENDIX.

And whereas the Congrefs of the fevcral ftates, did in faid Congiefs, oa
the fifteenth day of May. A. D. 1776, in a fimilar cafe pafs the following
refoluiion, viz. " Refolvcd, That it be recommended to the refpeftive af-
femblies and conventions of the United Colonies, where no government
fufficient to the exigencies of their affairs h'as been heretofore eliablifhed,
to adopt fuch government as fhall in the opinion of the rcprefentatives of
the people, beft conduce to the happinefs and fafety of their cooflituencs
in particular, and of America in general." — Your committee having duly
deliberated on the continued coodufl of the authority of New York before
recited, and on the equitablcnefs on which the aforefaid rcfojution of Con-
grefs was founded, and coufideiing that a julf rijrht exifts in this people to
adopt meafures for their own fecuriiy, not only 10 enable them to fecurc
their rights againft the ufurpations of Great Britain, but al(o againU that of
New York, a«d the Isvetal other governments clauning jurildiftion in ihis
territory, do olfer the lollowing declaration, viz.

" This convention, whofe niembeis are duly chofen by the free voice of
their conftituents in ihe feveia! towns on the New Hanipniire Grants in
public meeting affemblcd, in oar own names, and in behalf of our conflitu.
ents, do hereby proclaim and piiblicly declare, that the diftriil of territory
comprehending and ufually known by the name and defcription of the
New Hampfljire Grants, of ri^ht ought to be, and is hereby declared for-
ever hereafter to be confidercd, as a tiec and independent jnrifdiftion, or
fiate ; by the name, and forever hereafter to be called, knov/n, and diilin-
guifhed by the name of New Connefticut, alia* Vermont ; Andthatthe
inhabitant? that at prrlent areTofTRat may bcrealter become refident, ijithet
by piocreaiion or emigration, wit'nin faid territory, fliall be entitled to the
fame privileges, immunities, and enfranchifements, as are allowed ; and on
Juch condition, and in the fame manner, as the prefent inhabitants in fu-
ture ViViW or may enjoy ; which are, and forever (hall be confidered to be
fuch privileges and immunities to the free citizi ns and denizens, as are, or
at any lime licrcafier may be allowerJ,to any fuch inhabitants of any of tiie
free and indepciiuent ladies of Amoiica : And that ftich privileges and im-
munities fiiall be regulated in a bill of rights, and by a form of govein-
iiient, to be efiablilhed at the next adjourned frffion of this convention."

lOtb. Voted, N. C. D. to accept of the above declaration.

" To the honorable the c hair.»nan and gentlemen of the tonvenlion, your
co.Timiitee appointed to take into coni'sdtiation what is further ticceffary to
be tranfaf.cd at the preTent convention, beg leave to report, viz.

That proper information br given to the honorable Continental Congrefa
of the United Stales of Amcric?, of the reaioiis, why the New Hampfhite
Giants have been declared a free liate, and pray the laid Congrels to grant
{aid flate a repre'ientation in Congrels ; and that agents be appointed to
transfer the fame to Congrels, or the committee be filled up that are al-
ready appointed, and that a committee be appointed to draw the draught :
That a committee of war be appointed on the eaft ficc of the mouniams, to
be in conji:ii£iion with the committee of w-aron :be weft fide of th« moun-
tains, to a(S on ai! proper occafions : That iome fuitable meafures be taken
to govern our internal police for ihe time being, until more fuitabic meaf-
ures can be taken : That fcine fuitable way be taken to laife a (uni of mo-
ney, to defray the opences of the agents that art 10 go to Congrefs ; and
for printing the prccecdiigs of the convention, waich we are ofo^iinioo
ought to be printed. AW which is humbiy fubmiitcd to the convention,
by ycur committee.

By Older of committee,

THOMAS CHANDL5:R, aauM^s."

APPENDIX. 453

iitb, Vot.?d, N. C. D. to accept the above report.

Havinsj made Ibme other legulatioiis, on January 22d, the convention
adjourned to Windlor, to meet on the firft Wednefday in June.

Original records of the convention, p. 6is — 68 ;
in the hands oj Jonas Fay of Bennington.

No. IX.

The Declaration a nd Petition of the Inhabitants of the Ketv Hamp/kire Grants t»

Co'igrcjs, announcing the Dijlriil to be a Fret and Independent State. Ctiap.,

V. p. 170,

To the honor ahlc the Continental Congrefs.

THE declaration and petition of that part of North America, fifuate
fouth of Canada line, well of Connefticut river, north of the MafiTachurttis
bay, and eaft of a twenty mile line from Hudlon's river, coataming about
one hundred and forty four townlhips, of the contents of nx miles iquare,
each granted your petitioners by the authority of New Hampftiire, befides
feveral grants made by the authority of New Yoric, and a quantity of va-
cant land, humbly fhev^eth.

That your petitioners, by virtue of feveral grants made them by the au-
thority aforefaid, have many years fince, -with their families, become atlual
fettjers and inhabitants of the (aid defcribed premifes ; by which it is now
become a refpeftable frontier to three neighboring flates, and is of great
importance to our common barrier Ticondcroga ; as it has furnifhed the
army there with much provifions, and can mufter more than fivethoufand
hardy foldiers, capable of bearing arms in defence of American liberty :

That fhortly after your petitioners began their fettlements, a party of land.
jobbers in the city and flate of New York, be;;aii to claim the lands, anti
look meafures to have them declared to be within that jurifdiflion :

That on the fourth day of July, 1764, the king oi Great Britain did pafs
an order in council, extending the jut ddtftion of New York governmentto
Conncflicut river, in conreqncnce of a reprcfcnLaiion made by the late lieu-
tenant governor Colden, that for the convenience of tiade, and adniinittra-
tion of juftice, the inhabitants were defirous of being annexed to that ftate;

That on this alteration of jurildicf ion, the laid lieutenant governoi Co'deti
did grant feveial trails of land in the above dei'cribed limits, to certain
perfons living in tiie ftate of New York, which were at that time in the
".iftual poffelTion of your petitioners ; and under color of the lawful authori-
ty of faid Uaie, did proceed againil your peticioners, as lawlefs intruders
upon the crown lands in their province. This produced an application to
tiie king of Great Britain from your petitioners, felting forth their claims
vinder the government of New Hampfhire, and the difturbance and ititer-
ruption they had (ufFired from faid pofl claimants, under Nev,? York.
And on the s-^th day of July. 1767, an order was pafTcd at St. James's,
prohibiiir^ the governors ol New York, for the time being, from granting
any part of the defcribed pre miles, on pain of incurring his higbeft dif-
l-Iealure. Ncverthclefs the fame lituienant governor Colden. governors
J5unmore and Tryon, have each and every of them, in their refpeflive luros
oi; adminittraiion, prefurncd 10 violate the faid roya! order, bv making fev-
eral grants of the prohibited premifes, and countenancing an sftual invafion
of your pciiiioaers, by force of arms, to drive them oflirom their pofTcf-
i:on.:.

454 APPENDIX.

Thofe violent proceeding's, (with the folemn declaration of ihe fupreme
court ot New York, that thr charters, conveyances &c, of your petitioners'
lands, were utcerly null and void) on which they were founded, reduced
your petitioners to the difagreeable necefTit v of taking up arms, at the only
means left for the fccurity of their poirffiTious. The coufequcnce of this
Itcp was the pafling twelve a£ls of outlawry, by the legifidiure of New
"York, on the ninth day of March, 1774; which were not intended fortne
ffate in general, but only for part of the counties of Albany and Charlotte,
viz. fuch parts thereof as arc covered by the New Hamplhire charters.

Your petitioners having had no reprcfentative in that affembly, when
thefe afts were paded, they firfl came to the knowledge of them by public
papers, in which they were inferted. By thefe, they were informed, that
it three or snore of ihem affembled together to oppofe what faid afTembly
called legal authority, that fuch as fhoulrt be found affembled to the number
of three or more, fhould be adjiidji;ed felons : And that in cafe they or any
fef them, fhould not furrender himieif or themlelves to certain officers ap-
pointed for the purpofe of fc-cunng them after a warning of leventy day;.,
that then it fhould be lawful for the refpecfive judges of the fupreme court
of the province of New York, to award execution of Death, the fame as
though he or they had been attainted before a proper court of judicatory.
Theie laws were evidently calculaied to intimidate your petitioners into a
tame furrender of their rights, and iuch a ttate of vafTdlage, as would entail
ruifery on their fatell pollentv.

It appears to your petitioners. th3t an infringement on their rights is full
meditated by the flateof New Yoik ; as we find that in their general con-
vention at Harlem, the fecond day of Augutf iali, it wa- unaniraoufl/ vot-
ed, '• That all quitrents formerly cue and owing to the crown of Gieac
Britain within this flate, aie now due and owing to this convention, or
iuch future government as m^y hereafter be edabiifhed in this ftate,"

By a fubmilTion to the claims of New York, your petitioners would be
fjbjfftcd to the payment of two fhiliings and fix pence fterling on every
hundred acres annually ; which, c.,'mpared with the quitrents of Levmg-
flon's, Phillips's, and Ranfirar's ma'iois, and many ot.'ier enormous tradts
in the beft fuuations in theUaie, would lay the molt diiproporiionate fhare
of the public cxpcnlc on your peuiicners, in ail refpeCts the lead able to
bear it.

The convention of New Yoik havr now nearly completed a code t.f
laws, for the future government ot tliat {fate ; which, fhould they be at-
tempted to be put ill execution, wili fubjcft your peiitioncrs to the fataV
necffnty of oppohng them by every means in their power.

When the deciaraiion of the honorable the Continental Coogrefs of the
fourth of July lait patt, reached your petitioners, they communicated it
lhrough(.iit the vvhole of their didndt ; and being properly apprized of the
propoled meeting, delegates from the fcveial counties and towns in the dif-
triit, dekiibed in the preamble to this petition, did raeet at Wcffminller
in faid dillr:£f , and afier leveial adjournments for ihe purpofe of loimin^
themfelves into a diliiiifl and feriaiate fiate, did make and publllh a dec-
laration, " that they would at ail times thereaiier confider thi;ni(elvej as a
free and independent Hate, tapable ot legulaiirjg their owii itiiernal police,
in all and eveiy rcfptft ' batlocver ; and that ihe people m the fai.l dcfc
cribcd dillriff, have the lole exclufive /ijhtcf governing themfelves in lur'j
a manner and form, as they in their wifdoju fhouldchoole; not repugnant
to any relolves of the honorable ihf Continental Cungrcfs :" And for the
niutudl fupport of each other in the reaintenance of the freedom and inde-
p^eiidcnce of faid dilliiit or fcparate ilaie, the laid delegates did jointly aad

APPENDIX. 455

iteverally pledge themfclvesto each other, by all the ties that a^e held facred
amon^ men, and refolve and declare, that they were at all times ready, in
conjunftion with their brethren of the United States, to contribute their full
proportion towards maintaining the prcfent juft war againft the fleets and
armies of Great Britain.

To convey this declaration and refolutioa to ^our honorable body, thft
grand teprefentative of the United States, were we (yoar more immediate
petitioners) delegated by the united and unanimous voices of the reprefen-
tatives of the whole body of the fettlcrs on the delcribed premifes, in
whole name and behalf, we humbly pray, that the faid declaration may be
received, and the diftrift defcribed therein be ranked by your honors, a-
mong the free and independent American ftates, and delegates therefrom
admitted to feats in the grand Continental Congrefs, ardd youc petitioaers
as in duty bound fhallever pray.

New Hdmpjhire Grants, Wejiminjler, 15^/% Jan. 1777.
) JON AS "FAY.
Signed by order, and in be- f THOMAS CHITTENDSN",

haU' of faid inhabitants, r HEM AN ALLEN,
J REUBEN JONES.

No. X.

Tht remonflranctojthe CommiJJioneTS from Vermont againjl the Proceedings of Con-
g^efs. Sept. 22, 17S0. Chap. V. p. 197.

To the Hon. theCongrels of Ike United States of North America.

THE remonftiance of Ira Allen and Stephen R. 3rad!ey, commidioners
from the free and Independent ftateof Vermont, appomted for the time
being to attend on Congrefs.

With pieafure they embrace this firft opportunity to tcftify their thanks
for the perlonal honor done them by Congreis, in giving them an atten-
dance though in a private capacity, with their honorable body: At the
fame time lament the necellity which obliges them to fay, they can no.
longer fit as idle fpertators, without betraying the trnft repoied in them,
and doing violence to their feelings, to fee partial modes purfued, plans
adopted, ex parte evidence exhibited, which derives all its authority from
the a'teftation of the party; paffnges of writings fele£ted giving very
falfe reprefentations of fa6ts. to aniwer no other end but to prejudice your
honoiable body againft the State of Vermont ; thereby to intri^^ue and
baffle a brave and meritorious people out of their rights and liberties. — '•
Wc can eafily conceive the lecretary's of5ce of the itate of New York,
may be converted into an inexhauftible fource to furnifh evidence; to aalwsr
their [jurpofe in theprefent difputc.

Ncedlefs would it be for us to inform Congrefs, that by the mode of
trial now adopted, the flate of Vermont can haveno hearing without de~
nying itlelf : And to dole with thole rcfokitions, whic^i we conceive our
enemies have extorted from your honorable body, and on which the trial
is now ploccd, would be in fact, taking upon ourfelves that humility and
felf abafemsnt, as to lofe our political lite, in order 10 find it.

We believe the wildom of Congrefs fulficient to point out, that purfuing
fbcprefent mode, is deviating from every principle of the Idwj of nature.

456 APPENDIX.

CI nations : For if the difpute is between the ftates claiming oa the ene
part, and the (tare o' Vermont oa the othci, whether the latter be a (late d:
iure. as an independent jurifdiflion dcfacio ; they ought to beconfidcred iri
the coiirie of 'hedilpute, until the powers interpofing, have determined
■wh ther rhe latter be an independent jurifdiflion de jure, if not ihey of
courfe O'tc^'r [O annihilate the jurifdiftion deJaBo \ but to annihilate the
Rate dijdclo in the firft place, isfummarilv ending the difpute ; to deny
the :a;t(r any independent jurifdiftion dejacto, is to deny there is any lon-
ger parties in the difpute.

^gain we conceive the means connected with the end, and upon no prin-
ciple whatever can we juftify, that either pan fhould eflablifh the mudus
or rules to be purfued in determining difputes wuhoat confounding every
idea of right and v^-rong In the prefent. caie, on the one part might
the endatjullly have been eflLibUlhed as the way and means toeffeft the end.

We arc far fmm being willing ihoie brave and ftrenuous efforts made
by the fiaic of Vermont in the controverfv with Great Britain, fhould be
buri^-d by our grafping advcrfaries, (tfii'lting after domination and prey)
in tne ppcious pretext of riotoufly afTuming government ; and we there-
by lose all credit for the men and money we have expended.

Thus whik- we are necef!ratf d to remonftrareagainfl the proceedings of
Congrc's oa the prefent mode, we are willing at the fame time any equit-
able enquiry fiiouM be made, the flate of Vermont being allowed equal
j>rivilegcs with the ochcr ftates in the difpute.

And that the ftatc of Vermont might (land juHified to your honorab'ft
body, and to the world, both as to her prefent and future conduft, we are
induced, as well from principles ofauacnment to the American caufe, as a
regsrd v-'C have for peace and harmony among the llatesof America now'
at war with Gicai Biitain, to make the following piopoials. viz.

jfl. That the (fate ot Vermont will, as (oonasmaybe, forward to the
fecretary ot CongrcTs, an attcifed return of a'l male perfons, liable to do
duty agreeably to a miliiia aft heretofore exhibited to Congrcfs in a code ot
Jawp, eiuiilcd " The Laws of Vermont;" and the ftate of Vermont ihal'
fo: rji,d during the prefent war wiih Great Britain, from year to year fur-
m<h an cq .,il number ottroops in the field in proportion to their numbers,
as Congrofs ih^il eltimate the quotas of the feverai United States in pro.,
port ion to their numbers; vvhich troops (hall be clothed, quartered and
paid, by the ftate of Vermont. And at the clofe of the war, the difpute
fhail be "quitably fert led bv the mediation of fovcieign poweis; and no-
fhiwjf hirein contained, (hall be conftrncd to take away the right any oi"
the United States claim to have in or over the (late oj Vermont .- Or

2diy. We are willing to a(iree upon lome one or more of the Icgifla-
eoresof ihf 'iinnterellcd itaies to interpofe as mediators, and fettle the
difpuie: Or

gdlv. We are willing Congrcfs, being pofTeffed of lovereignty, (l^iculd
interpofe to prevent the nTiifion of humaa blood : At the fame lime, v.'t
teprobaic every idea of Congrefs fitting as a court of judicature, to detcr-
tnine the difpute by virtue of authority given ihcm by the atl or afts of
lbs ffate or dates that nuke bat one parly.

It gives us pungent grief that fuch an important caufe at this junfture os
affaiis. oil which our a// depends, (hoald be forced on by any genilemtu
piofcnii.g themlelves friends to thccaa'e of .'America, with fuch veficmencc
snd (pii:: as appear.son ilie pan of ihe ftate of Mew York ; And fhall on-
ly add. that if ihe ma'.tcr be itius purUif d, we (Una ready to appeal to God
and ihc v orld. who iniilf he accountable for the awful confcqnenccs that
a>ay calue. Signed at Phiharlp/iia, ihu zid day cf September, A D. 17S0.
iR.\ ALLEN, aTEPHhN R. BHADLtV.

APPENDIX. 457

No. XL

^aeji.ons propofii h the Committee of Can^refs to the agents tn the part of Vtu

mgnt, toithihe Anfajirs o/the Agenti; A'l^u/i i8, 1781. Chap. V. p. ^ig.

Queftioa ift. ARE the boundaries fee lorth in the written propofiMona
ilelivered in by the (aid Agents at this time, claimed by the ilate of Verrnoiit
as the lines of ju'trdiftion, the fame as contained in the re(olution of Caa- *>•
grefs of the yih of Auguft inftant ?

Aofwer. They are the fame, with the addition of part of the waters o£
Lake Champhin for the benefit of trade.

Q. 2d. What part do the people of Vermont meaoto take as to the
patt expenfes of the preien;; war, and what aid do they propofa to afford
js to men and money to the common defence !*

A. Such proportion as fnall be mutually judjjed equitable after theit
admifTian to a feat in Congrefs, which has been at feveral different times
officially propofed by agents on the part of Vermont.

Q. 3d. What are the ideas of the people of Vermont relative to the
claim of private property, uoder grants or patents from New Hampfhire,
•r New York previous to the prefent revolution ?

A. Although the Hate of Vermont have not hitherto authorifed any
courts to take cognizance of fuch caufes as refpect titles of lands, never-
thelefs they have had, and ftill have it in contemplation to adopt fuch
modes as the circumftances arifmg out of each cafe may jui'dfy, withouc
adhering to the (trift rules of law.

Q. Ath. What are the intentions of "your conftituents in regarcL
Jo the patents thr,t were granted on conditions of fettlement within a giv-
en time, and which have been prevented by the claims of the people o£
Vermont, and the prefent revolution ?

A. No forfeitures have been taken by the ftate of Vermont on any fuch
grants for nonperformance of couditions of fettletrsent, and vve conceive iC
ro be the intention of our confxituents to grant a further rcafonable time
for fulSlling fuch conditions. '

O. 5th, What are the number of inhabitants within the lines men-
tioned in the propofuions abovementioned (

A. As the citizens of Vermont have not been lately numbered, we can
therefore only eftimatethera at thirty thoufaad, which we conceive to be
.nearly a tiae eltimate,

Q, 6th. What quantity of land is contained within the faid bounds ?

A. There has been no accurate furvey of the (late of Vermont, but we
conceive it to contain about five millions of acres.

Q. 7th. What applications have been made either publicly or private^
ly by the enemies of the United States, or their adherents, to draw off the
p:ople of Vermont from their affection to the United Slates of America ?

A. The honorable committee are poffeffed of copies of Bev. Robin-.
fon' J letters inclosed in Biigadier general Allen's letter of the 9th day of
March lal^, to the thea Prefident of Congrefs, and any private offers wa
■ianriot avouch fox.

. <^. 8:!i. In cafe the enemy fhould attempt an invafion of the northero
froijtieri, what aid as to men and provifions could be raifed in tha ftatc
of Vermont for the public defence (you can fuppofc the invarson made ia
different quarters) and in what time ?

A. The number of militia within the l:ncs herein limited, we fuppofc
'« be about (even thaufand ; arc in general well armed ar.d accoutred,

VOL, ii I ; J

458 APPENDIX,

and have cer ftiown thcm'elvcs ''pirited in cafe of alarms, &c. In t#»
gard to provifior.s, thccour.tiv i' fertiic, but new. and confideiahlp emi-
grations from other flates to Vermonr. — THe lec^ifliiure at tnei'- fefTion m
Oftdber lall, Icvird a tax on the inhabiiants Tufficient for viftsalling opS
ifaoii'^jod fivehiin red trocios mthc field for twelve mnnths, and we are of
opiniou a large ftore ntiay be in tlie fame manner co.lftied theenfuing zn'
tumn.

No. XII.

The Improvement luhick the Man nf Europe fits received in America. Chap.
XI If. p. 430.

IT has h<*en an ooinion of'cn adopted by ' he hiflofinns and philofopSers
of Europe, 'hat all the animjls in America are inferior in everv tniog
which con*'iii'e> their propf^ perfftion. 'o thofe of the fame (prcies ia
Europe. M. de BufFon has av'-ved this ferr.imer.t in its fulieft extent :
Copying from h'm, m'ft of the European writers have embraced and
rcpea'cd th* fame hypotbcfis. To add fomething; new to the conjefiore,
the Ab -r Ravnal has wifhed to fi.id iome ma:ks of degradation in ihe
Europears thprnfclvcs, when rcmrved into 'America ; that he might from
thafcirfumftaice deduce a conclusion, that there was fomething natuially
deficient and degrading in the \mcrican climate with regard to the pro-
duftions and powe s otanimsl lite.

Among "ther pa!T;ges, the followia^ arc remarkable for the finpularity
of the feniiment and exp^effion : — " While tyranny and perleculion
" were deflfoying popula'ion in Europe, Brlciih America w.is beginning
" to be peopled with three forts of mhabitants. The liril clafs confifts ot
"freemen : It is the rnoif numerous, but hitherto it has vifibly degen-
" crated. The C'coles. in general, though habiruated tothe climate from
*' their cr?.dle, are not fo robuR and fit for l^hou^, nor fo powerful in war,
*' as the Europcns; whether it be ihat thev have not the improvemenrs of
" education, or that they arc .ofiened by nature. In that foreign clime
*' the mind is erervat'-d as well as the body ; Endued wiih a quicknefs
*' and early penelra'ion, it eafily apprchrnds, but wants fteadinefs, and 13
•' not nled to continued thought. It mull be a matter of aflonifhment tf»
*' find, that America has not yet produced a good poet, an able mathc-
•' matician, or a man of genius in anv finglc art or fcience. They pofTcfs,
*' in general, a leadinefs foi acquiring ihe knowledge of every art or fci-
*' encc, but not one of them (hews a decifivs talent for one in particular.
•' Is it polfiblc that, although the Creoles educated with us have every one
*' of them good fenfe, or at lead the moft'pan of tiiem, yet not one fhould.
" have at ifeii to any great degree of perfeAion in the flightefl purfuit :
♦' And that, among fuch as have f'aid in their own country, no one has
*' diftinguifhed himfelf by a confirmed luperiority in ihofe talents which
«' lead to fame ? Has nature then puniihed them for having crofTed the
«' ocean ? Are they a people degenerated bv tranfplanting, by growth, andi
«« by mixture ?"*

Such i.« the account which the Abbe Raynal gives of the degradation
■which has come upon the defcendants of Europe in America. It may
afford amufementto an inquifitivc mind to examine the obfervationt, and

* Rayval's Hi/lory of the lajl and Wejl India, vol. vi. p. 80, 81 , edit. 1 783.

APPENDIX. 459

invefiigate what has been thefaft with regard to the defcesidaots of thofc
J^u-ropean* who fettled in the Unitfd Stales of America ; and we know not
how (o conduct tlic inquiry upon fairer principles, than to endeavour to
iifcertilin what has b'-eo the 'ffc£t with regard to their government, religion,
population and thulc arts which tend the mod to reader human life mor«
aafy and happy.

I. With regard to civil government. — Whenthe men of Europe came
into America they bmoght with them no other ideas lir Icniiment* as to
the naiuie or f'.tm of civil government, than thole of the European mon-
archies. Hereditary monarchy »as ihe elHblifhed form cf govcriiment in
all the kiDgdoms. from which the firft ferilers in America came. The
authoiity of the monaich wiS then every where efteemed as iacrfd and
divine, fomeihing derived immediately from the Go^ of kings, not at all
depenriant upon or dciived from the people, but relcrvcd. appropriated
and imparted by the Creator of all, to cer'.ain Eu'Opcan families ca'led no-
bl' and royal. Firmly believing in, and deeply impreifcc v. ith fhele ideas,
the Spaniards,' the Iiench and the Erglifh, came into \vl. at, in the lin-
gulai iaiigusgeof Europe, was called the new v.orld, ar.ti thry every where
aitemptfrt to eUablifh the iamefylfcm and loim of government. And be-
hold th( (irfi mark o^ their degiatiation in the American climate ! Believ-
ing in monarchy, wiih all its high diftinftions'and claim>s, of uncorrup-
fcd and noble aid royal blood, they irr.mediatcly found the diftin£lions
and privileges annexed to it were uiinatu-al, uielefs, and foolifh. Their
bufinels wai to c'car up tie lands, lo plant the country, and to provide
food and raimKnt. To men engaged in fuch neccirary ai.d ufetul f m-
plovmeiits, nature and fnuation luggcfted the vanity and foliy of the Eu-
ropean diftinfiirns ai;d titles ; and they faw at once, that man was not any
bettT for betng called a duke, an carl, or a marquis. Civil government
the- immediately found was a matterot the highf ft confcquencc and ne-
CffTi'y ; and inltead of enquiring nicely into the heavenly property faid to
be apprf>pTiai d ai.d communicated to kings, they pafTcd over tbcfe iub-
lime mytt'^ries, took rle ftep that nature taught, and entered into combi-
rati. Hi amoig themselves t'Oth to form and fupport civ ik, government.
Their conftant employ ment of clearing up an uncultivated country, gave
them jolt and ce^mpiehenfive views of the nature and origin of property :
Their mutua' wants, interefts, and fafety, taught them the nature, defign,
srd t'utv of civil government ; and every thing in their fituation and
emplovmer.t tended to give them jull ideas of the rights and duties of roan.

Tnus, while in theory they believed in the facred right of kings and
monarchy, every thir;g in their buGneis and in the (late of the country
taught them a contrary doftrine; and plainly ir.dicated, that it was the
will of their Creator that they fhould govern themiclves in fuch a manner
as was beft luited, to their condition and flate of focicty. Duiing a cen-
tury and an half the kings of England ffill kept up their claims, and their
authority. This interference of royal authority was every where found
to produce mifchief, and to be unfriendly to the iniereff and profpcrity of
the colonics. Ac length the matter became foopprcflive and odicu;: that it
could be endured no longer. The people of America and theking of Eng-
land appealed to arms, which fhou d have the iovtieign authority. Heavea
declared in tavor o! the jult and righteous Cbulc ot tlie people. The A-
mcrican fyilem of government, till ihen unknown to the world, took p!3ce4
1 he univerfal and uncomraon proipenty of i(>c whole continent engaged
the attention of all Europe. The wifeft and moft powerful of all her na-
iioas caught the American 3arae, endeavoured to avail bcrfeJf of the A"

46^ APPENDIX.

merican principlci to deflroy defpotirm, and edablifh the repoblican htm.
of government ; bat unfortunately, fuch was the ftate of fociety in Europe^
that her nieadid not undciftand the principles, and could not fucceed ia
their Urugglcs to eliabiifli a f\ ftetn of free government. •

It certainly then cannot be in matters of government that the men of
Europe have degenerated in America. The whole effect- has been the
other way i They havedifcovered the true principles of a free government,
and firmly eflablifhed them in their own country. The riril nation ia
£urope endeavoured to do the fame, but failed in the attempt,

2. Another article in rcfpeft to which the degradation of man often ap-
pears with a melancholy afpetl, is in matters of religion. At the lime

vhen the firft emigrations were made to America, the religion that wat
eflabjifhed in aimt-ft every part of Europe, was truly and properly the re-<
ligron of monarchy. In conformity to the diliinftions and,difFerent orderi
of men in the flale, the clergy were alio arranged under different- names^
dignities and orders : froiTJ the dirt, by various fteps and orders, the iiie-
larchy jofe to the skies. Beginning in the privilege of begging, the or^
der of clergy rofc one cvsr another, till the whole terminated in a fpiri-
tual monarch called an atchbifhop, patriaich, or pontiff. In the higheft
fpiritual office, by whatever name it was called, were united the privi-
leges of great wealth, the powers of fuperftition, temporal honors, civil dig-
nities, and a fnuation next to the throne / efieftuaily fccuring the con-
fcience of the foverejgn. the obedience of the clergy, and the faith of the
people. Ceremonies, creeds, and confefiions, founded in folly, ignorance
and knavery, iormcd the larg^fl part of what was called the divine lervicct
The principles and praflice of morality were forgot, and tlic fear of God
and love of our neighbour were but little laughr or regarded. To believe
in the charcb, was. the grand requifite : and the vices of fuch men, howev-
er enormous, gav<; but little offence ; conformity made atonement lor all
vice? ; and he w-ho was an obedient (on .of the church, and liberal i<-,
money to bis fpjtiiual mother, was fare of being bleffed by deaeonsj ptkfis
and biibopf. ■ . '''.'■.''■■.. " ■' ' '"

This fyil"*i of corruption, called at that time religion, had beeome fo
apparent and abufivc, that the degrteof corrupiicn had terved to engage the-
attention ot many ferious perions ; and the tonfequrncc of thinking at all
upon the lubjeft, wa.« a discovery that there were many errors and almfee
in the national religion. ■ T^w (ooncr had the emigrants aiiivfd in Ne-v.
England, thdii they laid afide the whole fyflem of ecclcfiaftica! power; and
although they were far frorn comprehending the principles of religioj-'
liberty, and had loo much of the intolerant and perfccuting fpirit which
they biought from tl.tir mother country, ihey embraced the leading prin
ciple of relijticu.s freedom which produced all the rcff, ' that the people
themfflvesfhould choofe their ov.-n clergy who fhould be .without civil pow-
ers or honors.' Amidft thoufands of errors and tnilfakc?, ihis fundamen-
tal truth gained flrergth, gradually explained itfelf, and <ontinued to ope-
rate till it produced that peifcfl fyftem of equality and freedom which
now takes place in America : A (\ftem iii exa^l coi^iormitv to the genius
and fpirit of the pure and benevolent religion of Jehu '^bri.1 ; greatly fa
vorable to fociety ; and honorable, in the highefl degref, lo the couutiy
ti-.at discovered and produced it.

Is it then in matters of religion that the men of America have degeji-
irated from their anceliors ? Aic the eflablifbed and di«iiificd clergy <v,
THonarchics, the only meek and humble fucceiTors of the fl-^iermen ot Gsli
I'.t ? Is it in the divine I'ght of tilhesand tenths, thst apotlolic Chririia/i'

APPENDIX. 461

Sty confifts ? Or have no order of clergy any valicl commifTlons, bu^
thofe who receive thoufands and ten thoulands ot the money earned by
the labors and ruftVrinos of the people? Are thete the men. vv'ho, above
all others, are th^ followers of him who liad not whereto lay his head ?
It i> imp- fiible not to discern in the reiigimss eftablifhments of Europe,
the powers, the m^xim'., 'he policy, and the abufes of monarchy and ef-
tabljihed corruption. And it is apparent, that in Amerira the people
have wholly rfjf£led this iyftem of tyranny and iniquity, and have every
where eftablifhed t'le righ's of Cfnfcience, and that unlimited equality and
freedom to which all men are jnftly entitled, and which nature and Chrif-
eianiiy enjoin and require Inflead then of being degraded by refiding in
•America, (he men of Europe have here become much more cn-
lighiened and improved in their religious principles than their
brethren whom they left behind : And it was in the country where every
ihirif; partook of the (pirit of freedom, that they firft difcovercd the true
principles of religious freedom, and ecclefiaflical policy.

3 If the degradation of the European cannot be found in their civil
or religious attainments, it will be moft natural to look'for it in their phy-
Tical qualities and propeitiei. — And what has been the cafe here ? Are the
fnen ol America degenerated in their (ize, ftrengih, vigour, and courage ?
So the Britifh minifiern talked and talked; and nothing could make them
be'ieve to the contrary, till two of their armies were takeoj their generals
and troops every where defeated, and na fecurity remaiued for any of them
b«it in the neighborhood of their fhipping. It then bccams necefTary to
fave their own honor, by contefling that the men who had captured their
generals and armies, had probably as much courage and ftrcngth as the
troops they had taken cnptive. If fuither proof is neceffary here, the matter
is referred to the Britifh nation M decide : No people have faid fo much of
the American v/eakneis and cowaidice, as you accultomed yourlelves to be-
fore ihc late American war. Will you nov/ be fogood as to tell us at:
what time, and by what nation, ycJiir !;ing and parliament were ever fo ef»
fetbiallv humbled as by the captures of Burgoyne ar>d Cornwallis ? Could
rhdfe Americans, by whom your beft generals and troops were thus
diflioaorfd, be men, whofe bodies and minds were enervated in a foreign
climate f Is it then in lefpect tn the increafe and prefervation of the hu-
man fpeciei, that the Amtricins are become inferior to the Europearis ?
In this refppft one of the beff informed writers in Europe has told us,
tbat " in Great Britain and mofl other European countries, they are not
'■' fuppofed to double iiilels than five hundred years.*" In America,
thepeiiod of doublings from the moft authentic obfervations, in every
part ol tlie United States, is between twenty and twenty five years. + Strange
degradation tha: has proved above twenty times more favorable to popu-
lation, than the lla'.e cjf fociety in Europe .' '
4. Is it then in thofe arts which tend to render human li.^c more eafy
snd liappv, tha: the Ameiicans have degenerated ? So far from this, that
they have mzde great improvements in all thofe arts, which are of the
greaiell necf iTity and convenience to man. Among the moft ufeful arts,
agriculture, by the conftnt of all men, is to be ranked firft, as moft of all
fleccffary and ufetul. And is there in the annals of mankirid, any inftance
in which !o rouch has been done, and fuch improvements made in the
courfe of one century and a half ? from north to fou'.h, through a trait -yi

* Smith's Wealth of Nations, Vol. I. p. 9 >
t Hiftory of Vermont, p. 4?r,

462 APPENDIX.

co..-'''-y f"";een hundred miles in length, and two hundred in width ; th«
wildtriiefs, never touched before by the hand of cuhivjtion, has becniurn-?
«d into CoutiHiing cities, or fruitful villages and fields, fettled b> fix mtl-
lions of inhabitants, and affording food for as many more Europeans. In
jio country, and at no period of time, has agriculture ever before perform-
ed fuch exploits and wonders in fo fhoria period of time. lncommercc»
no fooncr was America delivered fr< m the fhcickles of the Briiifti naviga-
tion afts, than fhe carried hti comrnerce into the rrioff dilUnt parts of
the jlobe : And thofe India voya((es which the Britifh m-ichanti had ea-
dcavored to itnprcveJormorc than two centuries, werein mcdiaieiy perfor-
med »a lefs than half the time, & at lefs than haif the expcnfc, to which the
Europeans h.id been accuftomcd. In the mechanic arts, confeffini; our fu-
periority, the Britifh workmen have fent lor the .American mechanics, to
teach th^m the art cf giving (trengih a'jd durability to tlieir : ridrtt ; And,
in no kirid of mechanical employment, is i; the cafe that the European
■workmen will perform one hilf of the burinels, which is done by the A-
inerican laborers in the fame time.

But in thofe arts and fciences which are merely fpeculative, theoretic,
or ornajncntal, the cafe i* not tlie fame: Here the rubjedls of ai;cient and
wealthy monarchies aie before the citizens of a mw country Wnile the
latter are employed in rendering their country rich, happy, and flouiifh-
ing, the former, forbid to meddle with the affairs of go'crumeiit or reli"
gion, are allowed to cuUivsie the languages, poeLrv,arid mathematics:
And thefe the Abbe Raynal fecms to conlidei asthe only mark* ot gca-
ius. flrengih of mind, or excellency of underUandiiiff. Trained up inn
country where every thing bore the marks and tlfcdts of dclpotifm, he had
no ideas of any impiovtments among the people, or that ifie body of the
citizens ever were to arife to any thing great or good. And hence he W3S
looking for the cxillence and evidence of gctiius in a few tenoarkable
poets, philofophcrs,and matr'ematicians, in the imitators of Homer, Thco-
critus, Anacreon, Archimedes, or Newton,

Was there ever any idea of genius and eminence lefs juft, or more per-,
feftly monaichicd' tfian this ? It is allowed ipecubtive ftiente ami the
■fine arts deferve the ;ittf-niion and Goltivationof every ct>ontry : iiut furcly
they are not the primirv or mod imponant purfuits ; tior do they bear
any proportion in point of utility to thole arts, in which the ncceffifies
and convcnicrxic'^of all men are concerned. When Homer wrote his
Iliad, and when Milton favored the world with his Paradile Loft, tfiefe
poets did that vthir.h difplaved the greattfi force and extent ot the ima-
gination, atid defctved the approbation of all loen. When Newton di»-
covcred the la\v of aitritftion, and invetligatcd the principles of Piuxions,
•he difcovered a firength ot mind honorable to human nature, atid wlnca
could not tall to engage the atteniion ot all the mathtinaiicMSins in Euiope.
But neither in the one nor in the other of thefe difcoveries, were the body
of mankind much concerned, nor have they received much advantage fionri
eitiier of them. The duties and the enip'.oynicnis of men were the fame
before and alter the dit'covery of the new planet ; and the body of man-
kind had precifely the fame air to breathe in, bcfoie Piicllly Uifcovcrcd
that it might be produced in various mctfods, and had different tfTcfls.
It is not thtrefoie by the difcoveries of a few matliematii.ians, or by the
imaginations of a few poets, that a country is made to thrive, that huinaa
happine'^s is moft of all promoted, or that the body of mankind are to be
mofl improved. Ii is no mark, therefore, of degradation in the peopleof
Amcrie',j ilnttih- Ab'^c i-'.aynal does not tind them gcncially endcavoriiig

APPENDIX. 465

:o 3cc;uire fatn?, by devoting thcmfelves to poetry and the tBsthematics.
It is the mark and the effeft of fuperior informatioa in human affairs, that
their philofophers have laifed their views to hioher objrftb, an;i arc moli
of all devoted to the purfuits and improvements which have ihe welfare,
the improvement, and the pr'ofperity of their country for their more im-
mediate ubjeft ; And whenever thefe arecarried to their proper nerfcclion,
all that is really u'edil and T^roperly ornamental, will fucceed of courfcj
We rejeft. therefore, the abbe's idea of men of ^e.iius ; and are (■:>rry
that he did not know, that the mod fublime work of the human mind, is
to improve the civil and mora] ftate of the people, and to render a whole
nation more improved, happv, and piofperous. With men of this kind
of genius. America every where abounds : And fuch kind of phiHfopherj
are infniitelv more ufeful to us, than a few eminent poets aad mathcmati«
cians are, or ever cpm be.

It is n<it therefore degradafion, but a hi^h ftate of improvement, that the
men of Europe have acquired in America ; And this improvemen' does
hot confill in aiiainments merely fpeculative or orjiarKental ; but in thofc
civil, moral, w,id economical virtues tha"; render a country happy, profper-
ous and highly floiirlftr"nn;. But vithour enirTieratingeve''y article that be-
longs to this fubjcft, the geniral eff:li will be fuScient fairly tojjletermins
whell^r this has been the cafe or not.

In the >ear 1788, the former Britifh provinces were declared by the Eu-
ropean powers to be free, fovereign. independent Hates. Since that period
the number of inhabitants in the United States has more than doubled.
The fame ha5U'eri the cafe with the number and extent of our fettled
towus. Our agriculture, in iti produce and cff.'^fti, has iiicreafcd in a fiill
higher ratio. Our commerce has fprcad over the globe ; and from the re-
duced ftaie of priuaiion and poverty in which our independence found our
commerce and finances, in the courle of twenty three years we are becom'?
more commercial than any nation in Europe, Great Britain alone except-
ed. Our manufactures are carried into alinoft every village and family ;
and are in a ftate of ra.id improvement and increafe. An uninterrupted
peace has ilmoft univcrrally prevailed in cvzry part of the country ; and a
very extenfive. ric'n, and valuable addition has been mride to our territory,
The'e arquifitions have been the refult, not of war, dcftruftion, and con-
queft, bui of coliiv^ition and the arts of peace. Daring this period, fiercs
and repeated attacks have been made on thofe parts of the locial lyftem,
wher€ Europe has fuppofed we were the moft weak and vulnerable. Be-
lieving that ihe fvftrm of popular elcftion and reprefentalion was naturall,y
produftive of faftion and corruption, there have been tliofe in every ftate
who have i-mpioyi'd all the arts of mifreprefentation ar.d intrigue to agi«
tate and divide the people, and abafe and oppofe the government. But
all the 2eal, noife, and ravings of laftion, have not availed to deftroy, ma-
terially to alter, or to weaken the government of any one of the American
ftates ; or the federal conftitution, which is defigned to embrace and pre-
ferve them a!!. Attached 'o their counlrv, the people every where adhere
to their republican principles, union, and government, under which they
have enjoyed unit;itfrrap"ed peace, profperity, and improvement. Such
has been the refuU and elFedl of the republican and political experiment, iri
the United States, during the v^hole period of their national cxHtence.

Europe, if will be allowed, is that part of the globe in which the im«-
provement of man and of fociety has been carried to the greatcft degree of
pcrfeftion, that has appeared in the eaftern hemifphere. Her (yftem of
government is ancient, fully eftablifned, and perfcftly well underllood b'/
the experience and praftice of many ccatuncs ; and that goveriiiaent is ai-'

464- APPENDIX,

moft univerfaiiy monarchical. Her religion involvasa rich and eftiyilhsd-
church ; a learned and wealthy prielthood; ceremoaiet, cuilomi, and re-
ligious fervices, venerable by age, fupportcd by law, and believed to be ef.
tablilhcd by diviae auihority and revelation. Her learning and fcience Uc
exceeds any thing of that nature, which has teen a quired in Ainericarf
The wealth that is accumulated, in thole countries is tmineniely fuperior
to any thingxhat we prjITeis. Her armies are in the full power.*: of num^i
bers, difcipiirie, experience, royal fupporc and animation. Her fl ets, ia
their number, power, in the abilities of their commanders, and m rhe
difcipiine and hardihood of their (ailors, exceed any thing that has ever
appeared on this globe befoie : .And cent. iry after cenury has been cm.
ployed, to gife perfection to her courts and laws. Here then it is rational"
to look foi all the beiirrtis that can flow from the European fyllcmofan
eftabiilhed monarchy, chuich, army, navy, and law ; made bo wertul by-
All the aids that wealth, commerce, and thf- higheft attainnients in the arts
and fcieaces can produce. ■'

And what has been tiic focial efF'.S of this aftoni(l\iDg accumulation of
learning, power an.d human acquifitions; and how has it oocraced on the
imptovement and happinefs of man and ot fociety ? War, perp"tual war,
the exaltation of a fev/, the pjvsrty anti degradation of the people, has been
ihc natural, certain, and univcrfal efFefl. The very attempt to introduce
the principles of Arr>er!can freedom, has f.i"'en new pojvers and extent lo
defpotirm ; and fpieaa the fpirtt of deffruction, plunder, and fiaughtei?'
through every partoi Europe ; and when thefemlferies and plagues will
jftop, no man can tell. Which then isthecouotry in which man and focie-
tyis advancing to moral and focial {mproveraent and felicity? Let <he
general e.Tscl determine what arfwer Ihnu'd be given to fuch inquiriea
and Ipeculations. If this kind of improvement has been carried

ifurther with us, than it ever was in any oth;;r country, then have the mc«i,
^f America performed the ^leateft work that ever was done ; and rtfcti to
ifcebi»be1 a'taium^uis, by which penius can be diitJiavH..

APPENDIX,

465

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i^PPENDIX.

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APPENDIX. 477

The forcgotnf!^ arc the lirtj which were f.ivea in to the General AfTembly
fay the particular towr.s, m confoimiiy to an aft of the lcf;iflature. la
cotnpatir.g the value ot the liH taken in 1791, the prices ot fomc of the
capital ar:;c!ei -.veie ihns ftatcd by the Affcmbly : — Improved land, tea
fhillings per acre. Neat cjttle, cne year old, fiftetn l}iii lings per head ;
two years old, thirty fhiliiiif;s per head ; thice years old and upwards, for-
ty fhillings pet head : An ox, lour years old, and upwards, three pounds.
Horfet, one year old, twenty Oiilliiigs ; two years old, forty fhillings;
three years old and upwards, four pounds. — As thefc prices were fcarcely
one half of the current prices of thofe articles, the real value of the ratable
property of the ftate, muft have been doible of what was fct down in tlir
lifls. It is probable this was alfo the cafe with the li'.fs taken in 1781,
But although nciiher of tlieie lifls will give the cxaft value of the taxable
properly of the ftate, at eiiher of thole periods, they will ^ive the increafe,
or the relative value of the taxable property at thofe times : And we can
clearly deduce from them, that from the year 1781, the whole ratable
property ot Veimont became doubled in eight yejjrs and an half; and
from the year 1791, the latable property of the ftaie becaine doubled, ia
nine years.

In Virginia, the period at which the value of their land and flaves ta-
ken conjunctly, doubles, is Hated by Mr. Jefferfon, to be about twenty
years.*

The number of towns repicfented in I7 Si, was fixty three : The num-
ber reprefented in 1791, was one hundred and twenty fix. In 18.6, the
number of towns that fend leprefentatives, was one hundred and eighty
feven.

Thofe towns which are not taxed or reprefented, do not give in to the
afTerably any account of their ratable property.

No proper enuroeiation of the inhabitants of Vermont, was made, be-
fore the cenfus taken in 1791. Thegeneral etlimations of the aflcmblies and
agents before that time, were roerely conjeftural. From a report which
Gov. Tryon of New York made to the king of Great Britain, of the ftate
of that piovince in the year 1772, it appears that he had procured a lift of
the inhabitants of each county in that province : Two of thofe counties,
Cumberland, and Qlouceiler, were in Vetniont ; and CDntained the traft
of country, which lies on the eafl fide of the green t«<nintains, and is nov,'
formed into the counties of Windham, Windior, and Orange. The num-
ber of people in thofe counties in the year 1771, was as foiiows :
* Notes on Virginia, d, 187.

478

APPENDIX.

IVHTTES'.

BLACKS.

Names of the
Counties.

c

■c

X

ii >-

U

a

H

l-S

c^

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"S S .2

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Glouceffer. I tt8 iS^!8 I ifjjii,-;' | 715!

I "o I 7 11 72a

^umberiand. 110711100215919411 86213^3511 o| 6 ( 1 j 31 al 12113947

Thefe two Counties, at that time, contained about two thirds of the peo-
ple in the whole diftrift. The whole number of inhabitants therefore ia
1771, muft have been about fevcn thoufand.— In the Cenfus taken in 1791,
lije numbers Hood thus :

bO •

•■'■-™

0^ c

j S 0

" "^ "5 5

E \L

0.

£"5

u

= s ='P

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Counties.

white

ding

lies.

0

c

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S-S

Z

ti; 3

tii.s,^

<

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1-

^.daiioii,

1784

»66j

2964

37

6449

Bennington,

3^14

3211

5893 1

20

16 12254

Chittenden,

..55

1/6)

5258;

23

7301

Orange,

vi87 4

2768

48401

4>

10529

Rutland,

398^

409-

7456.

31

^55^5 .

"Wind for,

4103

4^.5^

7543,

45

•5748

Winn ham.

44' 8

4672
142328

_ 8,545'
4^505.

58

1769-?
85539

lotal, 1

^=^435

=551

10-

In the Cenfus taken in 1800, the numbers were thefe :

FREE WHITE MALLS.

i-o

~ to

Free white females. \

Ei

3"- sL r-

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C O

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"O be

5.1 ^-
z- s -

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3 ^ S I— "^

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»o 10 ko 16 1 to 26 1 to 45 I45&CH10 lo ko 16 1 to 26 Ito 45|45&cl

2242ol»2046l 13242! 16544' 8 3 7 6 ' 1 .; 8 J 7 2h 1 366I 126061152871 7 '4q'55?
-^ : __^_ TOTAL 154,465.

APPENDIX. 4'?'^

Additional notes.

SINCE the publication of the firft volume, the theoretic eftima-
tion of the altitude of the White Mountains, mentioned vol. I. p 28th and
rgth, has been examined by barometrical obfervations ; of which, Mr. N.
Bowditch, an able mathematician of Salem, Maffachufelti, has favored me
with the following account :

" The juftnefs of vour remarks relative to the height of the White Hills,

• in your hiftory of Vermont, has been corroborated by fome late baromet-
' rical obfervations. The obfervations were iriade by a party confiding

• of Dr. Cutler, profclTor Peck, and feveral other perfons befides myfelf. I
' did not afcend to the fummit of the higheft peak, but Dr. Cutler and
« profeffor Peck did ; and on the 28th of July, 1804, at two P. M. they

• found the Barometer to fland at 23 in. 39 inches, and Farenheii's

• Thermometer at 54 degrees. At the fame time at the foot of the moun-

• tain. at MelTervy's houfe, the Barometer (toed at ig, in. 13, and the Ther*
' mometer at B6. At Salem and Bofton, 20 or 30 tect above the level o?

• the fea, the Barometer at that time flood at 30 in. 10 ; Thermometer at

• 82. On the syth of July, 1 805, at 8 A. M. the Barometer at Meffjrvy's

• flood at 29 in. 13, and the Thermometer at 86. In Salem at the fame

• time the Barometer flood at 30 in. oa, and the Thermometer at 68.
« From 3 comparifon of the obfervations at Meffervy's with thofe at Salem
' and Boflon, I find (hat the former place was elevated about 164 fathoms

• above the level of rhe fea. And by the comparifon of the obfeivations at

• the top of the mountain with that at Meffervv's, I find that the height a-

• bove Meffervy's was about 1026 fathoms. So that the whole height a-

• bove the level of the fea was about 1 190 fathoms, or but little more than
' feven thoufand feet. On the whole we may conclude that the higheft
' point of the White Hills, is in round numbers not far from/even thoufand

• feet above the level ot the fea." LetUr of May 30, i8o8.

In Vol. I. p. 462, 1. 22, the followmg remark refpefting Dr. Franklin
fhould have been inferted.

But among all their Philofophical writers, it was in Franklin that the
genius of fcience rofe to the greateft height, and appeared with the bright-
eft luftre. Trained up to the labors and profcffion of a Printer, and with-
out the advantages of education or wealth, this man by his difcoverics in
eltftricity, attained an eminent rank among the improvers of fcience ; and
entailed a durable reputation both on himfelf, add on his country, la no
philofophical di'covery had the human mind afted with greater energy
and boldnefs, thsn when he conceived the idea of gaining accels to th<;
treafures, and giving a dircftion to the thunderbolts of heaven. Daring \n
defign, he wasaccuiatc and fuccelsfu! in the grand experiment : ."^nd the
year 1752 will be long remembered in the annals of fcience, as the time
■when the lightning was firft drawn down from the heavens by the mofl
fimple of all contrivances, bv Franklin's Kite at Philadelphia.

In Vol. II, p. 37, an account is given of the capture of Ticondcroga by
colonel Ethan Alien. The following is his account of that affair :

" The firft fyftematical and bloody attempt at Le.xington, to enaflve A-
merica, thoroughly elcftrified my mind, and fully determined me to take
a pan with my cotmiry. And while I was wifhing for an opportunity to
fignalize myfelf in its behalf, diredfions were piivatcly fent to me from the
then colony, now ftate of Connefticut, to raife the Green Mountain Boys,
and if pofTiblc with them to furprife and take the fortrefs of Ficondero^a.
This cnterprife I cheerfully undertook ; and after firft guarding all the Icv-
eral paffcs that lead thither, to cut off all intelligence brtween the gar.'itoa
and the country, made a forced march from Bennington, and arrived at
the lake oppofite Ticondcroga, on the evening of the ninth day of M^y,

480 Al^PENDIX.

*775» with two hundred and thiitv valliatit Crc?n .Vfoan'.ain Soys ; ani.
it was wifh the utoioft UifTiruhy that I pr(>eufed [riritis to croTj the lake.
However I larided ..•i.Hity three m?n near the garririn, riid fcnt the boats
back for the rear guard coimnindcd Sy Col mcl Seth VVarnijr ; but the
day began to dawn, and t found rnvTclf n.'cellt atcd lo auack the fort,
before the rear could croi's the lake ; and as it wa$ viewed hazardous, I
harraogued' t)ir officers and foidicrS in the tnanner foHowtn:; : " Frleoda

* and fellow (oldiers. You have for a number of years paft been a •co\irt^e

* and terror to arbitrary powers. Your valor has beea famed abroad,

* and acknfjwiedged, as appears by the advice and orders to me fronJ

* the Q;eiiferal aflemblv of Connefticut, to filrprife and ta'<.et'ie qarrifoi navf

* before us. I now propoie to advance betore vou, and ii- perToa con-

* duft vou through the wicket gate ; for we tnult this niorning e-.ther quit
' our pieccnfions to valor, or polTjfs ourfelvcs of this fortrefs in a few mi-
' notes ; and inasmuch as it is a defperate attemot, which nonebu':';he bra-

* vcfl of men dare utidsi-take, I do uoturgc ii on anv contrary to his wilL

* You that will undertake voluntarilv, poifc vour ilrelock."

The men being at this time drawn up in three ranks each pcifed his
firelock, I ordered ;'>em to face to the right ; and at the head of the centra
file marched fhem i.-rtmcdiately ro the wicket gateaforefaid, where I found
a feotrv pofied, wh', inftantiy fnapped his I'ufeeat me. .( ran imrnsdi-itc-
ly towards him, and be retreated thr >iigh the covered way ioto ihe parade
vUhin the {jarrilon, jrave a halloo, and ran under a bomb proof. My party
who followed trie into the fort. I tVirm'-d on ;he parade in fuch a manner,
as to lace the barracks whicrt faced each other. The garrifon being afieep
except the fentries, we gave three huzzas, which greatlv fcirprifed theitt.
One of the fentries irlade a pafs at one of rrtv olBccrs with a charged bayo«
net, and fiightiy Wounded him. My firff thought was to kiH liim with
Hiy fwbrd, but in an inllarat ( aiterjd thedellgn and fury of the blow to a
flijjht cut on the (ideof the head ; upon which he dropped his gun and
a fked quarters, which I rendily granted him ; and demanded the place
♦vheie the commanding officer kept. Hefhewtd me a pair of ftairs to
the front of the garriion, which led uo to a focond f!:oryin faii barracks,
to which I immediatclv repaired, and ordered the commander, capuin
Delaplace to come forth inftantly, or I would facrifice the whole garrifon :
At which time the captain came immediately to the door with his tarcecii-
es in his hand, when I ordered him to deliver to rrie the fort i.iifantly;
healked me bv whst authority 1 demanded it. I anfwered him,'' Iiith;
sfiame of the great Jehovah, and the Continental Congrefs." Tiie author-
ity of Congrefs being very little known at that time, he began to (peak a-
g^m, but I interrupted him, and with my drawn {wo''d near his liead a«
gain dcnanded an immediate furicnder of the garrifon ; with which he
then comi>lied, and ordered his men to be forthwith paraded witiiout
3rms, as he had given up the garriion. In the mean time lonie of my
officers had given orders, and in confeqiicnce thereof, fundry of the bar-
rack doots were beat down, and about one third of thegjrrifon imprifon-
fed, which confuled of faid c immander, a lieutenant FeUham, a conductor
cf artillery, a gunner, two fergeanis, and forty four rank and Hie ; about
one hundred pieces of cannon, onciliirteen inch mortar, and a number of
fwivels. This furprife was carried into execution in the grey of the mor-
ning of the tenth of May. i 775. The fun feemed to rife that morning
with a fuperior ludre; and Ticonderoga and its dependencies fmiled on
its coiiqierOrs, who tofTrd about the flowing bowl, and wifhed lucccfs to
>^ongrefs, and the liberty and freedom of Am3rica. Happy it wisfjr me
at iha' time, that the faure piJes ofthebo-'k of fate, which aftervavds
uiilol led 2 miferablc fcsne of two yeirs and eight months imprilonment,
wtre kia l<om ray view." Alltn's Njnz^ivc, p. 14 — 2I.

INDEX.

©©©©©

A.

<{Wirir J to srefident Adams, 281- Anfwer, 287. To prcfidcnt JefFerfoB,

31'. 328 347 AnUver, 313. 330
^gricultuie 353 Pi (.fits of. 353 The moft necefTary and uTcfui profef-

iion, 35^^, Nearly connefltd with viuue, 356 ; knowledge, 357 ; and

repuoliian governm'iit. 358
Allen Elian, oopolcs the govcrnmeivt of New York. 21. Takes Ticonde-

^^9,^' 37 480. Taken urifoner at Montreal, and lent to England 46.

Sent 10 Coi.srrefs as ai»cnt tor Vermor.t, 182. Subdues the oppdiiion

of Tome o' he inhabitants, 188, Applied toby tne Britilli i fficers,

302 Send' their letters to Cjngrels, 204. Agrees to a ceffation pi

h IfilitK-s, 206.
Allen 'ra negociaies with the Britith, 206, 207 21 r.
AmcndmtnU 10 the Federal Contluuiion propoled, 285. 298. 325. 33O.

3.'« 34» 346 .

Atnold tolnnei. joins the expedifion BCTainft Ticonderoga, 35. Difputes
wiih A lien fr.r li^e commmd . 37. Tak-f a l-iiitifh fli,op at St. Johns,
39, Commjiids in cxpt-dition againll Qjebec,^-. Arrives at point
Levi, .53. CiofT-s ihe rivi-rS:. Lawrence, and matches to Point an
• Tremoles. 54 Wound'd at the ftoim "f Quebec. 57. Takes the com-
nund ol the irooos. and continnes the blockade, 57. Infepidity and
firmnefs ot Arnold and the Americans, 6i. 66. Defeats the Canariians
under VI. Reaujean. 67. Appom ed a brigaditr general, and ftationed
af Vl'^ntreal, 70. Mj^c^'es to the Ceiar's and agrees to a cartel with a
Bri'ifh captain, 71. Leaves Monfe.Tl, 76 Takes command of the A-
merican fleet on lake Ch miplain. 8 ■. iing^ges the Britifh fleet with
great reToiution, 83. Retreats witii his veffels towaris Ciown Point,
84. Is forced to a fecoud engagement, and defeated. 85. Burns and
blows up his vtffels. and e'capi-s with his men, 85 Ordered to join
general Srhuv'.er, 118. Marclies for the relief ol fort Stanwix, izS.
Impe'uofitv ai;d vai.ir in ilonning; the SritiPn lines, 1 j8.

Alts and fcienccs, their uiilitv, 387. Literary inrtitutions and eflablifh-
ments, 389. Sta c of fcience, 389.

AJfembly, tieir anfwer to gov-rnor Tichenor, 278. 280. Intolerance, 281.
Ai'twer to the (governor, 288 300. 309. Violence of their proceedings,
3J2. J^nlwer 'O tne governor, 315. Proielt of the minority, gig.
Singular r-Tition "f a member, 3fc). Anlwer to the governor 323. In-
tolrranre. 324 P^'rplcxi v, 3 >.6. 329. Debates and views ot par'ies,
331—333. Anfwer 'o the governoi, 338 Modfiation and prudence
ot their meafures, 3f43 Anfwer rr> the governor, 3:) 4 P ejidiccs, in-
tole'ance, and po^iucs. 345^ R fl thons on the patTnns, interefts, and
pro eedings of poli'.ical aifcmblics and parties, 349, 350.

3.
Barks, petjijoned for, 328. Eftablilned, 348.

Beadle colonel. ab;>.ndons his command and troops at the Cedars, 71.,
C.< h ert'd ov Congrefs, 72.

Window mqj >r. covtr-i the retreat from Canada. 77.

Biihfli fen'itnens and meafures at the end r.f th.c iVll campaign. 62, Gen-
eral asid miniUers. attempt to make Verm )nt a royal province, ao2,
210. Evi^nt and effefl of their policy and meafures, 211 — i'lg.

482 INDEX.

Burgoyne general, appointed fo the command of the troops in Canada, a^,
S'.ate and force of the army urider his command. g6. Proceeds with hij
army, and encamps at the river 3oquet, and makes a foeech lo the In-
dians. 97. 437. I Hues a proclamation to affright and leduce the A»
mericans, 9g. 4?9. Treated with ridicule and contempt, 100. Inveft*
Ticonder ijja, 1C4 Purfues the Americans to Skeenfborough, deftroy3
their »t{Teis, and difperfts their troops, 108 Intoxicated with fuccefs»
in, Tarrirs at Skeenfborough, \i\. Arrives at Hudfoil's river and
foit Edwaril, 112. tmbarraffed and retarded in his progrefs, 1 \8.
Marcr.es towards Saratoga, i ig Sends a body of troops to attack Ben-
nington, i ig. Letter to gencial Gaies, 130, Reply, 131. Anfwer,
332. Paffes Hudlon's river, 136. In danger from his ambition and
confidence, 137. Battle of Sep'ember the loh, 135. Unlavorable to
the Britifti, 141. Difcouraging to the Indians, 143. His hopes and
cxpeflatioiis 01 iupport and relief, 14'?. Battle of Oflober 7th, 14,5,
Diftrcfs and movement of the royal army, 149, 150. Retreats to Sara-
toga, 15O. Endeavors to efcape to fort Edward, 1^0,151. Defperate
C!rcurB(tances.of the roya! army, 152. Propofes to capitulate, I.53, I54<
Agrees on ariicles of furrcnder, 155. Entertains a hope of relief, 155.
Signs articles of capitulation, 156. Terms of the convention and fur-
rfrif'.fr, i^jG. 443. LolTes of the Britifh army in this expedition, 158.

.S«//<)yjf/df major, (urrendeis the poll at the Cedars, 71. Cafhiered by
Congrcfs, 72.

C.

Cdvadtans join the American troops, 44.

Carleton general, endeavors to engage the Canadians and Indians againft the
colonies, 40. Efcapcs from .Montreal to Quebec, 50. Treats his A-
merican pnfo.iers with much humanity arid politenefs, 65. Relieved
by reinforcements and dirgerles the American troops, 6g. Kindnefs
and magiianimitv to the .'\tnerican prifoaers, ) ^. Proceeds with hi«
army to Crown Point, 87. Reconnoiters the works at Ticonderoga,
87. Returns with his army to Canada, 83, The moral ir.9uence of
his wiidom and virtues, 91. Reftiains the Indian baibarities, 92. His
humanitv ofFeiifive to the Sritiili miniftryj gj.

Chatham lord, his ipccch on the Indian birbarities, 443.

Chittenden governor, writes to Congre.'s againft ineir refolutions, 194.
Sends a n.ig to Canada tor the redemnlion of prifoners, ec6. Receives
a favorable anfwer from general Kaldiraan, 2c5. •Hi.. Receives a
melTage. and returns an anfwer to general Wafhington, 220. 222. 225,
Refignatioo, death, and ciiaraftcr, 275 — 277.

Calkge at Middlebury,elUbiiIhed by att of ttie legifiature, 303, 304. State
of 389-

Commerce 365.

Congre;s, ff-nd a bodv of troops to Canada, 42. Rcfo'ves rcfpffVing the
independence of Vermont, 165.175, 176 Commiflioncrs from, re-
pair to Vermont, 189. Refolves, ^o. 194. Hear the claims of New-
York and New Hampfhire. bu' poltpone a determination, 196,^197-.
Policy of this meafurc, 19S. Refolves 218 — i^io. Proceedings and
Tefolves. X30 — 2V2. Reflcdioiis on their meaiures, 233. Refolves,
246 — 2,18.

Cin/iitutim o* Vermont. 396: 397.

Conttcverf\ between thf piovince* of MafTachufetts and N:w Hamplhire,
rcfpt-dting their divifional line, 1 2

CopventiotiS of the people, 163, 164. 167, 168,

€tuntics and Courts, 40Z, laco/poratcd) 46; — t

\

index; 483

D.

Declaration and pttiiion to Congrefs, 1.69.

Dijeniions betv.een Great Britain and the colonies, origin of, gi..

DiJturbuTiCiS in Vermont, Z\^.

E.
£conow^, its effefls, 376. , Of the {government, 407. 410,
Education, common and general. 369.
Effcd of the German cruelties and abufes, 92.
Eritaprifc, fpirit of, 372.
Equality, its nature. 374. EfFefis, 376.
Exertiom, remailcable i.-i the retreat ot the Amerisans from Canada, 76, 77,-

F.
Federal conjlitution adopted, 2$o.
Firmnifs of the Aintricanj in their greateft tnisfortunis and dangers, S^-

88.90. 113.
Fket^ built by the Americans on lake Champlain, in 1776, 79, 8o.
FUd Btitifli, at the north end of lake Champlain, 80, 81..
Franklin, anecdotes ot, 479.

Frendom. depetids on :hs itate of fociety, 426, 427. Naturally produced
by the fettlemenc of America, 478,429. The caufe and cffcrti of ihe
An'ierican war, 430. Seldom prefervtd by government. 432. Depends
on the Hate and condition of the people, 433. Variable in its own na-
ture, 434. Bat naturally connetled with knowledge and virtue, 435.
Frenck revolution and politics, their infl lence on the Icntimer.ts and ztfairs
of Vermont and the United States, S71, 272. The origin and occafion
of political parties, 273. 277.

G,
Catet general, takes the command of the army at Crown Poit;t, 78. Rc-
rruits and animates his trqpps, 79. Refolves to leiinquifh Ciown
Point, and fortify Ticonderoga, 79. Deflroys the works at Crown
Point, 87. Prepares for an attack from general Carleton, 87. Dilmif-
fcs the militia, 08. .Appointed to command the northern army, ii8.
Arrives in the camp, and takes the command 125. Letter to general
Burgoyne, refptding the Indian barbarities, 131. Eng.igcs the Britifii
army, 24O, The battle Javorable, and anima;li-.g to the Americans. 140,
141, 143. Defeats the royal army, 147. Meafuies he purfues. I49 —
ly,. Enters into a treaty with general Burgoyne, 153. .Agrees to a
convention for the funender of the loya! army, 154, 1^5. Articles of
the convention, 156. 443. Humanity and jjohtencis at the furrender of
(he rosal tioops, 157. Diimiifes the militia, and marches to (lop the
progreis o£ the Sricifli on Hudfon's river, i^y. The inhabitants return
to iheii farms, 159.
Ctrmain George, direds the Britifii generals to encourage and afliil; the re-
volt of Vermont. 216, 217,
Gravis of lai:d by New llampfhire weft of Conneflicut river, 13.
Gregg John, difHculty with the government of Canada reipefting hisdealh,

289.
Government American, its principle, 391. Form, 391, Origin, 392.

Power, 294. Improvement, 395.
Gevernment of Vermont, conflituiion, 396. Laws, 401.- Counties and
Courts, 403. Annual expence, 406. Public revenue, 4C8. Economy,
409, JVJili'.ia, 411, Popularity, 414.

H.
Health, naturally annexed to jnduftry and temperance, 373.
^ /////colonel, atisckfd by the Amcricrrs, ic8. Relieved by ihe Indians,
ic8.

484 INDEX. '

HofpiiaUly, i»s origin and utility, 3^8.

Jivbbtif dhoti, battle of, tc6.

Hunting, 365. I.

Jtffefjon rhomas. chofcn prefident of the United States, 305. Profpefia
rfiid ineafiircs ac the commencement of his adminiftraiion, 3C6.

Improvement which the man of Europe has received in America, ^c8—
464.

Independence declared by the United States, 166.

Indef'e'/detxe o\ Vermont declared, 168 Wifdom and propriety of this
rriraure, \-jo. y

Indian barbarities, their rffcft on the minds of the Americans, 130 — 134.
.Depredations. 956. Their cruelties abated. «;>q — 241. Ch'^efs, their
application tr> liie lejiflriture ol Vcrrnont, 283 iViealuics ot the AfT-m-
Llv, 284. Report of the go<-ernor. 290. Refolve of the afl'embly. 291.
Decihoii on theirclaims, 302.

Juigei of the Supreme Ccuit, complaint and inquiry refpeftinf; their fees,
336,237. Rcfolvcs of the all'trntly, 337-339. Reflvftions on the
procceuiugs. 340.

K.

King of Grest Britain, his decifion of the boundcry line between Maffa-
chiif'ttsand New Hampfhire, 3 2. Between N.-:w Hamplhireand New
York, 16. Miiiifter'5 and generals attempt to corrupt and feduce Ver-
mont; 20i. 104.. 210, an. 216.

' T '

Labot, ht;;h profits of it, 353. Naturally prcduflive of induSry and inde-

p.vnd' nee, 367.
Lands between Co.ifie£iicui river and lake Champlain, become valuable by

,ho cotiquell ot Canada, 11. .

liWr account of, 401.

Le^ijluttiie. of Vern>ont, tncir ttiarnfer of tranfafting the annual bufihefs of
i^i- iinie. 269. CciDplrat a vi lufne of laws. 270. DijriVe advantages
frotn the fjnlp'ifity ot their foi m's ' arid ciriioms. 274 Meafurcs a&d
pi,->cteflir.gs »{ Windfor, in 1797,' ayB.v^^q. Ac Veigennes in 1798,
E^g — 2°^ A' Wind'br in V^gg. 287—299. At Middlebury iVi 1800,
o. o— 3C5. At Ncvvbury in i)*'c.f.307 — 313. At Biulihgion in 1 802,
314 — 320. At\\\-ltmiBfte> i !i8d3. 320-:33(>, At Wind (or "in '.8 ■'4 ;^30
f^' — 33^. A; Rutland m 1864 334 — 338' mi Danville in 1805 338 —
• .'54.'> ^' M'd'rilchiiry i" '806:345- 345 R iitftions on thf paflions

El d proceeding.'- «t political ';./a'iK$ aiid atrmblies, 349--3.5'.
Lir.coln eereiai, apprimcd to command the t-ailert' 011113,117. Attacks
i'; i- hii'ilh with fuctefs in the\r hbjthcrn pcfU, 135 136. Joins gene-
ra' G:'tts. I \i , ' . ,'.
L jj'^ ■ d r 'o jAtls of the ■\mcricans at the end of ibtfccond campaign,
'S8 80 • At Ficooderoga, 109.

■- M.
% /'flrr£-/^« Va-'ly. adv.miages of, 37 r,

Mint'fJfl'ures. li'^j. 'Ir^yri. 360. Tot and Pearl afr, ;.:" r . Mapie fugar,
•^63 Diitl-lrilt.S, 364.
"^ M-tffichdfetts c-3UTtb a t^fgti parr of Vermont, j8j.

M'?(.'«, rrjunt o!, 41 1. 41 .', 413. . ., s

Mo'WnTJi'Ty 'gi ncal. conimaiid^ ai evpedition againft Caoa-'^n, 42 Take'
C amhiy 46. S' John*. 48 Montreal, 49- Briiifh v»fi"c's at Sorcl*
e ] 'irs irno'd at Puint au Tremble* 55. St'orrhs Qiebec, and "t

Hai'i in i:»'e at""ropt. r6. Ch^racler. 57 — 60.
Mnlpeliir eftabliflicti as the pei man:nt Icat of the Icgif! iture, 3 -^3 ,

INDEX, 485

Mountains White, akitiide of, 479.

N. ^

NiU Hampfiiite- piants lards weft c Conncflicut river, 13. Suppof^ed to
acknowitdge the ii, dependence of Vcimcnt, j 78. Sixtten tov\ ns o( ihat
ftate join the govfrnnrnt ot Vermont-, 178, 179. The towns rlaitned
by the government i I New Hjm^fliiie, 181. Ciaims the whole territo-
ry of Vermont. 185.

Hew York, claims tic lands weft of Connc£>icut river, 74. Oppofesthe
feitlemtnt of the country, under grams from Nc m Hampfhirc, 15 Ob-
tains a rov-1 decifinn that Conntfticut river is 10 be ihe wcfl boundary
©f New Hampfhirc, i6. Confiders the New Hampfhiie grams ?s ille-
gal, 17- Violently oppofes the fetrlers on thofc lands, >8 ¥.tS^% le-
vere laws againO their oppofers. 25 . Of pofcs the independerre of
Vermont, 171. 174. Claims the whole tirtirory ot Vetn.ont 185 In-
terferes in the affairs ol Veimont, and addufTi s Congrc's, 186, 187 88,
189. Protefts againfl the rt (olvcs of Ccn^rcls, 222. Ercour. gts oppo-
fjtion to Vermont. 244. SetUcmcm of the controverries between the
tvo flatef, 257— 260. 'i

Koithsrn bimndaiy n't \crmoTiUtht govtrt^or urge& an examination of its

fiiudtion, 334. Not attended to by the sffembly. 3; 5. Le^ifljturc

pafTcsa law to have it obicrved, 300. Reiultol the obierva'ionf much

in lavor of Vermont, 301. Opinion oi the affcmbly refptding it, 301.

O.

Outraged 'Weflminfler, Mwch 13, 177!-, 28.

Oneyda Indians, Speech on tlie American war, 437.

P.

Faitiei, federal and republican, their rife ard prof^rcfc, 273. 277. Pclit-
irsl flate and views, 306. 311- Dfbatrs and views, 331 — 333.

Polhical Jiate of the people on the Ntw iiampiViirc giaiiis, 162. Petition
to Cor^grels, 164.

Teju/jtilv of the government, 4J4.

JPifulaticv, caufes of it. 416. Natural increafe in America, 417 — 422,
In Vermont, 423, 424 Corr.jpared with that of Europe, 425. Pop-
ulation in 1791, and j 8i:o. 46,15 — 478.

i'rin^/e captiain, commands the Bniifn fleet on lake Cbamp'ain in' 1776',
81. Lngspesthe American flcti, witlout victory, 83. Overtakes and
deieats the Americans iicar Crown Pom; 84^ 85.
Pw^t'r/^ ratable in 1781, 1751, & i8.;6, 465 — 477.

O.
Quebec bill. 33. '

(lurjliuns pinpofcd by the ccnimittee of Congrefs, and snfwers by the a^
gems cf Vcrmonj^ ■^57 •

R.

i?£//^!flw, impcrtai.ce^of it to focjciy, j;8o. Eargercrany political con-

tiol iij it, 981. Equality ot all ficrir.ininaiioii'-:, 382. Effi £f oi this e.

quality, 383. Lands pian'.ed lor the fupport ot religious den'mina;.

tions, 384. Difficulties and cmbarrafTments refj;t£lino thofe lands, 385. '

Extent of religii us liberty- 387
R:mor.jiTGvceo\ ttie corr:inifliorer8 of Vermont jgairO the proceedings of

Congrefs, 455-. -^ ,

Be'ohitiovs of ihe flEtfs of Vi'fiinia and Kentucky, jgz. Relblvcs of tftt?

ailembly i.f Vermont rclpetting them, 293— .298,
iiJetcwaf pt!b!ic, account of, 408.
Rayallon, ^cftrU'ftion of, by llic I.'idiani, 234—24? .

486 INDEX,

s. «

5/. Clair abandons Ticondcrogs, 105. Severely ccnfurcd by the Amcvi-
cans, 109.

Si. Lcdoer. colonc), appointed to command a Britii}» expedition on Mo-
hawk river, 97. Invadca fort StsnU ix, 125. Defeats general Herki-
mer, i?6. Attempts to intimidate ibn AtTiericangarrifon, 127. For-
ced by the Indians to make a difgtaceful rs+reat. 129.

Schuyler general, appointed by Cnngrpfs to command the American troops
in the pnithern department, 98. Vifits Ticoiideroga, ai;d afligns the
command to gTKral St. Clair, 99, Deltroys the roads and bridges,
and impedes the prcortfs of Burgoyne, no. Leaves fort Edward and
SsratOi;a, and encamps at Stillwater, 1x3. Urges general Stark to join
his troops, 116. Complains to Congrofsof his refufal, 116. Refolve
of CoMgre^'s. 1 16. Retirement and lervices. I a J.

Setlkmail of Vermont by the Englifti. 10.

Settlers on the Nev^ Hamptbire gian'S violently oppofethe proceedirfgs of
the government of New York, 10. Send agenr* to G'eat Biitain, 22.
Avov/ oppofition and hoftility agdioft any officer of Nev>' York, who
fheuld attempt rt? take ifiem, 26.

Sheen Phillip, aUenipts to form a royal government in the NewHampfhirc
grants, 22.

S«a// /'iur, diftreGing to the American troops at Quebec, 67. Sufferings

from it in their retreat to Sorel, 70.
Stark general, raifcs a body of troops and marches to Manchefler, and joins
colonel Warner. J 15. Refufes to join general Schuyler, ii6. Defeats
and capiuresthe enemy near Benrington, i2j, ia2 Congrefs return-*
liim their thanks, and promote him to the rank of brigauiter general,
I2.3. Confequences of h^s viftory, i 24, 125.

'Sullivan general, takes the command c>f the ^mirican troops in Canada, 70.
Attempts to furprife the enemy at Trois Rivieres, and is defeatfd, 73,
74. Retreats with his army to Ciown Point, 76, 77. Receives the
thanks ot his army and of Congrets, J 3;.
T.

Tailf. topographical of the counties and towns in Vermont. 465 — 477.

Termir.ation of :he war belwcn A.mcrica and Great Britain, 252.

Thomas genera!, takes command ot the troops befoi'e OTbec, 68. Fails
In an atteniDi ta let fii« t; 'he Bfilifh Pnips, dr.d reioives to letieat, 69.
Dies at Sorel, 70.

Tichcncr Ifazc, elcT^ed gnrernof of Vermonr. fj^. Speech to xht^ afTcin-
blv, 278. 280. 288. 300.307. 308.314.323.

Toii^''S. iiin.csj grants aiid acres ol lane. 4(35 — 477.

Ti-(Bn Mr. govrnor oi New York, tiies to cotici hate the minds of the fet-
ticrs, 23. lirupi a prociaunatJon lor apprehending Ethan Allen, Setb
Warner, and otiers, c6.

J>Vo)'rf;rr(^v2, taken by colonel Allen, 37, 480. Invcftcd by general Biir-
goyne, loo. Fortifications, and itate of, loo, 101, Evacuated by
geueiai St. Clair, tor,

V.

r.itverfity o! \'crniont, cdabiilhcd ?.< Burliitgton, 388.

V.

YtJinotit, (Jfclart.i iodcpciVdence, and petitions Congrefs to be admitted ml®
the union, i6S». Proceedings of the converiHon in declaring indepen-
dence, I,, ■>. SccJ.tTation and petition to Congrels, 458. Admits fix

INDEX. 487

tten towns from New Hampfhire, to join Iicr goveraraent, igo. Much
►. embarr3{r d by this meafure, 182 Views of panics, 183. Didjlves
the union with the fixteea towns, 184. Puhlilhes a ci; riara'tioo and
appeal 10 toe world 192. Reply to the rclolves of Coniirc'si Tg i.
Sends a-geti!s to C ingrers, I96. Further ra»afures and policy, 197—2)1,
Refolves not to comply with the requifuions ol Coigref?, 22. r. la
daf:;er of ho!i'li:!es wiih New Hampfiiire, and New York, 223, 224.
Re o!»/es of Vermont, 227. 2^9. Scads agfnts and delegates to C 'n-
gre''s, 229. Opinions and meafures of the affembly, 332, 234. PjlTes
an i£l of am I'lty. 244. Pjnilhes off.-ndcrs, 245 Rcnonllrances a-
gainft the jelolutions of Congrefs, 248 — 251, D n>-.cliiied to be con-
iirfted with Confirefs, 252, 253. Fiourilhing fta.e of Vorniont, 254.
Friendly to the federal r.onftiution, 25,5. Settlement of the controver-
fics with New York, 557 — 259- Admilfi )Q into the federal u:iion,
a6';, 961. Effects ot tlie political controv.rdes with Nev/ Hamplhiie
and N-w York. 26f — 267. F<ivorahle profpefis of Verisoirt at her
admillion into the federal 00100,269.
W.

IVar. American, its commencement, importance, and afpeCI, 29.

Warner Seth. oppofes the government of New York, aa. Takes Crov,'n
Point, 38. Defeats t ha Britifh troops at the nver St. Lawrence, 48.
Com:r!jnd= the rear giiar.i 3( the evacaation of Ticorideroga, 105. En-
gsges the Britilh at Hubb^rdton, )c6. Commands the Vermont tronps
at MancheUer, t 15 Engajresin the battle at Bennington, 122. Hif-
tnrirsl rnertioifs of his liff, 443 — 450, /

Wateriury mneral, bravery, in a naval adlion, 83. Captured in r fecond
' tni^af^ement. 85

tVu/ltiiigtJK g.-:ae' A, writes to governor Chittenden, 225. Influence
of hischara'ler and wifdom, 226. Its effeft on theallimbly of Ver-,
iHont, 227, 228. 273,

Y.

Young Thomas, addrcffes the inhabitants of Vermant, 173, 'Refolve o?
Congrefs refpfftiog his letter, I76,

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