(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Records of the Governor and Council of the State of Vermont"

' : It; 



tip 
■ 



ins* 







1111 



ill 



! 3 $ 

i p 
1 




ijfiy-e*' ^v%^*--» 



RECORDS 



OF THE 



GOVERNOR and COUNCIL 




OF THE 



STATE OF VERMONT, 



-I • 




VOLUME II. 



EDITED AND PUBLISHED BY AUTHORITY OF THE STATE 

By E. P. WALTON. 





- 


MONTPELIER 




STEAM PRESS OF J. & J. M. 


POLAND. 


1874. 





V5 

v.SL, 



• -• 






CONTENTS OF VOLUME II. 



I. PORTRAIT of Ira Allen, facing the title-page. 

II. RECORD of the GOVERNOR AND COUNCIL, Oct, 177!) 

to Aug. 29 1782 4-164 

Record of the Third Council, Oct, 1779 to Oct. 1780 1-39 

Record of the Fourth Council, Oct. 1780 to April 18 1781. ... 40-98 

April 25 to May 26 1781, 163-4; June 13 to 29 1781 101-112 

Record of the Fifth Council, Oct. 1781 to Aug. 29 1782 114-163 

III. RECORDS OF THE BOARD OF WAR, 14, 15, 20, 21, 

28-31, 33, 35-6, 37-8, 60, 66-71, 77, 78, 80, 98-101, 109, 113, 144 

IV. APPENDIX A..— The first Vermont Council Chamber in 

the Catamount Tavern at Bennington, by Hiland Hall, 

with plates 165-168 

^y APPENDIX B.— Resolutions of Congress in Septem- 
ber and October 1779, and action of Vermont 

thereon 169-192 

Ethan Allen and Jonas Fay to Congress, July 1 1779 169 

Memorial of a Convention at Lebanon, N. H., July 27 1779. . 170 

Joseph Marsh to Committee of Congress, July 27 1779 174 

Gov. Chittenden to Congress, Aug. 5 1779 175 

Jonas Fay and Paul Spooner to Congress, Aug. 20 1779 177 

Instructions of New York to its Delegates in Congress, Aug. 

27 1779 179 

Resolutions of Congress, Sept. 24 and Oct 2 1779 183-185 

John Jay to Gov. Clinton, explanatory of the resolutions of 

Congress 185-189 

Action of Vermont on the resolutions of Congress 189-192 

VI. APPENDIX C— The Claim of Massachusetts to part 

of Vermont 193-199 

Ethan Allen appointed Agent to Massachusetts 193 

Gov. Chittenden to Samuel Adams, Oct. 28 1779 194 

Samuel Adams to Thomas Chittenden 195-197 

Extract from Life and Public Services of Samuel Adams, by 

Wm. V. Wells 195, note. 

Gov. Chittenden to Gov. John Hancock, Dec. 12 1780 198 

Resolution of General Court of Massachusetts, March 8 1781. 199 

VII. APPENDIX D.— Vermont's Appeal to the Candid and 

Impartial World, by Stephen Row Bradley, Dec. 

1779 200-222 



974276 



iv Contents. 

VIII. APPENDIX E.— A Concise Refutation of the Claims 

of New Hampshire and Massachusetts Bay to the terri- 
tory of Vermont, with occasional Remarks on the long 
disputed Claim of New York to the same, by Ethan 

Allen and Jonas Fay. Jan. 1780 223-234 

Minutes of the Council of New Hampshire, Nov. 13 1771. . . . 230 

IX. APPENDIX F.— Mission of Ira Allen to the Middle 

States, Jan. 1780 235-237 

Ira Allen's account , 235 

Ira Allen to the Council of Pennsylvania, Jan. 20 1780 236 

X. APPENDIX G.— Action of Congress on Vermont, Feb. 

to Oct. 1780, and legislative proceedings and documents 
therewith connected 238-276 

Agents of Vermont to the President of Congress, Feb. 1 1780 238 

Credentials of Peter Olcott and Bezaleel Woodward as agents 
for the northern part of the N. H. Grants on both sides of 
Connecticut river, Jan. 1 1780 241 

Representation of Peter Olcott and Bezaleel Woodward to 
> Congress, Feb. 1 1780 242 

Agents of Vermont to the President of Congress, Feb. 5 1780 243 

Representation of inhabitants of Hartford, Norwich, Sharon, 

Royalton, Fairlee, Newbury, and Barnet, March 1779. 244 

Messrs. Olcott and Woodward to the President of Congress, 

Feb. 17 1780 245 

Resolutions of Congress, June 2 1780 246 

Joseph Marsh to the President of Congress, April 12 1780.. . . 247 

Order of Congress as to Vermont, June 9 1780 249 

Joseph Marsh, Peter Olcott, and Bezaleel Woodward to the 

President of Congress, July 20, 1780 249 

Bezaleel Woodward's Petition to Congress in behalf of people 
above Charlestown, by order of a Convention at Dresden, 
[Hanover,] N. II., on Canada, &c, Aug. 30 1780 251 

Bezaleel Woodward to the President of Congress, as to Peter 

Olcott being a Delegate to Congress, Aug. 31 1780 252 

Ira Allen and Stephen R. Bradley to the President of Con- 
gress as to their commission 253 

Commission of Ira Allen and Stephen R. Bradley, as Agents 

and Commissioners of Vermont to Congress, Aug. 16 1780 254 

Gov. Chittenden to the President of Congress, July 25 1780. 255 

Ira Allen and Stephen R. Bradley to the President of Con- 
gress, Sept. 15 1780 258 

Commission of Luke Knoulton as Agent to Congress for Cum- 
berland county, Aug. 30 1780 258 

Hearing in Congress on the Vermont question, Sept. 12-27 

1780 261 

Ira Allen and Stephen R. Bradley to Congress, Oct. 2 1780. . . 262 



Contents. v 

Ira Allen's account of the hearing in Congress, Sept. 1780 — 263 
Remonstrance of Ira Allen and Stephen R. Bradley against 

the proceedings of Congress, Sept. 22 1780 264 

Proposals of Vermont for a permanent Alliance 

and Confederation with adjoining States 266-276 

Gov. Chittenden to Gov. Clinton of New York, Nov. 22 1780. 266 
Gov. Clinton to the New York Assembly, Feb. 5 1781, on Gov. 
Chittenden's demand of Nov. 22 1780, 267; action in the 

New York Assembly thereon 267-270 

Gov. Clinton to Maj. Gen. Alex. McDougall, April 6 1781 268 

Maj. Gen. Alex. McDougall to Gov. Clinton, March 12 1781. . 270 
Letters of Gov. Chittenden to Gov. Hancock of Massachu- 
setts and President Weare of New Hampshire, Dec. 12 

1780, noted 273 

Resolutions of New Hampshire instructing its Delegates in 

Congress, Jan. 13 1781 274 

Gov. Chittenden to Gov. Trumbull of Connecticut, Dec. 12 

1780 274 

Resolutions of Connecticut and Rhode Island favorable to 

Vermont, Feb. and March 1781 276 

XL APPENDIX II.— Second Union of New Hampshire 
towns, and Union of part of New York with 

Vermont, in 1781 277-395 

Proceedings of Convention at Walpole, N. H., Nov. 15 and 16 

1780 278 

Journal of the Convention at Charlestown, N. H., Jan. 16 1781 280 
Secret History of the Charlestown Convention, by Ira Allen 284 
Joint action of the Charlestown and Cornish Convention 
and the General Assembly of Vermont, Feb. 1781, result- 
ing in the Second Eastern Union 285-296 

Proposal of Vermont to settle the boundary question with 

New York, Feb. 1781 296 

Union of part of New York with Vermont, 297-308; Petitions 
of New York towns to be admitted to Vermont, March 

1781, 297; Acts of Vermont for the organization of the 
Western District, June 1781, 304-307; Proclamation of 
Gov. Chittenden, July 18 1781 307 

Proceedings in Congress relating to Vermont, July 19 to 

Aug. 20 1781 308-320 

President Weare of New Hampshire to the Delegates of that 
State in Congress, June 20 1781; and to Gen. Washing- 
ton, Aug. 13 1781 309 

Intercepted letter of Lord George Germain to Sir Henry 

Clinton on Vermont, Feb. 7 1781 311 

James Madison to Edmund Pendleton, Aug. 14 1781 312 



vi Contents. 

Memorial of the Delegates of New York to Congress, Aug. 

3 1781 312 

Resolutions of Congress on Vermont. Aug. 7 1781 315 

Letter and Commission of Jonas Fay, Ira Allen, and Bezaleel 

Woodward, as Delegates to Congress, Aug. 14 1781 316 

Vermont Delegates to Committee of Congress, Aug. 18 1781, 
with Questions of the Committee and Answers of the 
Delegates, and an account of the interview by Ira 

Allen 317-320 

Resolution of Congress of Aug. 20 1781, fixing the boundaries 
of Vermont so as to exclude the districts included in the 

Eastern and Western Unions 320 

Proceedings of the General Assembly of Vermont, 
Oct. 10-19, 1781, on the resolutions of Congress of the 

preceding August 320-323 

Proposals of Vermont to New Hampshire and New York, 

Oct. 1781, for the settlement of boundaries 323-325 

Elisha Payne to President Weare, Oct. 27 1781 323 

Commission of the Vermont Commissioners for settling 

boundaries, Oct. 27 1781 324 

Gov. Chittenden to Ira Allen, Dec. 15 1781, appointing Allen 
agent to visit New Hampshire to secure an amicable set- 
tlement 325 

Lieut, Gov. Payne to Gen. Roger Enos and Dr. Wm. Page, 

Dec. 21 1781, associating them with Allen 325 

Gen. Enos and Ira Allen to Josiah Bartlett, Dec. 29, 1781... . 325 
Collisions in the Western District, Oct, and Dec. 1781, 326-335 

Col. Samuel Robinson to Gen. Stark, Oct. 16 1781 327 

Gen. Samuel Safford to Gen. Stark, Oct. 17 1781 327 

Gov. Clinton to Gen. Gansevoort, Oct, 18 1781 327 

Gov. Chittenden to Col. John Van Rensselaer, Oct. 17 1781.. . 329 

Gen. Stark to Maj. Gen. Heath, Dec. 12 1781 329 

Col. Ira Allen to Col. Thomas Lee, Dec. 8 1781 330 

Gov. Clinton to Generals Van Rensselaer and Gansevoort, 

extracts, Dec. 11 1781 331 

Gen. Stark to Col. Yates, Dec. 14 1781 332 

Gen. Stark to President Weare, Dec. 14 1781 332, 339 

Gov. Chittenden to Gen. Stark, Dec. 15 1781 '332 

Col. John Abbott to Lieut. Col. Henry Van Rensselaer, Dec. 

161781 ' 333 

Col. Ebenezer Walbridge to Col. H. Van Rensselaer, Dec. 

171781 333 

Gen. Gansevoort to Col. Walbridge, abstract, Dec. 18 1781... . 333 
Col. Walbridge to Gen. Gansevoort, abstract, Dec. 19, 1781.. . 334 
Account of the withdrawal of the New York troops, by Wil- 
liam L. Stone 334 



Contents. vii 

Collisions in the Eastern District, Nov. 1781 to Feb. 

1782 335-350 

Act of New Hampshire, Nov. 28 1781, for the enforcement of 

its authority in Cheshire and Grafton counties 336 

Gen. Benjamin Bellows to President Weare, Nov. 29 1781 ... 337 

Col. Enoch Hale to President Weare, Dec. 12 1781 338 

Gov. Chittenden to Doct. Wm. Page, Dec. 14 1781 339 

Gov. Chittenden's orders to Lieut. Gov. Payne, Dec. 14 1781 . 339 

Lieut. Gov. Payne to President Weare, Dec. 21 1781 340 

Order for arrests by New Hampshire, Dec. 27 1781 341 

Joseph Burt to President Weare, Jan. 1 1782 343 

Benjamin Bellows to President Weare, Jan. 1, 1782 343 

Resolution of New Hampshire to raise troops, Jan. 8 1782.. . . 344 
Account of the Second Eastern Union, by Jeremy Bel- 
knap 345-347 

Account of the Collisions in the Eastern and Western Dis- 
tricts, by Ira Allen 347-350 

Correspondence of Gov. Chittenden and Gen. Washington on 

Vermont affairs, Nov. 1781, and Jan. 1 1782 350-355 

Defense of the Eastern and Western Unions, in a pamphlet 
entitled The Present State of the Controversy between 
the States of New York and New Hampshire on the one 
part, and the State of Vermont on the other, Jan. 17 

1782, by Ethan Allen 355-363 

Proceedings in Congress on Vermont, Dec. 1781 to 

March 1782 , 363-377 

Protest of New York against the resolutions of Congress of 

Aug. 7 and 20 1781 364-367 

Jonas Fay and Ira Allen to the President of Congress, Jan. 

30 1782 : 368 

Jonas Fay and Ira Allen to Samuel Livermore, Feb. 5 1782. . 368 
Memorial of Jonas Fay and Ira Allen, to Committee of Con- 
gress, Feb. 7, 1782. 369 

Jonas Fay, Ira Allen, and Abel Curtis to Samuel Livermore, 
Feb. 12 1782, 369; to President of Congress, Feb. 13 1782, 

371; to same, Feb. 16, 1782 371 

Representation of Seth Smith to Congress, Jan. 28 1782 372 

Fay, Allen, and Curtis to the President of Congress, Feb. 21 

1782 373 

Report of the Committee of Congress on Vermont, March 

1 1782 374-377 

Ira Allen's account of the action of Congress 377-379 

Dissolution of the Eastern and Western Unions... .379-384 
Commission to Jonas Fay, Moses Robinson, Paul Spooner, 
and Isaac Tichenor, as Delegates and Ministers plenipo- 
tentiary to Congress, March 13 1782, 385; Instructions to. 384 



viii Contents. 

Gov. Chittenden to Gen. Washington, March 16 1782 385 

Proceedings in Congress, April 1 to May 21 1782 386-394 

Delegates of Vermont to the President of Congress, March 

31 1782 386 

Report of Committee of Congress on the Vermont question, 

April 17 1782 388 

Delegates of Vermont to the President of Congress, April 

19 1782 390 

Quieting Acts of New York, April 14 1782 391-394 

Observations on the influence of Vermont on territorial claims 

and the politics of Congress, May 1 1782, by James Mad- 
ison 394 

XII. APPENDIX I.— The Haldimand Correspondence, 

1779-1783 396-479 

Introductory 396-401 

Beverly Robinson to Ethan Allen, March 30 1780 397 

Instructions of Gen. Haldimand to his Commissioners, Dec. 

20 1780 402 

Gov. Chittenden to Gen. Washington, Jan. 15 1781 404 

Beverly Robinson to Ethan Allen, Feb. 2 1781 405 

Ethan Allen to the President of Congress, March 9 1781 406 

First Conference of Ira Allen with Gen. Haldimand's Com- 
missioners, May 8-25, 1781 408-417 

Correspondence on the negotiations 417-479 

Gov. Chittenden to Gen. Washington, June 18 1781 426 

Certificates for the protection of Ira Allen, 1781 427, 431 

Reports of British agents in Vermont, June 1781 428 

Gen. Washington to Gen. James Clinton, July 9 1781 429 

Third interview between the Vermont and British Commis- 
sioners, Sept. 1781 440 

Roger Enos to the Speaker of the Vermont House of Repre- 
sentatives, Oct. 17 1781 449 

Opinions on the Haldimand Correspondence, 480-485; 
of Rev. Dr. Samuel Williams, 480; of Robert R. Liv- 
ingston of New York, 481; of Rev. Jared Sparks 482 

XIII. PROTEST of adherents to New York against Vermont 

in 1779, and Origin of the Charlestown Conven- 
tion of Jan. 16 1781 486-488 

XIV. ADDITIONS to and CORRECTIONS of Vol. I and il.489-501 
Covenant, Compact, and Resolutions adopted by a Con- 
vention in Western Vermont in 1775. '. 489-497 

XV. ACKNOWLEDGMENTS 502 



THE THIRD COUNCIL. 

OCTOBER 1779 TO OCTOBER 1780. 



Thomas Chittenden, Williston, Governor. 
Benjamin Carpenter, Guilford, Lieutenant Governor. 
Councillors: 
Joseph Bowker, Rutland, i Benjamin Emmons, Woodstock, 



Moses Kobinson, Bennington, 
Jonas Fay, Bennington, 
Timothy Brownson, Sunderland, 
Paul Spooner, Hartland, 
Jeremiah Clark, Shaftsbury, 



Ira Allen, Colchester, 
John Fassett, jr., Arlington, 
John Throop, Pomfret, 
Samuel Fletcher, Townshend, 
Thomas Chandler, jr., Chester. 



Joseph Fay, Secretary. 
BIOGRAPHICAL NOTICES. 1 

John Fassett, Jr., was born in Hard wick, Mass., June 3, 1743, and 
came to Bennington with his father, deacon and captain John Fassett, 
in 1761; removed to Arlington in 1777, and to Cambridge in 1784. Few 
men were more constantly in public service than John Fassett, Jr. He 
was lieutenant in Warner's first regiment in 1775, and captain in War- 
ner's second in 1776. In 1777 he was one of the commissioners of 
sequestration, and, with Gov. Chittenden and Matthew Lyon, successful 
in subduing the tories of Arlington. He was elected representative of 
Arlington in the General Assembly for 1778 and 1779, and for Cam- 
bridge in 1787 and '8, 1790 and '91; though in 1779, 1787 and '8, and 1790 
and '91 he was also elected Councillor. He served in each office portions 
of the time. He was a member of the Council in 1779 and until 1795 
with the exception of 1786— fifteen years. He was judge of the superior 
court from its organization in 1778 until 1786— eight years; and chief 

1 For notices of Messrs. Allen, Bowker, Brownson, Chandler, Chitten- 
den, Carpenter, Clark, Emmons, Jonas and Joseph Fay, Robinson, and 
Spooner, see Vol. I. 
2 



2 Governor and Council — October 1779. 

judge of Chittenden county court from 1787 until 1794— seven years. 
The historian of Cambridge, in the Vt. Historical Magazine, records Dr. 
John Fassett as the first physician who settled in the town, coming from 
Bennington in 1784 and removing to the west after a residence of about 
forty years in Cambridge. If this was judge John Fassett, he must have 
been an octogenarian at the time of his migration. — See Hiland Hall's 
Early History; Deming's Catalogue; and Vt. Hist. Magazine, Vol. n. 

John Throop of Pomfret first appeared in the records of that town 
as justice of the peace in 1773, when the town was organized. His first 
appearance in the Vermont State records was as a delegate in the Con- 
vention at Windsor, June, 4 1777. He was a delegate in the Conven- 
tions of July and December of that year also. His name appears in the 
roll of the first Council in Ira Allen's History, Slade's State Papers, and 
Deming's Catalogue; but it does not appear in the records of the Coun- 
cil, whereas that of Moses Robinson does appear in that, and not in the 
three lists first named. The historian of Pomfret in Z. Thompson's 
Gazetteer (1824) states that " the town was first represented, in 1778, by 
John Throop." His name does appear in the roll of the second General 
Assembly, October 1778, but that of John Winchester Dana appears in 
the journal of the first Assembly, March and June sessions, 1778. Judge 
Throop was councillor from October 1779 to October 1786; a member of 
the House in 1787-8; judge of probate 1783-'92; judge of the court of 
confiscation in Oct. 1779; and of the superior court 1778-'80. — See B. H. 
Hall's Eastern Vermont; Thompson's Gazetteer; Deming's Catalogue; 
and Legislative Directory. 

Samuel Fletcher was born in Grafton, Mass., in 1745; and at sev- 
enteen he enlisted and served one year as a soldier in the old French 
war. On his return he learned the trade of a blacksmith, but removed 
to Townshend about 1772, and abandoned that trade on marrying a lady 
who had a fortune ample for that day, a daughter of Col. John Hazel- 
tine, formerly of Upton, Mass., but then of Townshend, — a patriot, and 
a leading man in the county. At the commencement of the revolution- 
ary war, Mr. Fletcher joined the army and was at the battle of Bunker 
Hill. In July 1775 the New York Provincial Congress appointed him 
a lieutenant, but it was found that he was in the continental army at 
Cambridge as an orderly. In 1776 he returned to Townshend, was 
elected captain of militia, and in 1777 his entire company volunteered to 
reinforce the army at Ticonderoga. On that expedition, he with thir- 
teen volunteers attacked a British party of forty men, killed one and 
took seven prisoners without sustaining any loss to his party. In 1778, 
having joined his fortunes with the new state of Vermont, he became 
colonel of a Cumberland county regiment and continued in the military 
line until he reached and for six years held the highest rank, that of 
Major General. He was in the battle of Bennington, and served as 
major in the campaign against Burgoyne until after his surrender. 



Governor and Council — October 1779. 3 

Townshend was the first town in Cumberland county to send delegates 
to a Vermont Convention, July 1776 — Samuel Fletcher and Josiah Fish 
being the delegates. They were appointed on the committee " to treat 
with the inhabitants on the east side of the range of Green Mountains, 
relative to their associating with this Body;" and the establishment of 
the state resulted. He was an active member also in the conventions 
of September and October 1776, and of January 1777 that declared the 
independence of Vermont; and probably a member of the convention 
of 1777 which adopted the constitution. He was a member of the first 
three General Assemblies, and again in 1807; elected Councillor in 1779, 
and re-elected every year until 1790, and also in 1808 and 1813. He was 
elected a judge of the superior court in 1782, but refused to serve. From 
1788 until 1806 he was sheriff of Windham county, and judge of the 
county court in 1778, 1783-4, and 1786. He was a member of the Board 
of War in 1781. He died Sept. 15, 1814. The first person born in 
Townshend was a daughter to Gen. Fletcher. She married Mr. [prob- 
ably Ezekiel] Eansom, and was mother of Epaphroditus Ransom, who 
represented Townshend in the Legislature in 1826-'7, married a belle of 
Montpelier, Miss Almira Cadwell, and removed to Michigan, of which 
state he became governor. Gen. Fletcher was a man of enterprise, 
industry, and skill, and a valuable public officer. He was a fine writer, 
and for a part of his life kept a full and accurate daily record of public 
events. His papers were entrusted by his will to his son-in-law, Mr. 
Ransom, but were unfortunately destroyed in the burning of his house. 
In person Gen. Fletcher was straight, finely proportioned, but inclined 
to corpulency — in stature measuring about five feet ten inches; eyes 
blue, complexion light. He was elegant in manners, bland and refined 
in deportment, and very particular in his dress. Kind to all, he was 
generous and hospitable. With all other manly qualities, he was a per- 
fect gentleman. — See Thompson's Gazetteer; Eastern Vermont; and 
Deming's Catalogue. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION OF THE GENERAL ASSEMBLY AT MANCHESTER, 

October 1779. 1 



State of Vermont, Manchester, 14 October 1779. 
At a meeting of Governor, Council, and General Assembly convened 
at Manchester, date above— Present His Excellency, Thomas Chitten- 
den, Esq 1 "- and the following members of the hon ble Council viz 1 : 
Joseph Bowker, Esq 1 '- 



Tim°- Brownson, 
Jonas Fay, 
Moses Robinson, 



Jeremiah Clark, 
Ira Allen, 
Benjamin Emmons, 
Paul Spooner, Esq 1 "- 



Voted that a Committee consisting of five members viz* : Jonas Fay, 
Tim°- Brownson, Moses Robinson, Joseph Bowker, & Ira Allen, Es- 
quires, are appointed to join a Committee of the Lower House, who are 
to receive, sort, & count the votes of the Freemen of this State and De- 
clare those who are appointed to the several offices of Governor, Deputy 
Governor, Treasurer, and Councillors or assistants 2 for the year ensuing. 
P r - order, Jos. Fay, SecV- 

A committee consisting of six members of the House of Assembly 
are appointed to Join the above named Committee viz*- John Fassett 
Ju r - Esq r -< Amos Robinson, Esq r ^ Capt. Matthew Lyon, Thomas Chan- 
dler, Samuel Fletcher, and Nathan Clark, Esquires. 8 

Having executed the business of their appointment, the following per- 
sons are Declared to be choosen, viz 1 : His Excellency Thomas Chitten- 
den Esq 1- - Governor; His honor Benjamin Carpenter, Lt. Governor — The 

1 The record from this date takes the form of a regular journal more 
nearly than before. 

2 Sec. seventeen of the Frame of Government made the Councillors 
justices of the peace for the whole state, and when acting in this capac- 
ity they were often, perhaps always, styled " assistants." A heading in 
the act of 1779, regulating fees, recognized this title, thus: "Assistants, 
or Justices Fees." 

'From the Assembly Journal: 

Resolved that the Council be notified that this Assembly are ready to 
attend Divine Service, which was accordingly done, and a Sermon 
Preached by the Reverend Mr. [Benajah] Root. 



Governor and Council — October 1779. 5 

Hon ble Joseph Bowker, Moses Robinson, Jonas Fay, Timothy Brownson, 
Benjamin Emmons, Paul Spooner, Jeremiah Clark, Sam 1 Fletcher, Ira 
Allen, John Throop, John Fassett Ju r - & Thomas Chandler Ju r - Esquires, 
Councillors — And Ira Allen Esquire, Treasurer. 

On this occasion, of course on taking the oath of office, Governor 
Chittenden delivered a speech, the original of which was found in the 
office of the Secretary of State, as follows: 

A SPEECH OF HIS EXCELLENCY THOMAS CHITTENDEN, ESQ., 

14th October 1779. 
Gentlemen of the Council and Assembly: 

The honor conferred on me by the freemen of this State, in appoint- 
ing me their chief magistrate, demands a return of my warmest thanks: 
at the same time, I regret my inabilities to support the character of so 
important a station. Notwithstanding, as my appointment appears so 
unanimous, it affords me the highest satisfaction, and is to me a confirm- 
ation of their general approbation of my former conduct; therefore, I 
shall consider it my duty to serve the ensuing year, and by Divine assis- 
tance, shall labor to continue an equal, steady firmness, and impartial 
administration of justice, which has hitherto governed my conduct; re- 
lying on the candor and assistance of my council and the Legislature for 
my support. 
Gentlemen: 

The Legislature having constitutionally met, I cannot forbear ex- 
pressing to you my highest satisfaction in the many great and important 
advantages arising from the due execution and careful administration of 
the laws, since the}' took place, and cannot but rejoice when I reflect on 
the infinite difference between a state of anarchy and that of a well reg- 
ulated government; the latter of which we daily experience. And I 
most earnestly recommend to all magistrates, and others in authority 
under me, together with the freemen over whom I have the honor to 
preside, to persevere and let their conduct be uniformly just, and upright, 
and encourage one another to unite in the supporting and maintaining 
their common rights; which cannot fail to recommend this State to the 
impartial world. At the same time am unhappy to inform you that, 
notwithstanding the generous and lenient measures with which the dis- 
affected inhabitants in the lower part of Cumberland County have been 
indulged, 1 yet they continue in their unjustifiable obstinacy against the 
authority of this State; I shall, however, recommend the suspension of 
the laws 2 intended to have been executed on those offenders, at present, 
in consequence of a letter received from his Excellency John Jay, Es- 
quire, President of Congress, inclosing certain acts passed by that hon- 

1 See the proclamation of pardon, Appendix H, Vol. i. 

2 The act specially referred to was that of June 1779, " to prevent per- 
sons from exercising authority unless lawfully authorised by this State," 
which, though general in terms, was of course specially aimed against 
all persons who should attempt to act in the name and by the authority 
of New York. The penalty for the first offense was a fine not exceed- 
ing one hundred pounds; for the second not exceeding forty stripes on 
the naked body; and for the third, the right ear was to be nailed to a 
post and cut off, and the forehead was to be branded with the letter C 
[contumacious ?] with a hot iron. — See Slade's State Papers, p. 389. 



6 Governor and Council — October 1779. 

orable board, relating to a final settlement of all difference subsisting 
between this and the adjacent States ; which I now submit to you for 
your consideration; a subject of the greatest importance, and demands 
your most serious attention. 1 

Your agents to Congress have attended, agreeable to their instructions, 
from time to time. Their proceedings I shall now lay before you for 
your perusal and approbation; which, I hope, will prove satisfactory. 
From every circumstance, I think we have the highest reason to believe 
that from the efforts of our agents and the interposition of Congress, our 
unhappy disputes with the neighboring States, will soon terminate in a 
final and happy issue. 

With respect to the present situation of the domestic affairs of the 
State, it is with pleasure that I inform you that the measures pursued by 
the Board of War, by the assistance of Divine Providence, have proved 
effectually sufficient to defend our frontiers, against the ravages of the 
common enemy, while they have been permitted to execute their horrid 
vengeance on many of the innocent inhabitants of the different parts of 
the continent; which, in some measure, proves the approbation of 
Heaven to our Independence, and justifies the measures pursued to sup- 
port and defend it. As the time for which the troops now in service, are 
engaged, expires the middle of November next, you will be careful to 
make such provisions for future defence, as your wisdom shall direct. 

Gentlemen of the Assembly: 

I shall, from time to time, during the session, digest and communi- 
cate to you, such other matters as shall appear to me to require your 
attention, in a full confidence that the same zeal to promote the common 
cause, for which the inhabitants of this State have hitherto been distin- 
guished, will be equally conspicuous in your deliberations. 

Thomas Chittenden. 

Having Concluded the business of the day adjourned to 8 °Clock To- 
morrow Morning. 



Friday, 15 Oct. 1779. 

Met. according to Adjournment. » 

A Committee from the Assembly [having been] appointed to Join a 
Committee of the Council to prepare an answer to the Governor's speach 
to said Assembly, viz*. John Fassett, Jun r - Esq r ' Reuben Jones, 
Esq r - and Nathan Clark, Esq r - Voted Jonas Fay & Moses Robinson 
Esquires a Committee to join the said Committee for the above said pur- 
pose. [No answer appears on the journal.] 

Voted Jonas Fay, Ira Allen, and Paul Spooner, Esquires, to join a 
Committee of Assembly to form the outlines of a plan to be pursued for 
defence before Congress against the Neighboring States in Consequence 
of a Late Act of that body for that purpose, and make report thereon to 
this Council. 2 

Adjourned to 8 °Clock Tomorrow. 

1 For resolutions of Congress of June 1779, see Vol. I, p. 520; and 
for resolutions of September 1779, and the consequent action of Ver- 
mont, see Appendix B. 

"The committee appointed by the Assembly consisted of the following 
named gentlemen: Ethan Allen, Reuben Jones, Nathan Clark, and John 
Fassett. Allen was not a member of the Assembly, however. On other 



Governor and Council — October 1779. 7 

Manchester, 16 October 1779. 

Met according to Adjournment. 

Voted His Honor Benjamin Carpenter Esq r - & Benjamin Emmons 
Esq r - to join a Committee from the Assembly to Examine the Petition 
of Benjamin Dorchester and make Report. 

Having concluded the business of the day. 

Adjourned to Monday next 2 °Clock afternoon. 



Monday 18 October 1779. 

Met according to Adjournment. 

Voted that the Committee appointed from the Council to take into 
Consideration the matter concerning the Estate of Col°- James Rogers, 
Late of Kent [Londonderry] in this State, (now with the Enemy,) be 
discharged, & that the Same be laid before the General Assembly for 
their Determination. P r - order, Joseph Fay, Secy- 

Adjourned to 8 °Clock Tomorrow. 

Tuesday 19 October 1779. 

Met according to Adjournment. 

Voted Paul Spooner Esq r - to Join a Committee from the Assembly to 
Nominate a Board of War. 

Voted the Hon ble Benjamin Emmons & Joseph Bowker Esq rs - to join 
a Committee from the Assembly to prepare an Act directing the Secre- 
tary of State in his office and Duty. 1 

Voted that Ira Allen Esq r - be and he is hereby directed to write a 
Letter to John Simonds, Commissioner of Sequestration in Andover, to 

occasions he was appointed on committees when he was not a member. 
Councillor Fassett served in the House through the October session. 

From the Assembly Journal: 

Resolved that there be a Board of War chosen, to consist of nine per- 
sons, five of whom to be a quorum, to conduct the political affairs of the 
present War in the northern department in this State the ensuing year. 

From the peculiar phraseology — " to conduct the political affairs of the 
present War" — it may be surmised that even then the originator of the 
resolution contemplated the policy which was adopted a year later, and 
successfully carried out in the Haldimand correspondence. This phras- 
eology is found in the writings of both Ethan and Ira Allen, who were 
conspicuous in the subsequent correspondence. The resolution resulted 
in the appointment of a Board of War. 

1 The committee reported on the 22d and the duties of the Secretary of 
State were specified by a resolution. He was " to keep a regular office 
and register all the proceedings of the General Assembly of this State, 
Charters of Incorporation, Grants of land made within this State, and to 
receive on file all petitions and remonstrances and grant copies thereof 
when thereto requested, taking therefor his lawful fees." By the act of 
Feb. 1779, his fee for affixing the state seal was three shillings; and for 
recording laws and orders, for military commissions and for justices of 
the peaces and judges of probate, and for petitions to the Assembly, six 
shillings each. — See Slade's State Papers, p. 318. 



8 Governor and Council — October 1779. 

request him to make immediate Settlement with the Treasurer of this 
State. Attest, Joseph Fay, Sec* 

Voted that Ephraim Knap of Arlington, who has lately been under 
restraint, be & he is hereby Liberated. 

Voted Jeremiah Clark & Samuel Fletcher a Committee to Join a 
Committee of the Assembly to Enquire of Mr. Megreegers Concerning 
the Estate of Col°- James Rogers. 1 

Voted that the Governor & Council join the House of Representatives 
in a Committee of both Houses to Confer on the important business of 
this State. 2 



Manchester 20 Oct r - 1779. 
Met according to Adjournment. 

Voted Samuel Fletcher Esq r to join a Committee from the Assembly 
to take into consideration the Petition of M r - Mash, [Daniel Marsh.] 



1 Messrs. McGregores in the Assembly journal. The committee learned 
that Mrs. Rogers had been disabled by losing the use of her limbs, and 
reported that she with her children be allowed the farm she lived on, 
with farming and household utensils; which was agreed to. This prop- 
erty had been confiscated, Col. Rogers having joined the enemy. 

2 On this day and succeeding days, the Governor and Council met the 
House in joint assembly to consider the action of Congress of the 
preceding September concerning Vermont. For the record and the 
result, see Appendix B. 

From the Assembly Journal, Oct. 19: 

Resolved that a Committee of three to join a Committee from the 
Council be appointed to nominate eighteen persons nine of whom to 
be chosen by this Assembly for a Board of War. Members chosen, 
M r - Fassett, M r - 1. [Isaac] Clark, and M r - Aikins, [Edward Aiken of 
Londonderry.] 

Resolved that the Court of Confiscation [Governor and Council] be 
requested to inform this Assembly whether they have Impowered Major 
Chandler [Thomas, jr.] to sell lands that have New York title only,' or 
what instructions are in his commission relative to the sale of Fane 
[Newfane.] 

Resolved that there be a Committee appointed to deliver the aforesaid 
message to the said Court of Confiscation. Members chosen, M r - Fassett, 
M r - Lyon, and M r - 1. Clark. 

The Committee appointed to deliver the aforesaid Message to the 
Court of Confiscation, returned with the following report, viz: 

" In Council, 19 th Oct*-- 1779. 

"This Council having [have] considered the request of the Assembly 
"relative to Major Chandler, and have no remembrance of authorising 
"him to sell the New York title by virtue of his Commission. P r - 
" order, Joseph Fay, Setf- "* 

Resolved that it is the opinion of this House that the land in Kent 
[Londonderry] attempted to be sold by Major Thomas Chandler [jr.,] 
formerly occupied by Col°- James Rogers, is not legally sold. 

* This is not in the Council record, that body in this matter having acted as the Court of 
Confiscation. 



Governor and Council — October 1779. 9 

Voted that the Governor & Council join the General Assembly To- 
morrow Morning at the opening thereof to choose Judges of the Supreme 
[Superior] Court. 

Adjourned to 9 °Clock Tomorrow. 1 



Thursday 21 fc October 1779. 

Met according to Adjournment. 

Voted Moses Kobinson Esq r - to join a Committee of the Assembly to 
prepare the Powers and Instructions of the Board of War. 

Having Taken into Consideration the accounts of Asahel Blanchard, 
Voted to refer the further consideration thereof to the next session of 
this Council, & that the same be laid on file. 

Voted that in pursuance of a Resolution of the General Assembly 
Providing for the support of M rs - Rogers and Family, [it is] ordered that 
M rs - Rogers be put into the possession of all and singular the Estate, 
articles & things contained in said Resolve, thereby to possess the said 
Estate. 

Voted Samuel Fletcher Esq 1 "- a Committee to join a Committee from 
the House to Take into Consideration the petition of the inhabitants of 
Westminster. 2 

Adjourned to 8 °Clock Tomorrow. 

1 From the Assembly Journal, Oct. 20: 

The Committee appointed to nominate eighteen persons [for a Board 
of War,] brought in their report with the following persons nominated 
for that purpose, viz. Thomas Chittendeu Esq 1 "-' Ira Allen Esq 1 "- Joseph 
Bowker Esq 1 *- Joseph Bradley Esq r ^ Jonas Fay Esq r < Major Benjamin 
Wait, Capt- Ebenezer Allen, Benjamin Emmons Esq r -/Col - Samuel 
Fletcher, Maj r - Ebenezer Wood, William Ward, Esq r -> Joseph Fay Esq r -» 
Timothy Brownson Esq r -> Joshua Webb, Esq r - Cap 1 - Hodges, [Edmond, 
of Barnard,] Maj r - Tyler, [Joseph, of Townshend,] Samuel Robinson 
Esq r ' Jonathan Fassett Esq r - 

Resolved to choose by ballot nine persons for a Board of War, when 
the following persons were accordingly chosen, viz* : His Excellency 
Thomas Chittenden Esq r -* Ira Allen Esq r -> Joseph Bowker Esq r -< Capt. 
Eben r - Allen, Joseph Bradley Esq r -i Sam 1 - Fletcher Esq 1 '-* Maj r - Benj a - 
Wait, Capt. Jonathan Fassett and Timothy Brownson Esq 1 "- 

Resolved that the above nine persons are and they are hereby appointed 
a Board of War for the ensuing year. 

2 From the Assembly Journal, Oct. 21: 

The Council having joined the house they proceeded to choose Judges 
of the Supreme [Superior] Court when the following persons were 
chosen by ballot viz* : the honorable Moses Robinson Esq r -> John 
Shepherdson Esq r -> John Fassett, Jun r - Esq r -' John Throop Esq r - and 
Paul Spooner Esq r - 

His Excellency Thomas Chittenden Esq r - requested to be excused 
serving in the Board of War — Resolved that he be excused and another 
chose in his room. Whereupon Samuel Robinson Esq r - was chose by 
ballot. 

Maj. John Shepardson, who was born in 1718 and died in 1798, was 
in the second company of settlers in Guilford, which in 1772 styled itself 
"the district of Guilford" in the county of Cumberland and province of 
New York. Maj. Shepardson was the first clerk, and Capt. John Barney 



10 Governor and Council — October 1779. 

Friday 22*- October 1779. 
Met according to Adjournment. 

Voted Moses Robinson Esq r - to join a Committee from the Assembly 
to prepare a proclamation for a day of public Thanksgiving and prayer. 

Resolved that M r - Daniel Mash [Marsh] be and he is hereby impow- 
ered to receive for his use and Benefit all and Singular of that part of 
the produce of the farm (lately the property of Col°- James Rogers & 
occupied by the said Mash the last season) which he would have been 
entitled to Provided the General Assembly had not disannulled the 
Bargain made by & between the said Mash & Thomas Chandler [jr.] 
Esq r - in behalf of this State — And that Liberty be given for the Expend- 
ing the said produce on the premises, said Mash to Quit the premises at 
or before the first day of April next. 

Attest, Joseph Fay, Secy- 

Passed in General [Assembly] & attested by Ros L - Hopkins, Clerk. 
Resolved that Jeremiah Clark Esq r - join a Committee from the As- 
sembly to propose a Certain Salary for His Excellency the Governor the 
preceding and Ensuing year. 1 
Adjourned to 9 °Clock Tomorrow. 



Saturday, 23<* October 1779. 
Met according to Adjournment. 

Resolved that Joseph Fay be & he is hereby appointed Secretary to 
the Governor & Council for the year Ensuing. 

supervisor, both of whom were among the earliest adherents to Vermont 
in that town. The Major was a delegate in the Dorset Convention, Sept. 
25 1776; judge of probate under Vermont in 1778, and judge of the 
superior court in 1778 and '9. A party of Yorkers attempted to arrest 
Lieut. Gov. Carpenter and Maj. Shepardson in 1782, but failed.— See 
Thompson's Gazetteer; and Eastern Vermont. 

On this day the General Assembly resolved unanimously to support 
the independence of the State and grant unappropriated lands. — See 
Appendix B. 

^rom the Assembly Journal: 

Oct. 23. — The Committee appointed to affix the Governor's Sallary 
brought in the following report, viz* : " It is our opinion that his Excel- 
lency the Governor ought to be paid seven hundred pounds in addition 
to the three hundred pounds granted to him by the General Assembly 
in October last for the year past, and that his Excellency ought to have 
one hundred pounds for the year ensuing as good as money was in the 
year 1774." Resolved that said Report be accepted. 

Oct. 27. — Resolved that the sum of one hundred pound be paid to his 
Excellency the Governor, the said one hundred pound to be made as 
good as money was in the year 1774, in addition to his sallary for the 
ensuing year. 

Oct. 25. — Resolved that the Counsellors and Representatives be allowed 
fifteen dollars p r - day while in service and one dollar p r - mile in coming 
from their respective places of abode to this place. 

Previous to Sept. 1 1777 lawful money or bills of credit equalled gold 
or silver; Nov. 1 1778 $3.60 in lawful money, and Nov. 1 1779 $16 in 
lawful money were equal to one silver dollar. The sums in the above 
resolutions should be measured by this standard. — See, glade's State 
Papers, p. 430. 



Governor and Council — October 1779. 11 

Resolved that Samuel Fletcher Esq r - join a Committee of the Assem- 
bly to propose the Method & price of Granting Land. 

Resolved that Major Benjamin Wait be & he is hereby appointed 
sheriff in & for the county of Cumberland in the Room of John Benja-. 
min for the Time being. 

Adjourned to Monday next 10 °Clock in the Morning. 1 



Monday 25 October 1779. 

Met according to Adjournment. 

Resolved that Joseph Bowker and Moses Robinson Esquires join a 
Committee from the Assembly to propose & Regulate the setling of the 
Town of Bethel, as also to propose an amendment to the price of Grant- 
ing. 

Resolved that Timothy Brownson and John Throop to join a Com- 
mittee from the Assembly to Consider the several petitions for Land 
and which are proper to be granted this present session. 2 

Adjourned to 9 °Clock Tomorrow. 



1 From the Assembly Journal, Oct. 23 : 

The Committee appointed to prepare the power and instructions of the 
Board of War brought in their report which being read: Resolved that 
the members of the Board of War be and are hereby impowered to meet 
and appoint their President and Secretary; which President shall have 
power to call together the members of said Board with the advice of one 
or more of the members; and their Secretary shall keep Records of their 
proceedings; — and they shall have power to examine into the necessity 
of the defence of the frontiers, and recommend to the Captain Gene- 
ral the raising of any number of men (said Board to appoint their offi- 
cers) for any time not exceeding nine months as they shall judge proper 
— and also the calling out the militia in such number and proportion as 
they shall judge necessary — and if necessity call for it, to procure pro- 
vision, and to store a sufficient quantity for the year ensuing, in order to 
supply the soldiers that are or may be employed for the security of the 
frontiers of this State in case that by any means the Continental Com- 
missaries neglect to supply the garrisons there; and shall have power 
to nominate and appoint a Commissary in order to procure and store 
such provisions and to draw on the Treasury for the money to defray the 
charge thereof. 

a Beport communicated to the Governor and Council by the General 

Assembly. 

Manchester, October 26, 1779. 
To the Hon ble General Assembly now sitting at Manchester: 

Your Committee appointed yesterday to Take into consideration, 
what petitions for Land there is on file that can be Granted this Sessions 
beg Leave to Report their Opinion as follows — That the Hon ble Assem- 
bly proceed as soon as may be & Grant to Major Benjamin Wait & his 
associates the Isle of Mott agreeabl to his petition, and to Col°- Dan- 
forth Keyes and his associates the Tract of Land called Boyalton — And 
to Lt. Jonathan Meachum and his associates the Tract of Land dis- 
cribed by the name of Benson, and to Captain Ebenezer Allen and 
his associates the Tract of Land called Fair haven, as by their several 
Petitions & Surveys on file may be seen, & no more parcels of Land in 
this State until their Several bounds can be better ascertained according 
to the Resolve of the House, Always provided that any Settlers now on 



12 Governor and Council — October 1779. 

Tuesday, 26 October 1779. 

Met according to Adjournment. 

Resolved that Timothy Brownson Esq r - join a Committee from the 
Assembly to enquire why the Land of Phinehas Hurd Late of Arlington 
Deceased may not be sold, and examine into the Circumstances of the 
families of Stephen Fairchilds and Austin Sealey, being read in the 
Council, was referred to future consideration as mentioned on said peti- 
tion. [This, except the reference to a petition, and the Committee of 
the Council, was a resolution of the Assembly. The form of the record 
is quite irregular.] 

Adjourned to 8 °Clock Tomorrow. 



In Council, Manchester, Wednesday 27th Oct r - 1779. 

Resolved that a Committee of Two be appointed from this Council to 
join a Committee from the House to examine and assertain the neces- 
sary Business to be done at this present Sessions. 

Resolved that Timothy Brownson Esq r - join a Committee from the 
House to devise some proper Measures for appointing of Field & other 
officers in new regiments or filling up vacancies. 

The General Assembly sent two members viz 1 - M r - Ithamer Hib- 
bard and John Fassett, Esq r - to request the Governor to Issue his Proc- 
lamation for a public Thanksgiving throughout this State on the first 
Thursday of December Next. 

Resolved that Mr. Amos Robinson be & he is hereby requested to 
call on the Printers to this State and desire him [them] to Complete the 
Pamphlets Intitled a Vindication by Ethan Allen, and that said Mr. 
Robinson see them Transmitted to the Governor at Arlington without 
Delay. 1 

either of the aforesaid tracts of Land shall not be molested or dispos- 
sessed of his or their Farmes (Provided they pay a proportion of costs) 
but be admitted as Proprietors. 

Ethan Allen, Chairman of Committee. 
N". B. Each Settler paying his equal part of the cost be entitled to 
have one hundred acres of Land where he has settled and improved. 

E. Allen. 

The resolution of the House, referred to in the report, provided that 
no land should be granted until a survey had either been made or ap- 
proved by the surveyor general. The committee consisted of "Col°- 
[John] Strong, Brigadier General Allen, and Major [Benjamin] Wait." 
Allen was not a member of the Assembly. 

x The brothers, Judah Paddock Spooner and Alden Spooner, 
were the printers, and their office was near Dartmouth college, in the 
part of Hanover then called Dresden. The Assembly at this session 
made overtures to induce them to remove their office to Westminster, 
and the result was that Judah Paddock Spooner and Timothy 
Green established the Vermont Gazette or Green Mountain Post Boy at 
Westminster in Feb. 1781, and continued it until 1783, when the office 
was removed to Windsor, and the Vermont Journal and Universal Ad- 
vertiser was established by George Hough and Alden Spooner, 
August 7th. In the interim between the suspension of the paper at 



Governor and Council — October 1779. 13 

Resolved that Edward Harris Esq r - be and he is hereby appointed a 
Commissioner to dispose of a farm in Wilmington the former property 
of Phinehas Fairbanks late of said Wilmington, who has gone over to the 
Enemy, & to pay the Debts due to the Creditters of said Estate, & keep 
just accounts and Report on oath to this Court of Confiscation as soon 
as may be. P r - order, Joseph Fay, Secy- 

Resolved that this Council stand Adjourned to the Second Monday in 
November next, then to meet in the Council Chamber at Bennington. 1 

Resolved on further consideration that it is necessary to meet again 
Tomorrow. Therefore Resolved to Adjourn to 8 °Clock Tomorrow 
morning & that the foregoing Adjournment be held good notwith- 
standing. 2 



In General Assembly, 27 Oct. 1779. 
Whereas the Assembly have Resolved to Grant to M r - John Payne & 
his associates the Township of Bethel for the sum of one thousand three 
hundred pounds in addition to what has been already paid, & General 
Ethan Allen, Colonel Samuel Herrick, Maj r - Benjamin Wait, Jonas Fay 
Esq r - & their associates, whose names are Mentioned in the scedule 
[schedule] affixed to the petition, the two Islands in Lake Champlain by 
the name of the Two Heroes for the sum of Ten thousand pounds— 
And to Major Benjamin Wait & his associate the Isle of Mott agreeable 
to his petition — And to Col°- Danforth Keyes and others his associates 
the Tract of Land called Boyalton — And to Lieu*- Jonathan Meachum 
& his associates the Tract of Land called Benson— And to Capt. Eben- 

Westminster early in 1783, and the removal of the office to Windsor, 
Anthony Haswell and David Russell commenced publishing the 
Vermont Gazette, or Freeman's Depository, at Bennington, June 5, 1783. 
Hence probably the change of the name of the first Vermont newspa- 
per. — See Thompson's Vermont, Part II, pp. 171-2. 

1 For description of the Council Chamber, &c, see Appendix A. 

"From the Assembly Journal, Oct. 27: 

Whereas it has been represented to this Assembly that the transport- 
ing of large quantities of provisions out of this State for private uses 
greatly augments the prices thereof as well as impedes purchasing such 
provisions as are necessary for the Continental Army and the troops 
necessary for the defence of this State: therefore Resolved that his Ex- 
cellency the Governor be requested to issue his proclamation forbidding 
the exportation of any wheat or wheat flour after this day, except such 
as is purchased by the Commissary for the use of the army, on penalty 
of forfeiting the same or the value thereof to the use of this State, ex- 
cept such as is necessary to procure salt and other necessaries for the 
use of any private family or families, or such as has been bargained 
away betore this day as aforesaid, in either of which case any Assistant 
[Member of the Council, Assistant Judge] or Justice of the peace of the 
County may give licence for the exportation of such quantity of any of the 
foregoing articles as they shall judge necessary for the purpose aforesaid 
—which proclamation is to continue in force until the next Session of 
Assembly and no longer. Provided always that His Excellency the 
Governor and Council shall have it in their power to take off said em- 
bargo before that time if it shall be found necessary. 



14 Governor and Council — October 1779. 

ezer Allen & his associates the Tract of Land called Fair haven, as by 
the several petitions & surveys may be seen, 

Kesolved that His Excellency the Governor & Council be desired to 
Carry the above Resolves into Execution under such restrictions and 
Regulations as they in their Wisdom shall Judge will most Conduce to 
the best Good of this State & to make out Charters of the Above Tracts 
of Land Agreeable to the Resolve of the General Assembly. 

Passed in General Assembly. Attest, Ros L - Hopkins, Clerk? 



Thursday October 28 1779. 

Met according to Adjournment. 

Resolved that His Excellency Thomas Chittenden & Ira Allen Esq 1 "- 
be & they are hereby appointed a Committee to Receive the money of 
the proprietors of the Two Heroes in Lake Champlain, and also to Erase 
the names of any proprietor who refuses or neglects to pay the money 
aforesaid by the 20 day of December next, and to Enter others in their 
Room that shall appear to pay. Attest, Joseph Fay, Seem- 

Resolved that Benjamin Wait Esq r - Rec eive the money of the Propri- 
etors of the upper part of Cumberland County, for the Granting fees of 
the Two Heroes in Lake Champlain, and return the money immediately 
to the Committee appointed to receive the Same; also his honor [Lieut] 
Governor Carpenter & Capt. Jesse Burk to receive the money aforesaid 
of the Proprietors of the Lower part of Cumberland County, & make 
returns as aforesaid. Attest, Joseph Fay, Secy- 

Voted unanimously that the price of the land known by the name of 
Fair Haven, Granted to Capt. Ebenezer Allen and associates, be one 
Dollar p 1 '- acre to be paid by the 20 of December next. 

Resolved that His Excellency the Governor & Ira Allen Esq r - be a 
Committee to Receive the money of the proprietors of Fair haven & are 
hereby empowered to Erase any of the names of the Proprietors who 
refuse or neglect to pay the money as aforesaid, & enter other names in 
their Room, that may appear to pay the money, paying an equal propor- 
tion of the Expence of the proprietors which is not paid on said Right. 
By order of Council, Jos. Fay, Secy- 

Resolved that the price for the Township of Moyalton be two Dollars 
p r - acre to be paid by the proprietors of said Town. 

Attest, Joseph Fay, Secy- 

The End of October Session 1779. 2 

1 The Assembly journal shows that this resolution was returned by the 
Governor and Council with the following endorsement, which, however, 
does not appear in the record of the Council: 

"In Council Oct'- 27^ 1779. 
"The aforesaid Resolution was read and concurred with except the 
"township of Bethel, which they unanimously decent [dissent] from, and 
" desire the same may be entered in the Journals of the Assembly. 
"Extract from the Minutes, Jos Fay, Secy-" 

8 From the Becord of the Board of War, Oct. 27: 

Manchester, October 27 th 1779. 

Board of War met. Present — Timothy Brownson Esq r -» Joseph Bow- 
ker Esq r -i Samuel Robinson Esq 1 "-* Maj r - Benjamin Wait, Capt. Eben r - 
Allen, Sam 1 Fletcher, Esq r - and Ira Allen Esq r - 

Proseeded to the choise of a President & Secretary. 

l 8t - Made choise of Timothy Brownson Esq r . President. 



Board of War— October 1779. 15 

2 d - Made choise of Ira Allen Esq r - Secretary. 

Members Present were sworn to the faithfull discharge of their office. 

Resolved to raise by Enlistment Twenty able bodied effctive men to 
enter service at Fort Ranger the fifteenth day of November next and to 
continue in service five months unless sooner discharged. 

Resolved that Lieutenant Benjamin Everst take the command of s d . 
men and have liberty to appoint two Sergeants, two Corporals and one 
Drummer. 

Resolved that said Lieutenant Have Sixty Pounds p r - month, That 
each sergeant have twenty five pounds p r - month, That each Corporal 
and Drum have twenty two pounds ten shillings p r - month, That each 
soldier have twenty pounds p r - month. 

Resolved that each Non commissioned officer and soldier have twenty 
pounds bounty Paid them when they engage. 

Resolved that this board stands adjourned without day. 

Ira Allen, Secv- 
In Board of War, Manchester, 27 th October 1779. 

Sir. — I am directed to transmit to you the foregoing resolves and to 
recommend to your Excellency to carry the same into Execution. 

p r - order, Ira Allen, Sec*- 

To His Excellency Thomas Chittenden Esq r - 

Note. — By far the most important and interesting business of the 
Governor and Council at this session does not appear in its record. In 
fact, much of the time was spent in joint assembly, in deliberation and 
debate as to the course to be pursued on the attempt of Congress to 
decide, indirectly, the question of the state's right to independence; 
haply to deny it, by a settlement of the respective claims of New York, 
New Hampshire, and Massachusetts to jurisdiction within its limits. In 
these deliberations and debates both branches of the government acted 
in concurrence and for the result both were equally responsible, though 
in form, apparently, the resulting action was by the house of represen- 
tatives alone. It is fit, therefore, that this important chapter in the 
history of the State should be inserted in this record of the Governor 
and Council, and it is therefore embraced in Appendix B. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT AN 

ADJOURNED SESSION AT BENNINGTON, NOVEMBEK 1779. 



Bennington 8 November 1779. 

The Governor and Council met according to Adjournment, and pro- 
ceeded to business. 

First took under consideration the petition of Joab [Joash] Hall and 
associates for a Certain Gore or Tract of Land, whereupon Resolved to 
refer the further consideration of the subject until Tomorrow 8 °Clock, 
to which Time this Council stands Adjourned. 



Tuesday 9 November 1779. 

Met according to Adjournment. 

This Council having taken into consideration the petition of Doct. 
Joash Hall, in behalf of himself and associates, bearing date the 31* day 
of December A. D. 1778 and rec d on file in the Secretary 8 office the 6 day 
of January 1779, praying for a Grant of a Certain Gore of Land within 
this State, &c. Whereupon 

Resolved that Ira Allen Esq r - the Surveyor General be and he is hereby 
directed to grant an order of Location & Survey unto the said Joash 
Hall and Ensign Elihu Lyman, agents for s d associates, viz*- Beginning 
at the Northeast Corner of Wallingford, thence Easterly on Shrewsbury 
South Line to the Southeast Corner thereof being the northwest Corner 
of Ludlow, thence Southerly on Ludlow west Line to the southwest 
Corner thereof, & to Extend south in such manner as not to interfere 
with any former Grant so far as the vacant or unappropriated lands ex- 
tend, provided always that the vacant Lands does not more than include 
forty six thousand acres. 

By order, Joseph Fay, Secv- 

Resolved that a Committee be appointed to receive the money due 
from the Proprietors for Granting the following Tracts of Land viz 4 : 
Two Islands in Lake Champlain by the name of Two Heroes, the Isle of 
MotU Fair haven, Benson, Bethel, & Royalton, with full power to Erase 
the names of any of said proprietors who Neglects or Refuses to pay 
their respective Grants, and enter others (who will pay,) in their Room. 
Members choosen, His Excellency Thomas Chittenden Esq r > Ira Allen 
& John Fassett, Jun r Esquires. 

Resolved that in each Charter of Incorporation for any Grant of Lands 
made out and Executed by this Council, a reservation be made therein 
of all Pine Timber suitable for masts or spars for shipping, to the use of 
the Freemen of this State forever, which Timber shall be marked by a 



Governor and Council — November 1779. 17 

Surveyor to be hereafter appointed for that purpose agreeable to the 
directions of the General Assembly of the representatives of the Free- 
men of this State. 

Resolved that Eight pence L. Money p r - acre be deducted out of the 
price for Granting the township of Fair haven, on account of the reser- 
vation of Pine Timber for the use of the Freemen of this State. 

Resolved that Each Grantee in the Township of Benson pay or cause 
to be paid unto the Committee viz*- his Excellency Thomas Chittenden 
Esq 1- - Ira Allen & John Fassett Ju r - Esquires, one hundred & Twenty 
Eight pounds, L. money, on or before the 10 th day of January next, <& 
that said Committee be and they are hereby impowered to Erase those 
names who neglect to pay the aforesaid Committee at the aforesaid Time, 
& put in such persons' names that shall appear to pay said sum. 

Adjourned to 8 °Clock Tomorrow. 



Bennington 10 Kov r - 1779. 

Resolved that every Grantee of the said Benson, his Heirs or assigns, 
shall plant & cultivate Ten acres of Land & build a House at Least 
Eighteen feet square on the floor, or have one Family settled on Each 
respective Right or share of Land, within the Term of Two years next 
after the conclusion of the present War between Great Britain & Amer- 
ica, or in two years after the Province of Quebeck shall be United with 
the free & Independent States of America, on penalty of the forfeiture 
of his Grant or share in s d Township, and the same to revert to the free- 
men of this State to be by their representatives regranted to such per- 
sons as shall appear to Settle & Cultivate the Same. 

Adjourned to 8 °Clock Tomorrow. 



Thursday, 11 th Nov r - 1779. 

Met according to Adjournment. 

Resolved to Grant to Major Benjamin Wait and ninety four others his 
associates, Eight thousand acres of Land on the Isle Mott in Lake Cham- 
plain, including three public Rights. Beginning at the south end 
thereof & extending so far northward as to contain the aforesaid quan- 
tity of Eight thousand acres. 

Resolved that the said Grant be made out on Condition that the pro- 
prietors pay to the Committee appointed for that purpose, on or before 
the 10 th day of January next, thirty six pounds on each Grantee's right 
or share. 

Resolved that the Condition of settlement be the same of the two 
Islands Granted by the name of the two Heroes. 

Resolved that a Committee of three be appointed to inquire into the 
Circumstances of certain Tory Families, viz*- [ Stephen ] Fairchilds, 
Widow [of Phineas] Hurd, Austin Sealey & Daniel Burret [Burritt,] all 
of Arlington, & see whether they think it is best to sell those farmes 
formerly their property, or any part thereof, & provide some plan [or 
place] for said Families, & Report their opinion to the Court of Confis- 
cation as soon as may be. Persons choosen, Capt n - Wallis, [Ebenezer 
Wallace,] Captain [Matthew] Lyon, and Captain Jonas Galusha. 

Adjourned to 8 °Clock Tomorrow. 



In Council, Friday 12 November 1779. 
Met according to Adjournment. 

Resolved that the Several Surveyors of this State be directed in Run- 
ning Town Lines, to allow one chain in thirty for swagg of chain. 

3 



18 Governor and Council — November 1779. 

Voted Jonas Fay & Joseph Fay Esquires a Committee to prepare the 
Bills passed by the General Assembly of this State at their last Session, 
for the press as soon as ma} 7 be. 

This Council having taken into their Consideration the petition of 
Captain Ebenezer Fisk of Farmington & Col - Joab Stafford of New 
Providence in the State of Massachus* 8 Bay & their associates praying 
for a Grant of Vacant Land in this State, as by their petition on file may- 
appear, whereupon 

Resolved that Ira Allen Esq r - the Surveyor General be & he is hereby 
directed to grant an order of Location & Survey, unto the said Eben- 
ezer Fisk & Joab Stafford & associates to be divided into equal Shares 
the following tract of Land, viz*- Begining at the Southwesterly Corner 
of the Township of Granby — then Southerly on the westerly line of a 
Location heretofore given to Captain Ebenezer Fisk aforesaid & his asso- 
ciates, and Samuel Bishop Esq 1 '- & associates, Captain Beach Tombleson 
& his associates, to the southwesterly corner thereof, then westerly a 
parallel Line with the southerly line of said Granby until turning north- 
erly a Parallel line with the westerly line of said Location, until turning 
easterly a parallel Line with the southerly line of said Granby to the 
bounds first mentioned will contain twenty three thousand and forty 
acres of Land and no more. 

Attest, Joseph Fay, See?- 

This Council having taken into their consideration the petition of 
Captain Comfort Sever agent in behalf of the Township of Boyalton 
within this State, Praying this Council to defer making out a Charter of 
Incorporation for said Town of Boyalton, agreeable to the request of the 
General Assembly of this State at their Sessions in October Last until 
said Inhabitants can have an opportunity to be heard in the Premises by 
the General Assembly aforesaid at their next Session, 

Resolved therefore that a Committee of four be appointed to proceed 
Immediately to the said Town of Royalton and enquire how many 
settlers are actually on the premises, when they entered, & how many 
have made actual Improvements, & are not on the premises, as also to 
enquire into any other matters of Grievance relating to the matter of 
the petition, and Report to this Council specially as soon as may be, & 
that the Facts exhibitted to the said Committee be supported by evidence 
under oath. 

The members choosen — Hon ble Benjamin Emmons and John Throop, 
Esquires, Samuel Robinson, Esqv- and Captain Edmond Hodges & any 
three of whom are hereby empowered to Act. 

Resolved that in the opinion of this Council this business ought to 
[be] effected at the Expence of the Petitioners. Attest, 

Joseph Fay, Secy- 

Resolved that a Committee of five be chosen (three of whom to be a 
quorum) to ascertain bounds of the following Towns viz 1 - Pownall, 
Bennington, Shaftsbury, Arlington, Stamford, Woodford, Glosenbury, 
[Glastenbury,'] Sunderland, & to be under the Direction of the Surveyor 
General of this State & make returns to him as soon as may be. Mem- 
bers chosen, Moses Robinson Esq r - L* Joseph Safford, the Hon ble John 
Fassett [jr.] Esq r - Samuel Robinson Esq r - & M r - Simeon Hatheway. 

Jos. Fay, Secy- 

Resolved that this Council be & it hereby [is] Adjourned until the 21* 
day of December next at one °Clock P. M. then to meet at Arlington. 
Attest, Joseph Fay, Secy- 



Governor and Council — December 1779. 19 

RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT ARLINGTON DEC. 8 & 9 1779. 



In Council, Arlington 8 th Dec n 1779. 
Present His Excellency the Governor — 

Hon ble Joseph Bowker, Timothy Brownson, 

Moses Robinson, Jeremiah Clark & 

Jonas Fay, John Fassett Ju r Esq r8 - 

Resolved that the Manuscript entitled "Vermont's appeal to the 
Handid & Impartial World, containing a Fair Stating" &c. Exhibitted by 
Stephen R. Bradly, be published and promulgated to the States of 
America. 1 



December 9 th 1779. 

Resolved that Jonas Fay, Moses Robinson & Stephen R. Bradley 
Esq 1-8 - be & they are hereby appointed agents to appear at Congress on 
the first day of February next. 

Resolved that Captain Jonathan Fassett be & he is hereby appointed 
one of the Committee in lieu of Samuel Robinson Esq r > for the purpose 
of hearing the request of the Inhabitants of Royalton, who at his request 
is hereby dismissed. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT AN 

ADJOURNED SESSION DEC. 21 1779. 



Arlington, 21 December 1779. 

The Council met according to Adjournment. 

The Committee appointed by the Gen 1 Assembly of this State at their 
Sessions in October last to receive the money 1 from the several Grantees 
for the Granting fees of the Township of Fair haven take this Method to 
Notify those Grantees that they shall Continue to receive such monies 
until the 10 day of January next Inclusive. 2 

Adjourned without day. Jos. Fay, Secv- 

No record of any meeting of the Governor and Council between the 
21st of December 1779 and Jan. 26 1780 has been found; and yet, from 
an important pamphlet, by Ethan Allen and Jonas Fay, which bore the 

1 See Appendix D. 

* This seems to be both a record of a vote of the Council and the form 
of a notice to be transmitted to the grantees. 



20 Governor and Council — January 1780. 

date of January 1 1780, and was " published by order of the Governor 
and Council of Vermont," it seems that there either must have been a 
session to order the printing of the document, or an omission of the order 
in the record of the meetings in December, 1779. — See Appendix E. 1 



RECORD OF THE GOVERNOR AND COUNCIL 



AT A 



SPECIAL SESSION AT MANCHESTER JANUARY 26 1780. 



Manchester, 26 Jan?- 1780. 

In Council, date above. 
Present — His Excellency Governor Chittenden. 
The Hon ble8 

Joseph Bowker, Esq 1- ' John Fassett, jr. Esq r > 

Paul Spooner Esq r -> Sam 1 - Fletcher, Esq r - 

Benjamin Emmons, Esq r > 
The Proprietors of the Township of Moyalton having laid before this 
Council the dispute between them with respect to Granting said Town- 
ship to the Inhabitants thereof, & a number of non-residents, who by a 
resolution of Council of the 24 December last was to appear this day 
& receive the Charter of Incorporation & pay the Granting fees — but as 
it appears the Inhabitants of said Town did fully understand the Inten- 
tions of the resolution aforesaid — Therefore 

1 It appears from the following that the Board of War was in session 
about this time, but no proceedings are recorded: 

Sunderland, Dec. 23 d 1779. 
Debenture of the Board of War. 
Present — Timothy Brownson Esq. 

[Received] Tim - Brownson. 
Maj. Benj. Wait, 

^Received] Benj. Wait. 

Capt. Ebenezer Allen, 

Rec d in full, Ebenezer Allen. 
Lieut. Joseph Bradley, 

Received in full by a Pay-table order. 
Capt. Joseph Bowker, 
Capt. Samuel Robinson, 

Timothy Brownson, Pres. 
N. B.— B. Wait paid by J. Bowker. 



£8 4 





28 





17 4 





8 4 





20 10 
9 








Governor and Council — February 1780. 21 

Resolved to postpone the Making out the Charter of Incorporation of 
said Town until the Next Session of Assembly in March Next. 

Attest, Joseph Fay, Sec'v- 1 



RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT ARLINGTON FEB. 1780. 



State of Vermont: In Council, Arlington, 29 th Feb?- 1780. 
Present — His Excellency Thomas Chittenden Esq 1 - Gov- 



Jeremiah Clark & 
John Fassett J r - Esq™ 
Joseph Fay, Se&- 



Hon ble Joseph Bowker, 
Moses Robinson, 
Jonas Fay, 
Tim - Brownson, 

A petition signed Jacob Ruback & others a Committee in behalf of 
three hundred Inhabitants of the Northern Frontiers of this State, & 
directed to his Excellency General Washington, praying for relief by 
Granting Col - Warners Regiment, or other Troops, to guard said Fron- 
tiers, being read & the subject thereof debated on, a vote was called 
thereon wheather they approve of said petition being sent to General 
Washington or not, which passed Unanimously in the negative. 
Resolved that a copy of this Vote be sent Col 0, Warner. 

Attest, Jos. Fay, Secy- 

1 The Board of War met on the 2d of Feb. 1780, as appears by a de- 
benture account, but there is no record of proceedings. It appears how- 
ever that Capt. Nehemiah Love well's company was formed in February 
1780, and served in eastern Vermont. — See manuscript Assembly Jour- 
nal, Vol. 2, p. 71; and Council Journal and note, post, under date of Feb. 
15, 1782. The debenture account referred to was as follows: 

Arlington, Feb. 2 d 1780. 
Debenture of the Board of War. 
Hon. Timothy Brownson Esq. £10 4 

[Reed] Tim thy Brownson. 
Maj. Benj. Wait " 37 10 

[Reed] Benj. Wait. 
Lieut. Joseph Bradley 10 4 

[Reed] Joseph Bradley. 
Capt. Samuel Robinson 13 10 

[Reed] Samuel Robinson. 
Col. Ebenezer Allen 18 12 

[Reed] Ebenezer Allen. 
Capt. Jona. Fassett 9 18 

[Reed] Jona. Fassett. 

Tim thy Brownson, Pres. 



22 Governor and Council — February 1780. 

Resolved to choose a committee of three to prepare a draught to lay 
an Embargo on the Exportation of provision. Members chosen, Jonas 
Fay, Moses Robinson, and Joseph Bowker Esquires. 

Whereas Capt. [William] Fitch, Commissioner of Sequestration for 
the Township of Paulet, claims a Lot of Land in said Township of Paulet 
now in the possession of Mabel Benedict, which land is confiscated to 
the use of this State, & whereas s d Fitch refuses to Give a Lease of said 
Land, Therefore 

Resolved that Moses Robinson Commissioner of Sequstration for the 
Township of Reuport be & he is hereby impowered & required to give 
a Lease of said Lot of Land unto the said Mabel Benedict for the term 
of one year, taking proper Measures to secure the pine Timber if any 
there be in said Lot. 



In Council, Arlington 29 th Feb^- 1780. 

Whereas it is found that Large quantities of Provisions are continually 
exported out of this State, which if not immeadiately prevented will ren- 
der it Impracticable to furnish the troops raised for the defence of the 
Northern Frontiers, as also prevent the purchasing Commissaries pr> 
curing the Necessary provisions in this department for the use of the 
Army — Therefore 

Resolved that any further Exportation of wheat, Bye, Indian Corn, 
flour or meal of any kind, as also Beef, Pork, or any other Provisions 
whatever that may be useful for such Supplies, be and are hereby Strictly 
Prohibited & forbid to be Transported out of this State; also that no 
provisions of any kind, that may or shall be transported out of the State 
of New York, contrary to the prohibition of that [State,] be permitted 
to pass through any part of this State, unless for the use of the Army. — 
And all Sheriffs, Constables, Grand Jurors & Select men of the respective 
towns within this State, are hereby authorised and required to Seize any 
& every of the above Mentioned articles in case they have reason to 
suspect any person or persons to be carrying them out of this State 
contrary to the true Intent & meaning of this Resolution, And if need 
be Command assistants, & make returns to the Next assistant or Justice 
of the Peace of s d - Town the writs of s d - Seizure, & unless such person 
or persons shall satisfy the court before whom the Examination be had, 
that he or they were not Transporting any of the above' mentioned 
articles out of this State, or that they were for the use of the Army, 
said articles shall be forfeit, or such person or persons fined not Exceed- 
ing forty pounds at the discretion of the court before whom the Tryal 
shall be had, the one half of the forfeiture to the use of this State, the 
other half to the person who shall prosecute to effect. This Prohibition 
to Take place the second day of March next & continue in force thirty 
days. Attest, Jos. Fay, Sec?- * 

1 By an act of the Assembly in March following, the exportation of 
provisions was forbidden until the 15th of August. This was re-enacted 
in 1780, and the prohibition continued in force until Feb. 1781.— See 
Slade's State Papers, pp. 396-7. 



Governor and Council — March 1780. 23 

RECORD OF THE GOVERNOR AND COUNCIL 



SESSION WITH THE GENERAL ASSEMBLY AT WESTMIN- 
STER MARCH 1780. 



The General Assembly met on the 8th, but there is no record of any 
proceedings of the Governor and Council until the 14th. At the close 
of the record Secretary Fay left five blank pages " for the purpose of 
recording the remainder of the journals of Council at the Westminster 
Session, which by some Mistake in the Transfer of the books from M r - 
Tolman to me were not rec d - " This is dated April 7th 1789, and shows 
that the journal was not recorded until that time. Thomas Tolman had 
been deputy secretary, and as such for a time he had possession of the 
original minutes. The following entries in the Assembly journal show 
that the Governor and Council met previous to the 14th, and also indi- 
cate a portion of its business. 

[From the Assembly Journal.'] 

March 9. — His Excellency the Governor made a Speech verbally to 
this House. 

March 10. — The Committee who was appointed to prepare a plan for 
the defence of the northern frontiers 1 brought in the following Report, 
viz: 

" That it is our opinion that the General Assembly grant or order to 
be granted [by the Governor and Council] four, five, or six townships of 
land if it can be found without danger of lapping on the former grants. 

"Secondly that his Excellency the Governor be requested to draw on 
the trustee of the war office (if he find that the avails of the grants 
before mentioned be not sufficient to procure provisions and the other 
money that may be necessary to defray the public charges of this State 
that may accrue,) for Loan office certificates to such amount as he shall 
find necessary for the supplying the Commissary of purchases — The 
form of which certificates shail be as follows, viz: 

"N°- Certificate for dollars. 

I do hereby certify that the State of Vermont is indebted 

to , in the sum of- dollars, being for , 

which sum by contract became due to the day of- 



for which sum he is to be paid as much money as shall be an equivalent 

in value to the above mentioned sum by the day of with 

the interest at six per cent. p r - annum. 

" Thirdly If the provisions cannot be had for money or loan-office 
certificates as aforesaid, Then his Excellency the Governor is hereby 
directed to order the Commissary to take the provisions where they can 

a This committee, appointed on the 9th, consisted of Capt. Matthew 
Lyon, then of Arlington, Ithamer Hibbard of Wells, and Col. William 
Williams of Wilmington. 



24 Governor and Council — March 1780. 

be found in the hands of any person over and above the wants of his 
family, allowing to such person what the selectmen of the town shall 
judge to be sufficient for the support of such family until the tenth day 
of September next, paying such person the current price in money or 
certificates at his election. 

" p r - order of Committee, M. Lyon, Chair m - 

The aforesaid Keport being read, Resolved that said Report be accepted. 

Resolved that the ammunition purchased by the order of this State be 
disposed of by the Governor and Council as they shall judge necessary 
for the benefit of this State. 

March 11. — The Committee to whom was referred the petition of John 
Moore, Jonathan Perham and Solomon Harvey and their associates, 
[agents of the town of Athens,] brought in the following report, viz: 1 

"That in our opinion it would be highly in the interest of this State 
that the tract of land situate and bounded as returned in the plan 
annexed to the petition be chartered by this Assembly to the sixty- 
seven persons whose names are annexed to the petition forthwith upon 
the following conditions, viz: 

"First that if any of the proprietors neglect to pay for their right 
their names to be erased and others put in their room. 

"Secondly That it shall be a condition in the Charter that each one of 
the proprietors shall begin a settlement on or before the first day of 
March 1781 on his right and continue to compleat the same. 

" Thirdly That one right be reserved to be appropriated for the use of 
a school and one right for the first Gospel minister that shall be settled 
in said town, and that said petitioners be allowed corporation priviledges 
equal to any town in this State; and that said proprietors pay for said 
tract of land eighteen thousand pounds at or before the delivery of the 
Charter, which charter shall be made out by the Governor and Council 
as soon as may be. Joshua Webb, Chairman" 

The above Report being read, Resolved that the said Report be 
accepted and Referred to the Governor and Council to be fully executed. 

March 13. — The Committee appointed to examine the several petitions 
for lands now on file in the Secretary's office, brought in the following 
report, viz: 

" That (in our opinion) we have agreeable to our appointment exam- 
ined the said petitions severally, and find that there is a large tract of 
vacant and unappropriated land lying and being in the north part of 
this State adjoining to the south line of the Province of Quebec and 
west of Lake Memphremagog and the Green mountains and bounding 
west on lands heretofore granted by the government of New Hampshire 
contigious to lake Champlain; That your Committee are of opinion 
that a part of the said tract sufficient to make six townships of the 
contents of six miles square each, may, consistent with the interests of 
this State, be granted by your honors to the following gentlemen peti- 
tioners and Company for the several townships hereafter particularly 
named, viz: 

"To Major William Goodrich, Barzilla Hudson, Charles Dibble and 
Company a township of six miles square as laid down in the plan here- 
with returned by the name of Berkshire — 

"To Col - Roger Enos and Company one like township as returned 
in said plan by the name of Enosburgh — 

1 Previous to acting upon this report the resolution of Oct. 20 1779, on 
land grants, was repealed. 



Governor and Council — March 1780. 25 

" To Col - Howel Woodbridge and Jonathan Wells Esq r - and Company 
one like township as returned in said plan by the name of Michford — 

" To Doct r - Ezra Stiles, 1 Doct r - Benjamin Gale, 2 and Company one like 
township returned in said plan by the name of Montgomery — 

"To the Officers of the Connecticut line, being sixty in number, 
agreeable to their petition, one like township as returned in said plan 
by the name of Wyllis, 3 [Jay] — 

u To Daniel Owen Esq 1- - and Company one like township as returned 
in said plan by the name of Westfield. 

By order of Committee, Ethan Allen, Chairman." 

Resolutions in detail for these several grants were adopted, and the 
Governor and Council requested to execute them. Allen was not a 
member of the Assembly; but, as appears from his charges paid by the 
State, he was in attendance " by the Desire of the Gov r & Council " in 
June and October 1779, March 1780, and on four occasions in 1782 
and '83. 

Resolved that this Assembly will join the Governor and Council in a 
Committee of the whole to take into consideration the exercising the 
civil laws, and extending their jurisdiction throughout the State, at two 
o'clock in the afternoon. 

March 13, P. M. According to a Resolve passed in the forenoon, this 
Assembly Resolved themselves into a Committee of the whole with the 
Governor and Council. 

The Committee of the whole having adjourned until to morrow 
morning nine o'clock, The House proceeded to business. 4 



The record of the Governor and Council is now resumed, as follows: 

Westminster 14 March 1780. 
In Council, Thursday date above. 
Resolved that Samuel Fletcher & his honor [Lieut.] Governor Car- 
penter join a Committee of the House to prepare a bill Stating fees & 
fines. 
Adjourned to 8 °Clock Tomorrow. 5 

1 Rev. Ezra Stiles, D. D., LL.D., of New Haven, Conn. President 
of Yale College from 1778 until his death, May 12 1795. 

2 Benjamin Gale, physician, who was born on Long Island in 1715 
and died at Killing worth, Conn., May 21, 1790. He was distinguished 
for agricultural, medical, and political writings, and was a scientific and 
practical farmer. An agricultural society in England gave him a medal 
for an improved drill-plow. 

3 Colonel Samuel and Major John P. Wyllis of Connecticut were 
officers in the continental army. 

4 Probably the result was the act "repealing a certain paragraph of an 
act entitled 'An Act making the laws of this State temporary.'" — See 
Slade's State Papers, p. 397. 

6 By a resolution of the Assembly of this date the martial law of the 
United States was adopted for the time being. 



26 Governor and Council — March 1780. 

Wednesday 15 March 1780. 

Met according to Adjournment. 

Resolved, that the conditions of settlement of the Townships of 
Berkshire, Enosburgh, Bichford, Montgomery, and Westfield be as follows, 
viz 4 - 

That each proprietor of said townships pay to the Treasurer of this 
State, or a Committee hereafter to be appointed, the sum of Eight 
pounds L. Money to be made Good as it passed Current in the year 1774. 
That the proprietors of Enosburgh & Westfield make payment to the 
said Committee on or before the first day of June next, on payment of 
which Charters of Incorporation will be given. And each Proprietor of 
the above Townships, their Heirs or assigns, shall plant & Cultivate five 
acres of Land & build a house at Least Eighteen feet square on the 
floor, or have one family settled on Each respective right or share of 
Land within the term of four years after the Circumstances of the War 
will admit of a Settlement with Safety, on penalty of the forfeiture of 
Each respective Right or share of Land in said Township, and the same 
to revert to the freemen of this State to be by their representatives 
regranted to such persons as shall appear to Settle & Cultivate the Same. 
And said Committee is Impowered to Erase the Names of sucli propri- 
etors as shall not appear & pay the Money aforesaid & Enter others in 
their Stead. And that five sixty fifth parts in said Township be reserved 
for public uses of this State as shall be hereafter discribed in the Charters 
of Incorporation for said Towns, as also all Pine and oak Timber suitable 
for a Navy. 

Resolved that the Township of Land Granted to the officers of the 
Connecticut Line [be known] by the Name of Wyllys, [now Jay,] that 
the Conditions of Settlement be as follows, viz 4 - That Each Proprietor 
in said Township pay to the Treasurer of this State six pounds L. 
Money to be made Good as in the year 1774. That settlement be made 
agreeable to the Terms proposed on the Townships aforesaid, except 
Four years after the present War shall be concluded between Great 
Britain and America — the same Reservation of public Rights and 
Timber as in other Towns Granted in this State. 

Adjourned to B^lockTomorrow. 1 

1 From the Assembly Journal: 

March 15. — Resolved to reconsider the act that passed the House 
entitled " An Act for the purpose of impowering the inhabitants of the 
respective towns in this State to tax themselves on certain occasions" — 
which Act was sent up for concurrence [to the Governor and Council] 
and sent back with an amendment; Ordered that said Act with the 
amendment lie on the table for further consideration. [The record of 
the Governor and Council does not show this action of that body. The 
result will appear on the next page.] 

March 16. — Resolved that the Governor and Council be and they are 
hereby requested to obtain a printer to settle within this State for the 
purpose of printing the Laws, &c, as soon as they shall judge it necessary. 

Resolved that the Court of Confiscation be and they are hereby 
required to order the commissioners for sale of confiscated lands to 
bring their business to a close so as to make a compleat settlement 
before the next session of Assembly. 

The following message was delivered by the Sheriff from the Council, 
viz: 

" In Council, Westminster, 16 th March 1780. 

" Whereas it appears to this Council that it will not be in the power 
of Joseph Bowker Esq 1 ' commissary of purchases, fully to execute the 



Governor and Council — March 1780. 27 

Thursday, In Council, 16 March 1780. 

Met according to Adjournment. 

Eesolved that the Township or gore of Land granted to Doc*- [Solo- 
mon] Harvey & his associates by the name of Athens, sixty seven in 
number, pay the Money for granting said Town on. or before the first 
day of May next, at which time a Charter of Incorporation will be given, 
according to Resolve of Assembly. 

Resolved that the Townships of Philadelphia 1 & Chittenden, granted 
this Sessions, [pay as follows:] that the Proprietors of Chittenden pay to 
the Treasurer of this State five hundred & forty pounds L. Money, 
made Good as in the year 1774. And that the Proprietors of Philadelphia 
pay him five hundred & eighty pounds, Money aforesaid, to be paid 
on or before the first day of June next, at which time Charters of Incor- 
poration will be made out for said Towns — The conditions of settlement 
to be the Same as the other Townships Granted this Session to Col°- 
Roger Enos & others on or near Canada line, Except such settlement to 
be made within two years after the Circumstances of the War will admit 
to Settle in Safety. 

business of his appointment to that important trust: They do therefore 
recommend to the hon ble Assembly to appoint an Assistant Commissary 
of purchases. By order of Gov- and Council, 

" Joseph Fay, Sec?-" 

The aforesaid Recommendation of the Governor and Council being 
taken into consideration, Resolved that an Assistant Commissary of 
purchase be appointed this afternoon. [The foregoing message does not 
appear in the record of the Governor and Council. At the time fixed, 
Maj. Benjamin Wait was elected assistant; and on the same day Joseph 
Fay was elected to the same office for the lower part of Bennington 
county.] 

On 'motion made, after long debate: Resolved that the following 
amendment be made to the Act entitled "An Act for the purpose of 
impowering the inhabitants of the respective towns in this State to tax 
themselves for certain occasions," viz: 

"Always provided that no person be compelled by the major vote 
of said town to build, or repair a meeting house; or support a worship, 
or minister of the gospel, contrary to the dictates of his conscience; 
Provided said person or persons shall support some sort of religious 
worship as to them may seem most agreeable to the word of God, 
anything in this Act to the contrary notwitstanding." 

The yeas and nays being required by M r - [Matthew] Lyon whether 
the last clause of the amendment stand, viz.: "Provided said person 
or persons shall support some sort of religious worship as to him may 
seem most agreeable to the word of God" — they stand as follows, viz.: 

Yeas— My- Speaker, M r Strong, M r Brewster, M r - E. Clark, [Ezekiel 
of Clarendon,] M 1 - Ives, M r Roberts, M r - Drury, M r - Foot, M r - Hamilton, 
M r - Underwood, M r - Williams, M r - Barrett, M r - Merrick, M r - Knight, Mr- 
Webb, M v - Jones, M r - Upham, M r - Curtiss, M 1 • Howland, M r - Whitcomb, 
M r - Gilbert, M r - Stephens, M r - French. 

Nays. — M r - N. Clark, [Nathan of Bennington,] M r - Lyon, M r - Galusha, 
M r - Comstock, M r - Ormsby, M r - M. Robinson, [Moses of Rupert,] M r - 
Hibbard, M r - Ward, M r - Noyce, M r - Harris, M r - Hale, M r - N. Robinson, 
[Nathaniel of Westminster,] M r - Russell, M r - Wild. 

So it was Resolved in the affirmative. 

For the act above referred to see Slade's State Papers, p. 396. 

1 Parts of Goshen and Chittenden. 



28 Board of War— April 1780. 

Five pages are here left blank in the record, with this memorandum: 

The following pages are left blank for the purpose of recording the 
remainder of the journals of Council at the Westminster Session which 
by some Mistake in the Transfer of the books from M r - Tolman to me 
were not rec d - 

April 7 th 1789. Joseph Fay, Sec* 

The next entry on the record is of June 6, 1780, as of an adjourned 
meeting. It is probable, therefore, that there had been a meeting be- 
tween March 16 and June 6, of which the record has been lost. There 
was a meeting of the Board of War, at which only two members of the 
Council seem to have been present. It is possible that a meeting of the 
Governor and Council had been called, and that the Councillors present, 
though not a quorum, adjourned to the 6th of June. The following are 
the proceedings of the Board of War: 

RECORD OF THE BOARD OF WAR. 

Arlington, April 6 th - 1780. 
Board of War met. Present — Joseph Bradley, Eben r - Allen, Jona- 
than Fassett, Ira Allen, Esquires. 
April 7 th ' 1780. — Board of War met. — Sam 1 Robinson Esq r - joined. 
Resolved that Joseph Bradley Esq r - be Vice President. 
Read a letter from the Inhabitants of the frontiers. 
Adjourned to 2 o'clock. 

Met at time and place, Col. Brownson in the Chair. 
Resolved that this Board accept of the report of their Committee 
Respecting building a fourt at Pitsford, &c. 

Resolved that said fourt be built near the north Line of Pitsford 
where Maj r - Eben r - Allen shall judge Proper; That said fourt be a Piquet 
with proper flankers, with Barracks sufficient for one Hundred and fifty 
men Inclosed; That such fourt be accomplished as soon as may be. 

Resolved that a Picquet fourt with proper flankers be built at Hub- 
bardton near Boardman's Place where Maj r - Eben r - Allen shall pitch; 
that there be Barracks sufficient for seventy-five men Inclosed, to be 
compleated as soon as may be. 

Resolved that one Company of seventy-five men Exclusive of officers 
be immediately raised to joine Maj r - Eben r - Allen for the defence of the 
fronteers. 

Resolved that said men be raised from the several Reg 1 - in the follow- 
ing Proportion, viz.: 

Col - Herrick's Reg 1 - 24 

Col - Allen's Reg 1 - 18 

Col - Warren's Reg 1 - 8 

Col - Fletcher's Reg 1 - 13 

Col - Marsh's Reg 1 - 12 

Total 75 

Resolved that Cap 1 - Isaac Clark Take the command of said Company; 

That Lieut. Benj. Everst [Everest] be first Lieut.; that Rums Branch 

be second Lieut. 
Resolved that said officers and soldiers Continue in service untill the 

first day of January Next unless sooner discharged. 
Resolved that the pay of said officers and soldiers be the [same as the] 

other Part of Maj r - Eben r - Allen's Command. 



Board of War— April 1780. 29 

Resolved that Col - Warren Raise said eight men out of the towns of 
"Wells, Clarendon, Tinmouth, and Wallingford. 

Resolved that the foregoing Resolutions be Recommended to His Ex- 
cellency Tho 8 - Chittenden Esq r - to carry into Execution. 

Resolved that Cap 1 - Jonathan Fassett be and he is Hereby appointed 
Commissary of Purchases with full power to appoint an assistant or as- 
sistants, and you or those you shall Hereafter appoint to assist you are 
fully impowered to purchase any kind of Provision or Camp materials 
for the use of this State's troops and pledge the faith of this State for the 
payment of the same, and to make up for any depretiation of money that 
may be from the time of Purchase to the time such money be paid, and 
you are further impowered to appoint such person or persons as you may 
from time to time find necessarv to forward such Provision to the seve- 
ral necessary Posts in the frontiers, Taking the issuing Commissary's 
Receipts for the same. You will keep regular accounts of your time and 
Expenses and that of your assistants and all the purchases made as 
aforesaid in order to Exhibit to this Board for adjusting and Settlement 
when thereto required. 

Whereas Capt. Jonathan Fassett is this day appointed Purchasing 
Commissary & to transport provision to this State's Troops, and whereas 
the Exigences of this State require that a quantity of Provisions be im- 
mediately Purchased and transported to the several Posts in the fron- 
tiers, and Whereas difficulties may from time to time arise in furnishing 
such supplies: 

Resolved therefore that Cap 4 - Fassett be directed when he shall judge 
the Exigences of the State require it to make application to the sivel 
authority who are desired to issue their warrant to seize any kind of 
Provision & to press a sufficient number of Carrages and Teams to for- 
ward such Provision to Camp, always provided that you leave with Each 
man a sufficient quantity of Provision for the use of such persons famaly 
& Dependance [dependents] untill the fifteenth day of September next. 

Adjourned to 8 o'clock in the morning. 

In Board of War, Arlington, April 8 th 1780. 

Whereas the General Assembly of this State did at their last session 
pass a Law impowering each Town in the State to lay Town Taxes to 
defray public expense, and Whereas the Exigences of this State often 
require the militia to turn out on the shortest notice, and for the due 
encouragement of that Patriotic Spirit they ought to be well rewarded 
for such services — and as the Assembly have not pointed out any way 
that such Extra Troops should be paid — it is therefore proposed that 
each Town by Taxes pay their own men for the time being, that each 
man have three shillings for each day (& officers in proportion to their 
Rank,) and Two pence for a Horse p r - mile as money went in 1774, Each 
person to furnish himself with provitions &c. and the depreciation made 
up when they receive their money, such roles to be examined by the 
select-men of such Town & charged to this State as money went in 1774, 
which will in future be allowed to such Town with the Interest. That all 
such expence since the rising of the last Assembly be paid as aforesaid. 

Resolved that the foregoing be recommended to the several Towns in 
this State. 

Extract from the minute. Ira Allen, Sec**- 

For the act of the Assembly referred to see Slade's State Papers, p. 396. 



30 Board of War— April and May 1780. 

Procedures of the Board of War, April [8] 1780. 

Whereas the present War with Great Britain is likely to be continued 
at least this Campaign and that the Continental Troops will be contin- 
ued to the south of this, By which means there will be no movement to 
divert the Enemy in Canaday, it therefore becomes the indespensible 
duty of this State to make the best preparations in their power for the 
defence of the frontiers. 

You are therefore directed without loss of time to repare to Col - Joel 
Marsh, Col - Peter Olcott, and such other persons as you shall judge 
necessary, and make Enquiry whether there is any Troops provided by 
New Hampshire or any other people for the defence of the frontiers of 
Cumberland County for this Campaign; Secondly whether any men has 
been raised within Col°- Olcott's Reg 1 - to join Cap*- [probably Philip] 
Safford's Company, if so how many and whether the remainder are 
likely to be raised soon. 3 d to demand of Col°- Olcott a Positive answer 
whether he will serve as Colonel ol the fourth Regiment of Militia in 
this State or not. 4 th1 ^ to Enquire how the Militia of Cumberland 
County are supplied with powder, Lead, and flints, and make your re- 
turn to this Board as soon as may be. 

To Reuben Jones, Esq r - 

Debenture of the Board of War, Arlington, April 8 th 1780. 



Hon. Tim? Brownson, present, 


£26 8 





[Received] Tim y Brownson. 






Esq. Joseph Bradley, 


38 8 





Esq. Samuel Robinson, 


36 





Esq. Ira Allen, 


36 12 





Maj. Ebenezer Allen, 


84 


u 


[Received] Eben e - Allen. 






Capt. Jonathan Fassett, 


37 






The above brought into Lawful money. 
Esq. Joseph Bradley, £38 8 £1 4 a 

The above paid by order from Pay-Table. 
Esq. Samuel Robinson, £36 12 6 

Esq. Ira Allen, £36 12 1 2 10 

Capt. Jonathan Fassett, £37 13 1 

Arlington, May 11 th 1780. 

Whereas the Board of War at their session February Last 1 Did Re- 
solve that in case the Continent does not furnish provision for our 
Troops in the frontiers it be recommended to each town to furnish their 
Soldiers with provision, on such towns being acquainted by me that 
such provision will be wanted — and whereas the Continental provision 
is Stoped for the present, and provision of the meat kind is not now to 
be purchased, and as the Enemy are daily Expected on our frontiers and 
the soldiers now raised are almost intirely out of meat, and if they are 
obliged to quit the posts on our Frontiers for want of provision it will 
be attended with consequences that will be very distressing: 

Therefore you are hereby directed to Collect thirty pounds of salt 
pork for Each man raised by your Town or ordered to be raised for the 
defence of said frontiers, and forward the same to the house of Col°- 
Mead at Rutland Immediately, whose receipt you will take for said pork; 
and if the said pork cannot be collected without, you will take the same 
from the inhabitants in proportion to what they have & their families. 

1 There seems to be no record of the vote referred to. 



Board of War— May 1780. 



31 



You will use your utmost discretion in collecting said pork, and as it is 
of absolute necessity, you will not fail to carry this order into Execution, 
for which this shall be your sufficient warrant. You will keep accounts 
of the pork you furnish and the Expense of transportation, for which 
your town will be paid by this State. Tho s - Chittenden, Gov' r - 

The Selectmen of the [town of~\ Sandgate. 

This order was of course addressed to the selectmen of each town. 
Immediately following the order in a blank space on the page, these 
papers are recorded — apparently ibr the purpose of showing how the 
town accounts were presented and finally paid: 

Sangate, March 6 th A. D. 1781. 
We raised our Gate of Pork according to orders and sent it to head 
quarters being sixty weight of Pork. 

this we atest Timothy Hurd 1 „ 7 . 

Reuben Thomas } belect men ' 

Pay-Table Office, 2 d of May, 1781, the Treasurer is directed to pay 
to the Select men of Sangate three pounds for the above pork and Eigh- 
teen shillings for Transportation. 

p r - order, Tho s - Chittenden, ) „ 

John Fassett, \ Comittee. 

Received on the above Twenty six shillings and Eight pence. Re- 
ceived more Twelve shillings. Reuben Thomas. 

5 th of June, 1781, received Two pounds Twelve shillings the remain- 
der of the above order p l - me Reuben Thomas. 

Annexed to the above is the following list of towns with the number 
of men furnished by each: 





No. Meu. 


No 


Men. 




No. Meu. 


Sunderland, 


4 


Rockingham, 


7 


Pomfret, 


3 


Sandgate, . 


2 


Whitingham, 


2 


Cavindish, 


1 


Dorset, 


5 


Townshend, 


3 


Wethersfield, 


3 


Shaftsbury, 


18 


Wilmington, 


4 


Woodstock, 


5 


Bennington, 


24 


New Fane, 


3 


Chester, 


4 


Rupert, 


5 


Londonderry, 


2 


Reading, 


1 


New Stamford, 


2 


Hinsdale, 


4 


Barnard, 


2 


Pownel, 


13 


Brattleborough, 


10 


Andover, 


1 


Arlington, 


7 


Dummerston, 


6 


Hertford, 


5 


Manchester, 


10 


Puttney, 


9 


Springfield, 


4 


Clarendon, 


7 


Hallifax, 


7 


Strafford, 


3 


Poultney, 


4 


Marlborough, 


4 


Ryegate, 


1 


Pittsford, 


1 


Guilford, 


11 


Newberry, 


5 


Rutland, 


8 


Athens, 


1 


Thetford, 


3 


Danby, 


6 


Westminster, 


10 


Fairlee, 


1 


Tinmouth, 


7 


Norwich, 


7 


Moortown, 


3 


Pawlett, 


7 


Royalton, 


1 


Barnet, 


1 


Wells, 


2 


Windsor, 


8 


Corinth, 


2 


Castleton, 


2 


Hartford, 


6 


Sharon, 


2 


Wallingford, 


2 











32 Q-overnor and Council — June 1780. 

RECORD OF THE GOVERNOR AND COUNCIL 

AT AN 

ADJOURNED SESSION AT ARLINGTON, JUNE 1780. 



Arlington, 7 June 1780. 
In Council Wednesday 7 th June 1780. 

Met according to adjournment, & opened according to time & place 
and Adjourned to 9 °Clock Tomorrow. 



Thursday 8 June 1780. 

Met according to Adjournment, and having taken into consideration 
the request of Silas Hamilton & Company, Resolved that the price of 
three thousand acres of Land Granted to them in Whitingham be one 
shilling p r - Acre money made good as in the year 1774, in lieu of two 
shillings which price this Council set in March last. 

Adjourned to 8 °Clock Tomorrow morning. 



Friday 9 June 1780. 

Met according to Adjournment. 

Resolved, that whereas the Continental pay due to the troops who 
served the last season in this State, cannot be obtained of the Continent, 
that the Treasurer of this State be & he is hereby directed to advance 
the Money to Noah Smith Esq r - pay Master, to discharge the Same. 

Adjourned to 8 °Clock Tomorrow. 



[Saturday, 10 June 1780.] 

Met according to Adjournment. 

Resolved that a Committee be appointed to receive the Charter of 
London Dary, [Londonderry^ And to dispose of the Same according to 
the Resolve of" the General Assembly in March last. Members chosen, 
Col - [Samuel] Fletcher, Deacon [Edward] Aikin & Major [Joseph] 
Tyler. 

Adjourned until 8 °Clock Monday next. 1 



Monday 12 June 1780. 

Met according to Adjournment. 

Resolved, that the payment of the Granting fees of the Township of 
Richford and Montgomery be suspended until the 15 th day of August 
next. 



1 B. H. Hall states that on this day, June 10, 1780, Timothy Barthol- 
omew was appointed commissioner for the sale of the confiscated estates 
of enemies in the towns of Norwich, Sharon, Thetford, Stratford, [Straf- 
ford,] Fairlee, and Mooretown [Bradford.] From the copy of an order 
and appointments of this kind in Slade's State Papers, p. 562, it seems 
that commissioners were appointed by the Governor and Council acting 
as a court of confiscation. For this reason, perhaps, the appointment 
of Mr. Bartholomew was not entered on the record of the Governor 
and Council. 



Governor and Council — June 1780. 33 

Kesolved that Joseph Fay Esq r - be and he is hereby appointed & 
requested to procure a printer in this State. 

On petition of John McNeil to this Council in April 1779 requesting a 
pardon from the Sentence of the Court of Commissioners, destining him 
to banishment, the question being put it Passed in the Negative. 

Whereas it has been represented to this Council that the Town of 
Norwich was under many inconveniences respecting the free exercise 
of Civil government for want of a Justice of the Peace in said Town, 
Therefore 

Resolved, that this Council do recommend to such of the Inhabitants 
of Norwich as see fit to Assemble & recommend some suitable person 
to his Excellency Thomas Chittenden Esq r - to be Commissioned to act 
in the office of a Justice of the Peace until the rising of the General 
Assembly in October next. 1 

1 From the Record of the Board of War: 

In Board of War, Arlington, June 12 th > 1780. 

Present — Timothy Brownson, Sam 1 - Fletcher, Joseph Bradley, Sam 1 - 
Robinson, Jonathan Fassett, & Ira Allen. 

1 st - Resolved that Paul Spooner Esq 1 "- be & he is hereby requested to 
call on Doct r - [William] Page of Charles Town [N. H.] and purchase a 
State Store of medison for the use of this State's Troops that may be in 
service. 

2 d - Resolved to raise by inlistment without loss of time one Company 
of men to join Maj r - Eben r - Allen's Command for the deffence of the 
fronteers of this State. That said Company consist of one Cap*-' two 
L*" four Sergt-' four Corporals and fifty two Privates; the Non-commis- 
sioned officers and Privates to have three pounds Bounty; their pay per 
month to be to a Captain Eight pounds, to a L*- five pounds Eight 
shillings, a sergeant two pounds eight shillings, a Corporal two pounds 
four shillings, a private two pounds in Hard money or specia equivalent; 
to continue in service untill the first day of December Next unless 
sooner discharged; their pay to commence six days before they march; 
that each man equip himself with every necessary accoutrement for War 
with half* a pound of powder and lead answerable; and the members of 
this Board do hereby engage to use their influence that said Company 
have one Township of -Land granted them (in Equal shares) towards 
their bounty and wages at the session of Assembly in October next as 
Cheap as any of such quantity shall be then granted. 

3 d - Resolved that this Board do recommend to his Excellency Tho 8 - 
Chittenden Esq 1 "- to appoint and Commissionate officers for the aforesaid 
Company. 

4 th - Resolved that Sam 1 - Robinson Esq r - be requested to Call on Isaac 
Tichenor Esq r - and use his influence to obtain an order for fifty Barrels 
of salt Beef from the Continental Store at Charles Town for the use of 
this State's troops. 

In Board of War, Arlington, June 12 th 1780. 

Sir, — I am directed to transmit to you the foregoing resolutions* and 
to Recommend to your Excellency to carry the same into Execution. 

Ira Allen, Sec'v- 

To His Excellency Tho s - Chittenden, Esq r - 

A Debenture of the Board of War. 

Arlington, June 12 th 1780. 
Present — 
Joseph Bradley Esq. one day's attendance 4 mile travel, £15 4 

[Received] Joseph Bradley. 

* Second and third resolves only. 



34 Governor and Council — July 1780. 



RECORD OF THE GOVERNOR AND COUNCIL 



AT A 



SPECIAL SESSION AT ARLINGTON JULY 4-6 1780. 



At a meeting of the Governor & Council by his Excellency 8 summons 
for that purpose holden at Arlington on the 4 th day of July 1780 — 

Present His Excellency Thomas Chittenden Esq 1 '- & the Honorable 
Members of his Council as follows — 



Moses Robinson, 
Jonas Pay, 
Timothy Brownson, 
Adjourned to 8 °Clock Tomorrow. 



Jeremiah Clark, & 
John Fassett, Ju r - Esq rs - 
Joseph Pay, Esq r - Sec'v- 



Wednesday 5 th July 1780. 

Met according to Adjournment & proceeded to business. 

Whereas it is Represented to this Council that many of the soldiers 
which have inlisted in the service of this State who are [at] the Fortress 
of Pittsford & Castleton, are at this time destitute of Proper Clothing 
for a Campaign— And whereas it is also represented that the Inhabitants 
of the Frontiers, as also other towns in this State, are willing to Let 
them have such Clothing as they want provided it would be approved 
on by this Council and they could be paid — 

It is therefore Recommended by this Council to the Inhabitants of the 
several Towns in this State to furnish their respective soldiers with such 
clothing as soon as they can Conveniently, & Take their orders on the 
Treasurer of this State for the pay to be deducted out of their Wages. 

Adjourned to 8 °Clock Tomorrow. 

Thursday, 6 July 1780. 
Met according to adjournment and after finishing the business of the 
day adjourned Until the 17th Instant, then to meet at this place. 

Attest, Joseph Fay, Sec'v- 

Either there was no meeting on that day, or nothing transpired for 
record. Probably the special meeting of the 13th rendered another on 
the 17th unnecessary. 

Samuel Robinson Esq. one day's attendance 14 mile travel, 23 4 

[Received] Samuel Robinson. 
Jonathan Fassett Esq. one day attendance, 12 

The other members that composed this Board of War were members 
of the Council, and made up in the Debenture of the Council same time. 

Jonathan Fassett Esq. one day attendance, £12 [as above,] 
paid in Hard six shillings. 



Governor and Council — July 1780. 35 

RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT ARLINGTON JULY H3 1780. 



Arlington, 13 th July 1780. 
In Council met according to his Excellency 8 summons for that pur- 
pose. 

Present — His Excellency Governor Chittenden, 
the Hon ble 



Joseph Bowker, 
Tim°- Brownson, 
Jeremiah Clark, 



Ira Allen, 

John Fassett j r - Esqr 8 * 

Joseph Pay, Esq r - Sec'v- 



Resolved that the Powder now to be dealt out to the Troops and Mil- 
itia of this State be sold for Seven shillings Silver money or Seventy dol- 
lars in paper p 1 '- pound & that the Lead be p r - pound, & flints 

p r - Doz. 

Resolved the Hon ble Ira Allen Esq 1 "- be & he is hereby appointed to 
proceed to Philadelphia to deliver a letter from Governor Chittenden of 
this day's date 1 to Samuel Huntington Esq 1 ' President of Congress, con- 
taining an Answer to the President's Letter to Gov 1 '- Chittenden of the 
10 th of June last, containing several acts of Congress of the 2 d and 9 th of 
June last. 



1 See Appendix G for the action of Congress, the letter of Gov. Chit- 
tenden, and other papers on this subject. The letter as sent was dated 
July 25th instead of the 13th. 

From the Record of the Board of War, July 14 1780: 

In Board of War, Arlington, July 14 th 1780. 

Whereas it has been represented to this Board that Twenty thousand 
Brick are wanted to build chimneys in the Barracks in the fourt on the 
North Line of Pitsford : Therefore resolved that this Board do Hereby 
Recommend to Maj r - Eben r - Allen to furnish five fatigue men that are 
Experienced in that business if any there be to assist the Barrack mas- 
ter in making said brick, who shall be allowed one shilling Each in hard 
money or an Equivilant for Each day in addition to their pay. 

Resolved that the Comedant of said fourt be allowed to keep one 
horse and one Cow in the State's pasture and the Barrack master see that 
there be no other cattle of any kind kept on the State's cost. 

Resolved that there be no more barracks built in said fourt on the 
State's cost for the time being. 

Whereas this Board did order three companies of Rangers be raised 
for the defence of the frontiers of this State and that Cap*- Parmerly 
Allen* be first Cap 1 - Wm. Hutchins be second and Cap*- Jesse Safford 
be third Captain, & Whereas Cap*- Jesse Sawyer has since been ap- 

*Capt. Parmalee Allen was connected by blood with the famous Ethan, Ira, and their rela- 
tives. Timothy Allen of Woodbury, Conn., was the father of Parmalee and cousin of Gen. Ethan 
Allen. Parmalee Allen came to Pawlet with his father in 1768, and was town clerk in 1770. He 
served with credit in Herrick's regiment of Rangers previous to the date of his appointment to 
command one of the three companies above mentioned.— See Hollister's History of Pawlet. 



Governor and Council — July 1780. 
RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT BENNINGTON JULY 24-5 1780. 



Bennington July 24 th 1780. 
At a meeting of the Governor & Council by his Excellency 8 order for 
that purpose in the Council Chamber Bennington date above — Present 
his Excellency Gov. Chittenden & the following members of the Hon ble 
Council viz*: 



Ira Allen, and 

John Fassett Ju r - Esq 1-3 - 

Joseph Fay, Esq 1 *- Setfv- 



Hon. Moses Robinson, 

Jonas Fay, 

Tim°- Brownson, 

Jeremiah Clark, 

Having opened the business to the Council and proceeded in debates 
relative to the Tories under Sentence of Banishment, agreed to Adjourn 
until Tomorrow Morning 7 °Clock. 



Tuesday, 25 th July 1780. 

Met according to Adjournment & proceeded to the case of James 
Breakenridge who is under Sentence of Banishment. The question 
being put wheather the Sentence of Banishment be suspended for a 
Limited time it passed in the affirmative — That the Execution of said 
sentence be postponed during the pleasure of Council. 

A Proclamation by his Excellency the Governor was read offering a 
free passport to all Tories who choose to join the Enemies of this & 
the United States of America, which was referred to a Committee to 
prepare and Lay before the Governor for his approbation. Members 
chosen Jonas Fay & Moses Robinson Esquires. 

Jos. Fay, Sec'y- 

pointed to command another Company in said detachment, who has 
heretofore ranked by Commission before Cap 1 - Hutchins and Cap*- Saf- 
ford, Therefore resolved that Cap 1 - Jesse Sawyer take rank according to 
his former commission. 

Whereas the General Assembly did at their session in March last ap- 
point Lieut. Enoch Hall to raise by enlistment Twelve men Every way 
Equiped for the Campaign to serve as Rangers for the defence of Guild- 
hall and the ajoint towns, and Whereas it hath been represented that 
said number of men are not sufficient to answer that purpose, Therefore 
resolved That Lieut. Hall be and he is hereby directed to raise by inlist- 
ment six able bodied effective men every way Equiped for a Campaign in 
addition to those heretofore ordered to be raised and to continue in service 
untill the aforesaid men's Times are out or the whole discharged. Their 
pay to commence two days before they march, and to have the same pay 
as the other part of s d Company. 

Sir, — I am directed to recommend to your Excellency to carry the 
foregoing Resolution into execution. 

Extract from the minutes, Ira Allen, Sec'v- 

To His Excellency Thomas Chittenden, Esq r - 



Board of War— August 1780. 37 

Resolved that the sentence of Banishment passed on Benjamin Cole 
by the Court of Commissioners be & is hereby suspended during the 
pleasure of Council. 

Adjourned^without day. Jos. Fay, #ecV 

On the record the above resolution follows the adjournment from July 
6th to the 17th and immediately precedes the record of Aug. loth which 
precedes that of July 24th and 25th. The resolution is presumed to 
belong to the record ;of the 25th. 1 

1 From the Record of the Board of War: 

Sunderland, August 7 th 1780. 
The following members of the Board of War met, (viz.) Timothy 
Brownson, Joseph Bowker, Joseph Bradley, Ira Allen, Esquires. 

Resolved to raise by a draft on the militia sixty able bodied Non-com- 
missioned officers and soldiers, Every man Equiped, to join Maj r - Eben r - 
Allen's detachment of Rangers; that they be drafted from the several 
Reg'- in the following Proportions, (viz.) 

Col - Samuel Herrick's Regiment, 24 men. 

Col - Ira Allen's Reg 1 - 21 men. 

Col - Eben 1 - Allen's Reg*- 15 men. 

Resolved that said men be commanded by one Capt., one Lt, & one 

Ensign. The Captain to be drafted from Col°- Sam 1 Herrick's Reg*-- 

that the Lieu*- be drafted from Ira Allen's Reg 4 - and the Ensign from 

Col°- Eben r - Allen's Reg*- 

Resolved that the officers and soldiers in said company Receive for 
pay the same sum of money Per month in Hard money or an Equiva- 
lent as the Board of War have resolved to give the other part of said 
detachment, their pay to commence three days before they march. To 
Continue in Service two months from the time they march unless sooner 
discharged. 

Resolved that the surgeon of said detachment be allowed pasturing 
for a Horse and Reasonable pay for the use of a Horse during the time 
he remains in this State's service. 

Resolved to recommend to his Excellency Tho s - Chittenden Esq r - to 
carry the foregoing Resolutions into Execution. 

Sunderland, Aug. 7 th 1780. 
A Debenture of the Board of War. 
Timothy Brownson Esq. 1 da^ 
Joseph Bowker Esq. 1 day, 

travil 35 miles, 
Ira Allen Esq. 1 day, 
Joseph Bradley Esq. 1 day, 
Samuel Robinson Esq. 1 day, 
travil 18 miles, 

In Board of War, Arlington, August 21 st 1780. 
Whereas it has been represented to this board by Col°- Woods [prob- 
ably Col. Ebenezer Wood] that the Enemy have taken several Prisoners 
from Barnard,* &c, In consequence of which a number of the militia 
officers & other principal gentlemen in the third and fourth Regiment 
of Militia assembled and agreed to raise fourty Volunteers to be Com- 

* On the 9th of August 1780 a party of twenty-one Indians visted Barnard and captured Thomas 
M. "Wright, Prince Haskell, ana John Newton and carried them to Canada. Newton and Wright 
escaped in the spring of 1781, and Haskell was exchanged in the autumn of that year. They 
suffered many hardships, but on returning resumed their farms and lived upon them many years. 
—See article Barnard in Z. Thompson's Vermont. 



attt 


mdance, 


£12 








12 

28 


0) 

o o; 


40 












12 












12 








12 
14 


07 

8 o; 


26 


8 






38 Governor and Couneil — August 1780. 

RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT BENNINGTON AUGUST 18 1780. 



Bennington, 18 August 1780. 

Resolved that the agreement relative to a printer, between Stephen 
R. Bradley Esq r - in behalf of the State of Vermont & M r - Timothy 
Green printer at New London, (Conn.,) be & hereby is Ratified on Con- 
dition ihat M r - Green send his son to print for this State in Leu of M r - 
Spooner. 

Resolved that M r - Ezra Stiles be and he is hereby appointed and im- 
powered to repair as soon as may be to New London to inform M 1 - 
Green of the Ratification [of the agreement] made between Stephen R. 

manded by Cap 1 - Cox & a Lieu*- for the defence of the frontiers in that 
vicinity: Resolved therefore on said officers and soldiers joining Maj r - 
Eben r - Allen's detachment of Rangers that they are entitled to the same 
pay & rations as the other part of said detachment, such pay to com- 
mence Two days before they marched and to continue untill the first of 
December next unless sooner discharged. 

Resolved that Col°- J. Marsh, Col - J. Safford, Maj. B. Wait, Cap 4 - 
Sever, Cap*- J. [probably Jesse] Safford, & Cap*- [Benjamin] Cox be a 
Committee to station Cap 1 - Safford's & Capt. Cox's Companies of Ran- 
gers. That they stake out the ground for fourts and give directions 
how said fourts and covering shall be built. That said building be 
erected in the cheapest manner having refferance to the Present Cam- 
paign only, as the lands that the several surveyors are now surveying to 
the W. & North of you will be a settling next spring, which will make it 
necessary that a line of fourts should be erected further back. 

Resolved that Maj. B. Wait furnish the necessary Implements for 
building fourts for Cap*- Safford's and Cap*- Coxes Companies and the 
necessary Camp Equipage for the same. 

Resolved that the Commissary of Issues at Every Post where cattle are 
killed for the use of the army take the charge of the Hides and Tallow 
to see that the former are properly dried and that the latter is properly 
rendered and that both are disposed of as his Excellency the Governor 
shall direct from time to time. 

Arlington, Aug. 21 st 1780. 
A Debenture for the Board of War. 
Col. Tim°- Brownson 1 days attendance, £12 
Travil 4 miles, 3 4 



Joseph Bradley Esq. 1 day, 

Travil 4 miles, 
Ira Allen Esq. 1 day, 

Travil 4 miles, 
Maj. Benj. Wait 2 days, 

Travil 76 miles, 
Samuel Robinson 1 day, 

Travil 14 miles, 





15 4 





12 0) 
3 4 o; 


15 4 





12 0? 
3 4 OS 


15 4 





24 0) 
60 16 J 


84 16 





12 07 
11 1 OC 


23 1 






Governor and Council — September 1780. 39 

Bradley Esq r - & M r - Green aforesaid, & Facilitate as much as possible 
the moving of the Types and other apparatus for the purpose of Print- 
ing agreeable to said agreement. 

Resolved that Stephen R. Bradley Esq r - be & he is hereby requested 
as agent to this State to repair to Philadelphia in Company with Col°- 
Ira Allen to Transact the Political affairs of this State & Report to this 
Council. 



Letter of Gov. Chittenden on the Proclamation authorized July 25 1780. 

Arlington, 23 d Sept. 1780. 

Gentlemen — Your petition supposed to be yesterday's date has been 
this day rec d by the hand of William Lincham & I have laid the same 
before the members of Council, which at present are not sufficient in 
number for a quorum. They are of opinion with me to inform you, that 
it would be an advantage to the Common Cause of Liberty, as well as 
for the Interest of this State, to permit sueh persons as choose to show 
themselves to be on the Enemy s side, to repair to them from amongst 
us agreeable to the proclamation, so that the mouths of all such as might 
in future appear and exhibit a disposition unfriendly to the Common 
cause might be stoped. Nine adult persons only have as yet made 
application for such permit and it is probable that no other will apply as 
the time is so far Expired that there is not sufficient time Left for them 
to make suitable preparation for their journey. 

I must consider the Proclamation as a Legal act of the authority of 
this State, and that it would be an Illegal act of the authority to Engage 
by such proclamation safe conduct within the Enemies Lines & thereby 
afford an opportunity, or rather Lay a Trap or Snare for those disposed 
to go to Canada to discover their disposition and then take advantage of 
the discovery of such disposition, which was made on the faith and full 
confidence of the authority of the State, to punish them therefor. 

I cannot conceive that any number of persons who have made them- 
selves duly acquainted with the Nature of the act and the obligation the 
State is under to fulfil it, (Even admitting some may be of opinion that 
the act is Impolitic,) can reconcile it to their consciences for us thus to 
trifle with the Honor of the State. I should be happy in this to satisfy 
every individual Signer to the Petition in every particular of this affair, 
but it would be too Lengthy. I hope therefore that Col°- Robinson & 
others will fully make you Easy on this Subject. 

I am Gentlemen your most Obedient 
Hum ble Servant, 

Thomas Chittenden. 

True [copy] delivered in answer to the petition of a number of disaf- 
fected persons who wished to remove within the Enemies Lines on the 
aforesaid Proclamation. Attest, Jos. Fay, Secy- l 

1 The proclamation to which this letter refers and which was authorized 
by the Council on the 25th of July, has not been preserved. Its purport 
seems to have been to give a limited time within which tories might 
leave the state and join the enemy; their room probably being deemed 
better than their company. 



THE FOURTH COUNCIL 

OCTOBER 1780 TO OCTOBER 1781. 



Thomas Chittenden, Williston, Governor. 
Benjamin Carpenter, Guilford, Lieutenant Governor. 
Councillors : 



Joseph Bowker, Rutland, 
Moses Robinson, Bennington, 
Jonas Fay, Bennington, 
Timothy Brownson, Sunderland, 
Paul Spooner, Hartland, 
Jeremiah Clark, Shaftsbury, 



Benjamin Emmons, Woodstock, 
Ira Allen, Colchester, 
John Fassett, jr., Arlington, 
John Throop, Pomfret, 
Samuel Fletcher, Townshend, 
Thomas Chandler, jr., Chester. 



Joseph Fay, Secretary. 
Thomas Tolman, Deputy Secretary from Feb. 8 1781. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION OF THE GENERAL ASSEMBLY AT BENNINGTON, 
October and November 1780. 



At a General Election of the Governor and Council for the State of 
Vermont, Holden at Bennington the 12 th day of October 1780, 

Present — His Excellency Thomas Chittenden Esq r - Gov r - 
His Honor Benjamin Carpenter Esq r - U" Gov 1 *- 
And the following Members of the Hon ble Council viz*- 



Paul Spooner, 
Ira Allen, 
John Fassett, [jr.] 
Samuel Fletcher, 
John Throop Esq rs - 
Jonas Fay, John Fassett, Joseph 
Bowker, Paul Spooner, & Moses Robinson Esq rs - be & they are hereby 
appointed a Committee to join a Committee from the House to receive, 



Hon blc Moses Robinson Esq 1 
Jonas Fay, 
Joseph Bowker, 
Timothy Brownson 
Jeremiah Clark, 
Resolved that Jeremiah Clark, 



Governor and Council — October 1780. 41 

sort & count the Votes of the Freemen, and to declare those who are 
appointed to the several offices of Governor, Depy- Governor, Council- 
lors, and Treasurer for the year ensuing. 

The aforesaid Committee having attended on the business of their 
appointment & made their report, it appears that the following Gen- 
tlemen were duly Elected viz*- 

His Excellency Thomas Chittenden Esq r - Governor; His Honor Ben- 
jamin Carpenter Esq r - L L Governor; Hon ble Ira Allen, Benjamin Em- 
mons, Samuel Fletcher, John Throop, John Fassett Jun r » Thomas 
Chandler, [jr.,] Joseph Bowker, Jonas Fay, Timothy Brownson, Paul 
Spooner, Moses Robinson, Jeremiah Clark Esq r ' Councillors. 

Adjourned until Tomorrow 8 oClock. 1 



Friday, 13th October 1780. 

Met according to Adjournment. 

Resolved that Captain Giles Wolcott be & he is hereby appointed a 
Commissary to purchase or procure & forward on provision to the Mili- 
tia who are Collected & Collecting in this present Alarm. 

Adjourned to 2 °Clock P. M. 

Met according to adjournment. 

Resolved that the Hon ble Jonas Fay Esq 1 *- be & he is hereby appointed 
Sec'y P. Tem, in the Absence of Joseph Fay Esq r - 

To Capt. Giles Wolcott: 

You are hereby appointed purchasing Commissary for the time 
being to purchase provisions of every kind, & to Transport the Same to 
such place or places as may be Necessary to supply the Militia in the 
present Alarm. 

And you are hereby impowered to pledge the faith of this State for 
the payment of all such Contracts & in case of Necessity you are further 
hereby impowered to seize such provision as may [be] Necessary & to 
Empress Teames, Horses & Carriages to forward such provisitions [pro- 
visions] to the Support of the Militia that may be in Service. You will 
keep regular accounts in your proceedings in order for settlement. 
By order of Council, 

Thomas Chittenden, Gov- 

A similar appointment to the Above Issued to Capt. Samuel Billing 
[Billings, of Bennington,] as Assistant to Captain Wolcott. 
Adjourned until 8 °Clock Tomorrow. 2 

1 From the Assembly Journal, Oct. 12 1780: 

The Governor and Council joined the Assembly in attending Divine 
worship, which was performed by the Rev'd M r - David Avery. 

2 From the Assembly Journal, Oct. 13 1780: 

His Excellency the Governor requested the house verbally to accept 
his resignation of the office of Governor; but after repeated requests of 
a number of the members of Council and Assembly that he would with- 
draw his motion for resigning, he agreed to take upon him that office 
and accordingly took the necessary oaths to qualify him for the office of 
Governor the ensuing year. 

The hon ble Benj a - Carpenter Esq r - took the necessary oaths to qualify 
him for the office of Deputy Governor, 



42 Governor and Council — October 1780. 

Bennington 14 Oct. 1780. 

Council met according to Adjournment. 

"Whereas it has been represented to this Couneil that there is a writing 
office [printing-office] in the Town of Westminster within this State the 

former property of Pale 1 formerly an Inhabitant of that place, 

who has gone over to and Joined the Enemies of this and the United 
States of America, 

"Whereupon Eesolved that Ezra Stiles Esq r - be & he is hereby author- 
ized and empowered to Seize the same & Take it into possession for the 
use of this State & to retain the same until cause can be shown (by such 
as lay claim thereto) why it should not be adjudged forfeit & Confiscated 
to the use of this State. 

By order of the Governor & Council, 

Jonas Fay, Secy- P. Tern. 

At the request of the General Assembly, choose M r - Bowker & M r - 
Troop, a Committee to join a Committee from the house to take into 
consideration the petition of Honah Bradley & report. 2 

Adjourned to 10 °Clock Monday next. 8 

1 Possibly this is Gale. Samuel Gale was a loyalist and a prominent 
man in Cumberland county till the occurrence of the Westminster mas- 
sacre. Though probably he was not a printer, he aspired to authorship 
and may have purchased printing materials. At the above date he was 
in the civil service of the Province of Quebec. No printer named Pale 
is mentioned in Thomas's History of Printing. 

3 Hannah Beardsley, as appears from the Assembly Journal. 

8 From the Assembly Journal, Oct. 14 1780: 

The Governor laid before the house a Letter signed Sam 1 - Hunting- 
ton, President of Congress, enclosing Acts of Congress of the 9 th and 11 th 
[ 2d and 9th ] of June last — and a letter under his signature to the 
President of Congress dated 25 th July 1780 — And desired Col°- Ira Allen 
to relate to the House his appointment, instructions and proceedings to 
Congress, &c, which he did in the following manner, viz.: 

First. — A Commission appointing himself and Stephen R. Bradley 
Commissioners to wait on the Congress of the United States, &c, signed 
by Thomas Chittenden Esq r - &c, and attested by Joseph Fay, Esq 1- - 
Secretary &c. 

2diy — a letter signed Ira Allen and Stephen R. Bradley, directed to 
the President of Congress, acquainting him of their Commission, &c, 
dated at Philadelphia Sept*'- 12 th 1780. 

3diy — a paper signed by Ira Allen and Stephen R. Bradley Esqr s - re- 
questing to be admited personally in Congress when they should take 
the disputes &c. respecting Vermont into consideration — dated Philadel- 
phia Sept'- 13th 178a 

4 th — A paper signed Charles Thompson Secy- notifying that Congress 
would take the aforesaid dispute into consideration and that the said 
Commissioners attend &c. 

5th — a Remonstrance signed by Ira Allen and Stephen R. Bradley 
Esquires, directed to Congress, dated Sept r - 22 d 1780. 

gth — ^ letter signed by Ira Allen and Stephen R. Bradley Esquires, 
directed to the President of Congress — dated Oct r - 2 d 1780. 

The aforesaid papers were read; and an explanation and verbal ac- 
count of the proceedings of said Commissioners was made by Col°- Al- 
len. — See Appendix (?., post. 



Governor and Council — October 1780. 43 

Bennington, In Council, Monday 16 October 1780. 

Met according to Adjournment. 

Resolved that a Committee of Two be appointed to join a Committee 
from the House to make out an Estimate of the Necessary Expense 
probable to be Incured the year ensuing. Members chose, M r - Bowker 
& M^ Allen. 

Adjourned to 8 °Clock Tomorrow Morning. 



Bennington 17 October 1780. 
In Council date above- 
Met according to adjournment. 
A bill from the House was read requesting a Committee from the 

Council to join a Committee of nine from the House to take into 

consideration the Lands ungranted & the several petitions therefor and 

Report their opinion what Lands ought to be Granted and what persons 

will be most conducive to the welfare of the State to have such Grants. 
Resolved that a Committee of Four be chosen to join the above 

Committee. Members chosen M r - Allen, M 1 '- Fassett, M r - Fay & M r - 

Spooner. 
A bill from the House requesting a Committee from the Council to 

join a Committee of 7 to prepare for quieting the Ancient Settlers. 
Resolved that a Committee of two to join the above Committee be 

appointed. Members chosen M r - Brownson & M r - Bowker. 
Thomas Chandler [jr.] Esq 1 "- who had heretofore presided as Speaker 

of the House of Assembly appeared before His Excellency & took the 

Necessary oaths to entitle him to a seat in Council. 

The following message from the Governor and Council was read, viz. : 

In Council, Oct r - 14 th 1780. 

This Council have had so much business in forwarding assistance to 
the frontiers that they have not had time sufficient to arrange the whole 
of the business that will likely be laid before you this session; shall 
therefore at this time lay before you the following for your present con- 
sideration, viz: 

1st. The ways and means of supplying the treasury and securing the 
frontiers. [This was met by the House on the same day by the appoint- 
ment of committees on petitions for land grants, and on the situation of 
the frontiers;* and on the 16th by a committee on finances.] 

2 d — The procuring provisions and ammunition for the year ensuing. 

3 d — The taking some effectual measures for securing such lands as 
heretofore have been and hereafter may be confiscated to the use of this 
State. [Oct. 16 the House appointed a committee on this subject.] 

4th. The making such resolves concerning the unsettled rights of 
lands which have been heretofore granted as will appear just and 
reasonable and be a means of bringing forward the settlement of the 
unsettled towns within the lines; 

And any other matters as they shall occur shall from time to time be 
laid before you for your consideration. 

By order of Council, Tho s - Chittenden, Gov r - 

Resolved that the Members constituting the Board of War as appointed 
the last Session be and they are hereby impowered to do the business of 
said board until another board of War be chosen. 

* Oct. 16th the committee on the frontiers reported about one hundred and fifty men in the gar- 
risons at Pittsford and Castleton, and about eighty east of the mountains; and that four hundred 
men ought to be raised immediately, of whom three hundred and fifty should be assigned to the 
garrisons at Pittsford and Castleton. 



44 Governor" and Council — October 1780. 

The Governor & Council joined the House in a Committee of both 
houses for the purpose of appointing a Board of War. 1 
Adjourned to 8 °Clock Tomorrow Morning. 



Wednesday 18 th October 1780. 

Met according to adjournment & proceeded to the necessary business 
of the da}'. 

The Honorable Moses Robinson Esq r - appeared before his Excellency 
& took the Necessary Oaths to qualify him to take his seat in Council. 

Adjourned to 8 °Clock Tomorrow. 8 



Thursday, 19 th October 1780. 

Met according to adjournment. 

Resolved that Josph Fay Esq r - be & he is hereby appointed Secretary 
to the Governor and Council for this State for the year ensuing, also 
took his seat & the necessary oath of office for Secretary of State. 

Resolved that Jeremiah Clark Esq r - be a Committee to join a Com- 
mittee from the House to prepare a bill for building a Bridge in Pitts- 
ford over a Certain river in s d Town. 

Adjourned to 8 °Clock Tomorrow. 



Bennington 20 October 1780. 

Friday In Council date above. 

Resolved that Captain Joseph Farnsworth be & he is hereby appointed 
Commissary of Purchases to act in Conjunction with Maj r - Samuel 
Billing as specified in a Warrant given him for that purpose. 

Resolved that Edward Harriss Esq 1 *-' who was empowered to Sell a 
Farm in Wilmington as by a Resolve of Council of the 27 Oct. 1779, be 
directed to Sell the same to Captain Josiah Lock, for one hundred and 
Twenty seven pounds to be made Good as in the month of April 1777; 
& to receive Rect s - for the Settlement with the Creditors for such Debts 
as are found to be justly due from Phinehas Fairbank Late of s d Wil- 

1 The persons elected were Timo. Brownson, Ira Allen, Samuel Rob- 
inson, Joseph Bowker, Stephen Pearl, John Fassett jr., Benj a - Wait, 
Samuel Fletcher and Thomas Murdock — six of the nine being members 
of the Council. Col. Stephen Pearl was at this time a resident of 
Pawlet. He had been major previous to coming to Vermont, and was 
thus prepared for the duties of the office to which he was elected as 
above. In Nov. 1786 he commanded the Rutland county militia who 
put down the insurrection at that time. Shortly afterward he removed 
to South Hero, and from thence to Burlington, of which town he was a 
very popular citizen, being employed in various town and county offices. 
— See Hollister's History of Pawlet; Vt. Hist. Magazine, Vols. I and n; 
and Deming's Catalogue. 

* From the Assembly Journal, Oct. 18 1780: 

Resolved that a Committee of five to join a Committee from the 
Council be appointed to prepare instructions for the board of War. 
Members chosen, M r - [Matthew] Lyon, M r - [William] Williams, M r - 
[Abner] Seelye, M^ [Eos well] Post, and M r - [William] Fitch. Mr 
A. [Amos] Robinson is appointed in the room of M r - Lyon. 



Governor and Council — October 1T80. 45 

mington (who has joined the Enemies of this & the united states of 
America) in payment, & the surplus Paye to be paid to the Treasurer 
of this State. 
Adjourned to 8 °Clock Tomorrow. 1 



Saturday, In Council, 21* October 1780. » 

Met according to Adjournment. 

The Governor and Council to whom was referred the Stating the 
fees for the Grant of Land made this day by the General Assembly of 
this State, having had the same under their consideration have stated the 
fees aforesaid at Four hundred and Eighty pounds for the said Land being 
one Township by the Name of Montpelier, in hard money or an equiva- 
lent in Continental Currency, to be paid by Col°- Timothy Bigelow 2 or 
his attorney, on the Execution of the Charter of Incorporation, on or 
before the 20 day of January next. 

£480. Attest, Joseph Fay, Sect/- 3 

^rom the Assembly Journal, Oct. 20 1780: 

Sundry letters from Gen 1 - [Ethan] Allen to Gov r - Chittenden, dated 
at Head Quarters Castleton, Oct r - 18 th and 19 th were read. 

2 It is a remarkable fact, that the first, in a long series of land grants 
made for the special purpose of raising funds to be expended for the de- 
fense of the State at the most critical period of its history, should be of 
the township which afterward became its capital. Col. Timothy Big- 
elow was born in Worcester, Mass., Aug. 12 1739, and died there 
March 13 1790. He was a blacksmith, a leading patriot, and member of 
the Provincial Congress in 1774-5 ; marched at the head of a company 
of minute-men to Cambridge on hearing of the battle of Lexington; 
and was a major in Ward's Worcester regiment May 23 1775. In that 
capacity he went with Arnold on the celebrated march to Quebec, and as- 
cended that mountain in Maine (to gain sight of the desired land,) which 
from the perilous adventure was named Mount Bigelow. He was cap- 
tured in the attack on Quebec, and remained a prisoner until the sum- 
mer of 1776. Feb. 8 1777, he was made colonel of the 15th Massachu- 
setts regiment, at the head of which he assisted in the capture of Bur- 
goyne. He served also in Rhode Island, at Yalley Forge, and at West 
Point. After the war he had charge of the arsenal at Springfield, 
Mass. His son Timothy, a graduate of Harvard University in 1786, was 
one of the most eminent of the lawyers and legislators of Massachusetts 
in his day, whose daughter Katharine married the late Hon. Abbott 
Lawrence, M. C. for Massachusetts 1835-7 and 1839-41, commissioner 
to settle the north-eastern boundary question with Great Britain in 1842, 
and minister to England in 1849-1852. — See observations on the land 
grants of 1780, post. 

3 From the Assembly Journal : 

Oct. 21 1780. — Resolved that this Assembly do approve and confirm 
the Resolution of Council desiring General Fellows [John, of Sheffield, 
Mass.,] to raise two Companies of Volunteers from his Brigade in Berk- 



46 Governor and Council — October 1780. 

Blank pages are left in the record between Oct. 21 and 28, and the 
following explanation is entered: 

These pages Left Blank for the purpose of Recording some of the 
journals which appear to be Missing, which I have not rec d in the Trans- 
fer of the Books from Mr. [Thomas] Tolman, late Sec^- or otherwise. 
The recess from the 21 st to the 28 th was during the Adjournment of Coun- 
cil"& Assembly on ace* of the Alarm of the aproach of the Enemy from 
Canada, which is not here specified. 

Ap 1 9 1789. Joseph Fay, 8e&- 

The recess of the Assembly was not from the 21st to the 28th, but 
from the 26th to the 30th. The Council was in session on the 28th, when 
the Assembly was not, and the Council records lost seem to be from 
Monday Oct. 23 to Saturday the 28th. 



Bennington, 28 th October 1780. 

Saturday, In Council, date above. 

Met according to Adjournment. 

Resolved that those 'Gentlemen who have heretofore Attended Con- 
shire County for the defence of the northern frontiers of this State. 
[This resolution does not appear in the record of the Governor and 
Council.] 

Oct. 23.— Sundry letters from Gen 1 - [Ethan] Allen to Gov r - Chitten- 
den, dated Head Quarters Castleton 22 d Oct r - 1780, were read. 

Oct. 24. — The Committee appointed to take into consideration the un- 
granted lands and the several petitions filed in the Secretary's office sent 
the following request to the House, viz: 

" Your Committee having made considerable advancement in the busi- 
ness of their appointment have found it necessary to take the sense of 
the Committee [ot the whole perhaps, including Governor and Council,] 
in what manner the several locations made by virtue of the Authority of 
New York since the King's prohibition shall be considered, who are 
unanimously of the opinion that they ought not to be considered as a 
sufficient bar against granting the same to other respectable worthy pe- 
titioners; they therefore wish to know the sense of the Assembly on 
this subject that they may govern their future conduct in the premises 
accordingly. 

" by order of Com ttee > Paul Spooner, Ch man -" 

Which Request was read and thereupon 

Resolved Unanimously that the several locations made by virtue of 
the authority of New York since the King's prohibition be and is hereby 
considered not a sufficient bar against granting the same to respectable 
and worthy petitioners. 

Oct. 26. — Sundry letters from Gen 1 - Allen, Col°- Herrick and Capt. 
Sawyer were read, giving an account of the Enemy's approaching tow- 
ard our frontiers, Therefore 

Resolved, as the present alarm requires the assistance of a large num- 
ber of the members for the purpose of joining the army or taking care 
of their families which are in immediate danger, that this Assembly be 
adjourned until Monday next— and that the several members who stay 
at this place are hereby appointed a Committee to join a Committee 
from the Council when necessary to prepare business to lay before the 
House at their opening, and all matters that are referred for a hearing 
this week are referred until the opening of the Assembly. 



Governor and Council — October 1780. 47 

:ress on behalf of this State be Allowed five shillings hard money for 
Cach day Expended in Service exclusive of horse and Expenses. 

The remaining part of the day being spent in preparing bills, 

Adjourned to 10 °Clock Monday next. 



Monday, In Council, 30 th October 1780. 

Met according to Adjournment. 

The members of Council sufficient for a quorum not being present, 
spent the day in preparing bills to Lay before the General Assembly to 
be passed into Laws. 

Adjourned to 8 °Clock Tomorrow. 



Tuesday 31* October 1780. 
Met according to Adjourn*- & rec d the following request from the 
General Assembly viz*: 

In General Assembly, Oct. 31 st 1780. 
Kesolved that the Capt. General be & he is hereby requested to dis- 
charge the Volunteers raised for the defence of the frontiers. 1 

Extract from the journals, R. Hopkins, Clerk. 

The following Resolve received from the House viz*: 
Resolved that this Assembly do approve of the Cap*- Gen 1 - and Com- 
mander in chief's making proposals to his Excellency Gov r - Haldimand 
for settling a Cartel for exchange of Prisoners, and further advise and 
recommend to him to appoint and impower some suituable person or 
persons to further negociate the settlement of a Cartel with Maj r - Carle- 
ton agreeable to Gen 1 - Haldimand's proposals for that purpose. 

Extract from the Minutes, Ros L - Hopkins, Clerk. 

True copy Recorded, Joseph Fay, Secv- 

These resolutions were preceded on the Assembly Journal by the fol- 
lowing entries of the date of Oct. 31 1780: 

Several Letters were laid before the Assembly by the Governor, par- 
ticularly one from Gen 1 - Haldimand of Canada, dated at Quebec Oct r « 
22 d 1780, directed to Gov r - Chittenden: one from Maj r - Chs. Carleton 
commanding a party of the British, &c, dated at Crown Point Oct r - 26 th 
1780, directed to Gen 1 - Allen, both of which contained proposals to set- 
tle a Cartel for exchanging prisoners; likewise a copy of a letter from 
Gen 1 - Allen, directed to Col°- Webster [of New York,] dated Castleton, 
29 th Oct r - 1780; a copy of a letter from Gen 1 - Allen to Maj r [Ebenezer] 
Allen, and a copy of a letter from Gen 1 - Allen to Maj r - Carleton, were 
read. 

Likewise the Governor informed the House that he had wrote to 
Gen 1 - Haldimand by advice of his Council making proposals to exchange 
prisoners, which occasioned the letters from Gen 1 - Haldimand & Maj r « 

1 This should have followed the next entry on the record of the Coun- 
cil, as the discharge of the volunteers was made in consequence of the 
agreement between Gen. Ethan Allen for Vermont and Maj. Carleton 
for Gen. Haldimand, in pursuance of which the British force was with- 
drawn to Canada. 



48 Governor and Council — October 1780. 

Carleton, &c— Whereupon Eesolved, &c. [then followed the resolutions 
entered on the Council record of Oct. 31.] 1 

1 The letters referred to, with these proceedings of the General As- 
sembly, were the official initiation of what is known as " The Haldi- 
mand correspondence," between the commissioners of Vermont on the 
one hand and the Governor General of Canada and his agents on the 
other. The letters read to the Assembly, as entered above, that to Maj. 
Ebenezer Allen excepted, were as follows: 

General Haldimand to Governor Chittenden, — Abstract. 

Quebec, October 22 1780. 
"If you will send a proper person with full power to Major Carleton 
at Crown Point, or St. Johns, to confer upon this business, I shall 
authorize the major to receive him;" but expressed an unwillingness to 
comply with the request [of Governor Chittenden for an exchange of 
prisoners] under the circumstances. 

This abstract is probably inaccurate. Gen. Haldimand was not then 
ready for an exchange of prisoners, but desired a discussion of the sub- 
ject. 

Major Carleton to General Ethan Allen. 

Crown Point, October 26 1780. 

Sir: — By the bearer, Capt. Sherwood, I received General Haldimand's 
letter to Governor Chittenden, on the subject of an exchange of pris- 
oners. 1 have authorized Captain Sherwood to treat with the Governor 
and you on the subject; though could I meet with you, or him, or both, 
perhaps the business would be sooner concluded, as, should any difficulty 
arise between Captain Sherwood and you, my instructions are so ample 
that I flatter myself that I could remove them. 

During the continuation of this negotiation, no attacks or insults shall 
be offered to any post or scout belonging to your state or in your boun- 
daries. I expect you will observe the same, and recall, as far as lies in 
your power, your scouts, to prevent through inadvertency on either 
part the appearance even of not adhering to the above. 

I am, sir, your most obt. servt., Chas. Carleton. 

Brigadier Gen. Allen. 

General Ethan Allen to Colonel Webster. 

Head Quarters, Castleton, 29 October, 1780. 

Sir: — Last evening I received a flag from Major Carleton, commanding 
the British troops at Crown Point, with proposals from General Haldi- 
mand, commander-in-chief in Canada, for settling a cartel for the ex- 
change of prisoners. Major Carleton has pledged his faith that no 
hostilities shall be committed on any posts or scouts within the limits of 
this state during the negotiation. Lest your state [New York] should 
suffer an incursion in the interim of time, I have this day dispatched a 
flag to Major Carleton, requesting that he extend cessation of hostilities 
on the northern posts and frontiers of New York. You will, therefore, 
conduct your affairs as to scouts, &c, only on the defensive until you 
hear further from me. I am, &c, 

Ethan Allen. 

To Col. Webster. To be communicated to Col. Williams and the posts 
on your frontiers. 



Governor and Council — November 1780. 49 

Wednesday 1* November 1780. 
Met according to Adjournment. 
Nothing passed this day to be recorded. 1 
Adjourned until tomorrow morning. 

General Ethan Allen to Major Carleton. 
Head Quarters, Castleton, 27th [29th] October 1780.* 

Sir: — I received your letter to me, with General Haldimand's to Gov. 
Chittenden, last evening, by Capt. Sherwood. 

Every respect will be shown your flag, and no hostilities will be per- 
mitted on my part; and it is expected you will extend your cessation of 
hostilities against any of the northern posts of the frontiers of the state 
of New York during this negotiation. 

Special orders are given to prevent all hostilities until I receive your 
answer to this. 

Major Clark is appointed to deliver this to you by a flag, and wait 
your answer. Your most obedient servant, Ethan Allen. 

P. S. Your letter, with Gennral Haldimand's, I have forwarded 
express to Governor Chittenden, and make no doubt some proper person 
will be appointed to settle the cartel as soon as possible. E. A. 

To Chas. Carleton. 

See Vt. Hist. Soc. Coll., Vol. n, pp. 70, 71. 

1 From the Assembly Journal Nov. 1 1780: 

Several letters from Col - Uclney Hay D. C. G. Purchases, [Northern 
Department of the continental army,] directed to Gov r - Chittenden 
was read and refered to a Committee of three to make report. The 
Members chosen M r - [Reuben] Jones, M r - Lyon, and M r - Williams. 

A letter from Gov r - Clinton, one from Col - Webster, and one from 
Col - Fletcher directed to Gov 1 '- Chittenden, were read.f 

Nov. 2. — The Committee to whom was referred the papers &c. of Colo- 
Hay D. C. G. Purchases, brought in the following report, viz. 

" That they have examined said papers and also conferred with Colo- 
Hay thereon and find that he is appointed by the Continental Commis- 
sary General to purchase provisions in the New Hampshire Grants: 

"And that it is the opinion of your Committee that Col°- Hay by 
coming to this State and making application to the Legislature thereof 
has missed his instructions: 

" And that it is further the opinion of your said Committee that (con- 
sidering the imbarrasment this State lies under with regard to the claims 
of other States and the jurisdiction assumed over it; considering also 
the large supply of provisions already granted for the troops to be in the 
service of this State the year ensuing; should we suppose this State 
could be called the New-Hampshire Grants, which is by no means 
admissable,) the Legislature of this State ought not to undertake to 
supply Col - Hay with the beef required. 

"Your Committee would remind the House that there is no law that 
prevents Col - Hay from purchasing what provisions he pleases in this 
State for the use of the Continent, and transporting the same where he 
thinks proper for that purpose. Signed M. Lyon, Ch mn " 

The aforesaid Report was read and accepted. 

While the Legislature thus jealously guarded the independent position 
of the State and refused to recognize officially the officer of a government 

* The date of this letter was the same as of the preceding one to Col. Webster. 

t Col. Webster requested aid from Vermont, on Gov. Clinton's authority. Gov. Clinton wrote 
to Gov. Chittenden an indignant denial of such authority to Webster.— See Vermont Historical 
Society Collections, Vol. n, pp. 51, 67. 



50 Governor and Council — November 1780. 

Thursday 2 d November 1780. 

Met according to Adjournment. 

Resolved that Col. Brownson join a Committee [of the House] to 
take into consideration the petition from Col°- Warners Regiment. 

His Excellency the Governor requested the opinion of the Council 
with respect to appointing some proper persons & authorising them to 
Treat with Maj. Carleton for the purpose of settling a Carteel for the 
exchange of Prisoners. Whereupon, 

Resolved, to appoint two persons with full Powers to settle a Carteel 
with Major Carleton for the purpose aforesaid. 

Resolved, that the Hon ble Ira Allen and Joseph Fay Esquires be & 
they are hereby appointed & empowered to repair forthwith to Crown- 
point or S l - Johns & Enter upon the Establishment of a Carteel for the 
exchange of Prisoners. 

Adjourned to 8 °Clock Tomorrow. 



Friday 3 d November 1780. 

Met according to Adjournment. 

Resolved that the Proprietors of the Township of Lyndon pay for 
each right in said Township, the number of Twenty four officers of the 
Rhode Island Line pay seven pounds for Each right, and the remainder 
to the Number of Forty pay Eight pounds Ten shillings Lawful Money 
in Silver, Gold, or other Curant money equivalent, to the Treasurer of 
this State, or a Committee appointed for that purpose, one half to be 
paid by the 20 th day of February next, and the other half to be paid by 
the 15 th day of May next — And that the Condition of settlement of said 
Township be as follows (viz*) That each Proprietor of the Township of 
Lyndon his heirs or assigns shall plant and Cultivate five acres of Land 
in said Township, and build a house at Least Eighteen feet square on 
the floor on each respective right or share, within the Term of Four 
years next after the Circumstances of the war will admit of Settlement 
with safety, on penalty of his right or share of Land in said Township, 
& the same to revert to the freemen of this State to be by their repre- 
sentatives regranted to such persons as shall appear to Settle & Culti- 
vate the same. — And said Committee so to be hereafter appointed is 
hereby authorised to Erase the Names of such proprietors as neglect or 
refuse to pay the Money aforesaid, and Enter others in their Room, and 
also that tive equal Shares be reserved for public uses as shall hereafter 

which would not recognize Vermont, it is worth observing that no harm 
was done to the national cause. Col. Hay was not prevented from buy- 
ing beef if he could find any body who would sell it to him. Col. Udney 
Hay was a descendant from an eminent family of that name in Scot- 
land, and the colonel himself is said to have been highly educated and 
distinguished for his talents — a a gentleman, an imposing man, rather of 
the Matthew Lyon cast." "He was opposed to the Constitution, and to 
the administrations of Washington and [John] Adams, and continued to 
the end a politician." Soon after the close of the revolution he settled 
in Underhill, and there lived and died. He represented that town in 
the General Assembly from Oct. 1798 to Oct. 1804.— See Vermont His- 
torical Magazine, Vol. n, p. 942; and Deming's Catalogue. 



Governor and Council — November 1780. 51 

be mentioned in the Charter of Incorporation of said Township, also all 
Pine Timber suitable for Mast & spars are reserved for the use of a Navy. 
Adjourned until 8 °Clock Tomorrow, And continued from day to day 
by Adjournments until the sixth Instant. 



Bennington 6 Nov r - 1780. 

In Council date a^ove. 
Met according to Adjournment and proceeded to business as follows — 
Kesolved that the Proprietors of Bandolph in number sixty Eight pay 
for Each right Eleven Pounds L. Money in Silver or Gold coin or other 
Currant Money equivilent, to be paid to a Committee hereafter to be ap- 
pointed to receive the same, on or before the first day of January next, 
& that the Conditions of settlement be as follows viz*- that Each Propri- 
etor of the Township of Bandolph aforesaid his heirs or assigns shall 
plant & cultivate five acres of Land on each respective right in said 
Town within the Term of three years on penalty of the forfeiture of his 
right or share of Land in said Township, & the same to revert to the 
Freemen of this State, to be by their Representatives regranted to such 
persons as shall appear to Settle & Cultivate the same. And the Neg- 
lect of payment & reservations to be the same as the Townships 
Granted to the Hon ble Jonathan Arnold 2 & Company by the name of 
Lyndon. 

2 Dr. Jonathan Arnold was born in Providence, R. I., Dec. 14 1741. 
He was a member of the Assembly of Rhode Island in 1776 and author 
of the act of that year repealing the law requiring an oath of allegiance 
to the mother country to be taken. He was also a member of the Con- 
tinental Congress 1782-4, and surgeon in the revolutionary army. After 
the war he removed to St. Johnsbury, Vt., and was its first town clerk in 
1790. He was one of the Governor's Council in 1790, '91 and '92, and 
one of the judges of Orange county from 1792 until his death, Eeb. 2 
1798.— Josiah Lyndon Arnold, son of the doctor, was born in Provi- 
dence, R. I., April 22 1768; graduated at Dartmouth in 1788; was tutor 
of Brown University until his father's death, when he removed to St. 
Johnsbury, which town he represented 1793-95. He died there June 7 
1796. A volume of his poems was published the next year after his de- 
cease. — Lemuel Hastings Arnold, another son of the Doctor, was 
born at St. Johnsbury, Jan. 29 1792; graduated at Dartmouth college in 
1811; was a member of the Council of Rhode Island during the " Dorr 
rebellion " in 1842-3, governor of R. I. 1831-33, and member of Congress 
1845-7. He died at Kingston, R. I., June 27, 1852.— Gen. Richard 
Arnold, son of governor L. H. Arnold, was born in Providence, R. I., 
April 12, 1828, graduated at West Point in 1850, and served with so much 
credit in the army as to be brevetted major general in August 1866.— 
Samuel Greene Arnold was born in the same city on the 12th of 
April 1821, and the editor supposes was another son of the Governor. 
He was twice lieutenant governor of the State, U. S. Senator in 1863, 
and served with credit as aid to Gov. Sprague during the rebellion. — See 
Drake's Dictionary of American Biography. 



52 G-overnor and Council — November 1780. 

Granted to Aaron Stores Esq r - & Company N°- 4 on the plan. 

Resolved that the Proprietors of the Township of Washington, Granted 
to M r Daniel Spooner, Steel Smith l & Elisha Burton & Co. and marked 
on the plan exhibitted by the Surveyor General N°- 12, pay for each 
right nine pounds L. Money in silver or Gold coin or other currant 
money equivilent, to be paid on or before the first day of Jan. next, the 
Conditions of settlement to be the same as the Township of Randolph, 
which will be specified in the Charter of Incorporation. 

Joseph Fay, Sec**- 

Resolved that the Proprietors of the Township of Gilead, Granted 
Elihu Marwin & Company Marked on the Plan N°- 31, pay for each right 
£4. 10 Lawfull Money in Silver or Gold coin, to be paid on or before the 
15 th day of February next. The Conditions of settlement to be the same 
as the Township of Randolph, which will be specified in the Charter of 
Incorporation. 

Resolved that the Proprietors of the Township of Turner sburgh, 
[Chelsea,] Granted to Bela Turner Esq 1- - Marked on the plan N°- 8, pay 
for Each right Nine pounds Lawful Money in Silver or Gold Coin or 
other Currant Money equivolent, to be paid the first day of Feb^- next. 
The Conditions of settlement to be the Same as the Township of Ran- 
dolph, which will be specified in the Charter of Incorporation. 

Resolved that the Proprietors of the Township of , Granted to 

Rosettee Griffin & Company being sixty four in Number, Marked on the 
plan N°- 22, pay for Each right nine Pounds Lawful Money to be paid 
the First day of January next. The Conditions of Settlement to be the 
sam^ as the Township of Randolph, which will be specified in the Char- 
ter of Incorporation. 

Resolved that the Proprietors of the Township of Cabbot, Granted to 
Captain Jesse Levingworth & Company being sixty five in Number 
Marked on the plan N°- 21, pay for Each right Nine Pounds Lawful 
Money, to be paid by the V- day of January next. The Conditions of 
Settlement to be the same as the Township of Randolph, which will be 
Specified in the Charter of Incorporation. 

Resolved that the Proprietors of the Township of Hydepark, Granted 
to Captain Jedediah Hyde & Company Marked on the plan N°- 45, pay 
for Each Right Eight pounds Ten shillings Lawful Money to be paid one 
half in silver money and the remainder in other current money equivo- 
lent, to be paid by the first day of January next, the terms of settlement 
to be the same as in the Township of Randolph, which will be specified 
in the Charter of Incorporation. 

Resolved that the Proprietors of the township of Greensborough, 
Granted to Captain Timothy Green & Company, Marked on the Plan 
N°- 24, pay for Each right Eight Pounds Ten shillings Lawful money in 
Silver or other Current money equivolent, to be paid by the 20 day of 
January next, the Conditions of settlement to be the same as the Town- 
ship of Bandolph, which will be specified in the Charter of Incorpora- 
tion. 

Resolved that the Proprietors of the Township of Navy [Charles- 
ton,] Granted to Comidore [Abraham] Whipple 2 & Company, Marked 

1 Capt. Steel Smith removed from Farmington, Conn., to Windsor, 
Vt., in August 1764, and was the first permanent settler in that town. — 
See Thompson's Vermont. 

2 Commodore Abraham Whipple, born at Providence, R. I., Sept. 
26 1773. He was captain of a privateer in the French war, and in a 



Governor and Council — Nooember 1780. 53 

on the plan N°- 32, pay for Each right in said [township] Eight pounds 
L. Money to be paid by the 10 day of January next in Silver, or other 
money equivolent, the Conditions to be the same as the Township of 
Randolph, which will be specified in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Victory, Granted to 
Captain Ebenezer Fisk & Corny- Marked on the plan N°- 28, pay for 
Each right in s d - Township nine pounds Lawful Money in Silver, or 
other Current money Equivalent, to be paid by the 15 day of Feb^- next, 
the Conditions of Settlement to be the same as in the Township of Ran- 
dolph, which will be Specified in the Charter of Incorporation. 1 

Adjourned to 8 °Clock Tomorrow. 

single cruise captured twenty-three French vessels. In June 1772 he 
captured and burnt the British revenue cutter Gaspe in Narraganset Bay. 
He was appointed commodore in the Revolutionary war, and was very 
successful from 1775 until 1780, the prize money for his captures amount- 
ing on one occasion to a million of dollars. In 1780, while trying to 
save Charleston, he lost his squadron and was himself captured and held 
a prisoner during the remainder of the war. He dwelt in Cranston, R. 
I., until the formation of the Ohio Company in 1788, when he removed 
to Marietta, Ohio. He died there, May 26 1819 — Drakes Dictionary of 
American Biography. 

1 From the Assembly Journal, Nov. 6 1780: 

The Committee appointed to prepare instructions for the board of 
War brought in their Report, which was read, and 

Resolved that the members of the Board of War be and they are 
hereby directed to meet at some suitable time and place to choose their 
President and Secretary, which President shall have full power to call 
together the members of said board with the advice of one or more of 
the members and as often as may be found necessary — their Secretary 
to keep fair records of all their proceeding — and the duty of said Board 
shall be to examine into every necessary measure to be prosecuted for 
the defense of the frontiers of this State, and recommend to the Captain 
General of said State the raising any number of men and for such term 
of time as they may judge proper (not exceeding nine months,) and 
further shall have full power to appoint proper officers to command such 
men so raised, and to call out the Militia in such numbers and propor- 
tions from time to time as may be found necessary for the security of the 
frontiers. They will receive and examine the monthly returns of the 
Commissaries of purchases and issues, and likewise from the command- 
ing officers of the troops in the service of this State, and order all kind 
of stores prepared for the use of said State to be transported in such 
quantities, at such times, and to such post or garrisons as they find 
necessary by said returns. 

On the same day Ira Allen submitted a memorial, addressed "to his 
Excellency the Governor, the honorable Council, and Representatives 
of the State of Vermont," in which he urgently pressed for a settlement 
of his accounts as Treasurer, involving also the settlement of all accounts 
of Commissioners of sales of confiscated estates and Commissioners of 
Sequestration, and asked that whatever sum might be due him should be 
reduced to hard money value and payment be made to him and his 
associates in land, to be thereafter located under the same regulations, 



54 Governor and Council — November 1780. 

Tuesday 7 th Nov r - 1780. 

Met according to Adjournment. 

Resolved that Mr. John Burnham, Commissioner of Sales, be & he is 
hereby directed to repay the money paid to him by Timothy Green for 
a Certain Piece of Land in Pownal & make the money Good according 
to the rules prescribed by Congress. 

By order of Council, Jos. Fay, SecP- 

Resolved that the Proprietors of the Township of Gatesborough, Marked 
on the plan N°- 43, Granted to Josiah Gates & Amos Jones & Company 
to the number of 120, pay for Each Right £4.10 L. Money in silver or 
other Current money Equivolent, to be paid by the fifth day of February 
next, the Conditions of Settlement to be specified in the charter of 
Incorporation. 

Resolved that the proprietors of the Township of Orange, Granted to 
Amos Robinson, Ebenezer Green & Company, marked on the plan N°- 15, 
pay for Each Right Eight pounds L. Money in Silver or other money 
equivolent, to be paid one half by the first day of Feb?- next, the other 
half the first day of March next, conditions three years for Settlement & 
reservations to be Specified in the Charter of Incorporation. 

Resolved that the Proprietors for the Township of Pittsjield, granted 
to I> Sam 1 - Wilcox, Deacon Daniel Kinney, Deacon Josiah Wright, & 
Company being 65 in Number, Marked on the plan N°- 1, pay nine 
pounds L. Money in silver or other money equivolent for Each right, to 
be paid by the 10 th day of February next, to be settled in a term of three 
years next after the circumstances of the War will admit with Safety. 

Resolved that the Proprietors of Hancock, Granted to L* Samuel Wil- 
cox, Deacon Daniel Kinney, Deacon Josiah Wright & Company being 
sixty five in Number, Marked on the plan N°- 2, pay seven pounds L. 
Money in Silver or an equivolent, to be paid First day of February 
next, to be settled in three years after the War will admit with safety, 
the reservation to be Specified in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Morriston [Morris- 
town,] Granted to M r - Moses Morse & Company being sixty four in 
Number, Marked on the plan N°- 44, pay £7 L. Money in Silver or an 
equivolent in other Current money, to be paid by the first day of March 
next, the terms of Settlement is three years after the War, the reserva- 
tions are to be Specified in the Charter of Incorporation. 

Resolved that the Proprietors of the township of Minden [Craftsbury,] 

restrictions and price as other lands of the same quality granted at that 
session: which was read, and it was 

Ordered that the aforesaid Request or Memorial be granted in full. 

On the same day also, detailed rules and regulations for the Commis- 
sary of Purchase Department, including Assistant Commissaries, were 
adopted ; the latter, however, being reconsidered and postponed to the 
next session. 

On the same day also the Assembly proceeded to try Brigadier Gen- 
eral Ethan Allen (against his indignant remonstrance,) on complaints 
submitted by Capt. William Hutchins and Simeon Hathaway, the 
result being (on the 7th,) that the complainants were permitted to with- 
draw, and the thanks of the House were voted to Allen for his good 
service to the State. — See Early History pp. 323-325; and Vt. Hist. Soc. 
Coll., Vol. II, pp. 78-80. 



Governor and Council — November 1780. 55 

Granted to Col - Timothy Newel, Ebenezer Crafts Esq 1 "- 1 & Company 
being 63 in Number, Marked on the plan N°- 37, pay Nine pounds L. 
Money in Silver or other Current Money equivolent, to be paid by the 
16 day of January Next, to be settled in three years Next after the War 
will admit with Safety, the reservations to be Specified in the Charter 
of Incorporation. 

Resolved that the proprietors of the Township of Coventry, Granted to 
Major Elijah Buel [of Coventry, Conn.,] & Company, being a Gore as is 
mentioned & described in the Grant of Assembly, pay for Each right 
Ten pounds L. Money in Silver, or other current money equivolent, to 
be paid by the last day of December next. And whereas the quantity 
of land cannot be ascertained, Whereupon 

Resolved that Major Buel pay one hundred and fifty pounds money 
aforesaid at the time above mentioned & if on examination the full 
quantity of Land shall not be found as is Specified in said Buels petition 
as to make up 15 Rights Allowing 320 acres to Each proprietor agreeable 
to the Grant ot said Land, then the money to be repaid without Interest, 
& if on Examination a Larger quantity shall be found, to be paid for 
when ascertained. 

Resolved that the Proprietors of Caldersburgh [Morgan,] being 64 in 
Number, Marked on the plan N°- 33, pay for Each right Nine pounds L. 
Money, in Silver or an equivolent in other money, to be paid by the 
26 day of December next, to be settled in the term of 3 years next after 
the war will admit with safety, the reservations will be Specified in the 
Charter of Incorporation. 

Resolved that the proprietors of the Township of Jamaca, Granted to 
Col - Samuel Fletcher & Company being 54 in Number, described & 
Marked on the plan N°- 36, pay for each right in said Town nine pounds 
L. Money in Silver or other Curent money equivolent, to be paid by the 
Eighteenth of Feb^- next, to be settled in three years — the reservations 
to be Specified in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Brookfield, Granted 
unto M r - Phinehas Lyman and Company to the Number of 64, Marked 
on the Plan N°- 9, pay for each right Seven Pounds L. Money in Silver 
or other Current money equivolent, to be paid by the 19 Feb^- next, to 
be settled within three years, the reservations to be specified in the 
Charter of Incorporation. 

Resolved that the proprietors of the Township of Wardsborough, 
Granted to William Ward & Company being 53 in Number & Marked 
on the plan N°- 39, pay Eight pounds'Ten shillings L. Money in Silver 
or other money equivolent for Each right, to be paid the 18 th February 
next & to be settled within the term of three years after the War will 
admit with Safety, the reservations will be Specified in the Charter of 
Incorporation. 

Resolved that the proprietors of the Township of Fletcher, Granted to 
Major [Joseph] Tyler & Company to the Number of 64, Marked on the 
plan N°- 46, pay for each right .£8.10.0 L. Money in Silver or other 
Curent money equivolent, to be p d - by the 17 th of February next, the 
Conditions of settlement to be three years after the War will admit with 
Safety, the reservation to be Specified in the Charter of Incorporation. 

Adjourned until 8 °Clock Tomorrow. 

^ol. Ebenezer Crafts, of Sturbridge, Mass., founder of Leicester, 
Mass., Academy. He was a graduate of Yale college in 1759, and 
father of Gov. Samuel C. Crafts. Col. Crafts removed to Vermont 
in 1791, and died in 1810. 



56 Governor and Council — November 1780. 

"Wednesday November 8 th 1780. 

Met according to Adjournment. 

Resolved that the proprietors of the Township of East Haven, Granted 
to M r - Timothy Andrews [Andrus,] Beach Tomlinson & Company, being 
sixty three in number, described and Marked on the Plan N°- 29, pay for 
Each right in said Town Nine pounds L. Money in Silver or other 
Curent Money equivolent, to be paid the 15 th day of February next, to 
be settled in three years after the present War will admit with Safety, — 
the reservations will be Specified in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Westford, Granted 
to Major Abraham Sedgick [Sedgwick,] Capt. Uriah Se}^mour & Com- 
pany, being 63 in Number, described & Marked in the plan N°- 42, pay 
for each right in said Town Eight pounds Lawful Money in Silver or an 
equivolent in other current money, to be paid by the seventh day of 
February next — to be settled in three years after the present War will 
admit with safety, the reservations will be specified in the Charter of 
Incorporation. 

Resolved that the proprietors of the Township of Sheffield, Granted to 
Col - Andrew Adams, 1 M r Stephen Kingsbury & Company sixty three in 
number, discribed & Marked in the plan N°- 34, pay for Each Right in 
said Town Eight pounds L. Money, to be paid by the 25 of Dec 1 "- next, 
to be settled three years after the War — the reservations will be Speci- 
fied in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Newark, Granted to 
Capt. Samuel Hulbert, M r - Isaac Andrews & Company sixty three in 
Number, discribed & Marked on the plan N°- 30, pay nine pounds L. 
Money on Each right on the sixteenth day of February next, to be 
settled in three years after the present War will admit with safety, 
the reservations to be specified in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Kingston, Granted 
to Mess rs - Reuben King. Shelden Graham & Company sixty three in 
Number as discribed & Marked on the Plan N°- 6, pay Seven pounds L. 
Money on Each right on the first day of March Next, to be settled in 
three years after the war will admit of a settlement with Safety, the res- 
ervations to be specified in the Charter of Incorporation. 

Resolved that the Proprietors of the Township of Braintree, Granted 
to Mess rs - Jonathan Temple, Jacob Spear, Nathan Putnam, Levi Davis 
& Corny- sixty one in number, as described and Marked on the plan N°- 
5, pay for each right Nine pounds L. Money on the first day of March 
next, to be settled in three years from the time of payment; the reser- 
vations will be specified in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Hardwick, Granted 
to Col - Dauforth Keyes and M r - Eliakim Spooner & Company sixty three 
in Number, as discribed on the plan N°- 23, pay Nine pounds L. Money 
on Each right on the first day of May next, to be settled after the War 
will admit with Safety — The reservations will be Specified in the Char- 
ter of Incorporation. 

Resolved that the Proprietors of the Township of Woodbury, Granted 
to Col - Ebenezer Wood, M r - [William] Lyman & Company sixty three 
in Number, as discribed on the plan N°- 20, pay Nine pounds Like 
Money on each right on the first day of April next, to be Settled three 
years after the war will admit with Safety — The reservations will be 
specified in the Charter of Incorporation. 

1 Possibly Hon. Andrew Adams of Litchfield, Conn., member of 
the Continental Congress 1777-80 and 1781-2. 



Governor and Council — November 1780. 57 

Resolved that the Resolution of yesterdays date relative to the fees, 
terms of settlement &c. of the Township of Brookfield Granted to M r 
Phinehas Lyman & Company be & is hereby reconsidered. 

By order of Council, Jonas Fay, Secy- P. T. 

Resolved that the proprietors of the Township of Brookfield, Granted 
unto M r - Phinehas Lyman & Company to the N°- [of] 64, Marked on the 
Plan N°- 9, pay for Each right or share five pounds L. Money in Silver 
or other Curent money equivolent, to be paid one half on the first day 
of May next, the other half on the first day of October next, to be set- 
tled in three years. The reservations will be specified in the Charter of 
Incorporation. 

Resolved that the proprietors of the Township of Concord, granted to 
Reuben Jones Esq r - & Company to the number of 65, marked on the 
plan N°- 27, pay for Each right or share Eight pounds L. Money in Sil- 
ver or other Currant money equivolent, to be paid on the 10 day of Feb- 
ruary next, to be Settled within three years. — The reservation will be 
specified in the Charter of Incorporation. 

Resolved that the proprietors of Williamstown, Granted to Samuel 
Clark & M r - Absalom Baker and Company 73 in Number, as described 
ou the plan N°- 13, pay for Each right in said Township Eight pounds 
L. Money in Silver or an equivolent in other Curent money, to be paid 
the fifteenth day of May next and to be Settled within three years after 
the war will admit with Safety — The reservations will be specified in the 
Charter of Incorporation. 

Adjourned to 9 °Clock Tomorrow. 1 



Thursday 9 November 1780. 

Met according to Adjournnent. 

Resolved that the proprietors of the Gore of Land [now Landgrove~\ 
bounded viz*- between the towns of Bromley [Peru,] Andover & London- 
derry so as to Allow to Each proprietor three hundred and twenty acres 
or thereabouts, Granted to Captain William Utley, pay Each for such 
right in said Gore Eleven pounds L. Money in Silver or other Curent 
money Equivolent, to be paid on the first day of January next, & that 
the same be Settled within three years — the reservations will be speci- 
fied in the Charter of Incorporation. 

*Nov. 8 1780, the Assembly appointed the Governor, John Fassett, jr. 
and Timothy Brownson commissioners for examining accounts against 
the State, and authorized them to draw orders on the treasurer. 

Col. John Strong, Col. Ebenezer Walbridge, Thomas Porter, Esq., 
Reuben Jones, Amos Robinson, and Stephen R. Bradley, Esqrs., were 
appointed auditors of public accounts, to look into the expenditure of 
the State's money, call all public officers to account and enforce collec- 
tions of all sums due; and the Governor and Council and Court of Con- 
fiscation were requested to furnish them with all necessary papers. 

On the same day Articles, Rules, and Regulations for the government 
of the militia and other military forces were adopted. 

The following was also adopted: 

Resolved that there be and hereby is granted unto his Excellency the 
Governor for his services the year ensuing one hundred and fifty pounds. 

Adjourned until the first Wednesday of Feb^- next, then to meet at 
Windsor. 



58 Governor and Council — November 1780. 

Resolved thai the proprietors of Grotton, Granted to I> Thomas But- 
terfield & Corny- in Number 66, as discribed on the plan N°- 17, pay for 
Each Right Eight pounds L. Money in Silver money, or other Curent 
money equivolent, to be paid on the first day of March Next, to be set- 
tled three years after the present War will admit — the reservation will 
be set forth in the Charter of Incorporation. 

Resolved that the Proprietors of the Township of Cambridge, Granted 
to Samuel Robinson Esq r - as discribed on the plan Marked N°- 47, pay 
for Each right Eight pounds Lawful Money in Silver or other Curent 
money equivolent, to be paid on the 20 th day of May next, to be settled 
within three years after the present war will admit with Safety. The 
reservations will be Specified in the Charter of Incorporation. 

Resolved that the Proprietors of the Township of Starksborough, 
Granted to David Brydia and Company sixty four in Number, as 
described in the plan N°- 41, pay Nine pounds L. Money in Silver or 
other Curent Money equivolent, to be paid on the 13 th day of January 
next, and to be settled 3 years after the war permit with Safety. The 
reservations will be Specified in the Charter of Incorporation. 

Resolved that the proprietors of Warren, Granted to John Throop 
Esq 1 "- Capt. Steel Smith <fe Company 63 in Number, as discribed in the 
plan N°- 11, pay on Each Right six pounds L. Money in Silver or other 
Curant money equivolent, on the 20 day of March next, & to be settled 
in four years after the present War will admit with Safety. The reser- 
vations will be specified in the Charter of Incorporation. 

Resolved that the proprietors of the Township of Roxbury, Granted 
to Captain William Chaplin, Benjamin Emmons Esq r - & associates 63 
in number, discribed on the plan N°- 10, pay Eight pounds Ten shillings 
on Each right in Silver or other Current money equivolent, on the 25 
day of March next, & settle the Same in three years after the present 
War will admit of Settlement with Safety. The reservations as usual. 

Resolved that the Proprietors of the Township of Northjield, Granted 
Major Joel Matthews, Captain William Gallup & Company 63 in Num- 
ber, as discribed on the plan N°- 14, pay six pounds Ten shillings (on 
each right on the 18 th day of January next) L. Money in Silver or other 
Curent money equivolent, & settle the Same after the present war will 
admit with Safety. The reservations to be Specified in the Charter of 
Incorporation. 

Resolved that the Proprietors of the Township of Littleton [Waterford,] 
Granted to Gideon Horton & Company 64 in number, discribed on the 
plan N°- 26, pay on Each Right Eight pound Ten shillings Lawful 
money in Silver or an equivolent in other Curent money, on the 
Seventh day of April next, and Settle the Same in three years. The 
reservations to be Specified in the Charter of Incorporation. 

Resolved that the Hon ble Paul Spooner and John Throop Esq rs - be & 
they are hereby choosen a Committee to return the Names of the 
present settlers in the Township of Brookfield, Granted to M r - Phinehas 
Lyman, &c. 

Resolved that the proprietors of the Township of Lincoln, Granted to 
Colonel Benjamin Simonds [Simmons] & Company to the number of 64, 
discribed on the plan N°- 40, pay for Each right six pounds L. Money in 
Silver, or an equivolent in other curent money, on the 19 day of Feb- 
ruary next, and Settle the Same in four years after the present War will 
admit with Safety. Reservations as usual. 

Resolved that the proprietors of the Township of Eden, Granted to 
Colonel Seth Warner, L 1 Col - Samuel SafFord, the officers, soldiers, and 
the Heirs of the Deceased persons of His Reg 1 - that did belong to this 
State when they Entered Service, discribed on the plan N°- 48, pay on 



Governor and Council — November 1780. 59 

Each right nine pounds. To Settle the Same after the present war will 
admit of a Settlement with Safety. The reservations to be Specified in 
the Charter of Incorporation. 

Resolved that the Proprietors of the Township of Rochester, Granted 
to Asa Whitcomb Esq*"- & Company 64 in Number, as discribed on the 
plan N°- 3, pay for each Right in said Town Nine pounds L. Money on 
the fifteenth day of March next, & settle the Same within three years 
after the present war will admit of Settlement with Safety. The reser- 
vations to be specified in the Charter of Incorporation. 

Resolved that the Proprietors of the Township of Wilder sbuvgh [Barre,] 
Granted to Colonel William Williams *& Company 64 in Number, as dis- 
cribed on the plan N°- 16, pay for Each right Eight pounds Ten shillings 
L. Money on the first Wednesday in May next, & settle the Same in 
three years after the war will admit with Safety. The reservations as 
usual. 

Resolved that the Proprietors of the Township of Vershire, Granted 
to Capt. Abner Nealy and Company 64 in Number, discribed on the 
plan N°- 7, pay for Each [right] Ten pounds L. Money on the 10 th day 
of January next, & Settle the Same in three years after the war will 
admit with Safety. The Reservations as usual. 

Resolved that his Excellency the Governor, Hon ble John Fassett Ju r - 
Esq r - & the Hon ble Timothy Brownson Esq r - be a Committee to receive 
the Granting fees on the Several tracts Granted at the present Session. 

Resolved that Jonas Fay & Moses Robinson Esquires be & are hereby 
appointed a Committee to revise the Laws for the press. 

Resolved that Moses Robinson Esq r - make the draft of a Proclamation 
for a public Thanksgiving. 

Resolved that the Proprietors of the district of Ira, Granted to Nathan 
Clark Esq r - & Company, pay Fifteen pounds on Each Right, Allowing 
to each proprietor 300 acres, to be paid in Silver or other money equivo- 
lent on the first day of June next. The reservations to be as usual. 

The following Resolution Rec d - from the House & ordered to be 
recorded, viz*- 

" In General Assembly, Nov r - 8 1780. 

Resolved that the Governor & Council be & they are hereby requested 
& authorised to appoint proper persons to Negociate for this State at 
Congress, & the other States, for the purpose of procuring assistants 
towards the defense of the Frontiers & any other Matters that shall be 
necessary for the benefit of this State. 

Extract from the journals, Ros L Hopkins, Clerk." l 



End of the Session held at Bennington in October and November 1780. 

Joseph Fay, Secy- 



1 By authority of this resolution Gov. Chittenden made " a positive 
demand" upon New York, Massachusetts, and New Hampshire to 
relinquish their claims to jurisdiction over Vermont, and proposed to 
those states, as well as to Connecticut and Rhode Island, "an alliance 
and permanent confederation with Vermont against the hostile attempts 
of British power." — See Appendix G,post. 



60 Board of War — November 1780. 

RECORD OF THE BOARD OF WAR— NOVEMBER 1780. 
Besolutions of Board of War Nov r - 29 th 1780. 

In Board of War, Arlington, Nov 1 "- 29 th 1780. 

Members Present — Timothy Brownson Esq r -> President. 
Joseph Bowker Esq r - 
Stephen Pearl Esq r - 
John Fassett [jr.] Esq r - 

Resolved to raise Eighty able bodied Effective men including Non 
commissioned officers for the defence of the frontiers of this State to be 
under the command of Capt. Jesse Sawyer. One Capt. one Lieut, and 
forty of the above Number of men to be raised forthwith out of Col - 
Ira Allen's Regt. and march to fort Warren without Loss of time: and 
one Capt. one Lieut, and the other forty men to be raised forthwith out 
of Col - Ebenezer Allen's Regt. and march to fort Vengeance and join 
Capt. Sawyer, and to continue in service fourteen days from the time 
they march unless sooner discharged, the pa} r of the Capt ts - to be eight 
pounds Hard money each p r - month or other money Equivalent and the 
other officers and soldiers Pay in proportion. 

Resolved further to recommend to the Cap*- Gen 1 - to Issue his order to 
the Colonels of the within mentioned [above] Reg*- to put the within 
[above] resolve into Execution. 

Resolved further to raise two Lieutenants and forty eight non-Com- 
missioned officers and private men for the defence of the frontiers of 
this State for the ensuing winter, one of the above Lieutenants two 
sargeants two Corporals and twenty privates to be raised out of Col - 
Fletcher's Reg 4 - and march to fort Vengeance at Pitsford by the first 
day of January and to Continue in service three months unless sooner 
discharged: and the other Lieutenant, two Sergeents two Corporals and 
twenty privates to be raised out of Col - Sam 1 - Herricks Reg 1 - to march 
to fort Warren at Castleton by the first day of January and to continue 
in service three months unless sooner discharged — their pay to be as 
follows, viz: the Lieutenant's pay p r - month to be five pounds Eight 
shillings Hard money Each or other money Equivalent: the Sergeant's 
pay p r - month to be two pounds eight shillings Hard money Each or 
other money Equivalent: The Corporal's pay to be two pounds four 
shillings Hard money Each or other money Equivalent: the private's 
pay to be two pounds Hard money p r - month Each or other money 
Equivalent — their pay to commence six days before they march. 

Resolved further that for the rations the officers and soldiers find on 
their march too and from camp they shall be allowed ten pence each 
Hard money. 

Resolved further to recommend to the Cap*- General to issue his orders 
to the Colonels of the within [above] mentioned Regiments to put the 
within [above] Resolves into Execution. 

Debenture for the Board of War, Arlington 29 [Nov.] 1780. 

Timothy Brownson Esq 1 - £0 15 4 

Joseph 'Bowker Esq r - 19 

Stephen Pearl Esq r - 112 

John Fassett [jr.] Esq r - 1 12 4 



Land Grants of 1780 — State Finances. 61 

The Honorable Col - Timothy Brownson 

President of the Honorable the Board of War, Sunderland. 

Arlington, Dec r l 8t 1780. 
Dear Sir:— I am directed by his Excellency to Copy the resolutions of 
the Hon ble Board of War and transmit the same to you, which have 
done & herewith enclose them. I have the honor to be 

Sir, your most ob*- Servant, 

Tho s Tolman. 
Hon. Col - Brownson. 



THE LAND GBANTS OF 1780— STATE FINANCES. 

The numerous grants of townships made in the autumn of 1780 were 
designed to play so important a part in sustaining the State that a 
statement of the principal circumstances is desirable. Congress on the 
2d of June preceding had declared that the acts of Vermont in asserting 
its independence and continuing its grants of lands, in violation of the 
resolutions of Congress of September and October 1779, "are highly 
unwarrantable and subversive of the peace and welfare of the United 
States ; " and " strictly required " the people thereof " to forbear and 
abstain from all acts of authority, civil or military," over those residents 
in Vermont who preferred to accept the jurisdiction of another state. 
This had been accepted by the Governor and Council as a quasi decla- 
ration of war by Congress, and on the 25th of July Gov. Chittenden 
had protested against this action, and notified the President of that 
body that "Vermont have, therefore, no alternative; they must either 
submit to the unwarrantable decree of Congress, or continue their appeal 
to heaven and to arms;" and announced that the State would appeal 
from Congress to the legislatures of the several states " and take such 
other measures as self-preservation may justify." In that critical condi- 
tion of affairs, the General Assembly of Oct. 1780 deliberately determined 
to put Vermont on a war footing, by adopting elaborate rules and regu- 
lations for the militia, and framing others for the supply of provisions, 
&c. to its military forces in the field; by giving the Board of War full 
power to raise an army, or call out the militia, or both, for nine months, 
the term being increased to eleven months; and finally by numerous 
land grants to furnish the " sinews of war." Indeed the disposable land 
of the State,— the improved land of the tories that had been confiscated, 
and the ungranted lands that were to be sold — were the main features 
in the financial policy of the State. 

When government was organized in March 1778, all the other states 
were groaning under the burden of taxes; and therefore, in Vermont, 
said Ira Allen : 

It was thought good policy not to lay any taxes on the people, but to 
raise a sufficient revenue out of the property confiscated, and the 
ungranted lands. Hence it was found that those who joined the British 
were benefactors of the State, as they left their property to support a 
government they were striving to destroy. It is further to be observed, 



62 Land Grants of 1780 — State Finances. 

that not only the civil list was paid by the sale of the enemy's property, 
but new and lirm friends were added to the government. While the 
States in New England were severely taxed to carry on the war, Ver- 
mont had no taxes to pay. This circumstance greatly promoted migra- 
tion into Vermont, and those who came with that view were staunch 
friends to the new government, and added to its strength and conse- 
quence both at home and abroad. 1 

Such being the settled policy of the State, it is of course found that it 
was systematically pursued. 

In 1779, further said Allen, a form of charter and rules for granting 
lands were adopted; and it appears, from the petitions in the Ms. State 
Papers in the Secretary of State's office, that a printed form of petition 
to the General Assembly for a land grant, was prepared. It is hardly 
necessary to add that these blank petitions were widely circulated, not 
only throughout New England, but in the middle States and in the 
army. In October 1779, Ira Allen was appointed to attend the legis- 
latures of the middle and other states; and his account shows that his 
special business was in reference to the lands both of Vermont and of 
the continent. Several of the states visited owned no land outside of 
their own bounds, and Allen made a point of claiming that the im- 
mense public domain of wild land, wrested from Great Britain by the 
revolution, should not be the property of particular states, as Virginia, 
Pennsylvania, New York, &c, but the common property of all the states. 
In this view he proposed that the confiscated and ungranted lands of 
Vermont should be counted as part of the common property of all the 
states, and engaged that Vermont would account for all it received out 
of lands within her limits. This was a direct and powerful appeal to 
those states to make common cause with Vermont, as indeed on some 
occasions every one of them did. 2 Of course Allen did not neglect 
this opportunity to scatter broadcast the blank petitions to the General 
Assembly of Vermont for land grants. Land companies were formed 
in New Hampshire, Massachusetts, Connecticut, and Rhode Island; also 
by officers in the continental army; and members of the continental Con- 
gress were not excluded. In allusion to these companies, Washing- 
ton said, in 1783: 

Two things I am sure of, namely, that they [the Vermonters] have a 
powerful interest in those States, [New England,] and pursued very pol- 
itic measures to strengthen and increase it, long before I had any know- 
ledge of the matter, and before the tendency of it was seen into or sus- 
pected, by granting upon very advantageous terms large tracts of land; 
in which, I am sorry to find, the army in some degree have participated. 8 

Hence when the General Assembly met in October 1780, it found a 
large number of these petitions filed in the office of the Secretary of 

1 Ira Allen's History, in Vt. Hist. Soc. Collections, Vol. i, p. 393. 

2 See Observations relating to the influence of Vermont and the ter- 
ritorial claims on the politics of Congress, by James Madison, in Vt. 
Hist. Soc. Coll., Vol. ii, pp. 268, 269; and Appendix F,post. 

3 Vt. Hist. Soc. Coll., Vol ii, p. 325. 



Land Grants of 1780 — State Finances. 63 

State, and the way apparently open to add materially to the funds in the 
treasury. This, said Allen, " furnished money to defray the expenses 
in part of the war, helped to alleviate, in a considerable degree, the bur- 
thens of the people, and to strengthen the frontiers against the common 
enemy." 1 At this particular juncture, however, it is obvious that the 
fund was raised in anticipation of a possible contest with New York, and 
even with Congress. 

Oct. 14 1780 it was 

Resolved that a Committee of five to join a Committee from the Coun- 
cil be appointed to take into consideration the situation of ungranted 
lands within this State which can be settled, and the several petitions filed 
in the Secretary's office praying for grants of such unlocated lands: and 
report their opinion what lands can be granted, and what persons will 
most conduce to the welfare of this State to have such grants. The 
Members chosen by ballot are M r - Sam 1 - Robinson, M r - [Edward] Harris, 
Col - [John] Strong, M r - [Ebenezer] Curtiss, and M r [Joshua] Webb. 

This phraseology shows that not money only was wanted, but influ- 
ence to be used for the benefit of Vermont elsewhere. 

Oct. 16, the limitation of grants to " land which can be settled " was 
stricken out, and the committee was enlarged, as follows: 

Resolved that the words "which can be settled " be erased in the re- 
solve appointing a Committee of five to take into consideration un- 
granted lands, &c. and that four persons be added to said Committee. 
The Members chosen M r - [Matthew] Lyon, M r - [Benjamin] Whipple, 
M r [Thomas] Porter, and M r - [Thomas] Murdock. 

Oct. 17, the Governor and Council appointed Messrs. Ira Allen, John 
Fassett, jr., Jonas Fay, and Paul Spooner, to join the committee of the 
House. 

The first grant recommended by the committee was that of Montpelier^ 
Oct. 21, when the House resolved that the grant be made to Col. Timo- 
thy Bigelow and Company, and that " the Governor and Council are 
hereby requested to issue a grant or charter of incorporation of said 
township of Montpelier under such restrictions, reservations and for such 
considerations as they shall judge best for the benefit of the State." 

On the same clay the Governor and Council " stated the fees " and 
conditions as follows: 

•At Four hundred & Eighty pounds for the said Land, being one 
Township by the Name of Montpelier, in hard money or an equivalent in 
Continental currency, 2 to be paid by Col - Timothy Bigelow or his attor- 
ney, on the Execution of the Charter of Incorporation, on or before the 
20th day of January next. 

The House at the same session recommended grants of more than 
fifty townships, and in nearly all the cases the Governor and Council so 
far executed them as to name the grantees and the conditions of the 
charter. Thus the State designed to realize a very large sum of cash 
or its equivalent, in time to meet any probable emergency. Sufficient 



1 Vt. Hist. Soc. Coll., Vol. i, p. 406. 

2 In later cases lead &nd flints were accepted instead of "hard money." 



64 Land Grants of 1780 — State Finances. 

payments being expected in the winter of 1781, when no considerable 
military movement could be made against the State, there was supposed 
to be ample time to prepare for an active spring campaign, and it was 
improved by the Board of War for that purpose. As we know, how- 
ever, this apprehended emergency was happily escaped by the diplomacy 
of Allen and Fay with the Governor General of Canada. 1 

In this connection a summary statement of the financial policy of the 
State may best be made. From July 1777 to October 1780, the main 
source of revenue was found in the sale of the confiscated property of 
tories. This, with funds derived from occasional land grants, sufficed for 
all purposes without levying any state tax. In October 1780, as has been 
seen, a large revenue was expected from the sale of ungranted lands, 
but in fact it soon became necessary to adopt another measure. Accord- 
ingly in April 1781 an act was passed " for the purpose of emitting a 
sum of Money, and directing the redemption of the same." It provided 
for the issue of bills of credit to the amount of £25,155, which were 
made " a lawful tender for payment on all contracts, executions, &c, as 
lawful money according to the face of the bill." These bills were to be 
redeemed by the first day of June 1782 in silver at the rate of six shil- 
lings for one Spanish milled dollar, or gold equivalent. For the act see 
Slade's State Papers, p. 424. For the redemption of these bills a tax of 
one shilling and three pence, lawful money, on the pound on the list of 
polls and ratable estate of the inhabitants of the state, was imposed — 
being the first state tax; and, in addition, a tax of ten shillings on each 
hundred acres of land in the state which would admit of settlement, 
public rights and college lands excepted. These three sources served 
the purpose for several years, the taxes proving in fact less than one sev- 
enth of the revenue raised. This is shown by the auditing of the state 
treasurer's [Ira Allen's] accounts in February 1787, in which the 
sources and gross amount of revenue from March 1777 to October 1786 
are specified, as follows: 

Continental money received of Commissioners [for con- 
fiscated property,] £190,433 6 4 
Lawful money received from Land Committee [for 

land granted,] 66,815 13 8 

State notes [bills of credit] issued, 24,750 8 7 

Cash received in lawful money from taxes, 38,536 17 11 

Cash received on hard money taxes, 7,411 2 7 

Total revenue March 1777 to October 1786, both years 

included, £327,947 9 1 

This covered ten financial years, and the average therefore was £3279 
per annum. Five years later, in 1791, Allen stated the expenses of the 
State at £3219 9 9, and the average state tax per capita to be six pence 
three farthings to each inhabitant. 

1 See Vt Hist. Soc. Coll, Yol. II. 



Q-overnor and Council — December 1780. 65 

RECORD OF THE GOVERNOR AND COUNCIL 



AT A 



SPECIAL SESSION AT BENNINGTON DEC R 1780. 



Bennington 16 Dec r - 1780. 

In Council, date above. 
Rules and Regulations directing in what manner the Troops employed 
in the Service of this State shall be paid. 

Resolved, that for the payment of the Troops that shall be in Service 
hereafter for the defence of this State, for any stipulated term of Time, 
there shall be one pay Master appointed whose duty it shall be, to pay the 
Troops agreeable to pay Boots which the Captains of Each Company shall 
make out, & which shall be examined & approved by the Committee of 
pay Table & the same certified on the back of said Roll before the pay- 
master shall pay any Money 8 thereon, upon which a Warrant shall Issue 
on the Treasurer for the Pay Master to receive the Same & pay out the 
Several sums due to Each officer and soldier respectively. 

There shall be duplicate Pay Rolls thus authenticated for each pay- 
ment, on one of which shall be the Warrant to the Treasurer who shall 
take the pay master's Rec*- thereupon keeping the Same as his Voucher, 
and the other shall be Lodged with the pay Master. 

The pay Master shall be under a bond of one thousand pounds to the 
Treasurer of this State for the due and faithful performance of his duty. 
He shall keep regular Books of all monies rec d - by him & paid out, & 
settle his acc ts - with the Auditors of acc ts - as often as they shall call upon 
him for that purpose. He shall take all his Rec ts for money Specifying 
the sums in words at Length & and not in figures, & no other Rec te - 
shall pass as a Voucher to his acc ts - in Settlement. 

All orders which officers or soldiers have drawn or may draw on their 
respective Captains while in Service for their Wages or any part of 
them shall be paid by the pay Master when Exhibitted to him to the 
ammount of such officers or Soldiers Wages, & such order with a Rec f - 
thereon indorsed shall be a Sufficient Voucher to the pay master in a Set- 
tlement of his Accompts. Provided always that such be Exhibitted be- 
fore such officer or Soldier may otherwise have received his pay. 

And all like orders which the Captains or other Commanding officers 
have drawn or may draw upon the Treasurer & which are not paid be- 
fore the pay Boles are made up and authenticated shall in Like Manner 
be paid by the pay Master w T ho is hereby directed not to receive any 
other orders for pay until such orders and Receipts as the Treasurer may- 
have are deducted and the Treasurer accounted to for the Same. 

And Whereas there is now a number of Troops in Service & others 
that have been discharged which are not yet paid for their Services, it is 
further 

Resolved that all Such Troops shall be paid by the pay Master in the 
Same manner as is prescribed by the foregoing Resolutions. 

Resolved that the pay Master who shall be appointed be Allowed an 
Adequate" Compensation for his Services, he keeping accounts of his 
Time and necessary expence in such Service. 

6 



66 Board of War — January 1781. 

The preceeding Kules & Regulations read & approved, Whereupon 
Resolved that Thomas Tolman be & he is hereby appointed Pay Mas- 
ter to the Troops, heretofore and in future to be raised for the defense 
of this State for the year Ensuing. 

By order of the Governor & Council, 

Jonas Fay, Secy- P. Tern. 
True Copy Recorded, 

Joseph Fay, Secy- 



RECORD OF THE BOARD OF WAR, JANUARY 1781. 

Minutes of the proceedings of the Board of War, met at Arlington 
Jan. 2 d and held by adjournment until the 10 th inclusive (1781.) 

Tuesday, Jan. 2 d 1781. 

Agreeable to an appointment of the Hon ble the President of this Board 
of War for the Hon ble Board to meet at this place on the 1 st Tuesday in 
January, the same met — Present 

Honble John Fassett Jun. Esq 1 "- ) 
Samuel Robinson Esq 1 "- > Members, 

Benjamin Wait Esq r - ) 

and not being a full Board, adjourned 'till Tomorrow. 

Tho s - Tolman, Secy- Pro Tern. 

Wednesday, Jan. 3 d - — Met according: to adjournment, when the 
Hon ble Tim - Brownson Esq r - President appeared and took the chair. 

But there being not yet a lull board, adjourned till Tomorrow. 

Tho s Tolman, Secy- Pro Tern. 

Thursday, Jan. 4 th - — Met according to adjournment, when Stephen 
Pearl Esq r - appeared and took his seat at the Board. 

The Board proceeded to business by order of the President. 

Resolved that Tho s - Tolman be appointed Secy- Pro Tern to this Board 
during y e present sitting of this Board. 

And upon motion made 

Resolved, that the nay for Jonathan Fassett Esq r - late Comis^ of Pur- 
chases be £V6 10 p r - month, he to find his own Horse, and be allowed 
reasonable expences for himself and Horse, exclusive of his pay. 

Resolved, that Elisha Clark Esq r - late Commissary of Issues be allowed 
.£8 per month, and 3 rations p r - day — and that Mess rs - Eli Cogsell, Lyman 
Chase & Amos Bicknel, late Assistant Commissaries of Issues, be allowed, 
each, £5 8 p r - month and two rations p r - day. 

Resolved, that Cap*- Joseph Sarford late Barrack master be allowed 
while in actual service £7 p r - month, & 2 rations p r - day. 

Resolved, that Mr. Gershom Beach, armourer, be allowed while in 
actual service £7 p r - month and 2 rations p r - day. 

Adjourned 'till 12 0the Clock on Wednesday [Monday] next. 

Tho s - Tolman, Secy- Pro Tern. 

Monday, Jan. 8 th — Met according to adjournment, when the Hon ble 
Joseph Bowker and Samuel Fletcher Esq rs - appeared and took their seats 
at the Board,— Stephen Pearl Esq r - not present, — and after deliberating 
upon sundry matters of Importance without entering into any Resolves, 
adjourned till Tomorrow morning 9 °clock. 

Tho s Tolman, Secy- Pro Tern. 

Tuesday, Jan. 9 th - — Met according to adjournment, when Stephen 
Pearl Esq 1- - appeared and took his seat at the Board. 

The Board proceeded to consider the state of the frontiers, Whereupon 

Resolved, that for the defence of the frontiers of this State for the 
ensuing Campaign there shall be one Regiment of Infantry raised, (to 



Board of War — January 1781. 



67 



continue in service until the 15 th day of Dec™ 1- - next, unless sooner 
discharged,) which shall consist of one L* Col - Comm dt > 2 majors, 9 
captains, 18 subalterns, 1 Surgeon, 1 Surg s - mate, 1 Serg*- Maj r ' 1 Quarter 
Mas 1 - Serg*- 36 Serjeants, 1 Drum Maj., 1 Fife Maj r > 8 Drummers, 8 Fifers 
& 612 Rank and File. 

Resolved, that 1 Adj #t - and 1 Q r - Mast r - be appointed by the L 1 Co 1 - 
Commandant out of the 18 Subalterns, To be allowed each £2 p r - month, 
in addition to their pay in the Line. 

Resolved, that each company shall consist of 1 Cap 1 - 1 first Lieu 1 - 1 
second Lieu 4 - 4 Sergeants, 1 Drummer, 1 fifer, and 68 Rank and File, 
and that the Drums and fifes Major be annexed to the 1 st Company in 
the Regiment. 

Resolved, That the Field, Staff and Commissioned Officers appointed, 
with their rank, Pay & Rations, shall be as follows, namely: 



Names. 



r^ ( Samuel Fletcher, 
J J Benjamin Wait, 
P? I Ebn r - Allen, 
f Jesse Sawyer, 

William Hutchins, 

Jesse Safford, 

Jonas Galusha, 

John Powell, 

Nathaniel [Nehemiah] Lovell, 6 th 



Bank. Pay p r - 

month. 
U Col - Comm dt ' £15 



1 st Major, 
2 d Major, 
1 st Captain, 



[James] Blakesley, 
James Brookins,' 
Josiah Fish, 
Zebulon Lyon, 
Gideon Spencer, 
Bariab Green, 
Nath 1 - Holmes, 
.§ ■{ Josiah Wright, 



7th 
8 th 
9 th 
1 st 



do. 
do. 
do. 
- do. 
do. 
do. 
do. 
do. 
first Lieut. 



^ 



Benjamin Everist, 
Moses Evans, 
Elias Hall, 

Ebenezer Hoisington, 

Benjamin Stevens, 



2 d first do. 

3 d first do. 

4 th first do. 

5 th first do. 

6 th first do. 

7 th first do. 

8 th first do. 

9 th first do. 

1 st second Lieut. 

2 d second Lieut. 

3 d second Lieut. 

4 th second Lieut. 

5 th second Lieut. 

Noah Chittenden, 6 th second Lieut. 

David Powers, 7 th second Lieut. 

John Boardman, 8 th second Lieut. 

l_ William Post. 9 th second Lieut. 

*fc* \ Nath L Dickinson, Surgeon 

g| 1 John Hazleton, Surgeon's Mate 

Resolved, that the L*- Col - Commandant and Maj r - Benjamin Wait 
be directed to nominate such Gentlemen as they shall judge worthy to 
fill the several places of a 6 th first Lieut., a 1 st second Lieut., a third 
second L* and a fifth second Lieut, agreeable to the above vacancies, 
and make returns of the Gentlemen thus chosen, with their several 
Ranks, to the Captain General, in order that they may be Commissioned 
accordingly. 



12 

10 

8 

do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
£5 8 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
£10 



Bations 
p r - Day. 
No. 6 

5 

4 

3 

do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 

2 

do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 

3 

2 



68 Board of War — January 1781. 

Kesolved, that the pay and Rations of the officers commence 14 days 
before the day of their entering into actual service, and that each Officer 
be allowed p r - month, for each retained Ration not drawn in Provisions, 
£1. 

Adjourned 'till Tomorrow morning 8 othc clock. 

Tho s Tolman, Secy- Pro Tern. 

Wednesday, Jan. 10 th - — Met according to adjournment, and proceeded 
to business by order of the President — and upon motion made that the 
Board proceed to the method of raising the Troops to fill the Regiment 
of Infantry, resolved to be raised yesterday, 

Resolved, that the several Militia Regiments within this State raise 
the following quotas of able bodied and effective men (viz.) Col - Samuel 
Fletcher's Reg 1 - 152 men, Col. Samuel Merrick's 112, Col - Ebenezer 
Woods 99, The 4 th Regiment as it stood before the last session of 
Assembly 111, Col - Ebenezer Allen's 83, and Col - Ira Allen's Ill- 
Total 668. 

Resolved, that each town furnish their proportion of men (agreeable 
to the foregoing Resolve) equipt, and ready for the field by the 10th day 
of February next, who shall march to the several places of Rendezvous 
of their respective officers, and be allowed, each, Pay 14 days, next 
before the day of marching from their respective towns. 

Resolved that the pay of the Non Commissioned officers and Privates 
p r - month shall be as follows, (viz.) 
Serg 1 - Maj r - 
Q r - M r - Serg'- 
Serjeants each, 
Drum Maj' r 
Fife Maj ?r 

Resolved, that the Equipment of a non Commissioned officer and 
Soldier (exclusive of his Blankets & Cloathing) shall be as follows, (viz.) 
1 Good Musquet, | 1 Powder [flask or horn,] 

1 Good Bayonet or Tomahawk, 1 Bullet Pouch, and a sufficient 

1 Good Knapsack, Tump Line ! (or Sling for Packs.) 

And whereas the Board consider it impracticable to appoint officers 
within the Bounds of the several militia Regiments in Exact proportion 
to the several Quotas of men raised by the same, 

Resolved, That Col - Fletcher's and Col - Herrick's Regiment of militia 
compleat as many full companies as their Quotas will admit, and the 
Remainder, if more than half another full Company to be joined by, or 
if less than half another full Compauy to join themselves to the Quota 
of the next adjoining Regiment, who shall form Companies, and dispose 
of their Remainders in like manner, until the nine Companies be equally 
Compleated. 

Resolved, that this formation of Companies, together with the arrange- 
ment of the officers to Each Company be under the direction of the J> 
Col - Commandant, with the advice and consent of the other Gentlemen 
officers appointed. 

And whereas it will be necessary, as well to avoid the needless cost of 
marching ineffective men into the Camp, as to prevent the after Trouble 
to the Towns who shall in this respect appear deficient, 

Resolved, that previous to the marching of the men from the several 
towns, there shall be a review made by such officers of the Regiment as 
reside in the said Towns respectively, whose duty it shall be to accept 

x Tump line— a strap placed across the forehead to assist a man in 
carrying a pack on his back. — BartletVs Dictionary of Americanisms. 



£3 




Drummers, each, 


£2 


1 


3 




Fifers, each, 


2 


A 


2 


8 


Corporals, each, 


2 


4 


2 


8 


Privates, each, 


2 




2 


8 









Board of War — January 1781. 69 

none but able bodied, effective and well equipt men, and such as in their 
judgment are equal to, and capable for the service of a Campaign, and 
who shall pass in a General Muster of the Reg L after their arrival in 
Camp by the muster master — and in case where towns have no officer 
appointed within the same to review the s-ime previous to marching as 
above directed, 

Resolved thai the I> Col Commandant and Major Benjamin Wait be 
directed to appoint such officer or officers as they shall judge best, to do 
said duty in such Towns. 

And whereas it will be necessary that the Regiment of Infantry 
ordered to be raised be regularly mustered in Camp and enrolled in a 
muster master's office, 

Resolved, that Thomas Tolman be, and he is hereby appointed Muster 
Master, whose duty it shall be to muster said Regiment as often, and in 
such manner, as the Captain General shall direct, and that he be allowed 
while in such service Six Shillings (6|) per day and 3 Rations; anc^ 
that all Returns from the said Reg*- shall be made to the Cap 4 - General, 
as often, and in such manner & form as he shall from time to time direct. 

And Whereas it will be necessary for equally securing the Jb rontiers 
of the two Counties that a part of this Regiment be detached, 

Resolved, that a detachment of three full companies under the 
Command of Major Benjamin Wait be Stationed in the frontiers of the 
County of Cumberland until further orders from this Board or the Cap 1 - 
General, and that the Lieu 1 - Colonel Commandant, with the advice of 
Major Wait, shall direct those companies in the Regiment who shall be 
thus detached. 

Resolved, that the surgeon's mate, Serj 1 - Major & Q. M 1 - Serjeant shall 
be annexed to do duty in Maj r - Wait's detachment, until further orders. 

Resolved, that the Captain General be requested to issue his necessary 
orders, to put into effectual execution the foregoing Resolutions of this 
Board. 

Resolved, that the preceding Resolutions of this Board for the defence 
of the frontiers of this State the ensuing Campaign, be published three 
weeks successively in the Vermont Gazette. 

Resolved, in case either of the Majors who now Stand appointed shall 
not choose to accept, that Maj r - Isaac Clark be appointed to supply such 
vacancy, and the Captain General is requested to Commission him ac- 
cordingly. By order of the Board, Tho s - Tolman, Secy- Pro Tern. 

Bennington, 9 th Jan. 1781. 

Sir, — Cap*- Putnam was yesterday with me (supposing that I was yet 
a member of the Board of War,) and has mentioned at the same time 
the services he has rendered this State in the capacity of Q. M. altho his 
appointment to that place was by the authority of the Continent. His 
services while acting in such Capacity, as far as come to my knowledge, 
were uniform, and such as merited him applause. It has been since sug- 
gested that in some degree he has been opposed to the establishment of 
this State — which has not sufficiently been proved to me. 

It is well known that he has suffered in the present War by being 
drove from his possessions, and reduced to the necessity of obtaining a 
support of Himself and family by serving this or some other State in a 
Public capacity. As he has heretofore served with good acceptance, un- 
less you can be fully satisfied that he has by his conduct forfeited the 
confidence of the State, I wish in his suffering condition he may have 
an appointment adequate to his merits. 

I am, Gentlemen, your most ob*- humble servant, 

Jonas Fay. 

Hon ble Timothy Brownson. 



70 Governor and Council — February 1781. 

Debenture of the Board of War met at Arlington Jan. 2 d 1781 and con- 
tinued by adjournment until the 10th inclusive. 
To the Hon. Timothy Brownson Esq. President, 5 days at 7 1 £1 15 
8 miles travel at 4d. 2 8 



Rec d - pr Tim° Brownson, 1 17 8 

Hon. Joseph Bowker Esq. 3 days 21 1 45 miles travel 15 1 1 16 

Rec d - pr Joseph Bowker. 
Stephen Pearl Esq. 3 days 21 1 double travel Amt. 40 

miles, at 4d Rec d - pr. 1 14 4 
Hon. Samuel Fletcher Esq. 3 days 21 1 42 miles travel 14 1 

Ree d - pr. 1 15 
John Fassett Esq. Jun r - 6 days 42 j 2 miles travel at4d. Rec d - pr. 2 2 8 

Benj. Wait Esq. 6 days 42 ] 80 miles travel, 26 j8 Rec d pr. 3 8 8 

Samuel Robinson 6 days 42 1 28 miles [double] travel 9|4 2 11 4 

Rec d - pr me. 

Total £15 5 8 
The above is a true Debenture. 

Attest, Timothy Brownson, President. 



JOURNALS OF COUNCIL 



AT THEIR 



SESSION HOLDEN AT WINDSOR FEB. 8 th 1781. 
[with the adjourned session of the general assembly.] 



State of Vermont. In Council, Windsor 8 Feb^- 1781. 

At a meeting of His Excellency the Governor and the Honorable 
Council, the Legislature being Convened according to Adjournment — 
Present His Excellency Thomas Chittenden Esq r ' His Honor Benjamin 
Carpenter Esq r - Lt. Gov r - and the following Members of the Hon ble Coun- 
cil, viz 4 - Hon blc Joseph Bowker, Timothy Brownson, Paul Spooner, Ben- 
jamin Emmons, Ira Allen, John Throop, John Fassett, [jr.,] & Tho 8 - 
Chandler [jr.] Esq re - 

Resolved that Thomas Tolman be & he is hereby appointed Sec^- Pro 
Tempore. 

A memorial from Doctor Thomas Clark was read, whereupon the 
Hon ble Ira Allen Esq 1- - [was] appointed a Committee from the Council to 
join a Committee from the house to take under Consideration the me- 
morial. 

A Letter Inclosing sundry papers to be Laid before the General As- 
sembly signed Elisha Payne Chairman in behalf of a Committee ap- 
pointed by a Convention held at Charleston [Charlestown, N. H.,] on the 



Governor and Council — February 1781. 71 

16 of January Last was read, and upon a request from the house the 
Council joined them in a Committee of both houses to Confer on the 
Subject of said Letters. 1 
Adjourned to 9 °Clock Tomorrow. 



Feb. 9 th 1781. 
Met according to Adjournment. 

The Hon ble Samuel Fletcher Esq r - attended and took his seat in 
Council. 

The Council having Attend[ed] on a Committee of both Houses until 
10 ^lock- 
Adjourned until 2 °Clock P. M. 

Met according to Adjournment & again joined the House in a Com- 
mittee of the whole until 6 °Clock and then Adjourned until 9 °Clock 
Tomorrow. 



Windsor 10 Feb. 1781. 

Met according to Adjournment and after Attending in a Committee 
of the whole until 11 "Clock the Committee adjourned & the Council 
proceeded to business. 

A bill Entitled an Act for quieting the disorders prevailing in this 
State was laid before the Council, whereupon a Committee was appointed 
to join a Committee from the House for the purpose of Making such 
Alterations & amendments as they shall judge Necessary in said bill 
and make their Report. Members chose the Hon ble Samuel Fletcher & 
John Fassett, [jr.,] Esquires. 

Adjourned until 9 °Clock Monday next. 1 



Feb. 12 th 1781. 

Met according to Adjournment. 

A petition Signed David Haynes, Elisha Downs & sixteen others, in- 
habitants of Bennington [was read.] 

A petition signed Nathan Roberts was read. 

An act passed the General Assembly entitled an act to prevent a Mul- 
tiplicity of Law Suits was read. 

Adjourned to 2 °Clock P. M. 

1 Both Houses met in Committee of the Whole from time to time, until 
the unions of the forty-three New Hampshire towns and sundry districts 
of New York were effected. For the action of the Committee of the 
Whole, and of the General Assembly, with other documents on this 
subject, see Appendix H. 

1 From the Record of the Board of War: 

In Board of War, Arlington, Feby- 10 th 1781. 

On the Representation of Mr. Joseph Foster of Barnet and others 
Respecting that frontier, 

Resolved, that L.eut. Beriah Green raise by Voluntary Inlistment 
thirty able bodied effective men Every way Equiped for war with Snow- 
shoes to march Immediately, to continue in service one month unless 
sooner discharged, their pay to be the same as other Troops in this 
State's service. Their Pay to. commence Ten days before they march. 

Resolved, That Cap*- John Strong ass 1 - C. P. Procure Sixty Tin Kittles 
or other Pots & Kittles Equivilent for Camp Equipage. 



72 Governor and Council — February 1781. 

Met according to Adjournment. 

A petition of John Barret & others to the number of 31 was read re- 
questing the General Assembly to Grant Liberty for making a Lottery 
for the purpose of Erecting two Bridges the one in Springfield over 
black river, & the other in Rockingham over a river by the name of 
Williams river, upon which a Committee of one was appointed to join a 
Committee of five from the House to Consider said petition and make 
report. Choose the Hon ble John Throop Esquire. 

A Resolve of the General Assembly appointing a Committee to re- 
ceive and inquire into the petition from the Several Towns respecting 
an over taxation was read whereupon a Committee of one was appointed 
to join said Committee of the House. The Gentleman choosen Hon ble 
Tim - Brownson Esquire. 

Resolved that the Hon ble Benjamin Emmons Esq r - be appointed to 
join a Committee from the House for the purpose of prepairing a bill to 
be Laid before the General Assembly directing the Committee of Pay 
Table what sums shall be paid for the several Militia [services] done in 
this State in Alarms. 

Deacon Dudly Chase prefered a Verbal petition to his Excellency & 
Council in behalf of the Proprietors of Bethel — That when the Charter 
of Royalton is given out it may not infringe on the s d - Bethel, he having 
causes of fear that might be the case unless due care be taken in discrib- 
ing said lines. 

Council Adjourned to 8 °Clock Tomorrow. 



February 13 1781. 

Met according to Adjournment. 

An Act to prevent a Multiplicity of Law Suits was again read & Con- 
curred. 1 

A Resolve of the General Assembly appointing a Committee of Elevin 
to join a Committee from the Council to report their opinion to the 
House where the Frontier lines shall be established the Ensuing Cam- 
paign, was read — whereupon the Hon ble Timothy Brownson & Paul 
Spooner Esquires were appointed a Committee to join said Committee 
from the House. 2 

A resolve of the General Assembly appointing a Committee of three 
to arange the business that is Likely to be done this Session & report to 

1 This act permitted offsets on the most liberal scale. If one person com- 
menced an action on contract against another, all matters of like char- 
acter between the parties could be settled by the suit. For act, see 
Slade's State Papers, p. 423. 

2 From the Assembly Journal, Feb. 13 1781 : 

Resolved that a Committee of eleven to join a Committee from the 
Council be appointed to report their opinion where the frontier lines 
shall be established the ensuing Campaign. The member chosen M r 
[Benjamin] Whipple, M r - [Abner] Seelye, M r - [Ebenezer] Drury. M r 
[Elisha] Burton. M r - E. [Elihu] Smith, M r - J. [John] Powell, Col - 
[Thomas] Lee, Maj. [Benjamin] Wait,* M r - [Roswell] Post, M r - C. [Cal- 
vin] Parkhurst, and M r - A. [Amos] Robinson. 

Resolved that a Committee of three be appointed to make such neces- 
sary alterations in the instruction of the Board of War as they shall 
judge best and Report to this House. The members chosen M r - Ward 
2 d . [William, of ISTewfane,] M r - [Samuel] Bartlet, and M r - [John] Powell. 

• Col. Lee and Maj. Wait were not members of the Assembly. 



Governor and Council — February 1781. 73 

the House was read, whereupon the Hon ble John Throop & Ira Allen 
Esquires were chosen a Committee [to join the Committee] from the 
house. 

Council Adjourned until 2 °Clock P. M. 

A Report of a Committee upon John Chandler's selling Lands in 
Tomblinson, [Tomlinson, now Grafton,] was read & Concurred. 1 

Adjourned to 8 °Clock Tomorrow. 



Feb. 14 th 1781. 

Met according to Adjournment. 

A remonstrance Signed Thadeus Wait, William Hall, & Silas Wait, 
was read. 

A Resolve of the General Assembly equitting & releasing the Charter 
fee of Joseph Kneeland in the Township of Randolph was read where- 
upon the following was indorsed on said bill and Transmitted back to the 
House viz 1 - 

In Council Feb*- 14 th 1781. 

The Council having taken into their due consideration the within Re- 
solve & altho they have a tender feeling for and are sincearely will- 
ing & desirous as in them lies consistent with Justice to the State in 
General to release the distressed yet as the Similar Sufferings of the 
Inhabitants of this State are so numerous they cannot see sufficient rea- 
son for the Grant made in this bill (at this Time) unless the General 
Assembly have it in their power and have a desire to Grant immeadiate 
relief to all those whose Misfortunes have been to Suffer loss of property 
in any degree more or less in the Present War. 

Thomas Tolman, Secy- P. Tern. 

An act entitled an Act in alteration of an Act entitled an Act concern- 
ing Delinquents was read & Concurred. 

Council Adjourned until half after 1 °Clock P. M. 

Met according to Adjournment. 

A petition Signed Philip Smith was read. A Report of a Committee 
on Capt. Lees Petition was read. 

Resolved that a Committee of three be appointed to join a Committee 
from the House for the purpose of Waiting upon the Committee ap- 
pointed by a Convention held at Charleston [Charlestown, N. H.,] with 
a Report of a Committee of boath Houses of this State, upon the sub- 

1 Chandler had been attorney for Thomas Apthorp, who was owner of 
nine thousand acres of land in Tomlinson [Grafton.] After Apthorp 
had joined the enemy, Chandler conveyed this land by deed. The re- 
port and resolution of the House declared the fee of this land to be in 
the State, and required copies of Chandler's deed, and the power of 
attorney given to him by Apthorp, to be filed in the office of the clerk 
of the Assembly. John Chandler was the oldest son of Thomas 
Chandler senior, of Chester, and came to Vermont with his father in 
1763, and held several offices under New York until Feb. 25, 1772, when 
he was removed from the office of clerk of Cumberland county for mis- 
conduct. The transaction noted on the journal of the General Assembly 
indicates that his bad habit in business matters was strongly fixed. B. 
H. Hall said, little is known of his future career. — See Eastern Vermont, 
p. 638. 



74 Governor and Council — February 1781. 

ject of Jurisdictional Claims, this day Brought in— members chosen M r 
Allen, M r - Emmons, & M r - Fassett. 

Attest, Thomas Tolman Se&- P. Tern. 

Adjourned to 9 °Clock Tomorrow. 1 

In Council Feb. 15 th 1781. 

Met according to Adjournment. 

Resolved that it be recommended to the General Assembly, that the 
further Consideration of the Jurisdictional Claims laid & passed in boath 
Houses yesterday be postponed until the next Session of this Assembly, 
& that an Agent be appointed and fully authorised, Immeadiately to 
Wait upon the Legislature of the State of N. York now Convened in 
Albany to agree upon and establish the line between this State & the 
State of N. York. 

Attest, Thomas Tolman, Secy- P. Tern. 

Resolved that this Council do recommend to the House that they do 
as Little business at this Session as may be, aranging & doing that which 
may be absolutely necessary at present & that they agree on some place 
to Adjourn to and Leave it with his Excellency with the advice of Coun- 
cil to call the Assembly when Necessary by Advertisement or otherwise 
when he may have returns from the Several States to which Letters are 
gone, 2 & further knowledge may be had respecting the War. 

Attest, Tho s - Tolman, Secv- P. Tern. 

Adjourned to 2 °Clock P. M. 

Met according to Adjournment. 

A Resolve of the House appointing a Committee of two to join a Com- 
mittee of Council for the purpose of Waiting upon the Committee of the 

1 From the Assembly Journal, Feb. 14 1781: 

The Committee appointed to report their opinion to this House where 
the frontier lines shall be established the ensuing Campaign brought in 
the following Report, viz. 

" That the line of defence on the west side of the Green Mountain be 
established at the forts of Pittsford and Castleton, by no means to be drawn 
further to the south unless by urgent necessity by the opposition of a 
superior forcr of the Enemy &c. and that a Committee be appointed on 
the west side the mountains by this Assembly with full power to remove 
the line from Castleton to the narrows on the lake or elsewhere if it shall 
be found proper to act in conjunction with the troops from N. York if 
any such should arrive at said narrows &c. 

** That the troops destined to guard the frontiers on the east side of 
the Green Mountains be from time to time under the direction of a Com- 
mittee elected on the east side the said mountains, and that the said 
Committee take to their assistance in either of the aforesaid instances 
the officers commanding the several detachments. 

Benj a Whipple, Chairman." 

The aforesaid Report was read and accepted and 

Resolved, That Col - Gideon Warren, Col - Tho 8 - Lee and M r - Ithamer 
Hibbard in the West side of the Mountains, and Cap 4 - Abner Seelye, Benj a - 
Emmons Esq r - and Cap*-. Elisha Burton on the east side of the mountains 
be and they are hereby appointed the Committees for the purposes men- 
tioned in said Report. 

2 Referring to the letters of Governor Chittenden to the Governors of 
New York, New Hampshire, Massachusetts, Connecticut, and Rhode 
Island.— See Appendix Q. 



Governor and Council — February 1781. 75 

Cornish Convention l with a Letter Signed Beza [Bezaleel] Woodward, 
this [day] rec d - whereupon a Committee of two was appointed. Mem- 
bers chosen M r - Brownson and M r Allen. 

A petition Signed Sarah Simonds requesting Liberty to go to Canada, 
was read [as] passed the House. Granted & Concurred. 

Adjourned to 9 "Clock Tomorrow. 

Windsor 16 Feb v 1781. 
In Council, date above. 
Met according to Adjournment. 

A resolve of the Geweral Assembly appointing a Committee of Two to 
join a Committee from the Council to wait on the Convention Now Sit- 
ting at Cornish with the report of the Committee to propose an answer 
ti the request of said Convention was read, whereupon M r Allen was 
chosen as a Committee from the Council for the ^aid purpose. 

Attest, Thomas Tolman, Secy [P. Tern.] 

A Kesolved of the General [Assembly] of the following purport was 
read, viz 1 - 

State of Vermont. In General Assembly, 
Windsor, Feb. 16 1781. 
Eesolved that two persons be appointed & added to the Board of War, 
the Members chosen by ballot are the Hon ble Benjamin Emmons Esq r - 
and Major Joseph Tyler. 2 

Extract from the Joui nals, Ros L - Hopkins, Clerk. 

Read & approved in Council, 

Thomas Tolman, Secy- P. Tern. 
The following Resolution was also read viz 4 - 

State of Vermont. In General Assembly, ) 
Windsor, Feb?- 16 1781. S 

Resolved that Instead of Instructions Given to the Board of War in 
the last Session of this Assembly, empowering them to raise Troops for 

1 The Charlestown Convention had adjourned to Cornish, N. H. 

2 Joseph Tyler came from Upton, Mass., and commenced the first 
settlement in Townshend in 1761. He was a patriot from the opening 
of the revolutionary war. In Nov. 1775 he was nominated by represent- 
atives of the towns in Cumberland county as first major of a regiment 
of minute-men, and was confirmed by the New York Committee of 
Safety in January 1776. He was a delegate for Townshend in Cumber- 
land county Committee of Safety from June 1776 to June 1777, when the 
people of his town instructed him not to act in that capacity " agreeable 
to the new constitution of the State of New York, because it is our opin- 
ion that we do not belong to the jurisdiction of that state," &c. It 
seems that he had been friendly to the Vermont movement for some 
months, as in October previous he had been appointed by the Westmin- 
ster Convention one of a committee of eleven to complete the work of 
obtaining signatures in Cumberland and Gloucester counties to the Ver- 
mont " Association," which pledged the signers to opposition to Great 
Britain. In Feb. 1781 he was made a member of the Vermont Board 
of War, as above. He represented Townshend in the General Assembly 
in 1783 and 1784.— See Vol. i; B. H. Hall's Eastern Vermont; and Deal- 
ing's Catalogue. 



76 Governor and Council — February 1781. 

the defence of this State, for a Term not Exceeding Nine Months, they 
be Impowered to raise such Troops for Eleven Months, & that the said 
board be authorized to Appoint a Commissary or Commissaries of Issues 
as they shall Judge necessary, and that they be authorised to direct 
the Commissaries of Purchase to provide such Camp utensils as they 
shall find necessary. 

Extract from the Journals. Attest, R. Hopkins, Clerk. 

Read & Concurred in Council. 

Attest, Thomas Tolman, Secy- P. Tern. 

Resolved that the Treasurer be directed to receive of Captain William 
Gallup Loan Office Certificates or Notes and his own Receipts to the 
amount of £1,118 13 6 for Confiscated Lands he has sold and pay to said 
Gallup ,£29 19 6, the Ballance due to him as by his account which was 
in Continental money the 26th of March 1778. 

N. B. — The above mentioned ammount to the above sum without In- 
terest, which Interest ammounts to -£10 10 in like money. 

The following is taken from a Manuscript Exhibitted by Captain 
[William] Gallup & Recorded in the journals by his particular request, 
viz 4 - 

We the Subscribers being appointed by M r - William Gallup of Hert- 
ford [Harlland] in the State of Vermont to appraise certain Lotts or 
parcels of Land belonging to Whitehead Hicks (& gone over to the 
Enemy,) agreeable to a Vote of the Hon ble House of Representatives of 
said State in March Last, have viewed and appraised sundry Lotts as 
follows being sworn to the faithful discharge of the Trust &c, viz*- one 
Lot the property of Stiversant 1 JST°- 6, second Range, containing 300 
acres Price 6 [ Per acre, Purchased by John Sumner & Nehemiah Lis- 
comb. 

One lot the property of Stiverstant 3 range N°- 7 288 acres price 7 1 
p r - acre, Purchased by Elias Wild & John Grove. 

one Lot, the Property of the said Stiverstant N°- 5 3 d Range 300 acres 
price 7 1 purchased by James Dinnen. 

one Lot, the property of White Head Hicks N°- 3 4 Range 300 acres 
price 7 j Purchased by Samuel Grove. 

one Lot the property of said White Head Hicks N°- 4 3 d Range 300 
acres — Purchased by Daniel Buggbe the 2 d — Price 7 1 p r - acre. 

one Lot the property of the aforesaid Stiverstant N°- 4 R 4, 300 acres 
7 1 p r - acre — Purchaser William Cot'er. 

one of White H. Hicks aforesaid N°- 4, 2 d Range 300 acres price 6 1 6 
— Purchased by D. Short. 

one of Stiverstante N°- 2— 3 d Range 300 acres price 6 1 6 p r - acre, Pur- 
chased by Benjamin Hayward. 

one of White Head Hicks aforesaid N°- 2, 5 th Range 329 acres Price 7 1 
p r - acre, Purchased by William Gallup. 

Elnathan Walker 1 Lot 2 d range White H. Hicks containing 193 acres 
6 1 6 p r - acre. 

The above & foregoing is a true return of our doings as appears lits 
[lists] pr. us. 

Matthias Rust, \ Ar)r)raisers 

Charles Spaulding, \ appraisers. 

Recorded by order of Council. 

Attest, Tiio^ Tolman, Secv- P. Tern. 

Council Adjourned until 2 °Clock P. M. 

1 Perhaps Stuyvesant. 



Governor and Council — February 1781. 77 

Met according to Adjournment. 

A resolve of the General Assembly appointing a Committee of nine 
to join a Committee from the Council to Confer with the Committee 
appointed by the Convention now sitting at Cornish upon the Terms of 
a Union between the State of Vermont and the Inhabitants of the 
Hampshire Grants East of Connecticut river to the Mason Line, was 
read, whereupon a Committee of four was appointed. Members chosen 
M r - Allen, M r - Fassett, M r - Spooner and M r Emmons. 

Attest, Thos. Tolman, Sect/- P. Tern. 

Council Adjourned until 9 Tomorrow morning. 



February 17 th 1781. 
Met according to Adjournment — not a quorum by reason of being 
detached into Committees. 
Adjourned Until 9 "Clock Monday Next. 



Windsor 19 Feb? 1781. 

Council met according to Adjournment, And after [having] deliberated 
upon sundry Matters of Importance which are not required to be Entered 
on the journals, the Council adjourned to 2 °Clock P. M. 

Met according to Adjournment. 

Resolved that the Committee for receiving the Granting fees for the 
Lands Granted Last October are directed to receive from the Proprietors 
of the Township of Rochester Two Hundred Bushels Wheat into Some 
proper Stores at Norwich, Hartford & Windsor at 6 | p r - Bushel Towards 
said Granting fees. 

A Resolve ot the General Assembly appointing a Committee of three 
to join a Committee from the Council to report their opinion upon a 
Petition Signed Samuel Avery was read whereupon a Committee of two 
was appointed to join s d - Committee, Members chosen M r Brownson & 
M r Fletcher. 

Adjourned to 9 "Clock Tomorrow. 1 



1 From the record of the Board of War: 

In the Board of War, Windsor, Feb^ 19 th 1781. 

Resolved that Capt. [Joseph] Farnsworth Commasary of Purchases be 
& he is hereby Requested to furnish all the Troops that are or may be 
in service at the fourt in Bethel or that Vicinity in the service of this 
State. 

Resolved that Lieut. [Beriah] Green be and he is hereby Directed to 
take a Scout of fifteen men with Ten days provision and proseed in the 
most Likely Place to make Discovery of the Enemy to the Lake by the 
way of Onion River unless the Enemy Prevent his Proceeding so far & 
make Return of his Discovery to Major Wait. 

Resolved that Capt. Farnsworth C. P. be & he is Hereby requested to 
furnish Eighty Iron pots or kettles sutible for Camp Equipage & For- 
ward the same to Camp as soon as may be. 

Resolved That Capt. Farnsworth C. P. Store provisions in the follow- 
ing places & Proportion (viz.) The Largest Store in Tinmouth, a small 
Store in Pollet, another in Reuport, another in Dorset, and one months 
provisions for the Troops that may be at Pitsford and Castleton. 

Resolved That Capt. Farnsworth 0." P. Pay be stated at Thirteen 
Pounds p r - month he to furnish his own horse & his Expence to be paid 
when from home he keeping regular accounts of the same. 



78 Governor and Council — February 1781. 

Windsor February 20 th 1781. 

In Council date above. 
Met according to adj 4 - 

A Resolve of the General Assembly appointing a Committee of Five 
to join a Committee from the Council to prepare a bill for a Land Tax 



Resolved that the C. P. be allowed one Clerk, that his pay be tive 
pounds Eight shillings p r - month and two Rations p r - day. 

Resolved That dap 1 - John Strong ass 4 - C. P. Pay be Stated at Nine 
pounds p r - mouth he to furnish his own horse & his Expences to be paid 
when from home he keeping regular accounts of the same. 

Copy of Directions to Mr. Farnsworth for Mr. Strong in Issuing 

Provisions. 

If Cap 4 - Strong for y e time being Issues Provisions as an Issuing 
Commissary (in order for a proper settlement of accounts in the two 
Departments of the purchasing and Issuing Commissaries) he must 
take receipts on the back of provision returns, specifying the Quantity 
of the Provisions issued, and not specify Com s - vs name from whom the 
provisions are Received (but leave a Blank for y e purpose) in order that 
when an Issuing Jommissary shall relieve him, the said Issuing Commis- 
sary shall rec 4 - to him for the Quantity of such provision Returns, and 
the said Issuing Commissary's Rec 4 - shall be a proper voucher to Cap 4 - 
Strong in a Settlement of his acc 4s - with Jos. Farnsworth Esq r - Com s J 
Gen 1 - of Purchases in a proper Channel of a Purchasing Com s y' s accounts. 
By order of y e Board. 

Windsor 19 th Feb>' 1781. In Board of War. 

To Jos. Farnsworth Esq r - C. Gen 1 - of P. 

In the Board of War, Windsor, Feb^- 22 d 1781. 

Resolved that fourt fortitude be the place for Issuing Provisions to the 
Troops for the Winter Campaign in that quarter. 

Resolved that Windsor, Norwich, Woodstock and Newbury be the 
place for Repositing Provisions; that in several other Towns in the 
fronteers the provisions collecting in such Towns be stored there untill 
wanted. 

Resolved That the Purchasing Commissary Purchase one Hundred 
wooden Boles and thirty Pales suitable for Camp Equipage. 

Resolved that the Purchasing Commissary be directed to Purchase 
thirty Camp axes or the metirials to make them with. 

Resolved that in case Capt. [James] Brookings shall when requested 
refuse to serve the Insuing Campaign in a Reg 4 - raising for the defence 
of this State, that Cap 4 - Abr 111 - Salisbury be appointed in his Stead. On 
the refusal of Cap 4 - [Jesse] Sawyer, Cap 4 - John Stark be appointed. That 
Cap 4 - Daniel Comstock be appointed in the place of Cap 4 - [Jonas] Galusha. 
That Lieu 4 - [Charles] Dyer be appointed in the place of in Case Lieu 4 - 
[Nath 1 ] Holmes Refuses. That Lieu 4 - Coffin stand in nomination in 
Case [of] a vacancy of a first Lieut., & insign [Timothy] Mills in Case 
of a vacancy of 2 d Lieut. That Cap 4 - Abner Seely and Cap 4 - [John] 
Benjamin be appointed. Lieutenant [Shubal] Cross, Lieut. [Joshua] 
Church, Lieut. [Samuel] Phipperen [in another entry, Phippen.]* That 
Benjamin Burton be 3 d 2 Lieut. That Mr. Walk of Rockingham be 
armerer to Major Waits detachment. That Major [Joel] Matthews be 
Issuing Commasary. 

Resolved that the Commasary of Purchases be requested to furnish 
fifty pair of snow shoes for Majr. Waits detachment without loss of 
time. 

* These were appointments to fill vacancies in the new regiment of infantry. 



Governor and Council — February 1781. 79 

and make report, was read, whereupon Mr. Bowker was chosen as a 
Committee from this Council. 

Attest, Thomas Tolman, Secy- P. Tern. 

Adjourned until 2 °Clock P. M. 

Met according to Adjournment. 

A Resolve of the General Assembly appointing a Committee to join 
a Committee from the Council to ascertain [in] what Manner this State 
shall make up the depreciation to Captain Lee and his Independent 
Company, being read, 

Resolved that this Council do recommend to the General Assembly 
(as their opinion) that there needs no further order be taken on the 
Subject of Making Good the depreciation of the Wages of those that 
have been in Service but to resolve who shall be entitled to receive such 
priviledge from this State & direct Attested Roles of such persons thus 
entitled, to be exhibitted to the Committee of Pay Table who (unless 
some other Scale is designed by the House) will think it their duty to 
Liquidate such acc* s - agreeable to Such Roles and according to the 
Established Scale of Depreciation and Issue their Warrants to the 
Treasurer accordingly. Attest, Tho s Tolman, Secv- P. Tern. 

Council Adjourned until 9 °Clock Tomorrow. 



In Council Windsor 21* Feb? 1781. 

Met according to Adjournment. 

A Resolve of the General Assembly appointing a Committee of three 
to join a Committee from the Council to assertain in what manner this 
State shall Make up the depreciation in Wages to Captain [then Col. 
Thomas] Lee's Independent Company, &c. was read, whereupon a 
Committee of two was appointed. Members chosen M r - Fletcher and M r 
Brownson. Tho s Tolman, Sec'v- P. Tern. 

A bill upon Highways was read and concurred with, with this alteration 
that in Lieu 'of 5 years for Rodes to be Surveyed by the Compas only two 
years be Allowed. 

A bill postponing the payment of the Charter fees of the rights of the 
following persons in the Township of Randolph viz 1 - Experience Davis, 
Timothy Miles, Zadock Steel & William Evans tor the Term of five years 
was read & Concurred provided that the Granting fees for said rights be 
secured to the State upon the Charter of said Town being Issued. 

Attest, Tho s - Tolman, Sec'v- pro Tern. 

An Act repealing an Act for dividing the 4 th Reg 1 - & forming a 7 th 
Reg*- of Militia was read & Concurred. 

An Act for dividing the first Regiment and Establishing a seventh 
Reg*- was read & Concurred. 

An Act directing County Elections was read & Concurred. 

An Act for Establishing County Towns in the Several Counties in 
this State, & the time for holding Supreme & County Courts therein was 
proposed to the House in Lieu of one Sent from the Assembly. 



Resolved That each man that furnish himself with a good pare of 
snow Shoes be paid for the same on their returning them into the States 
Store. 

Resolved that his Excellency be requested to Call on Col - Fletcher 
and Majr. Wait to enter service. 

Resolved that the Commissary of Purchases be requested to procure 
one Hundred Wooden Boles and fifty Pails for Camp Equipage. [Re- 
peated in the record.] 



80 Governor and Council — February 1781. 

An Act iD addition to & in Alteration of a Certain clause in an Act 
entitled an Act regulating Proprietors Meetings was read & Concurred. 

An Act Continuing Sundry Civil officers as therein Specified Read & 
Concurred. 

A Resolve of the General Assembly appointing a Committee of three 
to join a Committee of Council to Take into consideration the Expedi- 
ency of Emitting a Sum of Money was read whereupon a Committee of 
two was appointed, Members chosen M r - Bowker and M r - Chandler. 

Council Adjourned to 2 °Clock P. M. 

Met according to Adjournment. 

An Act in addition to the Militia Act was read & Concurred. 

An Act directing the payment of the Militia when Called into Service 
read & Concurred. 

Resolved that an order be Drawn by his Excellency upon the Select- 
men of the Town of Westminster for Forty Bushels of Wheat or an 
equivalent in flour to be Dilv d to Mess rs - Spooner & Green they to be 
accountable. 

Resolved that the Treasurer be directed to Call upon such persons as 
have rec d - Guns being the property of this State to return them to him 
at a Limited time (which he may affix by advertisement) or the Yalue 
of said Guns in Money. 

A Survey Bill signed Hazahel Shephard County Surveyor describing 
the Bounds of a tract of Land Granted to Captain Silas Hammilton was 
read, whereupon, 

Resolved that a Charter be Given out accordingly. 

A petition Signed David Haynes, Jonathan Griswould, John Kinsley, 
Caleb Harmon, Joshua Harmon, Medad Persons, Elisha Downs, Elisha 
Nichols, Phinehas Wright, David Powers, Eleazer Hawks, John Law- 
rence, Roswell Mossley, John Smith, Joseph Wickum, Elnathan Hub- 
bell, Rufus Branch & Jedediah Merrill, Praying that the Several Fines 
laid on them by a Judgment of the Supreme Court holden at Bennington 
in the Month "of January Last be remitted them & Each of them, was 
read, & the question being put wheather they be remitted it passed in 
the affirmative. 

Tom Tolman, Secv- P. Tern. 

Adjourned to 9 °Clock Tomorrow. 1 



Windsor 22 d: Feb. 1781. 
In Council, date above. 
Met according to Adjournment. 

A Resolve of the General Assembly appointing a Committee of five 
to join a Committee of Council to prepare Instructions for the Agents 

1 From the Assembly Journal, Feb. 21 1781: 

Col - Stephen Pearl desired to be dismissed as a member of the Board 
of War — Granted. 

From the Record of the Board of War: 

State of Vermont to Col. Stephen Pearl, Dr. 

To attending board of War in Nov. 1780 3 days at 7 1 
" twenty miles travil at 4d. 
" attending a Court of inquiry at Bennington 3 davs in 

Aug. 1781 at 8 j pr. day, 
" 34 miles travil at 4d. 

[Received] Stephen Pearl. 



£1 1 

6 




8 


1 4 
11 




4 



Governor and Council — February 1781. 81 

appointed to Wait on the Legislature of the State of New York was 
read, whereupon a Committee of two was appointed, members choosen 
M r - Throop & M r Emmons. 

A Resolve of the General Assembly appointing the Hon ble Ira Allen 
Esq r - & Major Joseph Fay Agents with full powers and Authority to 
Agree upon & establish the Line between this State and the State of N. 
York was read & Concurred. 

A Resolve of the General Assembly Acquitting Aaron Rising, Tehan 
Noble, Levi Dones, [perhaps Doane,] & Ephraim Noble of Reupert of 
the Several quotors [quotas] of the provision Tax as prayed for by a pe- 
tition signed by the said persons setting forth their Several Losses by 
Fire, was read and Concurred. 

A Resolve of the General Assembly that the articles of Union agreed 
to and proposed by the Committee of this Legislature to a Committee of 
the Convention [at Cornish, N. H.,] be & is hereby confirmed, And as- 
sembly do pledge the Faith of this State that said articles be held sacred, 
was read, and the Question being put whether it be Concurred it passed 
in the affirmative. 

A Resolve of the General Assembly confirming Reuben Harmon of 
Rutland l in some certain Rights of Land was read & Concurred. 

Resolved that the term for the payment of the Granting fees of the 
Township of Wardsborough be postponed til the first Wednesday in 
April next. 

A Resolve of the General Assembly granting the Prayer of a Petition 
signed Daniel West was read and Concurred. 

A Resolve of the General Assembly postponing the payment of the 
Granting fees of the several proprietors under Named of the Proprietors 
of Roy m1 ton for the Term of five years, was read and Concurred — Also 
further Resolved that the time of the payment of the Granting fees for 
the remaining Proprietors of the said Township of Royalton be post- 
poned until the first Wednesday of April next. 

Attest, Thomas Tolman, Sec?- P. Tern. 

Schedule of those persons or proprietors allowed 5 years of payment, viz*- 
Timothy Durkee Heman Durkee Aden Durkee Tim - Durkee Ju r - David 
Fisk Joseph Fisk David Brewster Zebulon Lyon Elias Stevens Robert 
Hendey Calvin Parkhurst James Cooper Joseph Parkhurst Joseph Ha- 
vens Elisha Kent Daniel Rix Gardner Rix Joseph John Rix, Medad 
Benton Nathan Morgan John Billings Benjamin Day Israel Wallow 
[WaldoJ Peleg Parkhurst Phinehas Parkhurst, Jabez Parkhurst Ebene- 
zer Parkhurst Daniel Gilbert Simeon Sheppard Jeremiah Trescott Na- 
thaniel Moss [Morse] Wid°- Sarah Rude [Rood] Isaac Morgan Elias 
Curtis Robert Havens Daniel Havens John Evans Martin Fuller John 
Hibbert & Jonathan Benton. 2 

An Act for quieting disputes concerning Landed property was read 
& Concurred. 8 



1 Perhaps an error: Mr. Harmon resided in Rupert. 

2 This relief was of course granted on account of the burning of Roy- 
alton and the capture of sundry of its citizens in the preceding October. 

8 This act constituted the Governor, Council, and House of Represent- 
atives a court for the trial of cases where two or more charters had been 
made of the same tract of land to different proprietors. For the act, see 
Slade's State Papers, p. 424. 

7 



82 Governor and Council — February 1781. 

State of Vermont. Windsor 22 d February 1781. 
To the Hon hle General Assembly now sitting. — Your Committee ap- 
pointed by the General Assembly impowering them to prepare Instruc- 
tions for the Agents appointed to Settle the Line between the State of 
N. York & this State, beg Leave to report as follows, viz 1 - that it is our 
opinion that it be refered to the Governor & Council to give said Agents 
Instructions & full Power to Settle & Establish the boundary Line be- 
tween the State of New York & this State. 

Benj a Whipple, Chair*- 

In General Assembly 22 d Feb?- 
The above report was read & accepted. 

Attest, Ros L - Hopkins, Clerk. 

An Act for the Division of Counties within this State was read & 
Concurred. 

An Act for the Division of Probate districts in the Several Counties 
was read and Concurred. 
Adjourned until 9 °Clock Tomorrow. 



Windsor, 23 d Feb?- 1781. 

In Council date above. 

Met according to Adjournment. 

A Resolve of the General Assembly appointing a Committee to join a 
Committee from the Council to Consider the Matter of Making up the 
depreciation of Col - Warner's Regiment, and Captain Lee's Company 
was read, whereupon M r - Brownson was chosen as a Committee for the 
purpose from the Council. 

Upon Motion Made that Bryant Brown of Windsor be appointed 
Sheriff in the Room of Major Benj a - Wait for the County of Cumberland 
for the time being, 

Resolved that the said Bryant Brown be & he is hereby appointed for 
the Time being. 1 

Attest, Thomas Tolman, Sec^ P. Tern. 

The question being put who will be bound for the said Bryant Brown, 
John Throop Esq r - & Capt. Joel Ely appeared & in the Presence of His 
Excellency the Gov 1- - Lt. Gov 1- - & Council acknowledge themselves bound 
unto the Treasurer of this State in the just sum of £1000 Pounds to the 
Treasurer of this State. 

The Condition of this obligation (or recognisance) is such that if the 

above said Bryant Brown doth well & truly discharge the duty of Sheriff 

in the County of Cumberland during the time he shall serve, then the 

above Obligation be void & none effect otherwise in full force and Virtue. 

Attest, Thomas Tolman, Secy- P. Tern. 

A Resolve of the General Assembly appointing a Committee to join a 
Committee of Council to Take into Consideration a petition Signed Will- 
iam Williams was read, whereupon M r - Brownson was appointed a Com- 
mittee to join s d - Committee from the House. 

A Resolve of the General Assembly appointing a Committee to join a 
Committee from the Council for Giving Instructions to the Committee 
appointed to direct & Inspect the printing of a Bank of Money was read, 
whereupon a Committee was appointed. Member chosen M 1 '- Fassett. 

A Resolve of the Assembly upon a matter Relating to the Widow 
Sarah Chaffee was read and Concurred. 

1 Maj. Wait resigned this office to enter upon military service. 



Governor and Council — February 1781. 83 

In General Assembly, 23 d - Feb^- 1781. 

Resolved that a Certain tract or Gore of Land Lying & being situate 
on the East side of Wallingford containing by Estimation Nine thousand 
seven hundred acres be Granted to Abraham Jackson Esq 1 '- & associates 
to the number of thirty to be annexed to & Incorporated with the town 
of Wallingford and that the Governor & Council be requested to make 
out a Charter of Incorporation of the Same to the said Abraham Jack- 
son Esquire & his associates on such Conditions and with such reserva- 
tions as they shall [deem] Necessary. 

Extract from the journals, R. Hopkins, Clerk. 

Resolved that the Granting fees for the Gore of Land Granted to Ab r - 
Jackson Esq 1- - & associates to the Number of thirty be nine pounds p r - 
Right & be paid the first day of June Next & to be Settled in three 
years from the s d first da} r of June next which will be in the year 1784. 
Attest, Tho s - Tolman, tSecv- P. Tern. 

State of Vermont, In General Assembly Feb?- 23 d 1781. 

Resolved that there be & hereby is Granted unto Joseph Bowker 
Esq 1 *-' James Claghorn, Jehiel Andrus, & Thadeus Curtis Esq"- & 
Company to the Number of thirty four, the following Tract of Land 
situate and Lying in this State bounded as follows viz 1 - beginning at the 
South east Corner of Rutland thence North 4 D°- East on Rutland East 
line five Miles & 80 Rods to the Southwest Corner of the Township of 
Chittenden, then East 20 D°- North two miles & 100 Rods in the South 
line of Chittenden to Killington West Line to the South west Corner 
thereof— thence East 28 deg s - south five & half miles to Shrewsbury 
south east Corner, thence West four degrees North six miles to the first 
mentioned bounds containing about 8890 acres. The Governor and 
Council are hereby requested to Issue a Charter of Incorporation of said 
Tract unto Joseph Bowker Esq r - & Com?- by the name of Medway 
[afterward Parkerstown, now Mendon,] under such instructions & upon 
Such Conditions as they shall Judge best. 

Extract from the Journals, Ros L - Hopkins, Clerk. 

Resolved that the Granting fees for the Tract of Land Granted to 
Joseph Bowker Esq r - & Corny- by the Name of Medway in number thirty 
four, be Seven pounds Ten shillings, the time of payment the first day 
of June Next & the time for the Settlement of said Land to Be within 
three years from the said first day of June Next. 

Adjourned until 2 °Clock P. M. 

Met according to Adjournment. 

A Resolution of the General Assembly directing the Method of ap- 
pointing representatives read & Concurred. 

A Resolve of the General Assembly Granting Certain Lands to the 
Widow Elizabeth Baldwin was read & Concurred. 

An Act directing County Elections was read & Concurred. 

An Act for the purpose of Emitting a Sum of Money was read & 
Concurred. 

State of Vermont, In General Assembly Windsor 23 d Feb. 1781. 

Resolved that a Grant of Land be made to Col - William Williams & 
associates 26 in Number bounded as follows viz*. East on Willmington, 
Northerly upon Somerset, westerly upon Woodford, and Southerly upon 
a Tract of Land petitioned for by Benjamin Hinshaw [HenshawJ & 
others, Comprising a tract of Four Miles square & that His Excellency 
& Council be requested to Make out a Charter of said Township to Col - 



84 Governor and Council — March 1781. 

"Williams & associates under such restrictions & reservations as they 
may think proper. 1 

Extract from the Journals. 

Attest, Ros L - Hopkins, Clerk. 

Resolved that the Granting fees of the Tract of Land discribed in the 
above Bill in form Granted to Colonel William Williams & associates be 
£10 p r - Right, Time of payment to be June 1 st 1781 and Settlement 
to be made on said Land within three years. 

Attest, Thomas Tolman, Secy- P. Tern. 

State of Vermont, In General Assembly 23 d Feb? 1781. 

Resolved that a Grant of Land be made to Robert Bratten & associates 
7 in Number in the North east Corner of Wliitingham, Including the 
quantity of Two Thousand acres, and the Governor and Council are 
requested to Issue a Charter of said Land under such restrictions and 
reservations as they may think proper. 

Extract from the Journals, Ros L - Hopkins, Clerk. 

Resolved that the Granting Fees to be paid on the Tract of Land 
Granted to Robert Bratten & associates in quantity. 2000 acres as above 
be one shilling p r - acre, the Time for the payment to be on the 1* day of 
June next, & to be settled within three years. 

Attest, Thomas Tolman, Secy- Pro Tern. 

End of Windsor February Session. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT ARLINGTON MARCH 1781. 



Arlington 6 April [March] 1781 . 2 

In Council Arlington date above. 
Resolved thatapplicatiou to Maj r - William Goodrich be made to furnish 
the State of Vermont with six Tons of Lead four Tons of which he is 
hereby Earnestly requested to Diliver to Major Fay at Bennington with 
12,000 Good Gun Flints with all convenient dispatch and the other Two 
Tons and 6,000 Flints to be forwarded to Windsor in said State to be 
Consigned to Major Benjamin Wait. 
Copy del d - to Maj r - Goodrich. Jos. Fay, Secy- 



Arlington 6 March 1781. 

In consequence of your being appointed to Procure some Lead for the 
use of this State which will be attended with Expense, 

You are therefore hereby authorized to Call upon Gentlemen who 
may have money to pay into the Treasury of this State for Lands for 

^earsburgh. 

2 The Council was in session at Windsor from the 4th to the 18th of 
April, and this entry should have been March. 



Board of War— March 1781. 85 

any sum you may have occasion for And your Rec 1 - shall answer on 
Settlement with the Treasurer for Granting fees. 

Tho s - Chittenden. 

Maj r - Goodrich. 

On Motion made for sending the Commissioners appointed to Settle 
the boundary line between the States of N. York & Vermont to Albany 
with Instructions for that purpose, the question being put it passed in 
the Negative, as also not to write any further to General Assembly of 
N. York at present. 

Adjourned to 9 °Clock Tomorrow. 

March 7 tb - April 1781. 1 

Council met according to Adjournment. 

On application made to this Council by Captain Rayment [Raymond,] 

Resolved to authorize the Town Clerk of the Town of {Stamford as 
follows viz'- 

To Israel Mead Town Clerk for the Town of Stamford, This is to 
authorize & fully to empower you in your Capacity of Town Clerk to 
administer the Oath of Alegiance to any Gentleman inhabitant of said 
Town of Stamford that may [apply] during your continuance in sd Clerk's 
office, as Also the oath prescribed in the Constitution of this State to 
Each respective officer Legally chosen in a Lawful Public Town Meeting, 
as Also the Oath of Alligeance & the freemans Oath to any Inhabitant 
of said Town who is or may in future be entitled to it by the Constitution, 
until some other proper Authority be appointed & Empowered in said 
Town. By order of Gov & Council, 

Copy Delivered. Joseph Fay, Secy- 2 

Resolved that two- Agents be appointed to proceed to Albany and 
make Enquiry with regard to the Measures pursued by the State of N. 
York for the defence of the Northern Frontiers & Report to this Coun- 
cil. Col - Ira Allen & Major Joseph Fay is hereby appointed for the 
above purpose. 3 



RECORD OF THE BOARD OF WAR. 

In Board of War, Arlington, 8 th March 1781. 

Sir: — I am directed to request you to give your answer whether you 
accept of your appointment as Capt n - in the Reg*- of Rangers or d - to be 
raised. Your answer is Expected in half an Hour or it will be taken 
in the negative. 

To Cap 1 - J. Sawyer.* 

Whereas a number of the officers appointed by this Board on the 9 th 
day of Jan. last have declined serving agreeable to their appointment, 

1 So on the record. See foregoing note. 

8 This became necessary to prepare for an election of the first justice 
of the peace in Stamford, which had been fixed by the General Assembly 
for the last Tuesday in March 1781. 

3 The same gentlemen had been selected as agents to settle the boun- 
dary line, and it is not unreasonable to suppose that while inquiring as 
to the defence of the frontier, they would have eyes and ears for whatever 
might be done or said in reference to other Vermont affairs. 

4 Jesse Sawyer was appointed the first captain in the new regiment of 
infantry on the 9th of January preceding. 



86 Board of War— March 1781. 

Resolved, that the following persons be appointed in their Room, (viz.) 

Capts. — Daniel Comstock, John Stark. 

1 st Lieut.— George Saxton. 

2 d do. — Thomas Rowley, Jun r - 

And that the towns of Pownal and Shaftsbury be requested to nomi- 
nate for each town one first and one second Lieut, and make returns of 
such nomination as soon as may be to the Cap*- General. 

Resolved that this Boa.d do hereby Recommend That the Capt D 
General or d - Cap*- Hutchings & Lieut. Gideon Spencer & the men they 
have raised into service, and such others as he may think proper. 

Memorandum, <fcc, Dates. 
March 15 1781 Sam 1 Phippen 1 st Lieut. 
Benj a Wait Maj r - Feby 10 ,h - 

Beriah Green 1 st Lieut. Feb? 10 th - 
Willis Hall 1 st Lieut. Feby 10 th - 
Abner Seely Cap 4 - do. do. 

James Smally l Bt Lieut, do. do. 
Shubal Cross 2 d Lieut, do. do. 
John Benjamin Capt. do. do. 
Nehemian Lovel Capt. do. do. 
Joshua Church 2 d Lieut, do. do. 
[In] Board of War. » 

Debenture of the Board of War, Arlington, March 8 th 1781. 
Present — Hon. Timothy Brownson Esq r - 1 day 4 miles 

travil, £0 8 4 

1781 Aug. 6 th - Rec d - the contents of the above. 

Timothy Brownson. 
Ira Allen Esq. 1 day 4 miles travil, £0 8 4 

Gideon Warren Esq. 1 day 35 miles travil, 18 8 

Samuel Robinson Esq. 1 day 14 miles travil, 11 8 

[Received,] Samuel Robinson. 

John Fassett [jr.] Esq. 1 day 1 mile travil 7 4 

1 All of the above seem to have been officers in the new regiment of 
infantry. Capt. John Stark, who was a cousin of Gen. John Stark, 
came to Pawlet from New Hampshire previous to 1770. He was a prom- 
inent citizen of the town, and commanded a company in the battle of 
Bennington. He was judge of Bennington county court, Rutland shire, 
from March 1778 to December 1779. He was one of the grantees of the 
" Two Heroes," which included Grand Isle, and about 1800 he removed 
to the last named town and was soon after killed by the kick of a horse. 
He left one son, Samuel, (who removed to Oswego count} r , N. Y.,) and 
twelve daughters. Samuel had ten daughters and four sons before he 
left Vermont. — See Hollister's History of Pawlet. 



Governor and Council — April 1781. 87 

RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT WINDSOR, 

April 1781. 



State of Vermont. In Council, Windsor, 4 th April 1781. 

This day his Excellency the Governor & the following Members of the 
Hon ble Council met according to Adjournment, viz 1 - the Hon ble Jeremiah 
Clark, John Fassett, [jr.,] & Ira Allen. There not being a quorum 
present, 

Adjourned to 9 °Clock Tomorrow Morning. 



Thursday, In Council, 5 April 1781. 

Met According to Adjournment — at which time the Hon ble Paul 
Spooner, Benjamin Emmons & Samuel Fletcher Esquires joined in 
Council, also Hon blc John Throop Esq 1 - 

Adj d to 8 °Clock Tomorrow. 



Windsor 6 April 1781. 
In Council, Friday, date above. 

Met according to Adjournment, at which Time his honor [Lieut.] Gov- 
ernor Carpenter took his Seat in the Council. 

Resolved that the Hon ble Ira Allen & Paul Spooner Esquires be a Com- 
mittee to join a Committee from the Assembly to arange the Necessary 
business of the present Session. 

Resolved that Jeremiah Clark Esq r - join a Committee from the Assem- 
bly to Consider a petition from the inhabitants of Sunderland in the 
State of Vermont. 

Resolved that Ira Allen, Samuel Fletcher & John Fassett, [jr.] Es- 
quires be a Committee to join a Committee from the Assembly to Con- 
sider & Provide for the defence of the Frontiers of this State. 

Adjourned to 8 °Clock Tomorrow. 1 



Saturday, In Council, Windsor 7 th April 1781. 

Met according to Adjournment. 

Abraham Ives Esq r - being Elected Sheriff for the County of Rutland 
And a Warrant Given for a Commission by which he is authorised to 
Execute that office & for the faithful discharge of duty Acknowledges 

1 From the Assembly Journal: 

To the Honorable General Assembly of the State of Vermont: 

Your Committee appointed to take into consideration the measures 
to betaken for defending this State against the common Enemy beg 
leave to Report — 

That they conceive it necessary that one thousand five hundred men 
including officers be employed in the defence of the northern frontiers 



88 Governor and Council — April 1781. 

himself bound & Recognised to the Treasurer of this State in the Sum 
of Two Thousand Pounds L. Money, Elihu Smith Esq r - & Lieut. Ros- 
well Post Stand as Security. 

Attest, Joseph Fay, Seen- 

Adjourned to 8 °Clock Monday Next. 

of this State against the common enemy the ensuing season. That they 
find seven hundred men including officers are already ordered to be 
raised in the territory west of Connecticut River, and reccommend that 
three hundred and ten men including a suitable proportion of officers be 
raised in the territory east of Connecticut River to be apportioned to 
the several Regiments and parts of Regt s> as follows, viz. 

Capt. Lieut. Non's & Priv. 

1st Reg*- in the 2 d Brigade, 1 3 90 

4* do. do. do. 1 2 68 

1st R e gt. ip the 3 d Brigade east of the River, 2 43 

2 d do. do. .10 47 

3 d do. do. 1 1 47 

Total, 4 Capts. 8 Lts. 295 Non's & prlv. 

That there be an addition of a suitable number of persons to the Board 
of War from the east side of Connecticut River. That those members 
of the Board of War on the west side of the mountain have direction in 
Respect to the particular station of the men ordered by a quorum of the 
whole Board to be stationed west side of the mountains -and the mem- 
bers of the Board east of the mountains have direction of the particular 
station of the men ordered by a quorum of the whole Board to be sta- 
tioned on the frontiers contiguous to Connecticut River. That matters 
in which a majority of either part of the Board of War cannot agree 
shall be determined by a quorum of the whole Board to be convened by 
the President on application of a majority of either part, or when he 
shall judge necessary. That the Board of War be directed and empow- 
ered at discretion to raise such number of volunteers by bounty from 
the State as shall amount to 1500 (including such men as have been or shall 
be raised by other measures already adopted by the State) — and that the 
whole be divided into two regiments to be properly officered and sta- 
tioned in such proportion on the East and West side of the mountains 
as a quorum of the whole [Board] shall from time to time direct. That 
in apportionment of the men to be raised on the east side of the River 
particular regard be had by the officers who shall make the proportion 
to the several towns and that they make reasonable abatement to the 
towns for such men as they now have in Continental service. And That 
in order to defray the expence of defending the frontiers in the manner 
before mentioned, they conceive it necessary that the Assembly at their 
present Session devise ways and means to supply the Treasury with a 
sum not less than [£]30,000 lawful money. 

Ira Allen, for the Committee. 

The aforesaid report was read and passed and sent [to the Governor 
and Council] for concurrence April 12, 1781. 

April 11 1781. — Resolved That this House will proceed to choose 
Brigadier Generals for each Brigade tomorrow morning. 

April 12 1781. — Agreeable to the order of the clay proceeded to choose 
by ballot Brigad r - Generals for each Brigade. The ballots being taken, 
General Ethan Allen for the first, 
Gen 1 - Benj a - Bellows for the second, and 
Col - Peter Olcott for the third Brigades 



Governor and Council — April 1781. 89 

Monday, In Council, 9 April 1781. 
Met according to Adjournment. 

Having proceeded to appoint Committees & Transact the necessary 
business of the day, 

Adjourned to 8 °Clock Tomorrow. 

Tuesday, In Council, Windsor 10 th April 1781. 

Met according to Adjournment, 

And Having joined the General Assembly in a Committee of both 
Houses & Transacted the other necessary business of the day [by] sun- 
dry Sub Committees, 

Adjourned to 8 °Clock Tomorrow. 

Wednesday, In Council at Windsor 11 Ap L 1781. 

Met according to Adjournment, and having met the Grand Committee 
according to the order of the day, & Transacted the other business by 
sundry Committees, &c. 

Adjourned to 8 °Clock Tomorrow. 

were chosen and are hereby appointed Brigadier Gen ,s - for the Brigades 
aforesaid. 

Resolved to add two members to the Board of War, and that this 
House will proceed to choose them tomorrow morning. 

April 13 1781. — Agreeable to the order of the day proceeded to choose 
two members in addition to the Board of War. The ballots being taken, 
Col - Tim - Bedle and Capt. Eben 1 - Brewster were unanimously chosen. 

To meet the recommendation of the committee for the supply of the 
treasury, the act was passed authorizing the emission of £25,155 lawful 
money, before noticed. An act was also passed authorizing the Com- 
missary General of Purchases to draw funds from the treasury on orders 
from the Board of War. — See Slade's State Papers, pp. 424, 429. 

Ethan Allen had resigned the office of Brigadier General when the 
inquiry was instituted on the charges made against him in the Assem- 
bly by Hutchins and Hathaway. He now declined to accept the office 
to which he was again elected as above, but with the promise that he 
would render any service desired of him at any time, although not for- 
mally commissioned; and that promise was faithfully observed. 

Benjamin Bellows, of Walpole, N". H., was a leading citizen of that 
portion of the country, and was chairman of the committee of the Wal- 
pole Convention, Nov. 15, 1780, which recommended a union of the 
western towns of New Hampshire with Vermont, and called the Charles- 
town [N". H.J Convention of January 1781. When, however, it became 
evident, at the close of that year and the opening of 1782, that very seri- 
ous difficulties were certain to grow out of that union, he seems to have 
changed his opinion. In anticipation perhaps of this result, he declined 
to accept the office of Brigadier General tendered to him by the Ver- 
mont Assembly. On the 20th of June following Col. Samuel Safford 
of Bennington was elected Brigadier General vice Allen resigned; and 
Col. Samuel Fletcher of Townshend vice Bellows resigned.— For ref- 
erences to Col. Bellows, see Vt. Hist. Soc. Coll., Vol. n, pp. 95-'6, 106, 
112, 143, 226; and Eastern Vermont, pp. 224-'5, 739-742, 764-'5. 



90 Governor and Council — April 1781. 

Thursday, In Council, April 12 1781. 1 
Council met according to Adjour*- 

A petition of Daniel Tilliston [Tillison,] Esq r - & others concerning 
the Township of Brookfield was read whereupon Resolved that the time 

•From the Assembly Journal, April 12 1781: 

Copies of two letters dated at "New York March 30 th 1780," and 
" Feby- 2 d 1781," signed " Bev. Robinson Col - Loy 1 - American Reg*- " and 
directed to " Col - Ethan Allen," which were attested as true copies by 
" Ira Allen and M. Lyon," also a copy of a letter from General [Ethan] 
Allen to " Sam 1 - Huntington Esq 1 "- President of Congress," which en- 
closed the original Letters from Bev. Robinson, were laid before this 
House and Read — whereupon his Excellency the Governor requested 
that the minds of the House might be taken whether the proceedings of 
Governor, Council, and Gen 1 - Allen were agreeable or approved by them 
— which question being put passed in the Affirmative. 

After soliciting proposals from Allen to the British commander-in- 
chief, Sir Henry Clinton, Robinson wrote to Allen as follows: 

I can make no proposals to you until I know your sentiments, but I 
think upon your taking an active part and embodying 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 separate government under the 
king and constitution of England, and the men formed into regiments 
under such officers as you shall recommend, and be on the same footing 
as all the provincial camps are here. [In New York city, then in pos- 
session of the British.] 

Allen " in thirteen minutes" exhibited this- letter to Gov. Chittenden 
and other friends, and it was determined that no answer should be re- 
turned to Robinson, but that the governor should address Gen. Haldi- 
mand on the subject of an exchange of prisoners. The second letter of 
Robinson repeated the suggestions of the first, by authority of Sir Henry 
Clinton. This letter also was not answered. It was received on the 23d 
of February 1781, and on the 9th of March Allen sent both letters to the 
President of Congress. In doing this he declared that they were the 
only letters he ever received from Robinson, that he returned no an- 
swer, and never had the least acquaintance with the writer of them. 
He at the same time declared his opinion 

That Vermont has an indubitable right to agree on terms of cessa- 
tion of hostilities with Great Britain, provided the United States persist 
in rejecting her application for a union with them, for Vermont of all 
people would be the most miserable, were she obliged to defend the in- 
dependence of United claiming States, and they at the same time at full 
liberty to overturn and ruin the independence of Vermont. 

See See Vt. Hist. Soc. Collections, Vol. n, pp. 59-105. 

It has already been stated that the resolution of the Assembly of Oct. 
31 1780, (ante, p. 48,) was tg the official initiation of what is known as 
'The Haldimand Correspondence.'" Not till April 12 1781, however 
— as above — was the actual origin of that correspondence revealed to the 
General Assembly and the people of the State. Its revelation in that 
mode and at that time was undoubtedly made to relieve the Vermonters 



Governor and Council — April 1781. 91 

for Making out the Charter of said Brookfield be postponed until the 
Session of Assembly in October Next. 

Attest, Joseph Fay, Sec-y 



engaged in it, and particularly Ethan Allen, from a suspicion of infi- 
delity to the cause of national independence. The letter of Governor 
General Haldimand to Gov. Chittenden, the correspondence between 
the British Major Carleton and the Vermont Brigadier General Allen, 
and the consequent armistice, had been made public in October 1780. 
Oct. 31 1780, Maj. General Schuyler informed Washington of it, and 
intimated unfavorable suspicions of a certain "person." Nov. 6 follow- 
ing, Washington wrote to Schuyler "that matters in a certain quarter 
carry a very suspicious face." Nov. 12 Gen. Schuyler communicated 
other facts to Washington, implicating, though not by name, " three 
members from the Vermont Assembly." On the 7th of November, how- 
ever, Stephen Lush removed all mystery, in a letter to Gov. Clinton of 
New York, by openly charging Ethan Allen with " defection,"' and as- 
serting that the Vermont Council were " trying Allen upon an impeach- 
ment containing eleven articles." It is true that Allen was on that very 
day u impeached " before the General Assembly on charges made by 
Lieut. William Hutchins and Simeon Hathaway. The charges are not 
stated in the record of the Assembly, but Lush's account shows that 
they were impeachable offences, and the armistice suggests with suffi- 
cient certainty that Allen was charged with infidelity to the country in 
that matter. The record does show that Allen was very indignant, de- 
claring that the paper contained " such false and ignominious aspersions 
against him " that he would hear no more of it, " and went out of the 
house." He moreover resigned the office of Brigadier General, though 
prudently and patriotically promising " to serve the State according to 
his abilities," if the Assembly should think best to give him the com- 
mand. The Assembly went on nevertheless with the investigation, and, 
on the testimony of Joseph Fay and Stephen R. Bradley, dismissed 
Hathaway 's remonstrance, allowed Hutchins to withdraw, and by reso- 
lution appointed a committee to thank Allen for his good services, and 
informed him that his resignation was accepted '"according to his 
offer," which has been stated above — that is, an offer of his best services 
when desired. See Vt. Historical Society Collections, Vol. n, pp. 68 to 
82. It is obvious, from the various papers cited, that Allen was under 
a cloud in the minds of good and true men— of Washington and Schuy- 
ler in the continental army, of Lieut. Gov. Marsh, Gen. Jacob Bayley, 
and doubtless many others in Vermont. It was therefore both neces- 
sary and desirable to give the real origin of the armistice and the Hal- 
dimand correspondence, in the two letters of Beverly Robinson to 
Allen, and to make public the fact that Allen had communieated both of 
these letters to the President of Congress. This was done, as has been 
just shown, with explanations ample enough to vindicate his character 



92 Governor and Council — April 1781. 

A Remonstrance signed Leonard Spaulding and a Number of Inhabi- 
tants against the County Elections for the County of Windham, request- 
ing the Commissions of a Number who was appointed into office might 
be suspended [was read] — Whereupon 

Resolved that the Commission for Samuel Knights [Knight] 1 who 
Stands appointed to the office of Justice of the Peace — And Also Noah 

and at the same time otfer a powerful motive to Congress for doing jus- 
tice to Vermont. 

The avowals of Allen to the President of Congress were a good de- 
fense for him so far as the letters of Robinson were concerned. For the 
truce of 1780 he had still another good defense in the fact that it was 
made with the knowledge and approval of the Governor and Council 
and General Assembly of the State. Arnold betrayed his country's 
cause and joined the enemy. Allen betrayed nobody, but served his 
State. Strictly speaking, he owed nothing to the continental cause, as 
he was not in the service of Congress, nor was he or his State recog- 
nized by it. Allen retained his position as a friend of his country, and 
all his rights as a belligerent so far as the British were concerned; he 
conceded nothing to the British that was not conceded in return by 
them, for the benefit both of Vermont and of the confederacy. He was 
party to a truce which protected Vermont and New York alike, by dis- 
missing a British force for a winter's residence in Canada. These facts 
show no stain upon his character as an officer or a patriot. But Allen's 
letter to the President of Congress reached far beyond the truce of 1780, 
and justified the policy which Vermont pursued until all danger from 
the British had ceased. It is true Congress had not conceded the inde- 
pendence of Vermont; but neither had it assented to or asserted the 
claims of New York, New Hampshire, or Massachusetts. Congress left 
Vermont standing alone, to defend herself as she could, and as she did, 
while from 1775 she had also contributed freely to the continental cause. 
Vermont declared herself to be, and in fact was, an independent 
state; and as such she clearly had the right to protect herself by every 
means allowable to a sovereign — by any terms she chose to make with 
her enemies. That was Allen's ground, and it was also the ground 
assumed and asserted by Gov. Chittenden. As the result proved, it was 
the true ground. Vermont maintained her independence as a State, and 
at last that independence was acknowledged by all the other states in her 
admission to the Union. 

1 Samuel Knight, of Brattleboro first, and afterward of Guilford, was 
commissioned as an attorney in "his Majesty's courts of record" in 
Cumberland County June 23 1772. In Feb. 1774 he was appointed a 
commissioner to administer oaths of office, the only office he ever held 
under New York. He was counted, however, among the unpopular 
Yorkers, and his profession brought him to Westminster, March 13 1775. 
It does not appear from any of the accounts of the tragic events of that 
day that Judge Kuight was personally engaged in the assault upon the 



Governor and Council — April 1781. 93 

Sabins [Sabin] 1 who stands appointed as Judge of Probate, be suspended 
for the present. 

Adjourned to 8 °Clock Tomorrow. 



whigs, nevertheless the coroner's jury upon their oaths named him 
among the murderers of William French. Judge Knight escaped arrest, 
and did not return to Brattleborough until March 1776. He took no active 
part in the revolutionary struggle, but strenuously favored New York in 
the controversy with Vermont as late as Nov. 1778. Satisfied at length 
that New York could not maintain her claim, he submitted to the 
authority of Vermont, and was appointed a justice of the peace. The 
remonstrance of Spaulding and others was of course based on these 
above stated antecedents, and it served for a short time to postpone the 
employment of Judge Knight in official service. He was judge of 
Windham county court four years; judge of the supreme court 1789 and 
'90, and chief judge 1791, '2 and '3. He represented Brattleborough in the 
General Assembly in 1781, '83, '84 and '85. Dr. John A. Graham said: 
"He was bred to the law; is a gentlemen of great abilities; and has 
rendered many essential services to his fellow citizens, but, I am sorry 
to add, they have by no means been recompensed as they ought to be. 
To Mr. Knight thai celebrated line of Pope may be truly applied,— 
" ' An honest man's the noblest work of God.' " 
See Eastern Vermont; Graham's Descriptive Sketch of Vermont; Dem- 
ing's Catalogue; Legislative Directory, 1870. 

^oah Sabin was born in Eehoboth, Mass., Nov. 10 1714, a descendant 
of the Sabins [Saben, Sabin, SaMne,] whose names appear in the records 
of Plymouth Colony. He came to Putney in 1768, and was the first 
town clerk, 8th May 1770. In April 1772 he was appointed by New 
York judge of the inferior court of common pleas and justice of the 
peace for Cumberland County. He was one of the judges of the court 
at the time of the "Westminster massacre," and "was very earnest to 
have the law [the court] go on," discountenancing all opposition of the 
people to the court and the royal authority in the county. A conscien- 
tious man, he was a firm and avowed loyalist so long as there was a 
prospect that the royal authority could be maintained. For this he was 
extremely unpopular with the whigs, and for three years his life was in 
imminent danger because of his unpopular opinions. Not only was he 
denounced as a murderer because of his official connection with the 
court at Westminster, but in 1776 he was arrested by the Committee of 
Safety and confined to his farm on penalty of death at the hand of any 
man who should find him outside of its limits. As late as Dec. 7 1778, 
the church of Putney refused to receive him to "occasional communion" 
on account of his political opinions. He was admitted, however, in April 
1781, (after he had submitted to the authority of Vermont,) and appointed 
judge of probate. As in judge Knight's case, the remonstrance of 
Spaulding and others postponed the issuing of the commission of judge 



94 Governor and Council — April 1781. 

Friday In Council Windsor 13 April 1781. 
Met according to Adjournment. 

A petition signed by M r Abel Thomson in behalf of himself & associates 
pray [praying] for a Grant of a Township of Land [was read,] Whereupon 
the Council do Recommend to the General Assembly to Grant the Prayer 
of said Petition. 

In General Assembly 13 th April 1781. 
Resolved that there be & hereby is Granted unto Abel. Thomson & 
Company being sixty in Number whose names are annexed to a Schedule 
anexed to the petition Exhibitted to this Assembly a Grant of a Town- 
ship of Land situate and Lying in said State to Contain Twenty four 
thousand acres, bounding on the Towns of Middlebury, Salisbury & 
Leicester & to Cover part of Land Governor Dunmore 1 is said to have 
Given himself— that the Surveyor General be directed to Locate said 
Grant to said Thomson & Company accordingly — And that the Governor 
& Council be requested to Make out a Charter of Incorporation to the 
said Thomson & Company by the Name of Bipton under such Conditions 
reservations & restrictions as they shall Judge Best. 

Copy Given pr. Joseph Fay, Secy- 
Resolved that the Proprietors of the Township of Bipton Granted this 
day to M r - Abel Thomson & Company pay six hundred & sixty Pounds L. 
Moneys in Silver or Gold, that one hundred Pounds be paid Down & one 
hundred Pounds by the 15 th Day of June Next — if not paid by that time 

Sabin. He was judge of probate for the district of Westminster in 
October 1781, and certainly again from Oct, 1786 to Oct. 1801— probably 
from 1781 to 1801. He died March 10 1811, in his ninety-sixth year. 
His son, Noah Sabin, jr., represented Putney 1782 to 1785-6, and again 
in 1787; was register of probate for the district of Westminster from 
1791 to 1801, and succeeded his father as judge from 1801 to 1808-9. He 
died Dec. 5 1827. See Eastern Vermont; Sabine's Loyalists of the Amer- 
ican Bevolution; and Deming's Catalogue. 

1 John Murray, 4th Earl of Dunmore, was born in 1732, descended in 
the female line from the house of Stuart, and succeeded to the peerage in 
1756. He was made governor of New York in Jan. 1770, and of Vir- 
ginia in July 1771. From March 1773 he was in collision with the whigs 
of Virginia until June 1774, when he fled with his family and found 
refuge on board a British ship of war. Raising a band of tories, run- 
away negroes and British soldiers, he carried on petty and predatory 
warfare upon Virginia until July 1776, when he was dislodged and 
wounded, and shortly afterward he returned to England. He was made 
governor of Bermuda in 1786. While governor of New York, in a 
period of less than five months between Feb. 28 and July 8 1771, he 
granted land in Vermont to the amount of 511,900 acres, all of which had 
been previously granted by Gov. Benning Wentworth of New Hamp- 
shire. Of this quantity, 51,000 acres were granted, in the names of other 
persons, for himself, being the land referred to in the resolution of the 
Governor and Council. His fees for these grants amounted to $14,248.44. 
—See Drake's Dictionary of American Biography; Early History of 
Vermont; Vt. Hist. iSoc. Collections, Vol. I. 



Governor* and Council — April 1781. 95 

so much of the Land to be sold as ammounts to the hundred pounds 
Last Mentioned — The remainder to be paid by the first Thursday in 
Octobpr Next, at which Time a Charter of Incorporation shall be given 
in which the Conditions & Reservations will be more fully Specified. 

£660. Copy Given p r - Jos. Fay, 8e&- 

State of Vermont, In General [Assembly,] 13 April 1781. 

Resolved to Recommend & it is hereby Recommended to his Excel- 
lency the Governor to Issue his Proclamation appointing such day as he 
may Judge "best] to be Observed as a day of Public Fasting & Prayer 
Throughout this State. Attest, Roswell Hopkins, Clerk. 

A Committee from the General Assembly being appointed viz*- M r 
[Elisha] Payne, M r [Gideon] Ormsby, M r - [Nathaniel S.] Prentice. M r 
[Bezaleel] Woodward, M r - [Stephen] Pearl, M r - [William] Page &' M r - 
[Benjamin] Giles to Confer with the Governor & Council relative to 
appointing officers boath Civil & Military on the East side of the 
[Connecticut] River 1 — 

Adjourned to 8 °Clock Tomorrow. 

Saturday 14 [April] 1781. 
Met according to Adjournment. 
Adjourned to 8 °Clock Monday next. 

! The record here is imperfect. The resolution of the House of April 
13 1781 was as follows: 

Resolved that a Committee of Seven be appointed to confer with the 
Governor and Council respecting the appointing of county officers east 
of Connecticut River and Field officers in the Regiments now vacant, 
and make report to this House. The members chosen M r - Payne, M r - 
Ormsby, M r - Prentice, M r Woodward, M r - Pearl, M r Page and M r - Giles. 

Of these, all but Messrs. Ormsby of Manchester, and Pearl [Stephen, 
of Rupert,] were from New Hampshire towns, to wit: Col. Elisha Payne 
of Lebanon, Nathaniel Sartel Prentice of Alstead, Bezaleel Woodward 
of Dresden [part of Hanover,] Doct. William Page of Charlestown, and 
Benjamin Giles of Newport. The report of this committee was not entered 
on the journal of the House, but the substance of it was — as the above 
entry on the Council journal should be — that the Governor and Council 
be empowered to make all necessary appointments. This is indicated 
by the following resolution of the House, which was adopted on the 
same day: 

Resolved that the Governor and Council be and they are hereby 
requested to appoint and Commissionate, for the time being, all officers 
civil and military which are necessary to supply vacancies in any 
counties, probate districts and Regiments within this State until they 
can be elected by the people agreeable to the 27 th Section in the frame 
of government. 

By the 18th section the Governor and Council had ample power " to 
supply every vacancy in any office;" and of course this resolution was 
unnecessary for the filling of vacancies in office within the meaning of 
the constitution. The intent of it therefore was to treat the lack of 
necessary Vermont officers east of Connecticut river as " vacancies." It 
will be seen that the Governor and Council acted promptly. 



96 



Governor and Council — April 1781. 



In Council Monday Windsor 16 April 1781. 

Met according to Adjournment. 

Resolved that John Fassett pr.] Esq r join a Committee from the 
House to Make a Depreciation Scale. 

Thomas Russel Esq r - [of Piermont, N. H.] is hereby appointed for 
the time being, an assistant Judge in and for the County of Orange in 
Lieu of Col - Robert Johnson. 

The following Gentlemen were Nominated and are hereby appointed 
for the time being Justices of the Peace & Judges of the County Court 
for the County of Windsor viz 4 - 

Elisha Payne Esq r » [of Lebanon, N. H.,] Chief Judge. 

Joseph Marsh Esq r - Benjamin Emmons Esq r - Beza Woodward Esq r -» 
[of Dresden, now Hanover, N. H.,] & John Weld Esq r -> Side Judges. 

Samuel Chase, William Ripley, [of Cornish, N. H.,] Moses Whipple, 
[of Croydon, N II.,] John Stevens, [of Plainfield, N. H.,] Abel Stevens, 
[of N. Grantham, N. H.,] John Wheatley, [of Lebanon, N. H.,] Elihu 
Hyde, [of Lebanon, N. H.,] Aaron Barney, Bazaleel Woodward, [of 
Dresden, now Hanover, N. II.,] & Jonathan Freeman, [of Hanover, N. 
H.,] Esquires, Justices of the Peace for said County. 

Resolved that Bazaleel Woodward Esq r - be & he is hereby appointed 
Judge of Probate for the district of Dresden for the time being. 



Windsor 16 th April. 

A Remonstrance signed by a Number of the Inhabitants of Rocking- 
ham against the Gentlemen who were appointed by County Election to 
the several offices of said County, Praying the Council to suspend Grant- 
ing their Commissions, was read whereupon the question being put 
whether the Commissions be Suspended agreeable to s d - Remonstrance 
which passed in the Negative. 

Adjourned to 8 °Clock Tomorrow. 1 



Tuesday, In Council, Windsor 17 th April, 1781. 

Council met according to Adjournment. 

The following Gentlemen were Nominated and are hereby appointed 
for the time being Justices of the Peace for the County of Orange, viz*- 
Joseph Paverly, Samuel Rise [Rice,] Elisha Cleaveland, [Bath, N. H.,] 
Timothy Bedle, [Bedel,] Thomas Russell, [Piermont, N. H.,] Israel 
Morey, [Orford, N. H.,] Jonathan Child, [Lyme, N. II.,] Joshua Copp, 
Enoch Page, Nath 1 - Rogers of Moristown [Franconia, N. H.,] & Nath 1 - 
Hodges, [Lyman, N. H.,] Esquires. 2 
— ____ — , ♦ — - — — — , 

1 From the Assembly Journal, April 16 1781: 

Resolved that the Governor and Council be and they are hereby re- 
quested to appoint Commissioners to lease out and take care of the 
estates of Absentees in such places as they shall judge best. 

The House adjourned until the second Wednesday of June, then next, 
leaving the Governor and Council still in session. 

2 It seems there were two Timothy Bedels in the Assembly in 1781: 
Col. Timothy Bedel representing Lyman, Morristown, and Bath, N. H.; 
and Timothy Bedel, Esq., one of the representatives for Haverhill, N. 
H. It is presumed that all the above justices were for New Hampshire 
towns. 



Governor and Council — April 1781. 97 

Resolved that Bazaleel Woodward Esq r - be and he is hereby appointed 
Secretary Pro tempore. 

The following was agreed on by the Council as a form of a Commis- 
sion for the Justices of the Several Counties in this State, viz 1 - 
His Excellency Thomas Chittenden Esq r - Gov r - Captain General and 

commander in Chief in and over the State of Vermont, To 

Greeting: 

You and Each of you being Elected and appointed Justices of the 

Peace within and for the County of , Know ye that I the said 

Governor in the name and by the Authority of the freemen of the State 
of Vermont, Do hereby Authorize and Empower you & every one of 

you Justices to keep the Peace in the said County of And to 

keep & cause to be kept all ordinances & statutes Enacted for the pre- 
servation of the Peace & for the quiet rule & Government of the Peo- 
ple within said County, according to the form force & effect of a Law of 
this State — And to chastise and punish according to Law all persons 
that offend against the same — And you are further to hear & deter- 
mine all & singular the causes & suits (at any time) brought before you, 
according to the Laws and Statutes of this State, as in the Like cases it 
ought to be done. — And you and Each of you are to make & Cause to be 
kept true records of all and singular your doings in the premises as well 
of Writs precepts processes Indictments judgments and Executions as 
of all other matters or things which respect the Execution of your said 
office — And all persons are to take Notice hereof and Govern themselves 
accordingly. — Given under my hand and the seal of the State of Ver- 
mont this day of , A. D. . 

Commissions were Issued for the Judges of the County Courts for the 
County of Rutland, Windham, Windsor, and Orange, & for the Justices 
of the county 8 of Windsor and Orange, also a Warrant for the Judges of 
Probate for the district of Drisden in Windsor County, and Towns Ad- 
joining. 1 

His honor the Deputy Governor & his Honor Paul Spooner Esquires 
left the Council Board. 

Adjourned to 8 °Clock tomorrow. 

Attest, Beza. Woodward, Secy- P. Tern. 



Wednesday, In Council, Windsor 18th April 1781. 

Bryant Brown who was Elected Sheriff for the County of Windsor 
resigned his said office of Sheriff which resignation was accepted by the 
Council and the office was accordingly Declared Vacant. The Governor 
& Council then took into their consideration the appointment of a 
Sheriff for the said County for the Time being, whereupon Resolved that 
Capt. Ebenezer Brewster of Dresden be & hereby is appointed Sheriff 
for the said County of Windsor for the time being in the Room of Bry- 
ant Brown resigned. 

And the question being put who will be bound for the said Sheriff, the 
said Ebenezer Brewster as principal & Col - Elisha Payne & Maj. 
Thomas Murdock a* sureties, jointly & severally acknowledged them- 

1 In Feb. 1781, the eastern part of Vermont was divided into three 
counties — Windham, Windsor, and Orange. In April following the 
New Hampshire towns north of Claremont, Newport, Unity, and Wen- 
dell, were annexed to the counties opposite in Vermont, and the other 
New Hampshire towns embraced in the union were constituted a county 
named Washington.— See Slade's State Papers, p. 427. 
8 



98 Board of War— April 1781. 

selves indebted to the Treasurer of the State of Vermont in the sum of 
two thousand Pounds Lawful Money — Conditioned that if the above 
named Ebenezer Brewster shall well & faithfully discharge & execute 
the office of Sheriff for the County of Windsor for the time being then 
this recognisance to be void otherwise to be and remain in full force and 
Virtue — and a Warrant was Issued to the said Sheriff accordingly. Also 
Warrants to the Judges of Probate for the district of Windsor & Hav- 
rill [Haverhill.] 

Attest, Beza. Woodward, Secy- P. Tern. 

Resolved that the fourth Wednesday in May next be and hereby is 
appointed for a day of public Fasting and prayer throughout this State. 

The Governor, Council & General Assembly having Completed the 
business of the present Session Agreed to 

Adjourn without day. 

Attest, Beza. Woodward, Secy- P. Tern. 

The foregoing is a true Copy of the original Journals of Council. 

Attest, Joseph Fay, Secv- 

End of Windsor April Session. 



RECORD OF THE BOARD OF WAR. 

Windsor, April 17 th 1781. 

The Board of War met: Present, Joseph Bowker, John Fassett, [jr.,] 
Tho s - Murdock, Benjamin Emonds, Timothy Bedel, Eben r Brewster, 1 
& Ira Allen. 

Timothy Bedel & Eben r - Brewster being Elected were sworn to the 
faithful discharge of their Trust. 

Joseph Bowker Esq r - was chosen President Protemporary. 

Resolved that there be four Companies of Light Infantry Raised in 
this State East of Connecticut River for the defence of this State. That 
they consist of Sixty Eight Rank and file Each Company, to be com- 
manded by one Cap 1 - Two J^ieuts. and four Sergeants, with a drum and 
fife. 

Resolved that the several persons Hereafter named be and they are 
hereby appointed to the offices as hereafter specified: 

Capt. John Prat of Chesterfield, [N. H.] ; Lieut. of Keen, 

[N.H.]; Lieut. okes of Winchester, [N. H.]; Capt. Jonathan 

White, Charlestown, [N. H.]; Lieut. Edmond Waldo, Alstead, [N. H.]; 
Lieut. Jonathan Hall Jr., Walpole, [N. H.]; Capt. Daniel Clapp, Dres- 
den, [N. H.]; Lieut. ; Lieut. ; 

Capt. Samuel Young, Haveril, []ST. H.]; Lieut. James Butterfield, West- 
moreland, []ST. H.]; Lieut. Isaac Patterson, Piermont, [N. H.] 

Resolved that Maj r - B. Wait be and he is hereby requested to call on 
the officers in the Two South Comp^ 8 or d to be raised on the East Side 
of Connecticut River to see whether they accept of their appointment 
or not and if either of them refuse serving That then in that case Maj r - 
Wait consult the principle Gentlemen in that vicinity and make such 

1 Col. Ebenezer Brewster was a prominent citizen of Hanover, K. 
H., and represented that part of the town called Dresden in the Ver- 
mont Assembly of Oct. 1781. 



Board of War— April 1781. 99 

nominations as may be then necessary & return such nominations with 
the names & Ranks of all that do accept to some of the members of this 
Board. 

Resolved that Lieut. Dyre [and] Lieut. Joseph Andros of Shaftsbury 
be appointed Lieut, for Col - Fletcher's Reg 4 - of Infantry. 

Adjourned untill Nine o'clock to morrow. 

Wednesday 9 o'clock, Mett. 

Resolved that the Selectmen in the several towns (Through which it 
will be necessary to transport provision for the Troops for the defence 
of the frontiers) be requested to call on such Towns to do their work on 
the Roads agreeable to the Laws of this State as soon as may be so as 
to accommodate the transportation of provision as aforesaid. 

Resolved that Maj. B. Wait be and he is hereby directed to call the 
officers and Soldiers of his detachment into service in such proportion & 
at such time as he may judge proper, & in case Maj r - Wait on Confering 
with the Commissary of Purchase shall judge it necessary that some of 
the main Roades from the Country to some of the Garrisons to be here- 
after specified ought to be mended or Cut in some new place, That then 
in such Case Maj r - Wait Call out such numbers and proportion of his 
detachment to work on the road as he may think proper. 

Resolved that the three southerly Companies now or d to be raised on 
the east side of Connecticut River March as soon as may be into the fron- 
tiers on the West side of the Mountains and join Col - Fletcher, That 
the north Company join Maj r - Waits Detachment. 

Resolved that a Majority of the members of the Board of War that 
are on the West side of the Mountains be and hereby are .Empowered 
(on confering with Col - Fletcher and such other officers as they may 
think necessary,) to determine for the time being the Stationing of the 
Troops for the defence of the frontiers, as also fourts, Barracks, «&c. 
That a Majority of the members of this Board that are on the East side 
of the mountain be & hereby are Impowered (on confering with Maj r - 
Wait & such other officers [as] they may think necessary,) to determine 
for the time being the stationing of the Troops for the defence of the 
frontiers, as also fourts, Barracks, &c. 

Resolved that Cap 4 - John Strong As*- Comm?- of Purchase be directed 
to purchase four Iron Kettles and fourty eight of a less size suitable for 
Camp Equipage and forward the same to the several Garrisons on the 
East side of the mountain as they may be wanted, and Eighty good axes. 

Resolved that Mr. Elisha Clark be and he is hereby appointed Com- 
missary of Issues for the West department the Insuing Campaign. 

Resolved that Moses Johnson be J [first] Lieut,, Isaac Lymond 2d 
Lieut, and Jonas Pierce 2[ d ] Lieut, in Col - Fletchers Regiment of In- 
fantry. 

Resolved that the several Brigadier Gen ls - in this State be and they are 
hereby directed to call on the officers Commanding Reg ts - in his Brigade 
to make returns to him agreeable to an act of the Legislature of this 
State passed at their session in instant April. That the return be in the 
following form, (viz.) 

(To be here inserted.) * 

That the several B. Gen 18 - Compile such Reg 4 - returns into a Brigade 
[return] & transmit one [copy] to the Cap 4 - Gen 1 - & one to the President 
of this Board, and where there shall appear to be any deficiency in ac- 
coutrements that B. G. direct that the Laws of this State in such Case 
made and provided be put in Execution without loss of time. 

1 This form was not inserted on the record. 



100 Board of War— April 1781. 

A Debenture of the Board of War holden at Windsor, April 18* A 1781. 

Present — Joseph Bowker Esq. President P. T. one day, £0 7 

'[Received] Joseph Bowker. 
Ira Allen one day, 7 

Benj. Emmons Esq. one day, 7 

John Fassett, [jr.,] Esq. one day, 7 

[Received] John Fassett. Jr. 
Timothy Bedle two days, 14 

[Received] Timothy Bedel, 
Thomas Murdock Esq. two days, 14 

Ebenezer Brewster Esq. three days, ) 17 8 

twenty miles travil, > 

[Received] Ebenezer Brewster. 

In Board of War, Arlington, Ap 1 - 25 th 1781. 

Whereas the Legislature of this State did at their session in instant 
April recommend that fifteen hundred men be raised for the defence of 
this State & Impowering this Board to proportionate and Station such 
men in such places as the Exigences of the State might Require which 
cannot be determined at this Time, & whereas a store house & some 
kind of Barracks are necessary to be built for the use of the Troops for 
the time being — Therefore 

Resolved, that this Board do recommend that Commissary of Pur- 
chase with the assistance of the Troops on the Ground build in the 
cheapest manner a store house and some Barracks that may answer for 
the time being in fourt Warren. 

Resolved, that Lieut. Jacob Fairman be appointed first Lieut, in the 
Regiment of infantry commanded by Col - S. Fletcher. That in case 
said Fairman should decline serving, That then Lieut. Harris is ap- 
pointed in his stead. 

Resolved, that Mr. Garshom Buck be appointed Armorer for Col°- 
Fletcher's Reg 4 - of infantry. 

Resolved, that this Board do hereby recommend to his Excellency 
Tho 8 - Chittenden Esq r - That he order all the officers and soldiers in Col - 
Fletcher's Regiment of Infantry that are to join Col - Fletcher's com- 
mand on the West side of the Mountain & the three Companies East of 
Connecticut [river] that are to march to join Col - Fletcher, that they 
march as soon as may be. 

Resolved to & do Hereby Recommend to the Cap 1 - Gen 1 - that he give 
directions to the Troops in this State's service that their scouts cover 
the Inhabitants of Skeensborough, Grandvil [N. Y.J &c. 

Debenture of the Board of War, Arlington, April 26 th 1781. 
Present — Hon 1 Timothy Brownson, Esq. President £0 8 4 

one day 4 miles travil [Rec d J Timothy Brownson. 
Joseph Bowker Esq. 1 day 45 miles travil 1 1 10 

Ira Allen Esq. one day 4 miles travil 8 4 

Gideon Warren Esq. one day 35 miles travil 18 8 

[Reed. J Gideon Warren. 
Samuel Robinson Esq. one day 15 miles travil 12 

[Reed.] Samuel Robinson. 
John Fasset Esq. one day 1 mile travil 7 4 

From the following debenture account a meeting seems to have been 
called at Dresden, N. H., but no proceedings are recorded: 



Governor and Council — June 1781. 101 

A Debenture of the Board of War at Dresden, May 7 th 1781. 
Timothy Bedel one day 

40 miles travil 



£0 7 
13 



4 


1 
14 

1 


4 



15 
14 







Thomas Moordock [Murdock] two days 
3 miles travil 

[Reed.] Thomas Moordock. 
Ebenezer Brewster two days 

Rec d pr Ebenezer Brewster. 

Still another meeting, of which no record has been preserved, is indi- 
cated by the following debenture account: 

A Debenture of the Board of War, Manchester, May 25, 1781. 
Present — Hon. Timothy Brownson Esq. three days 

5 miles travil £12 8 

[Recd.] Timothy Brownson. 
Joseph Bowker Esq. two days thirty-six miles travil £16 

[Recd.] in full Joseph Bowker. 
Thos. Moordock Esq. three days 78 miles travil £2 7 

[Recd.] Thos. Moordock. 
Samuel Robinson Esq. two days 22 miles travil £114 

Gideon Warren Esq. three days 38 miles travil £1 13 8 

[Recd.] Gideon Warren. 
Eben r - Brewster Esq. three days 76 miles travil £2 6 4 

Rec d pr Eben r Brewster. 
Joseph Tyler Esq. three days 1 £1 12 

Recd. pr Joseph Tyler. 
John Fassett Esq. three days 7 miles travil £13 4 

[Recd.] John Fassett. 
Benj. Emmons Esq. three days 83 miles travil £2 8 8 

[Recd.] Benj. Emmons. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION OF THE GENERAL ASSEMBLY AT BENNINGTON, 

June 13 1781. 



State of Vermont. In Council, Bennington, 13 June 1781. 

Present His Excellency Thomas Chittenden Esquire, His Honor 
Benjamin Carpenter Esq r - L 1 Gov r - and the following Members of the 
Hon ble Council viz*. — Hon. Jonas Fay, Moses Robinson, Timothy Brown- 
son, Ira Allen, John Fassett [jr.,] Paul Spooner, John Throop, Benja- 
min Emmons, Jeremiah Clark Esq r - Thomas Chandler Jun r - Joseph 
Fay, Secv- 

Whereas complaint has this day been Exhibited to this Council by 
Thomas Porter Esq r - & Colonel Ebenezer Walbridge, against Judah 
Padock Spooner, Timothy Green, Samuel Avery, and Ezra Stiles 

1 The travel is omitted, doubtless in copying into the record. 



102 Governor and Council — June 1781. 

Esquire, Suspecting them to be confederate in Counterfeiting the bills 
of Credit of this State, 

Therefore Resolved that a Warrant Issue from this Council to appre- 
hend said persons to be Brought before this Council for Examination. 

Resolved that this Council be & hereby is Adjourned to 8 °Clock 
Tomorrow Morning. 

Thursday 14 June 1781. 

To His Excellency Thomas Chittenden Esquire and the Honorable 
Council of the State of Vermont comes Ebenezer Walbridge and 
Thomas Porter Esquires, Committee for signing the Bills of Credit 
Emitted by this State, and on Oath Complain, inform & give said 
Governor and Council to Understand that this Instant 13 th June Your 
Complainants have rec d a forty shilling bill of M r - Martin 1 of this State 
Currency N°- 36 which your Complainants is very confident is not of 
their Signing, & Counterfeit, that your Complainants have just reason 
to suspect & do Suspect Judah Paddock Spooner, Timothy Green, 
Samuel Avery & Ezra Stiles Esq r - of Westminster in the County of 
Windham are concerned in the Wicked plan of Counterfeiting said 
Money, all which wicked conduct is contrary to the force and effect of a 
certain Statute Law of this State in such case made and provided, and 
against the peace and dignity of the Freemen of this State. Your 
Complainants therefore prays a writ may go forth to apprehend said 
persons that they may be examined and dealt with as the law directs. 

Ebenezer Walbridge, 
Thomas Porter. 

Bennington, June 13 th 1781. 

Sworn before me date above, Moses Robinson, Assistant. 2 



State of Vermont, Bennington June 13 th 1781. 
To the Sheriff of the County of Windham, his Deputy, or Either of 
the Constables of Westminster, and for want of a proper officer to be 
had, 
To Benjamin Fay Esq r - Greeting — 

You are hereby authorised & commanded, in the name and by the 
authority of the freemen of the State of Vermont, to apprehend the 
bodies of the above named Judah P. Spooner, Timothy Green, Samuel 
Avery, Ezra Stiles Esq rs - all of Westminster in the County of Windham, 
& them forthwith bring before the Governor and Council in the Council 
Chamber in Bennington— And make diligent Search in all Suspected 
places & Break Locks and Doors for Counterfeit Money. Hereof fail 
not, & of this Writ & your doings make returns according to law. 

p r order, Joseph Fay, &e&- 

Westminster 15 th June 1781. 3 
Then personally served the within Warrant by attaching the bodies of 
the within named Defendants and have them now in Court. 

Benjamin Fay, Sheriff. 

1 Probably Daniel Martin, at that time a representative for Putney 
who was a speculator in money, as the journal of the House discloses. 

2 This was the title of members of the Executive Council when acting 
in their capacity as justices of the peace. 

8 This may have been the true date of the return, but it appears by the 
date of the return of the next warrant that two of the arrested parties 
were in Bennington on the 14th. 



Governor and Council — June 1781. 103 

State of Vermont. In Council, Bennington 13 June 1781. 

To the Sheriff of the County of Bennington, or his Deputy, or either 
of the Constables of said Town, Greeting, — 

You are hereby Commanded, in the name and by the Authority of the 
freemen of the State of Vermont, to apprehend the* bodies of Samuel 
Avery and Ezra Stiles Esq r - & cause them to be brought forthwith 
before this Council to answer a Complaint this day Exhibited by 
Thomas Porter Esq r - & Col - Ebenezer Walbridge against the said 
Avery and Stiles suspecting them to be confederate in Counterfeiting 
the bills of credit of this State. Hereof you may not fail, and return 
this Writ with your doings thereon. 

Given under my hand date above. 

By order of Council, Joseph Fay, Secy- 

Bennington, June 14, 1781. 
Then served the within Warrant by apprehending the bodies of the 
within named Samuel Avery and Ezra Stiles, and have them now before 
this Council. Jonas Galusha, Sheriff. 

State OT V E BMO OT .|C^eilcS:r ) ?r J tT 1 78i! n 

To Sergeant Rums Branch or M r - Stephen Hopkins. 

You are hereby required and Commanded to take to your assistance 
three faithful men, with Arms and Ammunition, as soon as this shall 
come to your hand, and proceed to some narrow passing on the road on 
the east Mountain that leads to Woodford, and place your Guard at a 
proper distance from the Road so as to discover all persons who may 
pass and to Stop and to take into Custody all who you shall find passing 
to the Eastward, so as not to be discovered, till this Evening, then to 
return them to Bennington. You will take Special care not to discover 
yourselves to any who may be passing to the Westward. Hereof you 
may not fail. 

By order of the Governor and Council, Joseph Fay, Secy- 

According to the directions of the within Warrant, I proceeded to the 
East Mountain and fulfilled the directions of the within Warrant but 
found no person passing to the Eastward. 

P r Stephen Hopkins. 

Bennington, June 15 th 1781. 1 

M r - Samuel Avery and Ezra Stiles Esquires, who were made prisoners 
on Suspicion of being confederate in Counterfeiting the bills of Credit 
of this State, were Examined and Liberated for the present. 2 

Adjourned until 7 °Clock Tomorrow Morning. 

1 The probable purpose was to prevent the escape of any body then 
implicated, or who might be implicated, in the supposed crime of coun- 
terfeiting. 

2 On the 18th a like entry was made as to Mr. Spooner, and also as to 
John Gould, who was not named in either of the foregoing warrants. 
At the session of the General Assembly in the preceding April, the issu- 
ing of bills of credit by the State to the amount of £25,155 was author- 
ized, and counterfeiting those bills was a capital crime. The bills were 
to be printed under the inspection of " Matthew Lyon, Edward Harris, 



104 Governor and Council — June 1781. 

Friday 15 June 1781. 

Council met according to adjournment and proceeded to business. 

Date above personally appeared Jonathan Hunt Esquire who is 
Elected Sheriff in and for the County of Windham within this State as 
principal, Luke Knowlton and Arad Hunt Esquires as Sureties, & 
acknowledge themselves jointly and Severally Recognized and bound 

and Ezra Styles Esquires," and were to be delivered to " Honorable 
John Fassett, Ebenezer Walbridge, and Thomas Porter, Esquires, a 
committee for signing and numbering said bills." — See Slade's State 
Papers, p. 424. Mr. Styles, therefore, was one of the committee to in- 
spect the printing. Spooner and Green were the printers employed. 
What connection Avery and Gould had with the work does not appear. 
They were both residents of Westminster probably, and it is possible 
Martin received the counterfeit bill from one of them. However this 
may be, the examination resulted finally in establishing the innocence 
of all the parties implicated, as appears from the following entry on the 
Assembly Journal under date June 21 1781 : 

The Committee appointed to inspect the press for printing the Bills 
of Credit &c. made a verbal Report — and one Chaffee and the printer- 
Boy- were examined before this House by John Fassett and Paul Spooner 
Esq rs - Assis ts - relating to Counterfeiting the Bills of Credit of this State 
and both owned the fact. 

Ezra Styles, Esq., according to the Assembly Journal, represented 
Keene, N. H., in the Vermont Assembly in Oct. 1781; and according to 
Slade, Ezra Stiles, Esquire, was one of the nine commissioners 
appointed at that time to settle boundary lines between Vermont and 
New York and New Hampshire. Ezra Stiles, said to be a son of 
Rev. Dr. Ezra Stiles of New Haven, Conn., came to Westminster at an 
early day, settled there as an attorney, and " died long before his learned 
and venerated father," who died in 1795. He was more than once 
employed by the State in respect to printing, and probably he was the 
representative for Keene in 1781. See Thompson's Gazetteer, 1824. 
According to Drake's Biographical Dictionary, Dr. Ezra Stiles, jr., son 
of Rev. Dr. Stiles, died in North Carolina in 1784. 

Timothy Green, of New London, Conn., (a descendant of Samuel 
Green of Cambridge, Mass., the second printer in New England,) 
established a press at Norwich, Conn., in 1773, and afterward continued 
the business in New London. Judah-Padock Spooner (he thus 
printed his name) was a brother in law of Green and served his 
apprenticeship with him. The two were partners in business at 
Westminster in 1781. See note ante p. 12; Isaiah Thomas's History of 
Printing; and Thompson's Vermont, Part n, p. 171. 

Samuel Avery of Westminster was deputy sheriff in Windham 
county in Oct. 1782, and in that capacity executed the sentence of 
banishment upon sundry violent "Yorkers." A person of the same 
name — probably another man — was sent to the legislature of New York 



Governor and Council — June 1781. 105 

unto the Treasurer of this State in the Sum of two thousand pounds 
lawful money for the faithful performance of the said Jonathan in his 
said office of Sheriff in and for said County in discharging the duty and 
for the answering of all ^uch Damages as any peison or persons shall 
sustain for any unfaithfulness or neglect in the Execution of said office. 1 
Attest, Joseph Fay, Secv- 



Bennington 15 June 1781. 

Personally appeared Col - Robert Johnson who is Elected Sheriff in & 
for the County of Orange within this State as principal, Cap 1 - Luther 
Richardson & Col - John Taplin as sureties, and acknowledge themselves 
jointly and severally recognized and bound unto the Treasurer of this 
State in the Sum of two thousand pounds lawful money for the faithful 
performance of the said Colonel Robert Johnson in the said office of 
Sheriff in and for said county, in discharging the duty & for the 
answering of such damages as any person or persons shall sustain by 
any unfaithfulness or Neglect in the Execution of sa d Office. 

Attest, Joseph Fay, 8e&- 

Council Adjourned until 8 °Clock Tomorrow Morning. 

Saturday 16 June 1781. 
Council met according to Adjournment. 

Having passed the day & Nothing matter of record, Agreed to adjourn 
until Monday next one °Clock afternoon. 

Monday 18 June 1781. 

Council met according to Adjournment and proceeded to business. 

M r - Spooner Printer & John Gould having been made prisoners on 
suspicion of being confederate in Counterfeiting the bills of Credit of 
this State were Examined and Liberated for the present. 2 

Adjourned to 8 °Clock Tomorrow Morning. 

Tuesday 19 June 1781. 

Council met according to Adjournment. 

His Excellency the Governor and Council joined in a Committee of 
the whole. [On the union with the Western District.] 

Voted Timothy Brownson Esq r - to join a Committee from the 
Assembly to receive the Militia Act & Report. 

Voted that his Honor General Carpenter and John Throop Esquires 
join a Committee from the Assembly to make a bill of Depreciation for 
the payment of Col. Warner's Regiment. 3 

in March of the same year, as agent of Brattleborough, Halifax, and 
Guilford, to urge the enforcement in Vermont of the authority of New 
York. — See B. H. Hall's Eastern Vermont. The latter probably was 
the claimant to Vermont land under New York grants, subsequently 
noticed. 

l A notice of Mr. Hunt is reserved for use when he appears as 
Councillor. 

2 See extract from the Assembly journal on the preceding page. 

3 For act see Slade's State Papers, p. 437. By the first section of the 
militia act of Feb. 1779, the Lieut. Gov. was made Major General. Gov. 
Chittenden gave that title to Lieut. Gov. Marsh in 1778.— See Vol. I, p. 
257. 



106 Governor and Council — June 1781. 

Voted that Colonel Robinson be added to the above Committee. 

Voted that his honor Doct r - Spooner wait on the General Assembly to 
request them to appoint a Trusiee of Loan Office. 

The following is a Copy of a Resolution of the General Assembly viz 1 - 
State of Vermont. In General Assembly June 19 1781. • 

Resolved that Col - Ira Allen be & he is hereby appointed Trustee of 
Loan Office for this State. 

Extract from the Journals, Roswell Hopkins, Clerk. 

Resolved that M r - Samuel Sherman be employed to ride post from his 
Excellency's in Arlington to Camp Head Quarters [at Castleton] once a 
week three months from the date hereof, to go up one road bjt the way 
of Tinmouth and return by the way of Pawlet; that for his Encourage- 
ment he be allowed fourteen shillings per week out of this State's 
Treasury, he to convey all public letters & dispatches free of all other 
expence. 

Adjourned to 8 °Clock Tomorrow Morning. 



Wednesday 20 June 1781. 
Council met according to Adjournment. 

No Matters of Record having passed this day Adjourned until 8 °Clock 
Tomorrow Morning. 1 

Thursday 21* June 1781. 

Council met according to Adjournment. 

A remonstrance signed Benjamin Sutton, and others inhabitants of 
Stamford to the amount of two, against Benjamin Tupper being Com- 
missioned as Justice of the Peace, was read. Said Tupper having been 
notified to appear at this time in Vindication if he see cause, Edward 
Higby and two others the remonstrants appeared. The said Tupper not 
having appeared to make defence, several Evidences were taken in Sup- 
port of said Remonstrance. This Council having taken the same under 

1 From the Assembly Journal: 

His Excellency Gov r - Chittenden desired to be dismissed as one of 
the Committee of Pay Table. Granted. 

On the same day Col. John Strong was elected to fill the vacancy. 

Gen. John Strong was born in Salisbury, Conn., in 1738; married 
Agnes McCure, (a native of Edinburgh, Scotland,) in 1759; and settled 
in Addison in 1766. In 1777 he was captured by a party of British and 
Indians, but was paroled by Gen. Frazer; when, travelling through 
Vermont in search of his family, he found them at Dorset, where he 
remained until 1783, and then returned to Addison. He represented 
Dorset from 1779 to 1783, and Addison from 1784 until 1787— in all 
seven years. He was assistant judge for Bennington county in 1781 
and '82, and chief judge for Addison county from 1785 until 1801 — in all 
eighteen years. He was also judge of probate for Addison county from 
1786 until 1802 — sixteen years; member of the Council from 1786 until 
1803 — seventeen years; and a delegate in the Convention of 1791. He 
was a member of the Congregational church, and a consistent Christian. 
His death occurred in June, 1816. For other details see Vt. Historical 
Magazine^Vol. i, pp. 7-10; and see also Deming's Catalogue. 



Governor and Council — June 1781. 107 

consideration are of opinion that his Appointment is Illegal and order 
that his Commission be suspended. 

Attest, Joseph Fay, Se&- 

Thomas Chandler [jr.] Esq r - moved for a dismission from Council for 
the present session which was granted. 

Adjourned to 8 °Clock Tomorrow Morning. 1 



Friday, June 22, 1781. 

Council met according to Adjournment. 

Voted that Jeremiah Clark & Paul Spooner Esq rs - join a Committee 
from the General Assembly to take under Consideration the Bills of 
Credit of this State. 

Voted that Colonel Moses Robinson be a Committee to join a Com- 
mittee from the General Assembly upon a petition signed Jonathan 
Grant in behalf of the Inhabitants of Lunenburgh. 

Voted that the Treasurer be & he is hereby directed to pay unto Jo- 
seph Farnsworth Esq r - Commissary General of purchases, the sum of 
Sixty pounds L. Money in specie for the purpose of disbursing the sum 
upon a particular Contract, made between him the said Commissary and 
Captain Arad Hunt of Hinesdil [Vernon] for Cattle purchased for the 
use of the State. He the said Commissary General to be accountable. 
Attest, Thomas Tolman, D. 8e&- 

State of Vermont. Ix General Assembly June 20 th 1781. 

The votes being called for a Brigadier General of the first Brigade, 
Col - Samuel Safford was Elected. 

The votes being called for a Brigadier Gen 1 - for the Second Brigade, 
Colonel Samuel Fletcher was Elected. 2 

Extract from the Minutes, B. Woodward, Clerk P. T. 

1 From the Assembly Journal: 

Thursday, June 21 st - [A. M.] 
The Council sent back the Report of the Committee passed this House 
on the petition of Captains Frye Bayley [Trye Bayley in Vt. 'Historical 
Magazine, Vol. n, p. 939,] and Nehemiah Lovell [Lovewell] " not con- 
curred with " — Therefore 

Resolved that a Committee of three be appointed to confer with the 
Council (or a Committee appointed by them for that purpose) on the 
subject of said Report, and Report their reasons for not concurring with 
the same. — The members chosen M r - Prentice, M r - Whipple and M r - 
[Gideon] Olin. 

P. M. 
Resolved to reconsider the Resolution accepting the Report of the 
Committee on the petition of Capt. Frye Bayley and Capt. Nehemiah 
Lovell and said petition is hereby dismissed. 

2 These elections were made to fill vacancies occasioned by the refusal 
of Ethan Allen and Benjamin Bellows to accept this office, to 
which they had been elected on the 11th of the preceding April. Hon. 
Hiland Hall has a copy of a letter written by Ethan Allen, on the 
14th of April 1781, and addressed to Gov. Clinton, in which Allen 
tendered his own services, and the services of two other Vermont offi- 
cers, to New York, to defend that State "against their cruel invaders." 
This letter is explained by Mr. Hall as an attempt to show Gov.- Clinton 
that his distrust of Allen's patriotism, was unfounded. Allen had 



108 Governor and Council — June 1781. 

Voted that Nathan [Nathaniel kartell] Prentice Esq 1- - of Alstead [N. 
H.] be and he is hereby appointed an Assistant Judge for the County 
Court in and for the County of Washington until another may be cho- 
sen by regular Election & qualified to succeed him Agreeable to the 
Constitution of this State. 
By order of His Excellency & Council, Tho s - Tolman, D. Secv- 
Council Adjourned until Tomorrow Morning 8 °Clock. 

Saturday June 23 d 1781. 
Resolved that the Charter for the Township of Jamaca be drawn so as 
to Extend to the East line of Stratton, thereby Including a Gore of Land 

been distrusted from the truce with Carleton in October 1780; he felt 
bound to defend himself; and he did so by his letter to Congress March 
9 1781, accompanied by Beverly Robinson's letters, and by communi- 
cating the same documents to the Vermont Assembly on the 12th of 
April. Two days thereafter he made the third movement for the same 
purpose by this letter to Clinton. Remembering only the hostile rela- 
tions of Allen and Clinton, this letter will be deemed extraordinary; 
but remembering further, that Allen compelled Carleton to include New 
York as well as Vermont in the truce, his act and his letter are seen to 
be in perfect harmony. About this time the command of all the Ver- 
mont troops in service was given to Roger Enos, but precisely how 
does not appear from any record. As the governor could not serve in 
the field as commander-in-chief without the assent of the Council, the 
editor presumes that Governor Chittenden, with the approval of the 
Council, designated Gen. Enos to take his place. '* Gen. Enos com- 
mands this State's troops in service," wrote Ira Allen to Gen. Haldi- 
mand, July 10 1781. Maj. Gen. Roger Enos entered the continental 
army at the opening of the revolutionary war, and in the expedition of 
Arnold through the forest of Maine to Quebec in the autumn of 1775, 
he commanded the rear division, consisting of eleven hundred men. 
When the difficulties were so great as to make the enterprise questiona- 
ble, a council of war was held, and under the spur of Arnold's zeal it was 
determined to go on, and Enos was ordered to bring up his strongest men 
and leave the sick and feeble to return ; but he took the responsibility of 
returning with his whole command. For this he was at first harshly 
censured, but ultimately his conduct was excused by the circumstances 
of the case. Gen. Enos first appeared in Vermont history in March 
1780, when the town of Enosburgh was granted to him and his asso- 
ciates. He appears next as above, commander of all Vermont troops in 
service, when he was among the few cognizant of the Haldimand cor- 
respondence, and governed his military movements accordingly. His 
residence was in Hartland until after 1791, as the record shows that he 
represented that town on several occasions from October 1782 to October 
1792. The closing years of his life were spent with his daughter, Mrs. 
Ira Allen, in Colchester, where he died, Oct. 6 1808, in the seventy- 
third year of his age. He was a major general in the Vermont militia. 



Governor and Council — June 1781. 109 

Lying East of said Stratton, and that the number of 10 persons be added 
as proprietors in said Township of Jamaca, and the Surveyor General is 
hereby directed to draw the bounds of said Charter accordingly. 

Resolved that Judge Jones * be and is hereby directed to insert the 
name of Nathan [Nathaniel] S. Prentice Esquire in the Commission for 
the Judges of the County Court for the County of Washington as an 
Assistant Judge. 

Council adjourned to 2 °Clock Afternoon. 

Met according to Adjournment. Nothing passed as Matter of Record 
and Adjourned until Monday Morning Next 9 °Clock. 



Monday June 25 th 1781. 
Council met according to Adjournment. 

His Excellency Thomas Chittenden Esquire being absent by Illness 
his Honor the Lt. Governor in the Chair. 

Having joined sundry Committees from the General Assembly, 
Adjourned to 8 °Clock Tomorrow Morning. 

1 Daniel Jones of Hinsdale, N. H. 

From the Record of the Board of War: 

Bennington, 23 June 1781. 
We the subscribers being desiared by the Hon ble Bord of War to 
viset the frontiers of the State of Vermont and report where in our 
opine the garisons ought to be built for the best defence of the above 
said State 

Begg leave to report first that the garisons at Pitsford ought to be re- 
moved back from the place where it now stands nigh Sutherland's mills 
or such particular spot as Col - Fletcher shall direct. 2 d - That the gari- 
son at Castleton ought to be removed West from where it now stands 
nigh to Blanchards mills, that the fort to be built at Skeensborough 
[Whitehall, N. Y.] ought to be built on a small hill where one Willson 
lives or Norwest about 5 or 6 hundred yards as Col - Walbridge shall 
direct Taking into Consideration the conve'cy of Water. That Each of 
the above said forts ought to be built to Consist of a small picket and a 
strong block house. That the fortification at Castleton as it is most 
likely will be Considered Hed Quarters ought to be much the Largest. 
All which is submitted to your Hon 8 - 

Your very humble servants, 

Roger Enos, 

Samuel Fletcher, 

Samuel Herrick, 

Gideon Armsbury [Ormsby.] 

State of Vermont. In General Assembly June 23 d 1781. 
The within was read and ordered that a Committee of three be ap- 
pointed to hold a conference with the within named persons respecting 
removing the Garison at Pittsford &c. and make report. — The members 
qhosen M r - E. Smith, M r - B. Whipple and M r Post. 

Attest, Ros. Hopkins, Clerk. 

In General Assembly June 26 1781. 
The above named Committee made a verbal report whereupon re- 
solved that it be recommended to the board of War to order about one 
hundred men to be stationed at the said garrison as Pittsford for tne 
support of it. Attest, B. Woodward, Clerk F. T. 



110 Governor and Council — June 1781. 

Tuesday 26 June 1781. 
Council met According to Adjournment. 

Resolved that Colonel Israel Morey be & hereby is appointed Judge 
of Probate for the time being in and for the district of Haveral [Haver- 
hill, N. H.] in the County of Orange. 1 

Attest, Joseph Fay, Secy- 

Adjourned to 8 °Clock Tomorrow morning. 



Wednesday 27 June 1781. 
Met according to Adjournment. 

Agreable to the request of the General Assembly of yesterday, 
Resolved that Colonel Henry Amanuel Lutterloh & "Major Thomas 
Coggsel be and they are hereby Authorised & [empowered] to Locate a 
tract of Land Six Miles Square in some unappropriated part of this State 
in such form as to join in form to some Town or Towns Granted by this 
State & make returns of such Location to Ira Allen Esq. Surveyor 
General of this State in order to obtain a Charter of Incorporation. 2 
Per order of his Excellency the Governor and Council, 

Joseph Fay, Secy- 
Adjourned to 8 °Clock Tomorrow Morning. 

1 The territory on the east side of Connecticut river was divided into 
four probate districts, named Keene, Claremont, Dresden, and Haverhill. 

Two incidents occurred in the Assembl3 r on this day which illustrate 
peculiarities in the relations of the two houses under the first constitu- 
tion. One was the presence of Councillor Fay in the House to make an 
important motion; and the other was the passage of an act by the House 
against the opinion ol the Council. 

In General Assembly, June 26 1781. 

On motion of Doet r - Fay, 

Ordered that the doors be shut. 

Resolved that a Committee of five to join a Committee from the 
Council be appointed to take into consideration the petitions from the 
Massachusetts line [officers] and Col - H. E. Lutterloh and associates, 
and Report — The members chosen M r - Strong [John of Dorset,] M r 
[William] Page, M r [Edward] Harris, M r [Isaac] Wyman, and M r - 
[Ebenezer] Curtiss. 

On the 27th the Assembly voted grants in accordance with the peti- 
tions, and they were executed by the Governor and Council. — See 
observations on land grants, ante pp. 61-64. 

The Governor and Council having proposed that the "Act" passed 
this day u to prevent turning streams of water out of their natural 
course '' be referred to the next session — the question was put whether 
the said Act be referred; and it passed in the negative. The said Act 
was then read the 3 d time and Enacted into a Law of this State. 

2 Henry Emanuel Lutterloth of New York was appointed Dep- 
uty Quarter Master General by Washington, June 30 1777. The town 
of Albany was chartered by this resolution by the name of Lutterloh. 
Maj. Thomas Cogswell was from Haverhill, Mass., and ultimately a 
citizen of Gilmanton, N. H. 



Governor and Council — June 1781. Ill 

Resolved that Brigadier Generals John Glover and John Patterson be 
& they are hereby Empowered and fully .Authorised to Locate a tract of 
Lands six miles Square in some unappropriated part of this State in such 
form as to join some town or towns Granted by this State & make returns 
to Ira Allen Esquire Surveyor General of this State in order to the Ob- 
tainining a Charter of Incorporation. 1 

By order of the Governor and Council, Joseph Fay, 8e&- 

Adjourned to 8 °Clock Tomorrow Morning. 2 



Thursday 28 th June 1781. 
Council met according to Adjournment and having passed a number 
of Acts and Transacted some other business of the day Resolved to 
Adjourn to 8 °Clock Tomorrow Mwrning. 

Friday 29 th June 1781. 

Resolved that Warrants be issued and directed [to] the respective 
Sheriffs in this State to Collect the British prisoners which may be 
found within the limits of this State and Cause them to be Safely 
conveyed to Head Quarters at Castleton by the 10 day of July next. 

Resolved that Joseph Fay Esquire be and he is hereby appointed 
Commissary General of Prisoners for this State and that his Excellency 
the Governor be requested to make out a Commission for that purpose. 3 

Whereas Colonel William Williams 4 has made application for taking 
off part of the Granting fees for the lands Granted him formerly known 

J Gen. John Glover of Marblehead, Mass., raised one thousand men 
at the opening of the revolutionary war, which constituted what was 
popularly known as "the amphibious regiment," sailors and landsmen, 
and took rank among the best in the army. Glover's men manned the 
boats on the retreat from Long Island. He was appointed Brigadier 
General Feb. 21, 1777; was in active service until 1780; took part in the 
capture of Burgoyne, and conducted the captured to Cambridge. Col. 
John" Patterson of Massachusetts, afterward of New York, was 
promoted to a Brigadier Generalship at the same time as was Glover. 
The town of Glover was chartered to them and their associates. 

2 From the Assembly Journal: 

Resolved that it be recommended to the board of war to order about 
one hundred men to be Stationed at the garrison at Pittsford for the 
support of it. 

3 It appears from The Haldimand Correspondence that as early as May 
22 1781, Ira Allen had engaged that Haldimand should hear from Ver- 
mont about the middle of July, adding: "he thinks the commissioners 
will by that time be sent to exchange some prisoners, (provided he has 
a certainty of their being exchanged,) and will have power finally to 
determine whether Vermont is to be admitted as a province or not." 
Both Allen and Fay were commissioned in July; and Fay met Hal- 
dimand's agents about the first of August, but he was not authorised to 
close with the offer of the British general. 

4 Col. William Williams moved from Northborough, Mass., to Marl- 
borough, Vt, in 1769; and to Wilmington previous to 1777, as in that 
year he represented the last named town in the convention at Windsor 



112 Governor and Council — June 1781. 

by the name of Reedsborough, whereupon Kesolved that the Granting 
fees for Each right be Eight pounds in Silver or the value. 

Whereas it has been represented to this Council that there is not a 
supply of provisions in Store for the use of the Troops of this State, and 
Whereas it is found Impracticable to prepare the Same 

Therefore Resolved that the Secretary be and he is hereby directed to 
Issue his Warrants in behalf of the Governor and Council to the Com- 
missary General to seize such quantities of provisions as necessity may 
require for the Support of the Troops of this State, and from such per- 
sons only as have more than for their families use, for which a reasona- 
ble price must be given. 

Resolved that the price of the Township Granted to Col - Ira Allen & 
Company in February last lying north of Cambridge be nine pounds L. 
Money for Each Right, & that there be sixty five in number Exclusive 
of five public Rights. 

Resolved that the Township of Land Granted to Col - Ira Allen in 
Feby last which is to be laid out between Misisque Bay and the main 
Lake to Include Windmill point, to have an equal number of proprie- 
tors to the quantity of Land as is Allowed in other Townships Granted 
by this State, that Each proprietor pay Twelve pounds for Each right. 

Attest, Joseph Fay, Sec?- 

The End of June Session Holden at Bennington, 1781. 

Joseph Fay, Secv- 

which adopted the constitution. By that convention he was appointed 
one of a committee of three to procure arms for the State. He served 
in what is called " the French war," which ended in the treaty of peace 
signed at Paris Feb. 10 1703. In June 1775 Col. Williams offered his 
services to New York, in conjunction with Benjamin Wait and Joab 
Hoisington, to raise a regiment to serve as minute-men for the defence of 
Cumberland county against " regulars, Roman Catholics, and the sava- 
ges at the northward." July 4 1775, Ethan Allen and Seth Warner 
commended him very highly for an appointment as major by Con- 
gress in Warner's regiment, should opportunity occur; and in August 
1777 he distinguished himself as commander ot a regiment at the battle 
of Bennington. " As an officer," said B. H. Hale, " he was brave, en- 
ergetic, skillful, and humane: as a citizen, enterprising, active, and pro- 
gressive: as a neighbor, kind, polite, and attentive. The elegance and 
symmetry of his form were as perfect as his manners were agreeable. 
He was held in high estimation by the inhabitants of the various towns 
in which he dwelt at different times, and though of a wandering dispo- 
sition, could easily accommodate himself to any circumstances in which 
he might be placed." Col. Williams was a deputy from Cumberland 
county in the provincial Congress of New York for the sessions com- 
mencing in May and November 1775, and May 1776; and representative 
of Wilmington in the General Assembly of Vermont from October 1779 to 
October 1781. In 1782 he seems to have been a resident of Marlborough 
again; but after the revolutionary war had been closed, he removed to 
Lower Canada, where he died in 1823. — See Vol. I; also Vt. Hist. Soc. 



Board of War — June to October 1781. 113 

The following shows that the Board of War was in session on the 28th 
and 29th, though no proceedings are recorded. Doubtless the hundred 
men were ordered to Pittsford : 

The Debenture of the Board of War, June 29 th 1781. 
Major Moordock 2 days £0 14 

[Rgc d ] Thomas Moordock. 

Samuel Robinson 2 days 14 

[Rec d ] Samuel Robinson. 

The rest of the Members made up in the Council. 

The following entries are from the Record of the Board of War: 

State of Vermont Dr. To Joseph Bradley, 
To Sitting in the Board of War — 

To three days at 7 shillings— 4 miles travel £12 4 

" two " at 7 shillings— 4 miles travel 15 4 

" one " at 7 shillings— 4 " " 8 4 

" three " at 7 shillings— 4 " " 12 4 

" U " at 7 shillings— 4 " " 11 10 



£4 2 
Pay Table Office Sept. 5 th 1781. 
The within account examined and approved and the Treasurer is di- 
rected to pay the same to Joseph Bradley Esq. or bearer being 4 Pounds 
two pence Lawful money. 

Timothy Brownson, > Committee of 
John Strong, | Pay Table. 

Treasurer's Office, Sept. 6 th 1781. 
Received of Ira Allen Esq. Treasurer the contents of the above being 
four Pounds two pence Lawful money. 

£4 2. Joseph Bradley. 

[Return of the u Training Band " in Rockingham.'] 
Captains 1, Subalterns 1, Ensigns 1, Clerk 1, Sergeants 3, Drummers 
and fifers 0, Rank and file 53, Total Training Band 60, Arms in repair 20, 
Arms not in Repair 8, Arms wanting 35, Powder in Store 6 lbs., Powder 
wanting 54 lbs., Lead wanting 108 lbs., Flints in store 20, Flints wanting 
340. 

The above is a true List of the Training Band containing what Arms 
is Wanting, what in repair and out of repair, what powder in store and 
What is wanting and flints to complete said Company, attested 

By us, Wm. Simonds, ) Capt. 

Eb r - Fuller, > Lieut. 
Ezra Whitney, ) Ensiqn. 
Rockingham, Oct. 6°> 1781. 

Collections, Vol. i; Eastern Vermont; Rev. E. H. Newton's Ms. History 
of Marlborough, in the library of the Vt. Historical Society; and Dem- 
ing's Catalogue. 



THE FIFTH'COUNCIL 

OCTOBER 1781 TO OCTOBER 1782. 



Thomas Chittenden, Williston, Governor. 
ion, N. H., j 
Councillors : 



Elisha Payne, Lebanon, N. H., Lieutenant Governor.* 



Joseph Bowker, Kutland, 
Timothy Brownson, Sunderland, 
Paul Spooner, Hartland, 
Moses Kobinson, Bennington, 
Jonas Fay, Bennington, 
Peter Olcott, Norwich, 



Ira Allen, Colchester, 

Benjamin Emmons, Woodstock, 

John Eassett, jr., Arlington, 

Samuel Eletcher, Townshend, 

John Throop, Pomfret, 

Bezaleel Woodward, Dresden. 
N. H. 1 



Joseph Fay, Secretary. 

Thomas Tolman, Deputy Secretary. 



BIOGRAPHICAL NOTICE. 2 
Bezaleel Woodward was a native of Lebanon, Conn., and a grad- 
uate of Yale college in 1764. He was professor of mathematics and 
natural philosophy in Dartmouth college, married a daughter of its first 
President Wheelock, and continued in that institution, of which he was 
a trustee, until his death, Aug. 25, 1804. He seems to have been active 
from the first in promoting the union of the western New Hampshire 
towns with Vermont. He represented Dresden, [the college lands in 
Hanover,] on the first union in 1778, and again on the second in 1781, 
officiating as Clerk of the House at one time, and at another as Secre- 
tary pro tempore of the Governor and Council. During the second union 
he was appointed judge of probate for the district of Dresden, one of a 
committee to revise the laws of the State, and one of the agents to 

1 Until February 1782. 

2 For notices of Messrs. Fassett, Fletcher, and Throop, see ante, 
pp. 1-3 ; and of all other members of the Board except Mr. Wood- 
ward, see Yol. I. 



Governor and Council — October 1781. 115 

Congress. He was also elected one of the judges of the Superior Court in 
1781, but declined the office. His official service in Yermont of course 
terminated on the dissolution of the eastern and western unions in 1782. 
— See Blake's Biographical Dictionary. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THEIR 

SESSION WITH THE GENERAL ASSEMBLY AT CHARLES- 
TOWN, N. H., OCTOBER 1781. 1 



State of Vermont. In Council Charlestown 11 Oct. 1781. 
Present His Excellency Tho s - Chittenden Esq. and the following mem- 
bers of the Honorable Council, viz'- 

Moses Robinson, Ira Allen & 

Timothy Brownson, Thomas Chandler Jr. Esq 1 "- 

Paul Spooner, Joseph Fay, Secy- 

Resolved that a Committee of five be appointed to join a Committee 
of the House to receive , sort & count the Votes of the Freemen and 
Declare the Several persons chosen into office for the year Ensuing. — 
Members chosen M r - Robinson, M r - Brownson, M r - Chandler, M r - Spooner 
and M r - Allen. 
Adjourned to 8 °Clock Tomorrow. 



Friday 12 th October 1781. 

Council met according to Adjournment. 

The Committee to receive, sort & count the Votes of the Freemen, 
Reported the persons hereafter named to be chosen into office respec- 
tively as follows viz 1 - — 

Hi's Excellency Thomas Chittenden Esq r - Gov r - 

Deputy Governor not chosen by the Votes of the Freemen. 

Hon ble Ira Allen Esquire Treasurer and the 

1 From Ira Allen's History of Vermont, in Vt. Hist. Soc. Collections, 
Vol. i, p. 436: 

In October 1781 the Legislature met at Charlestown, in the East Un- 
ions, when the Government of New Hampshire sent a Major Reynolds, 
with two hundred men, as was supposed, to stop the election and session 
of the Legislature; the friends of Vermont advised the Major, if he had 
any instructions from New Hampshire which were hostile to Vermont 
and the East Union, that it would be for the sake of humanity advisable 
for him to keep them to himself, as his force would not avail; this he 
prudently did, and the Assembly convened and proceeded to business 
without opposition. 



116 Governor and Council — October 1781. 

Hon ble Jonas Fay, Samuel Fletcher, 

Paul Spooner, Bezaleel Woodward, 

Moses Robinson, John Throop, 

John Fassett Jun r - Benjamin Emmons, 

Ira Allen, Peter Olcott, 

Joseph Bowker, Timothy Brownson 1 Esquires, J O 

The several Officers being present, Having taken the several qualifi- 
cations required by Law, proceeded in conjunction with the General 
Assembly to the choice of a Deputy Governor. The Ballots being 
taken his honor Elisha Payne Esquire was declared chosen for the year 
ensuing. 

Adjourned to 2 °Clock P. M. 

Council met according to Adjournment. 

Voted that Beza. Woodward* Esquire join a Committee of the House 
to arrange the necessary business of the present Session and make 
Report. 

The Governor and Council proceeded to the choice of a Secretary. 
The Ballots being taken Joseph Fay Esq 1- - was declared chosen. 2 

A petition Signed Hugh McCarty was read and referred to the 
General Assembly. 

A number of papers signed Joseph Dyer relative to Fane Charter, or 
New Patmos, was read and referred to the Gen 1 Assembly. 3 

Council Adjourned to 8 °Clock Tomorrow. 



Saturday 13 October 1781. 
Council met according to Adjournment, 

And in Conjunction with the General Assembly proceeded to the 
Choice of Judges of the Superior Court for the year ensuing. The 
Ballots being taken the following were duly elected and declared chosen 
viz*- 

His Honor Elisha Payne Esq 1 "- chief Judge. 
Moses Robinson, "] 

John Fassett, Jr. ( Side 

Beza. Woodward & [Judges.* 
Joseph Caldwell Esq r -J 

'Mr. Brownson's name is not in this list, but is in another list in the 
record of the 13th. 

2 Until this day the Secretary of Council had been Secretary of State. 
On this day Micah Townshend was elected to the last named office. 

3 ]|^ewfane, sometimes called Fane, and Patmos. 

4 Two of the judges elect were from the New Hampshire district, one 
from the western district, and two from Vermont proper— a distribution 
that was not satisfactory probably. Oct. 19 judge Robinson informed 
the House "that he should not accept his appointment as second judge 
of the Superior Court." He had been chief judge from the beginning. 
Paul Spooner was elected in his place. Oct. 23, Col. Caldwell, of Cam- 
bridge, N. Y., declined, and Jonas Fay was elected. Oct. 26, Bezaleel 
Woodward, of Dresden, N. H., declined, and Simeon Olcott was elected. 
Hon. Simeon Olcott was born in Connecticut in 1737, and a graduate 
of Yale college in 1761. He settled in Charlestown, ST. H., as an 



Governor and Council — October 1781. 117 

Ira Allen Esq r - required the directions of Council relative to paying 
out the hard money in the Treasury. Whereupon 

Resolved that the Treasurer suspend paying out any for the present 
as it is Wanted for Expences in voyages. 1 

Adjourned to 2 °Clock P. M. to meet at the house of Doct r - Page. 

Council met according to Adjournment. 

Voted M r Robinson and M r - Brownson to join a Committee appointed 
by the House to nominate a member [number, or list of candidates] 
for the Board of War and make report. 

Toted M r Woodward and M r Olcott to join a Committee from the 
House to Consider Col - Waits Complaint for Want of Money to March 
a Company of Men to Camp. 

Voted that the Members of Council shall Rank according to their 
former appointment which is as follows viz 1 - 

Joseph Bowker, Ira Allen, 

Timothy Brownson, Benjamin Emmons, 

Paul Spooner, John Fassett Jun r - 

Moses Robinson, Samuel Fletcher, 

Jonas Fay, John Throop & 

Peter Olcott, Beza. Woodward Esqr 8 - 

Adjourned to 10 °Clock Monday next then to meet at the Council 
Chamber. 

attorney, was judge of the superior court of Vermont from Oct. 1781 
until Feb. 13, 1782, chief judge of the court of common pleas in New 
Hampshire in 1784, judge of the K. H. supreme court in 1790, and chief 
justice in 1795. He was United States senator for New Hampshire from 
1801 to 1805. — See Drake's Dictionary of American Biography. The list 
of judges of the superior court of Vermont for 1781-2 in Slade's State 
Papers, and every subsequent printed list, is inaccurate. On the 
resignation of judge Simeon Olcott, Feb. 13, 1782, Samuel Fletcher was 
elected and declined to accept, when John Throop was elected. The 
judges from October 1781 until the dissolution of the eastern and 
western unions in February 1782, were Elisha Payne, Paul Spooner, 
John Fassett jr., Simeon Olcott, and Jonas Fay. Subsequent to the 
dissolution of the unions the list was as follows: Moses Robinson, Paul 
Spooner, John Fassett jr., John Throop, and Jonas Fay. In Slade's 
State Papers, pp. 553-5, it will be seen that Jonas Fay, Ira Allen, and 
Jeremiah Clark sat as assistant judges of the superior court when they 
had not been elected as such. This was done under the act of 1779 
establishing the court, which provided that in case of necessity through 
the absence or inability of judges to form a quorum, any member of the 
Executive Council might sit as judge. See Slade's State Papers p. 299. 

1 Thus in the copy of the record in the office of the Secretary of State. 
The fact was that the money was wanted for the expenses of the agents 
of the State at Congress and elsewhere, as Vermont bills of credit would 
hardly serve their purpose. These were the "voyages" in view. This 
use of the word Ira Allen was apt to adopt, though journeys or missions 
would have been better. 



118 Governor and Council — October 1781. 

[Monday, Oct. 15, 1781.] 

Council met according to Adjournment. 

Voted that M r - Olcott & M r - Robinson join a Committee of the House 
to provide ways and means for supplying the Treasury and consider the 
state of paper money. 

Voted that M r - Brownson & M r - Spooner join a Committee of the 
House to Concert measures for Supplying the Army. 

Voted that M r - Allen Wait on the House with two letters rec d from 
Brigadier General Stark and the orders given to the several Brigades 
of this State &C. 1 

Adjourned to 2 oClock P. M. 

Council met according to Adjournment 

And proceeded in conjunction with the House [to an election] of the 
Members of the Board of War, and a Committee of Pay Table. The 
ballots being taken the persons hereafter named were duly Elected and 
declared chosen viz* — 

Hon ble Timothy Brownson Esq r - Isaac Wyman Esq 1- - 

Benjamin Emmons Esq r - Thomas Murdock Esq r - 

Ira Allen Esq r - John Fassett [jr.] Esq r - 

Roger Enos Esq 1- - Joseph Bowker Esq r -' Members 

Joseph Caldwell Esq r - of the Board of War. 

Hon ble Timothy Brownson Esq r O 

Isaac Tichenor Esq r - and > Committee Pay Table* 
Nathaniel Brush Esq r - ) 
Adjourned to 9 °Clock Tomorrow Morning. 



Tuesday 16 October 1781. 

Council met according to Adjournment 

And agreeably to the order of the day His Excellency the Governor, 
The Honorable Council and General Assembly resolved themselves into 
a Committee of the whole to hear the report of the Agents to Congress, 
His Excellency Thomas Chittenden Esq r - in the Chair, Hon ble Beza. 
Woodward Esq 1 "- Clerk. 

Having heard the report of said Agents the Committee Adjourned to 
2 °Clock Afternoon. 

Council met according to Adjournment. 

The Hon ble Benjamin Emmons took his Seat in Council having taken 
the Necessary Oaths required by Law. 

Agreeable to Adjournment the Gov 1- - & Council met in Committee of 
the whole & his Excellency again resumed the Chair. Having debated 
largely on the Subject and taken sundry Votes, agreed to adjourn the 
Committee to 9 °Clock A. M. Tomorrow. 

1 Gen. Stark was then stationed at Saratoga, within the district over 
which Vermont claimed jurisdiction. On a report that the enemy had 
passed lake George, he applied to Gov. Chittenden for aid, by letters of 
the 8th and 11th Oct. 1781, in response to which the Governor issued 
orders to Generals SatTord and Enos and Col. Pearl. — See Assembly! 
Journal of Oct. 15, 1781. 

2 The joint committee nominated eighteen candidates for the Board 
of War, and six for the Pay-Table, and the above named gentlemen 
were elected from the lists. 



Governor and Council — October 1781. 119 

In Council, &c. 

Voted that M r - Allen and M r Fay join a Committee of nine from the 
House to Take into Consideration the opening the Law for the Trial of 
the Title of Lands and quieting ancient settlers, &c. and make report. 

Adjourned to 9 °Ciock A. M. Tomorrow. 



Wednesday 17th October 1781. 

Council met according to Adjournment 

And agreeable to the order of the day the Governor & Council again 
met [the House] in Committee of the Whole and proceeded as by their 
records may be seen. The Committee having adjourned to 9 °Clock 
Tomorrow Morning the Council returned & proceeded to business. 

Voted that M r - Bowker and M r - Allen join a Committee of five ap- 
pointed by the House to adopt proper measures for the defence of the 
State for the year ensuing. 

Adjourned to 9 °Clock tomorrow. 



Thursday 18 October 1781. 

Council met according to Adjournment 

And agreeable to the order of the day joined the General Assembly 
in a Committee of the Whole, & having l)ebated Largely on the Sub- 
ject of making proposals to Congress relative to our being rec d into the 
Federal Union, and several resolves being passed thereon, a Sub Com- 
mittee appointed &c. as may be seen by the records of said Committee, 
Resolved to Adjourn to 9 °Clock A. M. tomorrow, whereupon His Ex- 
cellency & Council returned to the Council Chamber and proceeded to 
business as follows viz' — 

Upon application made to this Council by M r - Eliakim Spooner for 
some consideration for his giving up the Grant of the Township of Roy- 
alton to the State and for extraordinary expence & damages sustained 
thereby, Therefore 

Resolved that M r - Spooner be allowed Twenty pound L. Money in con- 
sideration of his Expences and damages aforesaid. 

Adjourned to 2 °Clock P. M. 

Council met according to Adjournment. 

The following resolution being read was ordered to be recorded viz* — 
In General Assembly October 18 1781. 

Resolved that the first Thursday of December next be and is hereby 
appointed to be observed as a day of public Thanksgiving and prayer 
throughout this State, and the Governor is hereby requested to Issue his 
Proclamation accordingly. 

Extract from the Journals, Ros L Hopkins, Clerk. 

Council Adjourned to meet in one hour at Doct r Pages. 

Met according to adjournment and Adjourned to 9 °Clock Tomorrow 
Morning. 



Friday 19 th October 1781. 

Agreable to the order of the day the Governor & Council joined the 
General Assembly in Committee of the whole, the sub Committee having 
made their report which was Accordingly Accepted. ' 

Adjourned for one quarter of an hour. 

1 This closed the sittings of the committee of the whole on the then 
recent action of Congress. For the result, see Appendix H. 



120 Governor and Council — October 1781. 

In Council. 

His Honor Moses Robinson Esq. made application to be released dur- 
ing the present session, which was accordingly Granted. 

Joseph Fay Sec?- made a like application to be released during the 
present Session, which was accordingly Granted. 

Adjourned to 2 °Clock P. M. 

Met According to Adjournment. 

A certificate of the choice of Joshua Tucker to the office of Justice of 
the Peace in the Town of Strafford Signed David Chamberlain Town 
Clerk being read and Considered — 

Resolved that Joshua Tucker be and he is hereby appointed one of the 
Justices of the Peace within and for the County of Orange for the time 
being in the room of William Brisco resigned, and that the Clerk of the 
County Court of the said County of Orange be directed to insert the 
name of the said J. Tucker in the Commission of the Justices of said 
County. 

The Hon ble John Throop Esq r - attended Council & took his seat after 
taking the necessary qualifications required by Law. 

The Hon ble Timothy Brownson and Ira Allen Esquires were appointed 
a Committee to join a Committee from the House to point out the duty 
of Secretary of State. 

Adjourned. 

Saturday October 20, 1781. 

Met According to Adjournment. 

The Hon ble Jonas Fay Esquire was appointed to join a Committee 
from the house to prepare a bill on the report of the Grand Committee. 

Leave of Absence was Granted unto the Hon ble Benjamin Emmons & 
Paul Spooner Esquires until Tuesday next. 

Whereas the Warrants ordered by the Council held at Arlington on 
the 27 day of September last 1 to be 'issued to the Sheriff of the Counties 
of Windsor and Orange to collect from the several Towns the provitions 
assessed to them in consequence of an Act of Assembly in October last 
which still remains unpaid, have not yet been delivered to the said 
Sheriffs and there being Absolute Necessity that the provitions be forth- 
with Collected and delivered to the Commissary General or his deputy 
for supplying the Troops now on the Frontiers, therefore 

Resolved that Warrants Issue to the said Sheriffs forthwith to collect 
the Taxes before mentioned and deliver them to the Commissary Gen- 
eral or his Deputy for supplying the Troops now on the Frontiers, And 
that the Warrants to the said Sheriffs for that purpose Issued pursuant 
to the Resolve of Council before mentioned which are now in the hands 
of the Commissary General, be and hereby are declared to be void and 
of none effect. 

The Hon ble John Fassett [jr.] Esq r - Attended. 

Adjourned to Monday 9 °Clock. 

Monday October 22 d 1781. 

Met according to Adjournment. 

The Hon ble John Fassett and John Throop Esquires were appointed to 
join a Committee from the House on a petition signed Timothy Andrus 
and Elijah Hinman upon the subject of assertaining the boundaries of 
Townships up Connecticut river. 

The Hon ble John Fassett [jr.] Esq 1- - was duly qualified as Councillor. 

x No record is found of a session of the Council between the 29th of 
June and the 11th of October 1781. See statement of Secretary Fay, 
following the record of Jan. 11, 1782. 



Governor and Council — October 1781. 121 

An Act to remit to the Town of Danby the payment of a certain Tax 
therein mentioned was rec d . Bead and returned to the House. 
Adjourned until 9 oClock Tomorrow morning. 



Tuesday 23 d October 1781. 

Met according to Adjournment. 

State of Yermont. In General Assembly 22 d Oct, 1781. 

Kesolved that the Governor and Council be requested to serve this 
Assembly at the opening of their next adjourned Session with Exact 
Copies of all their proceedings respecting the Fees, Limitations and Re- 
strictions they have put on the Several Grants of Land made by this or 
a past Legislature in order for adjusting the same, and" that the Com- 
mittee for receiving fees on the Several Grants as aforesaid be directed 
to prepare their Accounts at the same time and Lay them before the As- 
sembly that the same may be settled and fully closed. 

Extract from the Journals, Attest, Ros. Hopkins, Clerk. 

Copy, Thom. Tolman, D. Secy- 

The Hon ble Ira Allen Esquire was appointed to join a committee from 
the House upon a petition signed John Barron Praying for a Grant of 
Moortown, &c. 1 

A Commission was made out for the justices of the County of Rut- 
land. 

A request from the House to the Governor and Council to join in 
Committee [of the whole] to Elect a Judge of the Superior Court in the 
room of Col - Caldwell who declines serving : the Ballots being taken 
Jonas Fay Esquire was Elected. 

Adjourned to 9 oClock Tomorrow Morning. 



Wednesday 24 October 1781. 

The Hon ble Peter Olcott & Joseph Bowker Esquires were appointed 
to join a Committee from the Assembly to take into Consideration the 
fees of the Superiour Court. 

Adjourned to 2 oClock afternoon. 

Met according to adjournment. 

The Hon bIe Jonas Fay Esq r - was appointed to join a Committee from 
the Assembly to take into Consideration the petition of Col - Samuel 
Fairbanks. 2 

1 Mooretown, now Bradford. This town was originally u laid out to 
himself and some others associated with him," by Sir Henry Moore, 
Governor of New York. May 3, 1770, says Hiland Hall, it was pat- 
ented to Hon. William Smith of New York, judge and historian. A 
committee appointed on this subject by the General Assembly, reported 
in 1781, " That in the year 1770 said township was pattented by the then 
Gov r - of New York to Sir Henry Moore's heirs, whose agent, William 
Smith Esq 1 - of New York, in said Heirs behalf, conveyed to Samuel 
Sleeper Esq r - agent from [for] the Inhabitants of said town, three thou- 
sand acres," &c. Evidently the town was originally named for Gov. 
Moore. See Vt. Hist. Soc. Collections, Vol. I, p. 154 ; H. Hall's Early 
History, pp. 93-95 ; and Manuscript Assembly Journal, 1781-1785, p. 28. 

2 Samuel Fairbanks seems to have been a resident of that part of 
New York called the Western District of Vermont at that time. He 



122 Governor and Council — October 1781. 

The Honorable Timothy Brownson, Esq 1- - was appointed to attend the 
House to propose a bill in amendment to one passed the Assembly yes- 
terday for Laying a Tax of sixpence on the pound. 1 

Adjourned to 9 oClock Tomorrow Morning. 

Thursday October 25 th 1781. 

Met according to Adjournment. 

A bill was drawn to enable the Several towns within the State to Levy 
a Land Tax for the purpose of building meeting houses, School houses, 
and Bridges, which was laid before the General Assembly for their Con- 
sideration. 2 

Resolved that Noah Sabin Esq 1 '- be and he is hereby appointed Judge 
of Probate in the district of Westminster, 

And that Samuel Knights be and he is hereby appointed a justice of 
the peace within and for the County of Windham. 

Attest, Thomas Tolman, Pep. Secy- 

The following is a Copy of a Resolution & Grant made by the Gene- 
ral Assembly to Col - W m - Barton viz 1 — 

State of Vermont. In General Assembly, October 23, 1781. 

Resolved that there be and hereby is Granted unto Colonel William 
Barton and Company, being sixty-five in number, a Township of Land 
by the name of Providence, and that the Surveyor General be and he is 
hereby directed to Survey to the said Col - Barton and Company as soon 
as may be said Township to contain the quantity of six miles square, 
upon (he unappropriated Lands Lying near to Lake Memphremagog, 
and the Governor and Council be and are hereby requested, as soon as 
the return of the Surveyor General be made as aforesaid, to make out a 
Charter of Incorporation to the said Colonel Barton and Company of 
said Township under such restrictions and reservations and for such 
fees as they shall judge proper. 

Resolved that this Assembly having the highest sense of the Merit of 
Colonel William Barton as an active, Brave and Intrepped officer in the 

was a private in Col. Van Rensselaer's New York regiment, but had 
been commissioned by Vermont as lieutenant colonel. He was arrested 
with others at Lansingburgh, early in October 1781, by Col. Van Rens- 
selear, but made his escape, collected a body of men (or rather of Col. 
V. R.'s prisoners who escaped with Fairbanks,) and successfully resisted 
an attempt at their re-arrest, wounding two of the New York soldiers. 
—See Vt. Hist. Soc. Collections, Vol. n, pp. 184, 188. The petition re- 
ferred to above was for a grant of confiscated land, which was for the 
time being refused. 

1 The bill was entitled " An act for raising sixpence on the poles and 
rateable estate," &c, and the Council preposed to substitute the words 
" An act for raising sixpence on the pound," &c. The Assembly record 
is that the amended act " was read and after some debate the act as it 
was passed yesterday was again read and passed into a Law." This was 
an effective way, if not a courteous one, of rejecting the amendment 
proposed by the Council. However, on the next day the bill was 
amended at the suggestion of Ira Allen, and then committed for further 
amendment. 

2 For this act see Slade's State Papers, p. 440. 



Governor and Council — October 1781. 123 

Army of the United States, do Grant him two of said Rights in s d Town- 
ship free of all expence. 
Extract from the Journals, Ros L Hopkins, Clerk. 

State of Vermont. In General Assembly, October 25 1781. 
Colonel William Barton x made a verbal request to this house that 
they would reconsider the resolution granting him two rights free from 
fees in the Township of Providence as Granted to him and Company the 
23d instant, which was accordingly reconsidered. 

Extract from the Journals, Roswell Hopkins, Clerk. 

Copy Examined, Thomas Tolman, Dep. Secy- 

The Hon ble Ira Allen & Benjamin Emmons were appointed from the 
Council to join a Committee from the House to examine whether any 
lands are in a Situation to be Granted at the present Session of Assem- 
bly and to whom. 

An Act of Assembly for Repealing all Laws prohibiting the trial of 
the Title of Lands &c. was laid before the Council. 2 



Friday 26 October 1781. 
Met according to Adjournment. 

State of Vermont. In General Assembly October 26 1781. 
Resolved that this house will proceed to choose by Ballot a Committee 
of three to burn the bills of Credit of this State agreable to an Act 

1 Gen. William Barton was born in Providence, R. I., in 1747, and 
died there Oct. 22, 1831. July 10, 1777, as Lieut. Col. in the Rhode 
Island militia, he with a small party crossed Xarragansett Bay, passing 
three British frigates, landed between Newport and Bristol ferry, and 
captured the British Brigadier, afterwards Lieut. General, Richard Pres- 
cott. Eor this service Congress honored Barton with the presentation 
of a sword and a commission as Colonel. His biographer, Mrs. C. M. 
Williams, adds that a grant of land to him in Vermont, was made by 
Cougress, which is an error. In dealing with this land Gen. Barton be- 
came entangled in the law, was imprisoned many years in Vermont for 
debt, and until his release in 1825 by the generosity of the Marquis de 
Lafayette on his visit to the state. Col. Barton was wounded in ac- 
tion in Aug. 1778 and disabled from further service. The name of the 
town was originally given from the Colonel's birth-place, but was 
changed to Barton in his honor. The title of General was probably con- 
ferred upon him in the militia service. — See Life of by Mrs. C. M. Will- 
iams, 1839; and Drake's Dictionary of American Biography. 

2 The trial of land-titles was forbidden in February 1779, and the act 
was repeated in October 1780. In October 1781 the first " Betterment 
Act" was passed and at the same time the previous prohibitory acts were 
repealed. Again in 1783 and 1784 the trial of land-titles was prohibited, 
and this prohibition continued until the enactment of the second " Bet- 
terment Act" in October 1785. — See Slade's State Papers, pp. 388, 405, 
442, 488, 494, 500. 



124 Governor and Council — October 1781. 

passed this day. The Ballot being taken, the Hon ble Timothy Brown- 
son, John Fassett [jr.] Esq rs - and Captain Mathew Lyon were elected. 1 

Extract from the journals, Roswell HoPKrNS, Clerk. 

True Copy, Examined, Attest, Thomas Tolman, D. Secy- 

Adjourned until 2 oClock Afternoon. 

Met according to Adjournment. 

Resolved that the paymaster deliver £200 to Captain Luther Richard- 
son taking his receipt for the same, he the said Richardson being ac- 
countable to deliver the Same to Captain Ward Bayley and the Officers 
and Soldiers of his Company at Upper Cohos, (being three months wages 
for said Company nearly,) and return proper accounts thereof to the said 
pay Master within two months from the date hereof. 2 

Attest, Thomas Tolman, D. Secy- 

Hon ble Joseph Bowker Esquire moved for a dismission from Council 
during the present Session, which [was] accordingly Granted. 

The Governor and Council was requested to attend the House for the 
Election of a Judge of the Supreme Court in the room of the Hon ble 
Beza. Woodward Esq 1- - who declines serving. Attendance was accord- 
ingly Given and the Ballots being taken the Hon ble Simeon Olcott Es- 
quire was elected. 

A Resolution of the General Assembly was read reconsidering the 
Grant of Brookfield and ordered to lie on the table. 

An Act of the General Assembly assertaining the fees of the Supe- 
riour Court was read and Concurred. 

Becognizence of £10.000. 

The Hon ble Timothy Brownson & John Easset [jr.] and Captain Mat- 
thew Lyon appeared and acknowledged themselves jointly and severally 
Recognized to the Treasurer of this State in the penal Sum of Ten thou- 
sand pounds Lawful Money for the faithful performance of their duty as 
a Committee appointed by the Legislature of this State this day for 
burning and effectually destroying the bills of Credit of this State emit- 
ted or bearing date February 1781, 3 & took the Oath of Office required 
by Law. 

£10.000. Attest, Thomas Tolman, _D. Secy- 

Adjourned to 9 oClock Tomorrow Morning. 

x The bills destroyed were those redeemed by reception in payment 
for taxes. 

2 Coos signified the pines. Upper Coos was the region of pines on both 
sides of the Connecticut river near Lunenburgh, and Lower Coos was 
the region below the fifteen miles falls in the vicinity of Newbury. The 
Indian inhabitants were called Coossucks. — Rev. Dr. Silas McKeen, in 
Vt. Hist. Mag., Vol. u, p. 802. Captain, afterward Colonel,WARD Bayley 
commanded three posts in the upper Coos and was a very efficient officer. 
He resided first at Maidstone and then at Guildhall. Capt. Luther 
Richardson was one of a committee to run the lines of Guildhall in 
1783.— See Vt. Hist. Mag. Vol. i. 

3 The only act authorizing the emission of state bills of credit was 
passed in April 1781 ; hence it appears from the above entry, and also 
from a copy of one of the bills, that they were antedated, " February, 
1781 " — no particular day stated. For fac simile of a Vermont bill of 
credit, see Thompson's Vermont, Part n, p. 134. 



Governor and Council — October 1781. 125 

Saturday 27 October 1781. 

Met according: to Adjournment. 

A Commission was made out and Executed to the Hon ble Israel Smith 
Esq r - Judge of Probate for the district of Thetford County of Orange. 1 

A Committee from the House Waited on the Governor and Council to 
know if any further business was to be laid before the House before the 
rising of the Session. 

The Hon ble Peter Olcott Esq 1- - moved for leave of Absence, which was 
Granted. 

State of Vermont. In General Assembly October 25 1781. 

Resolved that there be and hereby is Granted unto Samuel Benton 
and Company twenty three in number Including the said Benton, a Gore 
or Tract of Land in the County of Rutland containing about 5000 Acres, 
bounded on the north on a Tract Granted to Abraham Jackson Esq r - & 
Company, East on Andover, South on a tract Granted to William Uttley 
& Company, West on Harwich [now Mount Tabor,] and that the Gov- 
ernor and Council be requested to make out a Charter to the said Samuel 
Benton and Company of said Tract under such regulations and reserva- 
tions and for such fees as they shall think fit. 2 

Extract from the Journals, Roswell Hopkins, Clerk. 

In Council Oct. 26, 1781. 

Read & Concurred. Attest, Thomas Tolman, D. S. 

Resolved that the fees on each right of Land in the Township of Prov- 
idence, Granted to Colonel William Barton and Company, be nine 
pounds hard money to be paid the first day of March next, Subject to 
such reservations and restrictions as has been heretofore usually made 
on lands granted on like circumstances, and that the fees on each right 
granted to Nathan Fisk Esq r - be nine pounds for each Right. 

His Honor Elisha Payne Esquire Attended as Lieutenant Governor 
being duly qualified to that Office According to Law. 

A Commission was made out for Noah Sabin Esq 1 - Judge of Probate 
for the district of Westminster. 

Resolved that the Treasurer be and he is hereby directed to pay unto 
Edward Harriss Esq r - the Sum of five pounds in hard money, it being 
part of the Sum which he has expended in the Service of this State. 
Attest, Thomas Tolman, D. becv- 

State of Vermont. In General Assembly, Oct. 27 1781. 

On motion made to choose a Surveyor General the Ballots being taken 
the Hon ble Ira Allen was Elected. 

1 Judge Israel Smith settled in Thetford in 1766, and was an active 
man in town and county affairs and for national independence. He rep- 
resented the town for many years in the Assembly, and held the offi- 
ces of judge of probate, and county judge, having been first assistant 
judge from 1786 to 1793, and chief judge from 1793 to 1797. He held 
offices under New York from 1770 to 1777. — See Eastern Vermont, and 
Vt. Hist. Mag. Vol. II. Governor Israel Smith was another person. 

2 This grant seems to cover that part of Weston which lies north of 
Landgrove. Weston was formed from a part of the original Andover, 
with the addition, it seems, of this gore. Samuel Benton was among 
the first settlers of Cornwall, and represented that town from 1787 to 
1790 and in 1791.— See Deming's Catalogue. 



126 Governor and Council — October 1781. 

On motion made to choose a Commissary General the Ballots being 
taken Joseph Farnsworth l was declared Elected. 
Extract from the Journals, Ros L Hopkins, Clerk. 

Copy Examined. Thomas Tolman, D. Secy- 

An Act Reviving the Laws of this State was read and Concurred. 

An Act empowering David Pulsifer to sell Lands belonging to Da- 
vid Pulsifer Dec d - was read and Concurred. 

An Act empowering Mary Whipple to sell part of the Real Estate of 
Daniel Whipple Esq 1- - Dec d - was read & Concurred. 

An Act to empower the Sale of the Real Estate of Jorden Blaklee 
Dec d - was read and Concurred. 

An Act for Abating to the Town of Guilford part of a Tax therein 
mentioned was read and Concurred. 

An Act repealing an Act passed at the last Session of Assembly, En- 
titled an Act for forming the Eleventh Regiment, was read and Con- 
curred. 

Charleston [Charlestown,] October 27, 1781. 

At a meeting of the Members of Council and Assembly for the 
County of Winsor, they agree to Nominate Major Thomas Chandler 
[jr.] and General Peter Olcott Judges of that County Court to fill up 
the Vacancies therein — And Major Erancis Smith, M r Daniel Heald, 
John Simons, George Harris of Canaan [N. H.] & Simon Stevens Jus- 
tices of the peace for said County to be Commissioned by His Excellency 
the Governor in Council for that purpose for the time being. 

Attest, A. Curtis, Clerk. 

Copy. Attest, P r - Thomas Tolman, D. Secy- 

State of Vermont. In General Assembly October 26 1781. 

Resolved that there be and hereby is Granted unto Nathan Fisk Esq r - 
and Company being Sixty live in number a Township of Land contain- 
ing Six Miles square in some of the unappropriated Lands in this State, 
And that the Surveyor General be and he is hereby [directed] to Survey 
said Township to the said Nathan Fisk, George Duncan and Company, 
as soon as may be, on some of the unappropriated lands aforesaid ; And 
the Governor & Council be and they are hereby requested as soon as the 
return of the Surveyor General be made as aforesaid to Make out a Char- 
ter of Incorporation of said Township to the said Nathan Fisk, George 
Duncan & Company equally under such Restrictions, Reservations and 
on such conditions as they shall judge best, Provided they pay the fees 
in Lead, Flints or hard money by the first of Feb^- next. 

Extract from the Journals, Ros L Hopkins, Clerk. 

Copy, Attest, Thomas Tolman, B. Secy- 

State of Vermont. In General Assembly 26 Oct r - 1781. 
Resolved that there be & hereby is Granted unto Major Theodore 

1 Capt. Joseph Farnsworth resided in Middletown, Conn., in 1771, 
in which year his son, Hon. Joseph D. Farnsworth of Fairfax, was born. 
At the opening of the revolutionary war Capt. Farnsworth was ap- 
pointed assistant commissary in the continental army, and in that capac- 
ity he was in Bennington in 1777, to which town he removed his family. 
His appointment above, as commissary for Vermont, indicates that he 
had retired from continental service. 



Governor and Council — October 1781. 127 

Woodbridge 1 and Company, and unto M r - Joseph Jones 2 and Company 
to the number of sixty five a Township of Land Containing Six Miles 
Square, in some of the unappropriated lands within this State — And the 
Surveyor General is hereby directed to Survey said Township to the said 
Major Woodbridge, Jones & Companies as soon as may be on some part 
of the unappropriated Lands aforesaid — And the Governor and Council 
are hereby requested as soon as the returns of the Surveyor General be 
made as aforesaid, to Make out a Charter of Incorporation of said Town- 
ship to the said Woodbridge, Jones & Companies equally ; provided they 
pay the fees in Lead, Flints or hard money, under such restrictions, Res- 
ervations & upon such Conditions as they shall judge best. 3 
Extract from the Journals, Ros L Hopkins, Clerk. 

Attest, Thomas Tolman, D. Secy 

In Council Feb? 8 1782. 4 
Resolved that the Proprietors of the Township Granted to Major 
Woodbridge, M r Joseph Jones & Companies pay nine pounds Lawful 
Money for Each Right. 

Attest, Joseph Fay, Secy- 

State of Vermont. In General Assembly October 26 1781. 
Resolved that there be and hereby is Granted to the Moheakunnuck 
Tribe of Indians a Tract of Land adjoining to and bordering around 
Lake Shalloon 5 Six Miles Square & the Governor & Council are hereby 

Theodore Woodbridge of Rhode Island, Major in the continental 
service. He was in the list of officers entitled to half pay, &c, under 
the acts of Congress. — Records of the Revolutionary War, by W. T. R. 
Satfell, 1858. 

2 This could hardly be Joseph Jones, member of the Continental Con- 
gress from Virginia, though under certain conditions he was not un- 
friendly to the independence of Vermont. He however censured the 
course of Vermont in securing influence in the army and in Congress 
by her land grants. —See Letter of Joseph Jones to Washington, Feb. 27, 
1783, in Vt. Hist. Soc. Collections, Vol. n, p. 326. 

3 A charter of a town named Woodbridge was subsequently executed, 
but the grantees failed to comply with the prescribed conditions, and the 
charter was given by Gov. Chittenden to Ira Allen, as security for the 
indebtedness of the State to Allen at the time. The full history of this 
affair belongs to the date of 1788-9, and here therefore it is sufficient to 
say, that Gov. Chittenden was at first condemned and failed of a re-elec- 
tion in September 1789, but when the facts were fully understood 
the confidence of the people was again restored to him. — See Vt. Hist. 
Soc. Collections, Vol. II, pp. 479-80. 

4 This entry of subsequent action seems to have been made here to 
complete the record as to this grant. Another case like it occurred on 
the same day. 

5 This vote covered land in that part of New York which had been an- 
nexed to Vermont. The Indians were Mohegans, who formerly resided 
in Stockbridge, Mass., and afterward in New Stockbridge, N. Y. After 



128 Governor and Council — October 1781. 

Empowered and required to make out a Charter of Incorporation of said 
Tract as soon as the Limmits can be assertained, upon this Condition 
that said Tribe shall never have Authority to Aliene or Convey the 
whole or any part thereof to any person Whatever but those of their 
own Tribe, & such other restrictions & Limitations as they shall Judge 
proper. Extract from the Journals, K. Hopkins, Clerk. 

[Copy. Attest,] Tho s - Tolman, D. Secy- 

The following is a resolution of the General Assembly — 

Whereas it appears to this Assembly that there was some irregularity 
with regard to the last choice of Field officers in the 3 d Regiment, 
Wherefore 

Resolved that it be and it is hereby recommended to the Captain Gen- 
eral to order the Brigadier General of third Brigade to call on & Lead 
the 3 d Regiment to a choice of such Field officers as were wanting to 
compleat the said third Regiment before the last choice, and make re- 
turns to the Cap 1 - Gen 1 of the officers chosen in order to their being Com- 
missioned. 

State of Vermont. In General Assembly October 27 1781. 

The above was read and passed into a resolution of this House. 

Attest, Roswell Hopkins, Clerk. 

Copy, Attest, Thomas Tolman, D. Secy- 

Resolved that the Hon ble Paul Spooner and John Throop Esquires be 
and hereby are directed on application and at the expence of Messrs. 
Daniel Tilleston and John Payne, to Examine into the Circumstances 
of the settlers of the town of Brookfield, to determine whether any Mis- 
takes are made in the return of settlers of said Town, to correct such 
Mistake if any there be. The persons whose rights shall be in dispute 
being first notified by said Tilleston & Payne to appear at the time of 
such examination in support of their respective Claims. 

Feb y 9 1782. 

Voted that Hon ble Joseph Bowker Esq r - to be one of the above Com- 
mittee in Lieu of John Throop Esq r - 

Adjourned until 9 oClock Tomorrow. 1 

the dissolution of the Western Union in 1782, another grant of land was 
voted to them, to be contiguous lo the small lakes or ponds southward 
of Lake Memphremagog. In fact the grant covered the town of Marsh- 
field. 

The following account of the Indians above named is in Hoyt's Indian 
Wars, the author referring to Massachusetts Hist. Collections, Vol. IX, p. 
99 — old series: 

To the west of Connecticut river, extending a short distance west of 
the Hudson, and into the present state of Vermont, was a nation called 
Mohicans, or Muhheakunnucks; their chief seat was at Albany, [N. Y.,] 
called by them Pempotawuthut, or the place of fire; the Stockbridge 
tribe belonged 10 this nation. Muhhaakunnuck in their language is 
said to signify a great water, or sea, that is constantly in motion, either 
flowing or ebbing; and these Indians state that they came from a coun- 
try far to the west, where they lived in towns,' by the side of a great 
water or sea; and were very numerous until compelled to scatter by rea- 
son of a great famine. 

1 From the Assembly Journal, Oct. 27, 1781: 

Resolved that His Excellency the Governor's Sallary for the present 
year be two hundred pounds. 



Governor and Council — October 1781. 129 

According to the minute of adjournment last entered on the journal, 
the following proceedings should be dated Sunday, Oct. 28 1781, but no 
date is recorded: 

Resolved that the Granting fees of the Township of Land granted to 
Major Theodore Woodbridge, Joseph Jones and Companies be the sum 
of nine pounds each right to be paid on the 20 th day of March next. The 
reservation will be the same as in Grants of Land heretofore made under 
similar Circumstances, and will be entered in the Charter of Incorpora- 
tion of said Township. Attest, Thomas Tolman, D. SecP- 

Resolved that there be 1000 Copies [printed] of the Report of the 
Grand Committee at the Session held in Charleston this present Instant 
October, and that the same be promulgated for the Information of the 
Inhabitants of this anil the United States in General. 1 

Resolved that Henry Silsby be and he is hereby appointed a Justice of 
the Peace in the County of Washington [in New Hampshire] for the 
time being & the register of said County is hereby directed to enter his 
name in the Commission of the Justices of said County. 

This Council is adjourned to the last Wednesday in January next then 
to meet at Bennington. 

The end of Charleston Session. 

The General Assembly closed its session on Saturday the 27th, but 
many of the members were in Charlestown on the 28th, when very ex- 
citing intelligence was received. Ira Allen thus described the scene : 

In October, 1781, the Legislature met at Charlestown, in the East 
Unions, when the Government of New Hampshire sent a Major Rey- 
nolds, with two hundred men, as was supposed, to stop the election and 
session of the Legislature ; the friends of Vermont advised the Major, 
if he had any instructions from New Hampshire, which were hostile to 
Vermont and the East Union, that it would be for the sake of humanity 
adviseable for him to keep them to himself, as his force would not avail : 
this he prudently did, and the Assembly convened and proceeded to 
business without opposition. In the mean time, General St. Leger, at 
the head of the British army from Canada, ascended the Lake Cham- 
plain, and rested at Ticondaroga ; while General Enos had the command 
of the troops of Vermont on the frontiers, and his headquarters at Cas- 

Resolved that Col - Payne be and is hereby requested to inform this 
House whether he will accept of his Election to the office of Deputy 
Gov r - of this State. 

Col - Payne informed the House that he would accept that office. 

Resolved that his honor the Deputy Gov r - have fifty pounds for his 
Sallary for the present year. 

The Committee appointed to prepare Instructions for the Board of 
War for the year ensuing Made a verbal Report — Whereupon, 

Resolved that the powers and Instructions heretofore given the Board 
of War be and they are hereby considered as their powers and instruc- 
tions till the next Session of Assembly. 

Resolved that the additional Sum of fifty pounds be granted unto his 
Excellency the Governor for his extraordinary services the year past. 

x This was the official account of the action of Vermont on the 
resolutions of Congress adopted in August 1781. It is copied from 
the journal of Congress in Appendix jET, post. 
10 



130 Governor and Council — October 1781. 

tleton ; the General, and a number of officers under him, were fully ac- 
quainted with the negociations with the British in Canada, in particular 
Colonels Fletcher and Walbridge. Notwithstanding, it became neces- 
sary to keep up appearances, by sending frequently small scouts to 
Champlain to observe the movements of the enemy. One of these scouts 
fell in with a party of General St. Leger's ; some shots were exchanged ; 
Serjeant Tupper, who commanded the scout from Vermont, was killed 
on the spot, and his men retreated : the body was decently buried, and 
General St. Leger sent all his cloaths, with an open letter, to General 
Enos, informing him of his regret for the fate of the sergeant, and made 
an apology for his death. Perhaps this was done to try the spirit and 
disposition of the inhabitants, previous to the publication of the procla- 
mation as conceded to at Skeensborough the September before. The 
dispatch and apparel were publicly delivered to^General Enos, which 
made considerable noise among the troops : many of them were not ac- 
quainted with the subject of the negociation and armistice ; and some 
that were, had no objection to raise difficulties, in hopes of gaining 
popularity. 

Generals Enos, Colonels Fletcher and Walbridge, wrote letters, and 
sent immediately an express to Governor Chittenden at Charlestown, 
announcing the arrival at Ticondaroga of the British army ; wherein 
they blended public matters and private negociation ; Mr. Hathaway, the 
messenger, not being in the secret, failed not to proclaim the extraordi- 
nary message of General St. Leger through the streets of Charlestown, 
till he came to the Governor, which happened in the recess of the Leg- 
islature, and occasioned crowds of people to follow, to hear the news ; 
the Governor and others were sitting in a large room ; amongst whom 
were some persons that were eager to learn the negociations that were 
generally supposed to be carried on between the British in Canada and 
Vermont, to make an ill use thereof. The Governor opened one of the 
letters ; he thought it prudent to peruse it himself before he allowed it 
to be publicly read. These letters were found to contain both public 
and private information, which occasioned some change of letters be- 
tween the Governor, Messrs. Brownson and Fassett, who were in the 
secret, and next to the Governor. In this confused moment, Major Run- 
nals came in, and enquired of Colonel Ira Allen what was the reason 
that General St. Leger was sorry that Sergeant Tupper was killed ? Mr. 
Allen said that he could not tell. Mr. Runnals repeated the question ; 
and Mr. Allen observed, that good men were sorry when good men were 
killed, or met with misfortune, which might be the case with General St. 
Leger. This answer enraged Mr. Runnals ; and he again loudly en- 
quired what reasons could possibly induce a British General to be sorry 
when his enemies were killed, and to send his cloaths to the widow ? 
Colonel Allen then requested Major Runnals to go at the head of his 
regiment, and demand the reasons of his sorrow, and not stay there ask- 
ing impertinent questions, eating up the country's provisions, doing 
nothing when the frontiers were invaded. Very high words passed be- 
tween the Major and Colonel Allen, till Mr. Runnals left the room. This 
manoeuvre drew all the attention from said letters ; it was then proposed 
that the Board of War should be convened ; and the Governor then sum- 
moned the members of the Board of War to appear as soon as possible 
in his chamber, leaving Mr. Hathaway to detail the news to the populace, 
the Board of War being all in the secret. New letters were made out 
from General Enos, Colonels Fletcher and Walbridge's letters, and, for 
the information and satisfaction of the public, read in council and assem- 
bly for the originals, and then returned to the Governor. Those letters 



Governor and Council- — November 1781. 131 

contained every thing but the existing negociations which prudence and 
policy dictated to be separated from the other part of said letters. 

In the mean time, Colonel Allen and Major Fay wrote to the British 
Commissioners, who were with General St. Leger, on the subject of their 
former negociations, in which they gave a list of the names of the mem- 
bers of the Legislature, with marks, denoting the new members, from 
which the change appeared great. They suggested the capture of Lord 
Cornwallis and his army, arid added that, whether true or not, it had the 
same effect upon the people, who soon hoped for better news. In this 
critical situation, they thought it improper to publish the proposed proc- 
lamation, as several changes and circumstances seemed to presage more 
happy events, that should soon make all right. The packet containing 
Colonel Allen and Major Fay's letter was delivered at Ticondaroga about 
ten o'clock in the morning. About an hour after, an express arrived 
from the southward, which was supposed to contain the news of the cap- 
ture of Lord Cornwallis and his army ; for before evening, the troops, 
stores, &c. were embarked, and with a fair wind returned to Canada. 
Thus ended the campaign of 1781, with the accidental loss of only one 
man, on the extensive frontiers of Vermont, exposed to an army of ten 
thousand men ; yet she did not incur any considerable debt. Such were 
the happy effects of these negociations. — Ira Allen's History, in Vt. 
Hist. Soc. Collections, Yol. n, pp. 436-438. 

The negotiations referred to were with Gen. Haldimand ; and the 
purpose of the proclamation was to declare Vermont to be a British 
province. — See Vt. Hist. Soc. Collections, Vol. n. Daniel Chipman stated 
that the expurgated copies of the letters above referred to, were 
prepared by Nathaniel Chipman. — See Life of Chipman, p. 38. 



RECORD OF THE GOVERNOR AND COUNCIL 

IN 

NOVEMBER AND DECEMBER 1781 AND JANUARY 1782 



State of Vermont. In Council Arlington 14 November 1781. 1 
Resolved that Doctor John Page be & he is hereby remitted one fourth 

part of the Debt due from him to Colonel William Marsh on account of 

his debts being contracted in Continental Money. 



State of Vermont. In Council Arlington 21 Nov r - 1781. 
An order was Issued to the Treasurer to pay M r - Samuel Sherman 
Postrider the sum of £10. 10. for his services to the State agreable to 
resolve of Council of June last. 

1 On this day, doubtless on the approval of the Council, Gov. Chitten- 
den wrote to Gen. Washington on the condition of the State and the 
correspondence with Gen. Haldimand. — See Appendix H, 



132 Governor and Council — January 1782. 

State of Vermont. In Council Bennington 19 December 1781. 

Whereas Col - Nathaniel Brush x who was appointed by the Legisla- 
ture of this State one of the Committee of pay table, declines serving in 
that capacity, and Whereas Colonel Timothy Brownson who was like- 
wise appointed for that purpose is at this time Absent, 2 And Whereas it 
is absolutely Necessary that other persons should be appointed in their 
Stead— 

I do therefore by & with the advice of a number of my Council appoint 
Amos Fassett and Noah Chittenden to Act in that Office until Col - 
Brownson shall return and Attend said business or until this order shall 
be revoked in due form. 3 

Signed Thomas Chittenden, Governor. 

Copy Examined, Thomas Tolman, D. Secy- 



State of Vermont. In Council Arlington 10 January 1782. 

Kesolved that the Hon ble Elisha Payne, Jonas Fay and Ira Allen Es- 
quires & .^bel Curtis 4 Esq r - be and they are hereby appointed Agents to 
repair to the Hon ble the Congress of the United States and in behalf of 
this State to Solicit Congress to Kecognize the Independence thereof. 
And further to use their best endeavours with that honorable body that 
some equitable mode be prescribed for an Amicable Settlement of the 
boundary lines between this and the Claiming States. That either two 
or more of said Agents are empowered to proceed to business. 
By order of the Governor and Council, 

Thomas Tolman, D. Secy- 

Whereas Colonel Ira Allen had a Township of Land Granted to him- 
self and associates by the General Assembly at their Session in Febru- 
ary 1781 and it appears by said Grant that said Allen had leave to Lay 
said Township in any Vacant Lands in Good Form which he proposed 
to lay on a point of Land situate between Missisque Bay and the Main 

1 Col. Nathaniel Brush came to Bennington about 1775 ; he com- 
manded the militia of that town in the battle of Bennington ; served as 
judge of probate in 1781 and from 1787 to 1794, and as clerk of the courts 
from 1787 to 1803. — See Vt. Hist. Mag., Vol. I ; Memorials of a Century, 
Bennington; and Deming's Catalogue. 

2 Col. Brownson was absent, bearing the letter of Gov. Chittenden of 
Nov. 1.4 1781 to Gen. Washington. 

3 Amos Fassett was a son of Deacon John Fassett of Bennington, 
and brother of Hon. John Fassett jr. He removed to Cambridge in 
1784 (with Noah Chittenden,) and was assistant judge for several years. 
N"oah Chittenden was the oldest son of the Governor, a resident of 
Cambridge and afterward of Jericho, and a prominent and valuable man, 
holding several important offices. He married a daughter of John Fas- 
sett, and a daughter by this marriage became the wife of Governor 
Galusha. — See Memorials of a Century, Bennington ; Vt. Hist. Mag., Vol. 
i, and ii ; and Deming's Catalogue. 

* Abel Curtis resided in Norwich, was member of the Assembly in 
Oct. 1778 and in 1781 and 1782 ; and judge of Windsor county court in 
1782 and 1783.— See Deming's Catalogue. 



Governor and Council — January 1782. 133 

Lake Champlain, and Whereas it appears by his representation there is 
some reason to Apprehend that said Land has been before Granted, 
which induces him to make a new pitch for said Township, and as no 
Charter has yet been given him, 

Resolved that in case the said Colonel Ira Allen make a Repitch of 
said Township in some of the Vacant Lands south of the Province of 
Quebec (Lat. 45° north,) East of Land heretofore Granted North of On- 
ion River and West of Connecticut river, the Granting fees be nine 
pounds on Each right there being sixty-five rights in said Township. 

Attest, Thomas Tolman, D. Secy- 

Adjourned to 8 oClock Tomorrow. 



January 11 th 1782. 
Met according to Adjournment. 

Resolved that the Charter or rather the Granting fees for the Gore of 
Land Granted to Samuel Benton and others be £5. 0. 0. p r right and that 
the time of payment be the first day of March next. 

Resolved that his honor Elisha Payne Esquire IJ Governor, Bezaleel 
Woodward Esq r - General Ethan Allen, John Fassett [jr.] Esquire and 
Col - Matthew Lyon be and they are hereby appointed to make a Draught 
of the Political affairs of this State to be published. 1 

Attest, Thomas Tolman, Dep. Secy- 

Resolved that Captain Samuel Bartlett be and he is hereby appointed 
a member of the Committee of Pay Table to Act in that office until the 
rising of the next Session of the General Assembly of this State. 

Attest, Thomas Tolman, Z>. Secy- 



[Entry on the Journal by Secretary Fay.] 

Sundry proceedings of Council of which (Mr. Tolman's) Minutes were 
taken on loose papers the book not being present, are not to be found, 
which ought to be recorded in this place. 

Attest, Jo s Fay. 



WAR WITH VERMONT PROPOSED BY NEW HAMPSHIRE 
AND ATTEMPTED BY NEW YORK. 

The missing records alluded to above contained proceedings of the 
Governor and Council at one of the most critical and important periods 
in the history of the State, when, at the same time, war was contempla- 
ted and prepared for by New Hampshire, on the one side, but was 
avoided by the adroitness of Ira Allen and the firmness of Gov. Chitten- 
den and Lieut. Gov. Payne; and actually attempted by New York, on 
the other side, but was defeated by an overpowering force of the militia 
of the " Western District," so called, and from Vermont proper. — See 
Appendix H. 

1 A pamphlet entitled " The Present State of the Controversy," &c, was 
the result, for which see Appendix H. 



134 Governor and Council — February 1782. 

PROCEEDINGS OF THE GOVERNOR AND COUNCIL 

AT AN 

ADJOURNED SESSION WITH THE GENERAL ASSEMBLY, 

January and February 1782. 



State of Vermont. In Council, Bennington 31' January 1782. 
Agreeable to Adjournment of His Excellency the Governor and his 
honorable Council to this day, His Excellency and Sundry Members of 
Council met at this place, and as a quorum of the Council were not pres- 
ent His Excellency and those of his Council present continued by 
adjournments until the 4th day of February 1782 at which time a quo- 
rum appeared consisting of the following Members viz* — 
Hon 1 Joseph Bowker, John Eassett, 

Timothy Brownson, Sam 1 Fletcher & 

Moses Robinson, Benj a - Emmons. 

Adjourned to 8 oClock Tomorrow. 



Tuesday 5 February 1782. 
Council Met According to Adjournment and Adjourned to 9 oClock 
Tomorrow Morning. 

Wednesday 6 February 1782. 

Council Met According to Adjournment & Adjourned to 2 oClock 
Afternoon to meet at Major Jos. Fay's. 

Council Met According to Adjournment and Adjourned to 9 oClock 
Tomorrow. 



Thursday 7 February 1782. 
Council Met According to Adjournment. 

His Excellency the Governor moved the Council for an order on the 
Treasurer for two years salary which is yet behind — Whereupon 
Resolved to make out an order as follows — 

Bennington 7 th February 1782. 
Sir — You are hereby directed to pay to His Excellency Thomas Chit- 
tenden Esq r - four hundred pounds L. Money in silver for his Salary 
Granted him by the Vermont Assembly for the years 1780 and 1781. 
P r Order of Council, Jos. Fay, Secy- 

Ira Allen Esq r - Treasurer. 

Adjourned to 2 oClock P. M. then to meet at this place. 
Met According to Adjournment and Adjourned to 9 oClock Tomorrow. 



Friday 8 February 1782. 

Council Met According to Adjournment, at which time the papers rel- 
ative to the dispute Subsisting Between the Grantees of Brookfield and 
Wickham proprietors was read [and] ordered to be lodged on the files. 

Adjourned to 2 oClock P. M. then to meet at Major Joseph Fay's. 

Met According to Adjournment. 



Governor and Council — February 1782. 135 

Having made a determination relative to the dispute between the pro- 
prietors of Brookfield and Wickham, 1 Resolved as follows, viz* 

Whereas M r - Phinehas Lyman and his associates in October 1779 
[Nov. 6, 1780,] Obtained a Grant of a Township of Land in this State 
by the name of Brookfield, 

And Whereas a Matter of dispute arose between Colonel Israel 
Williams, Israel Williams Jun r - & M r Pattridge 2 who Claim to be Asso- 
ciated with M r - Lyman in the aforesaid Grant, and have paid money 
therefor, 

And Whereas the Governor recommended to them and Each of them 
to settle the matter in dispute by submitting it to Arbitrators Mutually 
chosen, and as it appears that they have not agreed upon a submission 
as aforesaid but each party chusing to submit the matter in dispute to 
the Governor and Council of this State — M r - Lyman appearing and 
Mess rs - Williams & Pattridge not appearing altho notified, this Council 
having heard the evidence and agreements that were exhibited on both 
Parties — 

It is the opinion of this Council, that as Colonel Israel Williams, Israel 
Williams Jun r - and M r - Patridge did not choose to be Adventurers with 
M r Lyman in Soliciting said Grant until almost one year after the Grant 
was made, they therefore cannot be considered as Grantees without the 
permission of Lyman, And as said Money was rec d through mistake it 
ought to be returned. 

Attest, Joseph Fay, Secy- 

Resolved that the Proprietors of Moortown [Bradford,] sixty five in 
number pay for each acre [right ?] nine pounds L. Money in silver. 

Adjourned to 9 oClock Tomorrow & Adjourned to 2 oClock P. M. and 
Continued the Adjournment to one oClock Monday next. 



Monday 11th February 1782. 
Council Met According to Adjournment, and being informed that the 
General Assembly had formed a house His Excellency and Council laid 
before the house a Letter from His Excellency General Washington, 
one from General Wolcott, and sundry other letters of a public nature 
which was publicly read after which the Governor and Council returned 
to Mr. Robinson's? 

1 " Wickham " is a mystery the editor cannot solve. All the parties in 
this contest seem to have been claimants to Brookfield. 

2 Probably Col. Israel Williams and Samuel Patridge of Hatfield, 
Mass. — See B. H. Hall's Eastern Vermont. 

3 Undoubtedly the most important letters were those named above. — 
For letter of Gen. Washington see Appendix H. Gen. Wolcott's letter 
must have been of like tenor, and written with a knowledge of Wash- 
ington's views. Both letters were written in Philadelphia, Washing- 
ton's on the 1st and Wolcott's on the 18th of January 1782. Oliver 
Wolcott, son of Gov. Roger Wolcott, was born at Windsor, Conn., 
Nov. 26, 1726, and graduated at Yale in 1746; served as a captain in the 
French war, and commissioner of Indian affairs in 1775; was member 
of the continental Congress and signer of the Declaration of Indepen- 
dence in 1776, colonel in active service under Gates, participating in the 
capture of Burgoyne, and for his services on that occasion was made 



136 Governor and Council — February 1782. 

A bill from the House being rec d and read appointing a Committee to 
arrange the present business of this Session, Resolved that the Hon ble 
Moses Robinson Esq r - join said Committee and make report. * 

brigadier general on the field. He was lieutenant governor of Connec- 
ticut from 1786 to 1796, and governor in 1796-7. He died in Litchfield 
Dec. 1, 1797. — See Blake's and Drake's Biographical Dictionaries. For 
the purity of his character, the value of his services, and his friendship 
for Vermont, Oliver Wolcott probably ranked next to "Washington in 
the esteem of the leading Vermonters in his day. Chief Justice Sam- 
uel Church, of Litchfield, Conn., in his address at the Centennial 
Jubilee at Salisbury Conn., in 1841, declared that the policy of Vermont, 
in the Haldimand Correspondence and the Eastern and Western Un- 
ions, was shaped at a council of the friends of Vermont in Litchfield 
county, held at the house of Oliver Wolcott. The statement, as quoted 
in John M. Weeks's History of Salisbury, Vt., p. 216, was as follows: 

The spirit of emigration, that same Anglo-Saxon temperament which 
brought our ancestors into the country, and which constantly pushes for- 
ward to the trial of unknown fortune, began its manifestations before the 
revolution, and sought its gratification first in Vermont. Vermont is the 
child of Litchfield county. We gave to her her first governor, and three 
governors [Thomas and Martin Chittenden, and Skinner;] beside as many 
as three senators in Congress, [Chipman, Seymour, and Phelps,] and 
also many of her most efficient founders and early distinguished citizens, 
Chittendens, Aliens, Galushas, Chipmans, Skinner and others. The at- 
titude assumed by Vermont in the early stages of the revolutionary war, 
in respect to Canada on the north, and the threatening states of New 
York and New Hampshire on either side, was peculiar and delicate, and 
demanded the most adroit policy to secure her purpo«e of independence. 
In her dilemma, her most sagacious men resorted to the councils of her 
old friends of Litchfield county, and it is said that her final course was 
shaped, and her designs accomplished, by the advice of a confidential 
council, assembled at the house of Governor Wolcott, in the village of 
Litchfield. 

Accompanying the letters of Washington and Wolcott were several 
relating to the collisions in New Hampshire and New York, together 
with copies of Gov. Chittenden's letters and orders in reply. The most 
important of these, so far as preserved, are given in the appropriate 
places. — See Appendix H. 

1 This custom in the early history of Vermont legislatures, substan- 
tially supplied the place of the modern executive message. On this oc- 
casion the budget so fully showed the gravity and dignity of state legis- 
lation at that time as to deserve notice. The report of the committee 
was as follows : 

The Committee appointed to arrange the most necessary business 
brought in the following Report, viz — 

1 st - To call upon his Excellency the Gov r - and his Council to lay before 
the House all official papers relating to the Interest of this State re- 
ceived since the Session in Oct. last. 

2 d - To call upon the Commiss rs appointed by the Legislature to treat 



Governor and Council — February 1782. 137 

The Committee to whom was referred the petition of John Payne and 
Joseph Fisk, relating to a right of land in Brookfield [made a report] 
which is as follows viz* — 

Bennington 11 February 1782. 

To His Excellency the Governor and the Council of the State of Vermont 
— Your Committee appointed to rectify any Mistakes that might hereto- 
fore have been made in the return of the Actual settlers in the Township 
of Brookfield within this State Beg Leave to report further that the 
Names of Jedediah Hyde, Amasa Hide and Ichabod Hide, remain as 
formerly, their Agent obliging himself in behalf of himself and constit- 
uents to Exchange their Obligations for Lands in said Brookfield which 
they hold against M r - Nubal Cross, 1 for the Obligations said Cross has 
Against said Hyde and his constituents for said Lands, at the request of 
M r - Cross. 

Your Committee further report that Paul Spooner Esq 1 '- have his name 
inserted in the Grant of the Township of Brookfield in the room of 
Noah or John Payne 3 d he engaging to convey a deed to John Payne 3 d 
if it shall appear on trial that the whole of said right properly belongs 
to him, or said Payne 3 d and said Noah Payne in partnership if on tryal 
it shall appear just that the aforesaid right should be so given, the Tryal 
to be had before John Throop & Paul Spooner Esquires on the applica- 
tion of either John Payne 3 d or Noah Payne and that the opposite party 
be duly cited to appear at time and place Agreed on, to be held at the 
expence of the party applying. 



with Commiss rs to be appointed by New-York and New-Hampshire rel- 
ative to the boundary lines of this State to make their Report. 

3 d - To call upon the Committee for Revising the Laws. 

4 th - To call upon the Auditors of accounts for their Report. 

5 th - To adopt proper measures for the defence of this State against 
the common Enemy, &c. 

6 th - That the Surveyor Gen 1 - be called upon to lay before the House a 
survey of the State, as far as he has obtained it, as also a plan of all the 
townships granted and the vacant lands ungranted. 

7 th - To call upon the Treasurer to give an account of what paper 
money has been received into the Treasury since Oct r - last and how it 
has been disposed of. 

8 th - To lay before the Hon ble the Cont 1 - Congress in a decent and spir- 
ited manner our determination to Support our just Rights, and repeat 
our desire to be admitted into the federal Union. 

9 th - That a proper Check be put upon the Treasurer to enable the 
Auditors to adjust his accounts. 

10 th - To make provision for the payment of the Soldiers in the State's 
service in the last Campaign. 

11 th - To take under consideration the paper currency. 

12 th - To take proper measures to regulate the press. 

Moses Robinson, Chairman. 

The last item was not legislation on the liberty of the newspaper 
press, there being no newspaper at that date, but to revive the then sus- 
pended newspaper at Westminster, or provide for the removal of the 
printing materials and the establishment of a newspaper at Bennington. 
This project resulted in the establishment, in the next year, of two news- 
papers, one at Bennington and the other at Windsor. — See ante pp. 12- 
13, note ; and post, under date of March 1 1782. 

1 Shubael Cross in Brookfield charter. 



138 Governor and Council — February 1782. 

Your Committee further report that the name of Ebenezer Brewster 
be inserted in s d Charter of Brookfield in the room of Joseph Fisk, he 
[Brewster] obliging himself to convey a deed of said right to Joseph 
Fisk or John Payne, or both in Partnership, as shall be determined on 
a fair hearing of said Fisk and Payne before Paul Spooner and John 
Throop Esquires and Transmitted to Ebenezer Brewster by said Throop 
and Spooner. 

Paul Spooner, ) Committee , 
Joseph Bowker, $ ^ '•••«»■ 

Copy Examined. Attest, Joseph Fay, Secy- 

Adjourned to 9 oClock Tomorrow Morning. 



Tuesday 12 th February 1782. 

Council Met According to Adjournment 

And Adjourned to 2 oClock P. M. 

Council* Met according to Adjournment at which time His Honor 
Elisha Payne Esquire L> Governor & the Hon. Peter Olcott Esq r 
joined the Council and took their Seats. 

Adjourned to 9 oClock Tomorrow Morning. 



Wednesday, 13 February 1782. 

Council met According to Adjournment and Agreable to the Order of 
Yesterday joined the General Assembly and proceeded to the choice of 
a Judge of the Superior Court. 1 The ballots being taken the Hon ble 
Samuel Fletcher Esq r - was elected who declined serving in that office, 
whereupon the House [joint assembly] agreed to postpone the further 
Election for the present. Col - Nathaniel Brush being appointed in Oc- 
tober last one of the Committee of Pay table & having made his resig- 
nation was requested by the Governor, Council, and Assembly to attend 
and inform the house of the reasons why he did not serve in that Office, 
who appeared and upon the request of the House Agreed to Accept and 
Serve in that Office. 

Adjourned to 2 oClock P. M. 

Met according to Adjournment, His honor Governor Payne in the 
Chair. 

Two petitions of the Inhabitants of Pownal was read, one praying for 
some mode to be pointed out to oblige the Town of Pownal to maintain 
and keep in repair the dug way in said Pownal, and one for building a 
Bridge over Hoosack River. A Committee from the Assembly being 
appointed to join a Committee from the Council and make report ; 
Members chosen the Hon ble Joseph Bowker and Samuel Fletcher 
Esquires [to join from the Council.] 

An Act of Assembly confirming to the Heirs of [James] Watkings 
late of Townsend Deceased certain Lands therein contained was read, 
whereupon Moses Robinson Esquire was requested to return with said 

1 No such order appears on the journal of either house. One of the 
letters presented to the Assembly on the 11th was from Hon. Simeon 
Olcott, dated Jan. 28 1782. and doubtless it was his resignation of the 
office of judge. The Assembly record of the 13th is that both houses 
met to elect a judge " in the room of Simeon Olcott Esq r - resigned." 



Governor and Council — February 1782. 139 

Act to the Assembly to Gain some Explanation, which [act he] delivered 
to the Clerk [of the Assembly.] * 
Adjourned to 9 oClock Tomorrow. 

Thursday 14 February 1782. 

Council Met According to Adjournment. 

A bill from the House appointing a Committee to Look into the situa- 
tion of the vacant Lands and to report what Lands can be granted and 
to whom being read, Voted the Honb ls P. Spooner and Samuel Fletcher 
to join said Committee. 

Adjourned to 2 oClock P. M. 

Met According to Adjournment. 

An Act granting a new tryal in a Case depending between John Al- 
ger & Enoch and Eliphalet Bean &c. having passed the General Assem- 
bly was read and Concurred. 2 

An Act passed the General Assembly Granting a quantity of Land to 
be sold in Londonderry for the purpose of building two Bridges over 
West river in said town was read and passed the Council. 

An Act for Creditting the Town of Hinsdil [Vernon,] being Over 
Rated, &c. having passed the General Assembly, was read & Concurred. 

Adjourned to 9 oClock Tomorrow. 

Friday 15 Feb^ 1782. 

An Act to convey to Taylor Brooks the title of fifty Acres of Land in 
Brattleborough having passed the House was read & Concurred. 

Having rec d & read a number of bills which was sent back to the 
house for Explanation, 3 

Adjourned to 2 oClock P. M. to meet at Maj r Joseph Fays. 

Met According to Adjournment. 

Voted the Hon b,e Moses Robinson Esquire to join a Committee from 
the House to consider the petition of M r - Timothy Andrews [Andrus] 
& Elijah Hineman [Hinman] Agents for the Townships of Guildhall, 
Maidstone, &c. 4 

1 From the Assembly Journal of the same date : 

The Hon ble Moses Robinson Esq r - brought back the Act confirming a 
piece of Land unto Sarah Watkins and gave some Verbal reasons why 
the Council w">uld not concur in passing said Act. After some debate — 

The question was put — Whether they would reconsider said Act ? It 
passed in the Negative. 

2 For act see Slade's State Papers, p. 444. The parties were among 
the early settlers of Strafford. 

3 There were two bills returned, both of which were reconsidered by 
the Assembly. One was the act pointing out the office and duty of the 
Secretary of State, for which see Slade's State Papers, p. 444. 

4 Items of an account of Timothy Andrus against " the townships of 
Guildhall granby and Eight townships to the Northward": 

" Timothy Andrus, Elijah Hinman appointed agents to settel the dis- 
pute with Col - [Jonathan] groute relative to gilhall and granby at the 
assembly of Vermont holden at benington Expence 5 weeks myself 
and hors 18—0 — Joseph Wooster Expence at bennington while in 
Capt Elijah Hinman absents agread uppon by him self and andrus for 
him to serve in his rome. Expence at that time 9 — 5 — 0." — See Vt. 
Hist. Mag., Vol. i, p. 999. 



140 Governor and Council — February 1782. 

A Committee on the petition of Samuel Avery being appointed [by 
the Assembly] to join a Committee of Council on Captain Lovels Pay 
roll, The Hon ble Joseph Bowker Esq 1- - was voted to join said Committee 
from the House. 1 

Adjourned to 9 oClock Tomorrow morning. 



Saturday 16 February 1782. 

Council met according to A-ljournment 

And joined the Assembly to appoint a Judge of the Superiour Court. 
The Ballots being taken the Hon blc John Throop Esquire was Elected. 2 

A Bill from the House was read, Referring the consideration of the 
petition of William Cockburn and Archibald Campbell to the Commit- 
tee appointed to Consider the petition of Samuel Avery, whereupon the 
Hon ble John Fassett was appointed in addition to the Committee of yes- 
terday. 3 

An Act Granting to Major Gideon Brownson six hundred and sixty 
Dollars and f ° as depreciation was read and Concurred, Also 

An Act or Resolution of Assembly requesting the Committee of Pay 
table to Adjust Captain Brownson, Ebenezcr Allen & [Benjamin] Hick- 
ock's 4 Pay rolls. 

Attest, Joseph Fay, Se&- 

Adjourned to 2 °Clock P. M. Monday Next. 

x Capt. Nehemiah Lovewell, a famous fighter, as were others in 
New Hampshire of his name before him — Capt. John, the hero of Pig- 
wacket, and John's son Col. Zaccheus, who served under Amherst in the 
reduction of Ticonderoga and Crown Point in 1759. Capt. Nehemiah 
served in Vermont as captain in 1780, '81 and '82, his first Vermont 
company having been raised in February, 1780, " on the west side of 
Connecticut river." Lovewell was one of the grantees of Goshen, and 
a representative for Corinth in 1783. The pay-roll of Lovewell's com- 
pany, and a large number of others, can be seen in the office of the Sec- 
retary of State. He married Betsey Hazelton, the first white person born 
in Newbury. Samuel Avery had no connection with Lovewell's pay-roll, 
the Assembly journal showing that the two papers were referred to dis- 
tinct committees. 

2 " In the room of Sam 1 Fletcher Esq 1- - who did not accept the appoint- 
ment," in the Assembly journal. Mr. Fletcher had been elected in place 
of Simeon Olcott, of Charlestown, 1ST. H., resigned. 

3 Avery, Cockburne, and Campbell were all proprietors of land in Ver- 
mont under New York — the two first named of a large quantity; and 
each of them received a portion of the $30,000 paid to New York by 
Vermont. 

4 Benjamin Hickok was a delegate for Hubbardton in the Convention 
at Dorset July 24 1776. His name is given as Hitchcock in the list of 
delegates, Vol. I, p. 15; Hickok in the signatures to the Association, 
ibid p. 23; and the editor suggested Benjamin Hitchcock as the true 
name. But in Z. Thompson's Vermont Gazetteer, first edition, in the 



Governor and Council — February 1782. 141 

Monday 18 th Feb^ 1782. 

Council Met According to Adjournment. 

A Pay roll signed Fry [Frye, commonly — the true name said to be 
Trye] Bayley Cap*- dated at Newbury 8 th May 1781 for service done by a 
number of men under his Command in Scoutting on the frontiers of this 
State, being read, whereupon 

Resolved that it be and hereby is Recommended to the Committee of 
Pay table to adjust and draw an order on the Treasurer for the payment 
of said Pay roll. , Attest, Joseph Fay, ISecv- 

A resolve of the House for the payment of Captain Nehemiah Lovells 
[Lovewell's] pay Rolls for the officers and Soldiers of his Company on 
the West Side of Connecticut River raised in February 1780, was read 
and passed the Council. Attest, Joseph Fay, Sec 1 J- 

A petition Signed Samuel Herrick and Benjamin Wait was read 
praying the General Assembly to make Good the Depreciation of their 
Wages for Service done in the year 1777. The House having appointed 
a Committee to join a Committee of Council, Voted the Hon ble Benja- 
min Emmons Esq r - to join said Committee. 

Adjourned to 9 °Clock Tomorrow Morning. 



Tuesday, 19 th February 1782. 

Council Met according to Adjournment 

And Agreable to the order of the day, His Excellency the Governor, 
the Hon ble Council & General Assembly resolved themselves into a 
Committee of the whole to take into Consideration the several Letters 
rec d from abroad viz* — one from his Excellency General Washington & 
one from General Wolcott and sundry others, together with other 
papers which relate to the Independence of Vermont and the relin- 
quishment of the Unions with this State. 1 

article on Hubbard ton, p. 156, the name Hickok is given. In the Ms. 
Assembly Journal, Vol. 2, p. 09, the record is as follows: 

Resolved that the Committee of Pay-Table be and they are hereby 
directed to adjust the accounts of Capt. Gideon Brownson, Capt. 
Ebenezer Allen and Capt. Benjamin Hecock for the Companies that 
were raised by them in 1776 by order of the Convention of the New 
Hampshire Grants, and to give orders on the Treasury for what shall be 
found due to the officers and soldiers of said Companies — Provided they 
give sufficient evidence to the Committee of Pay-Table that they have 
never been paid for their services from the United States. 

It appears from the record of the Convention at Dorset, Sept. 25, 1776, 
that there were " several colonels on the west side of the Green Moun- 
tains," with companies organized and armed for service, who were 
subject first to the Committee of War, and ultimately to the Convention. 
See Vol. i, pp. 33-35. It is stated in the Gazetteer we have referred to, 
that Benjamin Hickok, with others, was taken prisoner at Hubbardton, 
July 6, 1777, by a "paity of Indians and tories under a Captain [Justice] 
Sherwood." The inference from that account is that he was released, 
while other prisoners were taken to Ticonderoga. 

1 The Committee of the Whole sat from day to day until the business 
was concluded.— For full record from the Assembly Journal see Appendix 
H. 



142 Governor and Council — February 1782. 

A letter from Colonel Hinman [Heman] Swift 1 Commanding a Conti- 
nental Regiment, directed to Brigadier General Samuel Safford, dated 
February 12 th 1782, requesting the Generals assistance in taking up a 
number of Deserters from the Continental Army, in Supplying a 
Corooral Baker and three men with provisions, and was by the General 
laid Sefore the Council, Whereupon 

Resolved that the Commisary General of this State be & he is hereby 
directed to furnish said Corporal Baker and three men with necessary 
provisions for the Execution of the business above mentioned. 

Attest, Joseph Fay, Secy- 

Adjourned to 9 °Clock Tomorrow. 

Wednesday 20 February 1782. 
Council Met and Adjourned until tomorrow to meet in Grand Com- 
mittee. 



Thursday 21* February 1782. 

The Grand Committee, composed of His Excellency the Governor, 
the Hon ble Council and General Assembly having dissolved, their report 
is as follows viz*- See the journals of the House in which they are 
recorded at large. 

The Council being convened, the report of the Grand Committee 
was received from the House, with a Committee thereon to join a Com- 
mittee of Council to draw a bill in form, whereupon voted that his honor 
Paul Spooner Esq r - join said Committee. 2 

Adjourned to 9 oClock Tomorrow Morning. 



In Council Friday 22 d February 1782. 

A bill from the house was read appointing a Committee to join a Com- 
mittee of Council to point out some method to redress the injuries the 
Inhabitants of the unions have rec d on account of their Alliance with 
this State. The Hon ble Joseph Bowker and Moses Robinson Esq r - was 
appointed to join said Committee. 

An Act Granting the Prayer of Major Gideon Brownson, and Allow- 
ing him six hundred and sixteen dollars and sixty nine tenth parts 3 of a 

1 Col. Heman Swift (a brother of the Rev. Job Swift, who was for 
many years a distinguished clergyman in Vermont, and uncle of Hon. 
Samuel Swift of Middlebury and the late Hon. Benjamin Swift of St. 
Albans,) was born at Sandwich, Mass., in 1733, and died in Cornwall, 
Conn., Nov. 14, 1814. He was lieutenant in the French war, colonel 
through the revolutionary war, a member of the Council of Connecticut 
for twelve years in succession, and judge of Litchfield county court. — 
See Drake's and Blake's Biographical Dictionaries, and Memorials of a 
Century, Bennington. 

2 The "bill in form" was the official adoption of the Teport of the 
committee of the whole for the dissolution of the East and West 
Unions. — See Appendix H. 

3 " Sixty ninetyeth parts " in the act. In this case Vermont made 
good the depreciation of Major Brownson's continental pay from July 
16 1779 to Aug. 1 1780. In the certificate of " Joseph bourse, Register of 



Governor and Council — February 1782. 143 

dollar was read having passed the General Assembly, Was agreed to by 
the Council and an order drawn on the back of said Act on the Treas- 
urer for the payment of the same Signed by order of Council 

Joseph Fay, Secy- 

The Council joined the Assembly and proceeded to the choice of three 
Agents to the Congress of the United States to Agree on Articles of 
Union between this and the United States. The ballots being taken the 
Hon ble Moses Robinson, Paul Spooner Esquires and Isaac Tichenor 
Esq 1 *- was Elected. 

An Act of Assembly was read appointing certain persons therein 
named to repair to the Authority of New York, to request them to 
suspend the Execution of their Law in prosecuting those persons who 
have been active in joining Vermont, until they can have opportunity 
to petition for an Act of the Legislature of ISTew York Granting Pardon 
&c. having passed the [House] was read and passed the Council. 

Adjourned to 9 oClock tomorrow Morning. 



Saturday 23 d February 1782. 

Council Met According to Adjournment. 

An Act discharging the Town of Pownal from the payment of certain 
provision Taxes therein mentioned was read and Concurred by Council 
and returned to the House. 

On motion made by General Olcott to be released from a Committee 
on the petition of Cockburn & Campbell, Voted that Hon ble Benjamin 
Emmons join said Committee in Lieu of General Olcott. 

A Bill from the House was read as follows viz* — 
State of Vermont. In General Assembly February 23 d 1782. 

Resolved that the Governor & Council be & they are hereby requested 
to take the case of Asa Baldwin into their consideration, and if they 
judge best that Baldwin should have a tryal to give orders accordingly; 
if not that his papers and property be delivered up to him the s d Bald- 
win. Extract from the Minutes, Ros L Hopkins, Clerk. 

Agreable to the foregoing resolution of the General Assembly, This 
Council having taken into their consideration the case of said Bawldwin, 

Resolved that he have Leave to dispose of his Farm in Dorset after 
the first day of May next, on Condition that said Bawldwin relinquish all 
pretensions of Claim or Demand on this State for the use of said Farm 
during the time it has been improved for the use of said State. Also 
that all the papers belonging to said Bawldwin be returned to him. 1 

Attest, Joseph Fay, Secy- 

On application made by M r Brakenridge relating to John McNiel re- 
turning to this State, 

Resolved that M r John McNiel be permitted to return to this State 
for the time being or until the Inhabitants [express] their uneasiness on 
that account. 2 

Attest, Joseph Fay, Scy- 

the Treasury of Congress," to the Major, the space for the state of his 
residence was left unfilled, and the act required the word Vermont to be 
inserted; though by whom this was to be done was not prescribed. 
Probably it was done by the Secretary of State. 

1 See Vol. i, p. 146. 

2 See Vol. i, p. 193. 



144 Governor and Council — February 1782. 

The following Bill rec d from the House & ordered by the Council t© 

be recorded viz* — 

State of Vermont. In General Assembly February 22 1782. 
Resolved that the Governor and Council be requested to write to his 

Excellency General Washington and desire him to furnish two thousand 

stand of Arms & a sufficient quantity of Ammunition for the use of 

this State. 
Extract from the journals, Ros L Hopkins, Clerk. 

Copy Examined, Joseph Fay, Secy- 
Adjourned to Monday Next one oClock P. M. ! 

^rom the Assembly Journal, Feb. 23 1782 : 

The following Resolution of the Board of War was read — viz. — 

" In Board of War Feby- 22 1782. 

" Resolved that it be and it is hereby recommended to the hon ble the 
" Gen 1 - Assembly now sitting in Bennington that this State raise one 
" Battallion consisting of 514 men officers included for the defence of 
" this State the ensuing Campaign, to be commanded by one Lieut. Col - 
" Com dt - one Maj r - 8 Captains and 16 Subalterns, that they continue in 
" service till the 15* day of Dec 1- - unless sooner discharged, that each town 
" in this State raise, equip and pay their equal proportion of the afores'd 
" Battalion according to their lists given in to the Assembly in Oct r - 1781 
" — that the Gen 1 - Assembly appoint some suitable person to repair im- 
u mediately to Maj 1 '- Gen 1 - Heath, or to the Comand»- officer of the North- 
" ern department,' and request him to furnish this State with 2000 Conti- 
" nental arms with a sufficient quantity of ammunition — And that the 
"Fort at Pittsford be removed to Capt. Jon th - Fassets house in said 
" Pittsford. Extract from the Minutes, 

John Fassett, Secy- P. T." 

The House took under consideration the Resolution of the Board of 
War and after some time spent in debating thereon, 

Resolved there be raised for the ensuing Campaign 300 men officers in- 
cluded for the defence of this State. And that non Commissioned offi- 
cers and privates be raised and paid by the different towns agreeable to 
their list returned last October — and that the Commissioned officers re- 
ceive their pay out of this State's Treasury — and that the Gov r - and 
Council be an/1 they are hereby requested to write to Gen 1 - Washington 
and desire him to furnish 2000 arms and a sufficient quantity of ammuni- 
tion for the use of this State. 

Resolved that a Committee of ten to join a Committee from the Coun- 
cil be appointed to Report their opinion what number of Commiss' d 
officers ought to be appointed to command the troops to be raised as afore- 
said — an d bring in a nomination of such officers to be appointed — except 
the Field officers which are to be appointed by ballot. The members 
chosen M r - [Matthew] Lyon, M r . [Gideon] Olin, M r - [Benjamin] Whipple, 
M r - [Samuel] Mattocks, M r - [John] Sargent, M r - [Zadock] Granger, M r 
[Elisha] Burton, M r - [Thomas] Chandler, [jr.] M r - [Gideon] Ormsbee & 
M r - [Timothy] Bartholomew. 

Messrs. Bowker, Fletcher and Emmons were joined from the Council. 

Feb. 25 1782. — The Committee appointed to bring in a nomination of 
officers to command the troops to [be] raised the ensuing campaign 
brought in the following report— viz— . 

That in their opinion that the said troops be commanded by one Major, 
five Captains, ten Subalterns— That there be one Serjeant Maj r -, one 
quarter Master Serg 1 -, twenty Serjeants and twenty Corporals— and that 
the Adjutant and Quarter Master be appointed out of the Subalterns by 



Governor and Council — February 1782. 145 

State of Vermont. In Council Monday 25 February 1782. 

Council Met according to Adjournment. 

A bill from the House was read appointing a Committee of Ten mem- 
bers to Join a Committee of Council, for the purpose of nominating 
officers to command the Troops next Campaign, Whereupon 

Voted that the Hon ble Joseph Bowker, Samuel Fletcher & Benjamin 
Emmons Esquires join said Committee. 

Eesolved that the Hon ble John Fassett and Timothy Brownson join 
the Committee appointed by the Assembly and Council to take into con- 
sideration the Petition of Samuel Avery Esquire. 

A Bill from the House was Read appointing a Committee to prepare 
Instructions for the Agents appointed to setle Preliminaries with Con- 
gress &c. whereupon the Hon ble Moses Robinson & Samuel Fletcher 
Esquires [were appointed] to join said Committee. 

An Act for enabling Communities to recover their rights, &c. having 
passed the House was read and Concurred. 1 

Resolved that the Proprietors of the Gore of Land Granted to General 
Samuel Safford and Company Eighteen in number pay for Each right 
nine pounds Lawful Money in Silver to be paid by the first day of May 
next, to be settled three years after the War. . Reservations to be set 
forth in the Charter of Incorporation. 

Resolved that the Proprietors of Goshen Granted to Captain John 
Powel, Nehemiah Lovell, William Douglass, Lt. Samuel Beach & Compy 
to the number of 65 pay for Each right Eight pounds Lawful Money in 
Silver to be paid on or before the first day of May next, the time of Set- 
tlement to be three years next after the War will admit of a Settlement 
with Safety, the reservations to be specified in the Charter of Incorpora- 
tion. 

the Major. That the following Gentlemen be appointed Captains and 

Subalterns — viz— 

Capt. Jesse Sawyer, Lieut. Amos Kellogg. 

Lieut. Jacob Fairman, Capt. Beriah Green, 

Lieut. David Dimmick. Lieut. [Joshua] Church, 

Capt. Ithamir Brookings, Lieut. Elijah Knight. 

Lieut. Samuel Beach, Capt. Nehemiah Lovewell, 

Lieut. David Powers. Lieut. James Smalley, 

Capt. Josiah Boyden, Lieut. Nath 1 - White. 

Lieut. Jonas Royce, 
Your Committee would further report that they have not attempted to 

rank the Companies. Joseph Bowkek for the Com tee - 

The above report was read and accepted and 
Resolved that his Excellency the Governor be and is hereby requested 

to Commissionate the persons to the several offices as mentioned in said 

Report. 

Resolved that Benjamin Whipple Esq r - [of Rutland] be and is hereby 

appointed Muster-Master of the troops to be raised on the West side of 

the Green Mountains — and that Capt. John Benjamin [of Windsor] be 

and hereby is appointed Muster-Master of the troops to be raised on the 

East side of the Mountains. 

Feb. 26 1782. — Agreeable to the order of the day, proceeded to choose 
a Major to command the troops to be raised the ensuing campaign. The 
ballots being taken, Major Gideon Brownson was Elected. 

1 This act prescribed the mode of discharging judgments in suits 
against towns. 
11 



146 Governor and Council — February 1782. 

Resolved that the Proprietors of a Small Gore of Land Granted to 
Edward Harris Esq r - and Associates to the number of seventeen pay for 
Each right Eight pounds Lawful Money in Silver to be paid by the first 
day of May next. Terms of Settlement to be three years after the War. 
Reservations to be as in the other Towns. 

Resolved that the Proprietors of the Township of Sterling 65 in num- 
ber Granted to General Samuel Fletcher and Company pay for Each 
right Eight pounds Lawful Money in Silver to be paid by the first day 
of May next. The terms of Settlement to be the same as other Towns 
within the lines. 1 Reservations to be Specified in the Charter of Incor- 
poration. 

Resolved that the Proprietors of a Gore of Land Granted to Lieutenant 
Moses Johnson & Company thirty three in number containing about five 
thousand & 45 acres pay for each right Seven pounds Lawful Money in 
Silver, to be paid by the first day of May Next, to be settled in three 
years from this date. 

Resolved that the Proprietors of a Gore of Land Granted General 
Peter Olcott and Company pay for each Right Eleven pounds L. Money 
in Silver, Each right to contain three hundred and thirty acres, to be 
paid by the first day of June next. To be settled in three years from 
this date. Reservations to be specified hereafter. 

Resolved that the Proprietors of a Gore of Land Granted to M r - John 
Wheeler & Corny- cantaining about two thirds of a Township pay for 
Each right in said Gore nine pounds L. Money in Silver each right to 
contain three hundred and thirty acres, to be paid by the first day of 
May next. Terms of Settlement to be three years after the War will 
admit. The reservations to be Specified in the Charter of said Grant. 

Resolved that the Proprietors of the Township of Waitsjield Granted 
Gen 1 Roger Enos, Colonel Benjamin Wait and Company to the number 
of sixty-five pay for Each right Eight pounds L. Money in silver to be 
paid by the first day of May next. To be settled in three years after 
the war will admit with safety. 

Resolved that the proprietors of the Gore of Land Granted unto Amos 
Green, Samuel Moulton and Company to the number of sixteen pay for 
each right nine pounds L. Money in silver to be paid by the first day of 
May next. To be settled in three years from this day. Reservation to 
be Specified in the Charter of said Grant. 

Adjourned to 9 °Clock to morrow Morning. 



[Tuesday, February 26, 1782.] 
An Act from the House was read empowering a Committee to sell 
Colonel Peters Estate in More Town [Mooretown, now Bradford,] in 
which the Council Concurred. 2 

Resolved that the Proprietors of the Township of Burk Granted to 
M r Justice Rose, Captain Uriah Seymour & Company to the number of 
sixty five pay for Each right nine pounds L. Money in silver to be paid 
by the first day of May next, to be Settled in three years after the War 

beyond the lines of military defence, and in the territory which was 
common ground for the scouts of both parties in the war. 

a The confiscated land of the tory Lieut. Col. John Peters of Hebron, 
Conn. — See Yol. I, pp. 267-8. The resolution of the Assembly authorized 
a sale to Capt. Nehemiah Lovewell. 



Governor and Council — February 1782. 147 

will admit with Safety. The reservations to be Specified in the Charter 
of Incorporation of said Town. 

Resolved that the Proprietors of the Township of Browington Granted 
to Timothy and Daniel Brown Esquires, sixty five in number, pay for 
Each right Eight Pounds L. Money in silver fifty pounds of which is to 
be paid down, sixty pounds the first day of August next, the Termes of 
Settlement to be three years after the circumstances of the War will 
admit with Safety. The reservations to be Specified in the Charter of 
Incorporation of said Township. 

An Act of Assembly for the Annual Settlement of the Treasurers 
Accompts at Each October Session was read and Concurred. 

A petition signed Timothy Andrews [Andrus] and Elijah Hinman was 
read, praying to be discharged from certain Land Tax therein mentioned, 
having been read in Assembly and a Committee of Council appointed 
[asked] to join a Committee from the House — Member Chosen the 
Hon ble Benj a - Emmons Esq r - 

A petition signed Seth Smith, praying to be discharged from a certain 
Indictment, was read and the prayer thereof Granted, on condition of 
his taking the Oath of Allegiance to this State, [and] returned to the 
house. 1 

A Petition signed Joseph Burt, praying to be discharged from certain 
bonds therein mentioned, was read and approved, said Burt taking the 
Oath of Allegiance to this State. Returned to the House. 2 

An Act relinquishing to the Settlers of Royalton certain Taxes therein 
mentioned was read and approved. — [on account of " the ravages of the 
enemy" in the burning of the town.] 

Adjourned to 2 oClock P. M. 

Council Met According to Adjournment. 

An Act empowering the Surveyor General to perambulate the lines 
of the several Towns therein mentioned was read & the Council pro- 
posed as an Amendment that the Surveyor General report to this Assembly 
in lieu of his line being conclusive. 

An Act discharging a number of persons & Inhabitants of Benning- 
ton from their four folds was read and Concurred. 3 

Resolved that Joseph Fay Esq r - Commissary of Prisoners be & he is 
hereby directed to Give Terrence Smith Son of Doctor George Smith 
his Parole as a prisoner of War. 4 

1 Seth Smith of Brattleborough was an agent of the adherents to 
New York in Windham county, and in that capacity visited Gov. Clin- 
ton, who sent him to represent Vermont matters to Congress ; which he 
did so unfavorably that the grand jury of the county indicted him for 
attempting to betray the state "into the hands of a foreign power." — See 
B. H. Hall's Eastern Vermont; and Vt. Hist. Soc. Collections, Vol. n. 

2 Joseph Burt of Brattleborough, who gave a bond for the appear- 
ance of the above named Seth Smith for trial. 

3 By the act of Feb. 1779, directing listers in their office and duty, any 
person owning real estate in any town, other than that in which he re- 
sided, was required to return a true list without warning, " or be liable 
to be fourfold ed."— See Slade's State Papers, p. 295. 

4 Dr. George Smythe, or Smith, was one of Gen. Haldimand's Com- 
missioners to treat with Vermont. He was a physician of Albany, N. Y., 
and a tory. Lorenzo Sabine supposes he was a brother of judge William 
Smith of 2sTew York, afterward chief justice of Canada. — See post p. 152. 



148 Q-overnor and Council — February 1782. 

On application made by Col - W m - Barton, Kesolved that the payment 
of the Granting fees of the Township of Providence [Barton] Granted to 
Colonel William Barton & Company be postponed until the first day of 
June next, then one half to be paid, the time of Payment of the other 
half to be determined upon at that time. 

An Act repealing an Act forming a Sixteenth Regiment having passed 
the General Assembly was read and Concurred. 1 

An Act directing the Selectmen of Pownall to repair certain Diged 
Highways [dugway in the Assembly journal] having passed the General 
Assembly was read & Concurred. 

Resolved that the Proprietors of the Township of Billy Mead [Sutton] 
Granted to the Hon ble Jonathan Arnold Esquire and Company to the 
number of sixty-five pay for each right Eight pounds L. Money in silver 
to be paid (including what is already paid) by the first day of June next, 
except Twelve rights which is to be paid by the first day of August next, 
the Terms of Settlement to be three years after the circumstances of the 
"War will admit with Safety. The reservations to be specified in the 
Charter of Incorporation of said Township. 

Adjourned to 9 oClock Tomorrow. 

Wednesday 27 Feb^ 1782. 

Council Met according to Adjournment. 

An Act for abating the Town of Wells from Certain Tax therein spec- 
ified was read and approved. 

On the request of Colonel William Barton to have the Granting fees 
of his Township Suspended, 

Resolved that on the punctual payment of the Granting fees of said 
Town by the time agreed on that Ten shillings on each right be relin- 
quished. 

Resolved that the Proprietors of the Township of Fayston Granted to 
Colonel Ebenezer Walbridge, Major Gideon Ormsby & Company to the 
number of sixty five pay for each right Eight pounds Lawful Money to 
be paid on the first day of May next, to be settled three years after the 
War, other Conditions & reservations to be set forth in the Charter of 
Incorporation. 

Resolved that the Proprietors of the Gore of Land Granted to Beza. 
Woodward Esq r - and Company Twelve in number, pay for Each right 
four pounds L. Money to be paid by the first day of May next. 

A Bill recommending the Draught of a bill giving Instructions to the 
Committee for receiving the Granting fees, was read and the Hon ble John 
Fassett Esq r - & Moses Robinson Esq r - were appointed to join said Com- 
mittee. 2 

An Act to compel the more punctual Attendance of the Members of 
Assembly was read and approved. 8 

An Act relinquishing a part of a Tax of the district of Ira was read 
and approved. 

A Bill from the house for raising three hundred men was read, 
appointing a Committee to devise ways and means for that purpose, 

^his regiment consisted mainly of militia in the "West District." 
8 The committee "to take the granting fees for Lands, &c." consisted 
of Gen. Samuel Safford, Col. John Strong, and Hon. Thomas Porter. 

8 This act imposed a fine of one pound ten shillings for each day of 
absence without excuse, the daily roll or register of the clerk being 
conclusive evidence.— See Slade's State Papers, p. 446. 



Governor and Council — February 1782. 149 

whereupon the Hon bIe Joseph Bowker [was] appointed to join said 
Committee. 

An Act Granting Arms and Ammunition to certain persons who 
were taken prisoners &c. was read and Concurred. 1 

A petition signed by the Inhabitants of Shrewsbury was read, a 
Committee being appointed by the house to join a Committee of 
Council, Whereupon Voted the Hon ble Samuel Fletcher to join said 
Committee. 

An Act directing the Treasurer to distroy the bills of Credit of this 
State &c. was read and approved. 

Adjourned to 9 oClock Tomorrow. 2 

Thursday, 28 February 1782. 

Council Met According to Adjournment. 

Resolved that the proprietors of the Gore of Land Granted to Captain 
Daniel Smith & Co. Ten in number, pay for each right Eight pounds 
Ten shillings L. Money to be paid by the first day of May next, Each 
right to contain three hundred and thirty Acres. Terms of Settlement 
to be three years after the War will Admit with Safety. Reservations 
to be set forth in the Charter of Incorporation. 

Resolved that the Proprietors of the Township of Johnson Granted to 
the Rev d - Jonathan Edwards, M r [William] Samuel Johnson, Charles 
Chauncey Esquires & Company 3 being sixty five in number, pay for 

1 Vermonters recaptured from the British. 

2 From the Assembly Journal, Feb. 27 1782: 

Resolved that M r - Ward Bayley be and is hereby appointed a 
Lieutenant to command the troops to be raised in the upper Cohoss and 
his Excellency the Gov r - is hereby requested to Commissionate him 
accordingly. 

The act for raising three hundred men did not apply to the towns 
north of Barnet. These towns, by another act, were required to raise a 
guard of twenty-one men for their own protection. Col. Bayley served, 
of course, on this occasion, with the rank and pay of Lieutenant only. 

Resolved that the Board of War be and are hereby empowered to 
take such measures to provide ammunition for the use of this State as 
they shall judge will be necessary to put the same in a state of Defence. 

Resolved that the Captain General be and is hereby empowered and 
directed on advice of the Board of War, to order into service such 
number of militia as they shall judge necessary, and for such time not 
exceeding thirty days from their arrival in Camp. 

Resolved that the Governor and Council be and they are hereby 
requested and empowered to give the officers &c. of the Connecticut 
line a reasonable time to pay the Charter fees of a township granted by 
this State to them — And if they should neglect or refuse to pay the fees 
aforesaid then they are hereby requested and empowered to grant said 
township to such persons as shall most conduce to the benefit of this 
State. 

Resolved that Capt. [Daniel] Cumstock be and is hereby appointed a 
Captain to command a Company of men in the service of this State the 
ensuing campaign in the room of Capt. Jesse Sawyer who will not accept 
of his appointment — And the Governor is hereby requested to commis- 
sionate the said Capt. Cumstock accordingly. 

8 Rev. Jonathan Edwards, D. D., then of New Haven, Conn., and 
afterward President of Union College, K. Y. William Samuel 



150 Governor and Council — February 1782. 

Each right Eight pounds Ten Shillings L. Money to be paid immedi- 
ately, the Terms of Settlement and reservations to be specified in the 
Charter of Incorporation. 

An Act for the purpose of raising a Certain Number of Troops for the 
defence of the Inhabitants of the upper Cohoos [Coos] was read and 
approved. 1 

On recommendation of the representatives of the County of Winsor, 
Resolved that Major Benjamin Wait Escf- be and he is hereby appointed 
Sheriff in and for said County for the time being. 

A petition Signed Asa Bawldwiu was read praying for leave to return 
to this State, whereupon Resolved that His Excellency the Governor be 
requested to Grant said Bawldwin a pass for that purpose. 

A petition Signed Lewis Walker, Daniel Briggs, Francis Matison & 
Joshua [thus on the record] Praying for certain tines therein mentioned 
to be remitted, was read, whereupon Resolved that said fines be and they 
are hereby remitted & the aforesaid persons are hereby fully discharged 
therefrom. Attest, Joseph Fay, Secy- 

An Act for taking off the Tender of paper Money was read and Con- 
curred. 2 

In General Assembly 28 Feb^ 1782. 

On motion made, Resolved that this Assembly will Appoint one per- 
son in addition to the Agents already appointed to transact the business 
of this State in Congress. The Ballots being taken the Honorable 
Jonas Fay Esquire was Elected. 

Attest, Roswell Hopktns, Clerk. 

Resolved that the Proprietors of the Gore of Land Granted to Captain 
Elijah Dewey & Com? fifteen in number pay for each Right in said Gore 
Eight pounds Ten Shillings L. Money, the one half to be paid Down, 
the other half to be paid the first day of May next — the Terms of Settle- 
ment and reservations to be Specified in the Charter of said Gore. 

Adjourned to 9 oClock Tomorrow. 3 



Johnson, LL.D., of Stratford, Conn., was agent for Connecticut in 
England from 1766 to 1771, and a firm friend to Yermonters then and 
during his life; a member of the Continental Congress and of the 
Convention which adopted the federal constitution, U. S. Senator for 
Connecticut from 1789 to 1791, and President of Columbia College, 
N. Y. city. The town of Johnson seems to have been named in his 
honor. Charles Chatjncey, LL.D., then residing at New Haven, 
Conn., was a distinguished jurist, and President of the first agricultural 
society organized in Connecticut. 

1 See note, ante p. 124. 

2 This applied to the bills of credit issued by the State. These bills 
were a legal tender from the issue under the act of April 1781 until June 
1 1782, when they were redeemable in specie. — See Slade's State Papers, 
pp. 424-426, 446. 

8 From the Assembly Journal, Feb. 28 1782 : 

Resolved that the Secretary to the Governor and Council be and is 
hereby allowed nine shillings p r - day while attending on Council. 

The Committee appointed to see what hard money there is now going 
into the Treasury and how the same should be paid out, brought in the 
following report, viz — 



Governor and Council — March 1782. 151 

Friday 1* March 1782. 
Council met according to Adjournment and Adjourned until Thursday 
next then to meet at Captain David Galushas, Shaftsbury. 

End of February Session 1782. 



Copy of Instructions to Committee for procuring a Printer. 

Bennington, In Council V March 1782. 

To Colonel John Barret, Benjamin Burt, and John Sessions Esquires — 
You having been appointed by the General Assembly to Superintend 
and provide for the printing office in this State — 

These are therefore to Instruct and direct you to Examine into the 
Cause why the printing office [at Westminster] has not answered the 
purposes Expected, and to Engage sonrj Suitable* person or persons in 
the vicinity of Westminster to Supply every Material for the said press 
on as reasonable conditions as can be obtained, and to Engage some 
suitable post rider or riders to Circulate & distribute the public acts & 
news papers through the several Towns in this State. And if you can- 
not Engage a person or persons that answer that purpose you are hereby 
authorized & directed with the Consent of the proprietors to remove said 
Office with the Materials to Bennington on this States Cost if any person 
will Engage to Supply the Materials at that place for the purpose afore- 
said. And if the proprietors refuse to accede to these terms & will not 
Engage to carry on said business punctually and with dispatch, you are 
hereby directed to dismiss him & procure an other printer, that will 
answer the purposes expected, and make returns to the Governor Ss 
Council of your doings as soon as may be. By order of the Governor & 
Council, Joseph Fay, SSecv- 



That they find there is £369 in hard money now to go in to the Treas- 
ury ; and that they find it will take £226-17-10 to pay one third of the 
Debenture of Council and Assembly not reckoning this days pay, and 
that when £100 is laid by for the Agents to Congress there will be left 
£42-18-2 out of which it is the opinion of your Com tee that [Lieut.] Gov- 
ernor Paine [Payne] have £8 on account of the order he has on the 
Treasury — Gen 1 - Enos £6 on his like order — M r - Spooner £8 on his like 
order, M r - Townshend [Secretary of State,] £6 on his like order. 

M. Lyon, for the Com tee - 

The aforesaid report was read and accepted and the Treasurer is here- 
by directed to govern himself accordingly. 

Resolved that the Land Office Committee be and they are hereby di- 
rected to pay unto the Commissary General of Purchases from time to 
time, such monies as they shall judge necessary, considering the exigen- 
cies of the State — as soon as the orders specially directed by this House 
are paid, and said Commissary to give his receipt to be accountable to 
the Treasurer for the said monies. 

Resolved that Col - John Barret, Benjamin Burt, and John Sessions 
Esq 1 " 8 - be and they are hereby appointed to Super Intend the press and 
Supply the same — And the Governor and Council are hereby requested 
to give said Committee their instructions. 

Resolved that the Board of War be and they are hereby empowered 
and directed to proportion the men to the several towns that are ordered 
to be raised for the ensuing Campaign. 

li 2 



152 (xovernor and Council — March 1782. 

PROCEEDINGS OF THE GOVERNOR AND COUNCIL 

AT 

THEIR SESSIONS IN MARCH AND MAY 1782. 



State of Vermont. In Council, > 

Shaftsbury, Thursday 7 th March 1782. J" 
The Council met according to Adjournment at which time intelligence 
was rec d of the arrival of the Hon ble Jonas Fay& Ira Allen Esq rs - Agents 
to Congress. 
Adjourned to 9 °Clock Tomorrow. 



Friday 8 March 1782. 
Council Met According to Adjournment at which the Agents to 
Congress arrived and proceeded to make their Report &c. 1 
Adjourned to 8 °Clock Tomorrow Morning. 



Saturday 9 March 1782. 

Met According to Adjournment. 

Resolved that General Samuel Safford and Abel Curtis Esquires be & 
they are hereby appointed Members of the Board of War in [place] of 
Colonel Wyman and Caldwell, and was duly qualified to that office. 

On motion made, Resolved that Nathan Canfield 2 be and he is hereby 
discharged from the bond that he is under to appear before this Council 
to answer his Conduct &c. 

Resolved that Alexander Brush [of New Haven] be and he is hereby 
appointed Captain to Command a Company of Men in the Service of this 
State the Ensuing Campaign. 

Resolved that the Proprietors of the Township of Lutterloh [Albany,] 
Glover, Wyllys [Jay, ] and the Township Granted to Major Woodbridge 
and Company pay the Granting fees of said Townships by the first day 
of August next. 

Resolved that Joseph Pay Esq r - Commissary General of prisoners, be 
& he is hereby directed to Parole Terence Smith son of Doc*- [George] 
Smith & permit him to go to Canada on Condition of his returning or 
sending out L*- Michael Duning in Exchange. 3 



Warrant for the Collection of a Provision Tax of 
Delinquent Selectmen. 

The following is a Copy of a Warrant Given the several Sheriffs to 
Collect Provision Tax viz* — 
To the Sheriff of the County of or his deputy, Greeting: 

Whereas by an act of the Legislature of this State passed in October 
1780 entitled "An Act for the purpose of procuring provisions for the 

1 See Appendix H. 2 See Vol. i. 

"Michael Dunning of Pownal was one of the Commissioners of 
Sequestration in 1778-9.— See Vol. I. 



Governor and Council — May 1782. 153 

Troops to be employed in the Service of this State for the Ensuing 
year" among other things therein enacted, the then Select men of the 
Several towns within this State were authorized, empowered and 
directed to Levy a Tax on their respective Towns for the procuring 
such quotas of Provisions as they are respectively assessed by the said 
Act with the necessary cost of package &c. 

And Whereas it is represented by Joseph Farnsworth Esq r - Com 5 ? 
General of Purchases, that the Select men of several Towns within the 

said County of have neglected their duty herein and have not 

returned to him or his deputy their respective quotoes of Provisions as 
directed in said Act. 

And furthermore Whereas no due information hath been made 
whereby the Select men of any Town in said County can be availed by 
the provision made in said Act for them in case of the opposition of the 
Inhabitants of a Town or one third part thereof, and as the time for the 
payment of those quotoes is now Long elapsed and special need requires 
that such arrears be forthwith made Good to the public in order that the 
State may be better enabled to provide for the Troops who shall go forth 
in our defence the ensuing Campaign as well as to discharge those 
Necessary Debts contracted by the public the last season in Consequence 
of the delinquency aforesaid — 

These are therefore in the name & by the Authority of the Freemen 
of the State of Vermont to command you, that of the Goods or Chattels 
of the Select men (whose right or duty it hath been to procure such 

quotoes) of such Towns in the said County of as shall be certified 

to you by the said Commissary General delinquent of such quoto, or any 
part thereof, or sum or sums of Money in Lieu thereof, of which quotoes 
or Coplements, Sum or Sums of Money, you will be certified and receive 
the particular directions of the said Commissary General, and which 
after being availed of in your own possession by virtue of this Warrant, 
you will deliver over to him the said Commissary General or his Deputy 
taking his receipt therefor hereon Indorsed. And also of the said Goods 
or Chattels to satisfy yourself for your own fees as by Law you are intitled. 

Hereof fail not, but make due returnes of this writ with your doings 
thereon within ninety days from the date hereof. 

Dated at Arlington this Eighteenth day of March A. D. 1782. 

By order of His Excellency the Governor with the advice of Council. 

Thomas Tolman, D. Secy- 



State of Vermont. In Council, Arlington 7 th May 1782. 
This Council having taken into consideration the manner in which 
the prisoners Lately taken should be disposed of, whereupon 

Kesolved that Joseph Fay Esquire Com? General of Prisoners be and 
he is hereby directed to take a list of said Prisoners and such as have 
been actually in the British Service to cause to be immediately Sent to 
Canada to be exchanged & the remainder 1 to remain in close Confine- 
ment until further orders from this Council. 

Attest, Thomas Tolman, D. Secy- 

Tories and disaffected persons, probably. When Mr. Fay proceeded 
to execute this resolution by returning seventeen prisoners, strong 
opposition to the release of any of the prisoners of war was made by 
citizens of Bennington and vicinity, and Gov. Chittenden ordered a 
military force to take the prisoners to the frontier to be exchanged 



154 Governor and Council — June 1782. 

Whereas it appears to this Council that there is not a sufficiency of 
provision collected for the present support of the Troops in service and 
that unless immediate exertions be made the Troops cannot be supported, 
Therefore 

Resolved that it be and hereby is recommended to the Inhabitants of 
the Several Towns within this State to take some immediate & effec- 
tual measure to raise a Sufficiency of Provision at Cost to Support the 
number of Soldiers sent from such Town, until they can be other ways 
supplied by the present Crops on the Ground. 

Attest, Joseph Fay, Secy- 

End of the First Volume. 

The second commencing with the proceedings of Council at Windsor 
June 13 th 1782. Attest, Joseph Fay, Secy- 

Note by the Editor. — The first manuscript volume in the Secretary 
of State's office in fact ends with April 18, 1781, and Secretary Fay's 
copy of the original minutes preceding June 13 1782 was attached to 
the second manuscript volume, doubtless by a blunder of the binder of 
the books. The second manuscript volume commences as above indi- 
cated by Secretary Fay. 



JOURNALS OF COUNCIL 

AT THE 

SESSION WITH THE ASSEMBLY AT WINDSOR, JUNE 1782. 



Windsor June 13 th 1782 (Thursday.) 
Agreable to an Adjournment in February last, The Council met at this 

Place— (at M r - Hawley's.) 

Present— His Excels Tho s - Chittenden Esq r - Governor. Members — 

The Hon ble Ira Allen & Sam 1 - Fletcher Esq rs - Tho s - Tolman Dep. Sec^ 

Benj a - Wait Esq r - Sheriff. 

Col. Seth Warner, with a committee from Bennington, remonstrated 
with the Governor and threatened to bring them back. The Governor 
replied that he had acted by the authority of the Council, (the above 
resolution;) that Col. Allen's regiment would be sufficient to execute his 
orders; and he advised the committee to return to Bennington and quiet 
the people. The seventeen prisoners were sent to Canada and exchanged 
for forty citizens of Vermont and neighboring states who had been cap- 
tured by the British. Upon this, all opposition ceased and the course 
of the Governor was approved by all parties.— See Ira Allen's History, 
in Vt. Hist. Soc. Collections, Vol. I, pp. 459, 460. 



Governor and Council — June 1782. 155 

But not being a Quorum, adjourned 'till Tomorrow Morning 10 
th Clock — Then to meet at this Place. 



Friday, June 14 th 1782. 

Council met according to Adjournment. Present His Excels the 
Governor. — Members present — The Hon. Ira Allen, Sam 1 - Fletcher, John 
Throop, Benj a - Emmons, Esq rs - 

The Hon. Paul Spooner Esq r - attended the Board. Not being a Quo- 
rum to transact Business, adjourned 'till Tomorrow Morning at 8 °' th Clock 
— Then to meet at this Place. 



Saturday, June 15 th 1782. 

Council met according to adjournment. — Present His Excellency the 
Governor. Members — The Hon. Jonas Fay, Ira Allen, John Fasset 
Jun T -, Sam 1 - Fletcher, John Throop, & Benj a " Emmons Esq rs - 

His Excellency and Council then waited on the House, when his Ex- 
cellency the Governor laid before the Assembly the following Letters 
and Copies which were read in order by the Secretary, viz. 

Copy of a Letter from Tho s - Tolman D. Sec^ by order of His Excel- 
lency to Governor Clinton Dated Apr 1 - 15 th 1782. Copy of a Letter from 
His Excels to General Washington Dated Mar. 16 th 1782. Copy of a 
Letter from His Excels to Oliver Wolcott Esq r - d°- Letter from Bar- 
zilla Rice to Jon a - Hunt Esq r dated May 14 th 1782. 1 Letter of May 15 th 
from Jon a - Hunt Esq r to His Excels the Governor. Letter of May 16 th 
from Jn°- Shepardson Esq r to His Excell v . Letter of May 23 d from 
W m - Biggelow 2 to His Excels the Governor. Copy of a Letter from 
His Excels the Gov- to Maj r - Shepardson Dated May 23 d 1782. Copy of 
a Letter from His Excels to Jon a Hunt Esq r Sheriff Dated May 22 d 
1782. Copy of a Letter from His Excels to Stephen R. Bradley Esq r 
Dated d°- Copy of a Letter from His Excels to Gen 1 . Fletcher, Dated 
d°- Copy of a Letter to Jotham Biggelow, Dan 1 - Lynde, Josiah Bigge- 
low, and others — from His Excell^ Dated the same as above. 3 

His Excellency then laid before the Assembly the necessary Business 
of the Session — after which His Excellency and Council returned to the 
Council Room. 4 

The Hon ble Paul Spooner Esq r attended the Board. 



1 Hunt was sheriff of Windham county, and Rice was one of his depu- 
ties. These letters related doubtless to the resistance of the Yorkers in 
Guilford. 

2 An adherent to New York, residing in Guilford. 

3 These were all residents of Guilford, who were indicted by the 
grand jury in September 1782 for resisting the authority of Vermont. 

4 From the Assembly Journal : 

After reading the aforesaid letters [noted in the Council journal above] 
his Excellency requested that there might be some alterations made in 
the' following Acts viz — the Act directing the laying and serving execu- 
tions — the Act respecting the making up the depreciation to Col - War- 
ners Regiment — and the provision Act. 

The Agents appointed to wait on Congress requested that Monday 
next might be assigned to hear their report — therefore Ordered that 
Monday next at the opening of the House in the afternoon be assigned 
for that purpose. 



156 Governor and Council — June 1782. 

A Resolution of Assembly appointing a Committee of live to arrange 
the Business of the Session, was rec'd and read, whereupon a Committee 
of Council was appointed to join said Committee. Members chosen, 
General Fletcher and John Fasset, Jun r - Esq r - 

Upon an application to this Council by M r Benj a - Jacobs of Salem in 
the Common Wealth of Massachusetts, producing a Letter directed from 
the Com s y of Prisoners at Boston to the Commissi Gen 1 of Prisoners at 
Quebec, and desiring a Permit for the Purpose of passing into Canada 
to negociate the Exchange of a number of Prisoners agreeable to the 
Request of said Letter — 

And Colonel Chase appearing and informing the Council that from an 
acquaintance with the said Jacobs he could recommend him as a gentle- 
man of good Character, Therefore 

Resolved that it be and hereby is recommended to his Excellency the 
Governor to grant a Permit agreable to the said Request — and also to 
include in said Permit one Jos. Taylor to attend the said Jacobs — 

N. B. (A Copy of the Permit granted is on the Files of Council.) 

Jtg§=* The Permit was altered as will appear by the Copy on File. 

Adjourned to 2 othe Clock afternoon, to meet at this place. 

Met according to adjournment. 

Jonas Fay Esq r - was appointed to join a Committee from the House 
to draw a Bill for the Appointment of a Special Superior Court in the 
County of Windham. [On account of the disturbances at that time.] 

The Hon ble Moses Robinson Esq 1- - attended the Board. 

An Act altering the name of Hertford (the Name of a Town in this 
State) to Waterford was read, and concurred. [See journal of the 17th.] 

An Act pardoning John Arms was read and concurred. 1 

A Resolution of Assembly appointing a Committee of three to take 
under Consideration the 1 st Article in the Report arranging the Business 
of the Session, which is u that an Amendment be made in the Act 
directing the levying Executions" was received and read, Whereupon a 
Committee of Council was appointed to join s d Committee. Members 
chosen, Moses Robinson & Samuel Fletcher Esq rs - 

A Resolution of Assembly appointing a Comm tee of five to take under 
Consideration the 4 th Article in the Report of Arrangement which is 
" To take under Consideration the Act for levying a Tax on the lands in 
this State," was received and read, whereupon a Committee of Council 
was appointed to join said Committee. Members chosen John Fasset 
Jun r & Ira Allen Esq" 5 - 

Council adjourned till Monday next at 9 othe Clock in the Morning. 
Then to meet at this place. 

Monday, June 17 th 1782. 

Council met according to Adjournment — Present His Excels. Mem- 
bers — The Hon ble Ira Allen, Jonas Fay, Moses Robinson, & John Fasset 
Jun r - Esq rs . 

The Hon ble Paul Spooner and General Fletcher attended the Council 
Board. 

1 John Arms was one of the first settlers of Brattleborough, and held 
several offices under New York from 1766 until 1770. He joined the 
enemy, but repented and returned to Vermont, and was pardoned on 
taking the oath of allegiance to Vermont. He wrote a poetical account 
of the Westminster massacre, which is one of the most truthful of the 
tory accounts. — See B. H. Hall's Eastern Vermont. 



Q-overnor and Council — June 1782. 157 

The Governor and Council joined the House in a Committee of the 
whole to hear the Report of the Proceedings of our Agents at Congress, 
in Consequence of their two last Missions — In hearing which Reports, 
the greater part of the Afternoon was taken up. 1 

The Act mentioned in yesterday's Journal, " altering the name of 
Hertford to Waterford" as concurred by Council, was this Day reconsid- 
ered, and proposed to the Assembly by Paul Spooner Esq 1- - from the 
Council, to be altered from " Waterford" to Hartland. 

A Resolution of Assembly appointing a Committee to prepare a Bill 
in addition to an Act intituled "an Act directing and regulating the levy- 
ing and serving Executions" and make report — was received and read ; 
whereupon 

Resolved that a Committee of Council be appointed to join said Com- 
mittee. Member chosen — Paul Spooner Esq. 

Council adjourned to Tomorrow Morning at 8 oth Clock — Then to meet 

1 Erom the Assembly Journal : 

The following are the proceedings of the Grand Committee viz — 

" Windsor, June 17 th 1782. 

" His Excellency the Governor and Council having joined the Assem- 
bly in a Committee of the whole to hear the report of the hon ble Jonas 
Fay and Ira Allen Esq rs - and Abel Curtiss Esq r - and of the hon ble Moses 
Robinson, Jonas Fay and Paul Spooner Esq rs - and Isaac Tichenor Esq r - 
late agents to Congress — His Excellency in the Chair — Micah Town- 
shend Esq r - Clerk — 

1 st - A Resolution of the Governor and Council appointing the Hon ble 
Elisha Payne, Jonas Fay and Ira Allen Esq rs - and Abel Curtiss Esq r - 
Agents to Congress dated Jany- 10 th 1782 was read. 

2 d - A Letter from Mess rs - Fay and Allen to the President of Congress 
dated 30 th Jany- 1782— read. 

3 d - A Letter from the hon ble Sam 1 - Livermore Chairman of a Commit- 
tee of Congress to Mess rs - Allen & Fay dated Feb>- 1 st — read. 

4 th - A Letter from Mess rs - Fay & Allen to M r Livermore Chairman 
&c. dated 5 th - Feb?- 1782— read. 

5 th - A paper delivered by Mess 1-8 - Fay & Allen to a Com tee of Congress 
on the 6 th - Feby- — read. 

6 th - A Memorial delivered by Mess rs - Fay, Allen & Curtis to the Com- 
mittee of Congress dated 7 th - Feby- 1782— read. 

7 th - Written observations delivered by Mess rs - Fay, Allen and Curtis 
to the Committee of Congress dated 12 th - Feby- 1782— read. 

8 th - A letter to the President of Congress from Mess rs - Fay, Allen and 
Curtis dated 13 th - Feb?- 1782— read. 

9 th - A letter from the same persons to the President of Congress dated 
16 th - Feby- 1782— read. 

10 th - Another Letter from the same persons to the President dated 
21 rt - Feby- 1782— read. 

In the Report of the hon ble Moses Robinson, Jonas Fay and Paul 
Spooner Esq rs - and Isaac Tichenor Esq r - the following papers were read 
viz — 

1 st - A commission under the signature of his Excellency the Gover- 
nor appointing the persons above mentioned Agents and Delegates to 
Congress, dated 13 th - March 1782. 

2 d - A written Report of the said Agents of their proceedings and the 
proceedings of Congress respecting this State." 

See Appendix H. 



158 Governor and Council — June 1782. 

at the Meeting House in order to join the General Assembly in the Com- 
mittee of the whole, which still stands adjourned. 



Tuesday, June 18 th 1782. 

Met according to adjournment. 

Present His Excellency the Governor. Members — Ira Allen, Sam 1 - 
Fletcher, Jonas Fay, John Fasset Juu r - John Throop, Benj: a Emmons, 
Paul Spooner, Moses Robinson Esq™- 

Then attended the House in a Committee of the whole, after which 
returned to the Council Room. [This was in reference to the report of 
the Auditors' accounts, but nothing was done.] 

Resolved that a Committee be appointed to join a Committee from the 
House to form an Act for suppressing the Disturbances in the County 
of Windham. — Members chosen M r - Fletcher and M r Emmons. 1 

Resolved that M r - Fletcher be and he is hereby appointed to join a 
Committee from the Assembly on the within Petition, agreeable to a 
Bill from said Assembly. The Petition mentioned is that of L 1 David 
Hitchcock praying for the Grant of a Gore of Land adjoining Athens. 

A Letter of June 10 th 1782 from Cap 4 - Robert Pattison requesting to 
resign — was rec'd and read. 

A Letter of the same Date was rec'd from L* Tho s - Taggart and read, 
purporting the same request. 

Adjourned 'till Tomorrow Morning 8 oth Clock, then to meet at this 
place. 

Wednesday June 19 th 1782. 

Council met according to Adjournment. 

Present His Excellency the Governor. — Members — Ira Allen, Sam 1 - 
Fletcher, Benj: a Emmons, & Moses Robinson Esq 1 " 8 - 

Resolved that M r - Robinson be and he is hereby appointed to join a 
Committee from the House a to prepare a Bill to adjust and settle the 
Estates of Absentees." 

Resolved that M r - Emmons be and he is hereby appointed to join a 
Committee from the House " to prepare a Bill directing the Committee 
of P. Table not to answer the Militia P. Rolls of the late East and West 
Unions" &c. — 

Resolved that M r - Allen be and he is appointed to join a Committee 
from the House " to take under Consideration the Situation of the Pro- 
ceedings of the Legislature of this State respecting Moretown" [Moore- 
town alias Bradford.] 

Adjourned 'till tomorrow Morning 8 oth Clock — then to meet at this 
place. 

Thursday June 20 th 1782. 

Council met according to Adjournment. 

Present His Excellency the Governor. Members — Jonas Fay, Ira 
Allen, Sam 1 Fletcher, John Fasset Jun r - John Throop, Benj a - Emmons, 
Moses Robinson Esq rs - 

*For act see Council record of Aug. 29 1782, post. June 19th, Jonas 
Fay and Paul Spooner were requested to call upon the disaffected inhab- 
itants of Orange county and the northern towns of Windsor county, 
explain the action of Congress, and u use their utmost endeavors to unite 
the disaffected people to this Government." Isaac Tichenor was sent 
for the same purpose to the towns of Brattleborough, Halifax, and Guil- 
ford. — Ms. Assembly Journal, Vol. 2, p. 134. * 



Governor and Council — June 1782. 159 

An Act confirming a Eight of Land unto Keuben Bloomer in the 
Township of Dorset was read and concurred. 

The following is a Bill received from the House, — 

" State of Vermont, In General Assembly June 20 th 1782. 

Resolved that there be and is hereby granted unto Lieu*- David Hitch- 
cock and his Associates seven in Number herein after named a Gore or 
Tract of Land containing by Estimation One Thousand Acres, bounded 
Northerly upon Athens, Easterly upon Putney, Southerly upon Dum- 
merston, and Westerly upon New Fane and Townshend, viz: To Jonas 
Moore two Hundred and Thirty five Acres, David Hitchcock 235 Acres, 
Benjamin Butterfield Jun r . one Hundred and Fifty Acres, Oliver Cheney 
Ninety Acres, Ebenezer Ober Ninety Acres, Moses Benson Fifty Acres, 
Daniel Benson Fifty Acres, and Joseph Enos one Hundred Acres. — 
And the Governor and Council are requested to issue a Grant for the 
same to the said Persons under such Restrictions and Reservations as to 
them shall appear proper — annexing the s d Gore to the Town of Putney 
upon this Condition — That if any other Inhabitants than are above 
named are included in the Bounds of said Gore, the said Grantees shall 
relinquish to the actual Settlers what they have severally heretofore 
purchased or improved." 

In Council (date above.) 

Resolved that the Granting Fees upon each Acre of Land in the above 
Gore be Two Shillings and the Time for the Payment of the same be on 
or before the first Day of August next. 

Attest, Tho. Tolman, D. Secy- 

Resolved that the Treasurer be, and he is hereby directed to pay unto 
Captain William Gallup the sum of Twent}^ three pounds Sixteen 
Shillings and two pence Law 1 Money, it being in full of a Ballance due 
the s d Gallup as a Commissioner for the Sale of confiscated Lands which 
will appear drawn in Continental Money — viz £40 9 6 March 1778 on 
the Journals of Council of February 1781 — reference thereto being had. 
By Order of the Governor and Council, Tho. Tolman, JD. Secy- 

£28 16 2. 

Adjourned till tomorrow Morning 8 oth Clock then to meet at this 
Place. 1 



Friday June 21 st 1782. 

Met according to adjournment. Present His Excellency the Governor. 
Members — Ira Allen, Sam 1 Fletcher, Jonas Fay, John Fasset jun r > John 
Throop, Benj a - Emmons, Paul Spooner & Moses Robinson Esq rs - 

Upon a Reconsideration of the Time for the Payment of the Granting 
Fees of the Gore of Land granted to L*- David Hitchcock and Asso- 
ciates on the 20 th Instant, 

Resolved that the Time for the Payment of said Fees be on or before 
the Day of the rising of the General Assembly in October next. 

The Hon ble Paul Spooner Esq r - requested Liberty to resign his Office 
of Judge of Probate for the District of Hartford, whereupon 

Resolved that Elias Wild Esq r - be and he is hereby appointed Judge of 
Probate within and for the District of Hartford, in the Room of the 
Hon ble Paul Spooner Esq r - resigned. 

1 From the Assembly Journal: 

The Governor and Council joined this House to choose a Chief Judge 
of the Superior Court. The ballots being taken The Hon ble Moses 
Robinson was Elected. [In place of Elisha Payne, who by the dissolu- 
tion of the union with the " Eastern District " had become a citizen of 
New Hampshire.] 



160 G-overnor and Council — June 1782. 

The following Acts which had previously passed the House of Assem- 
bly, were this day passed in Council with the several Proposals of 
Amendment added to each viz — 

An Act establishing the Constitution of Vermont and securing the 
Privileges of the People. 

An Act adopting the Common Statute Law of England. 

An Act denning and limiting the Powers of the several Courts within 
this State. 1 

An Act regulating all Processes in Civil Causes. 

An Act directing County Election in the County of Windsor. 

An Act in Addition to an Act directing and regulating the levying 
Executions. 2 

1 See Slade's State Papers, p. 450. 

2 For this act see Slade's State Papers, p. 455. Another act which was 
passed by the Assembly on the same day, entitled " An act for the pun- 
ishment of conspiracies against the peace, liberty, and independence of 
this State," is not noticed on the Council journal. This act provided 
that the assembling of six or more persons, " with weapons of terror," 
to hinder the execution of the laws; or if any person or persons shall 
conspire, or attempt, any invasion, insurrection, or rebellion against the 
State — the punishment should be banishment, or imprisonment, and for- 
feiture of property. The third section provided that if any person ban- 
ished under this act should refuse to depart, or after departure should 
return without leave, and be convicted thereof, u he or they shall suffer 
death." — See Slade's State Papers, p. 454. Attested copies of this act were 
sent immediately to the towns of Brattleborough, Halifax, Guilford, and 
Marlborough. 

The acts establishing the constitution of Vermont, &c, have occasion- 
ally been criticised, and to the discredit of the critics. The fact that at 
that day the General Assembly was intended to be omnipotent, and was 
made so by the constitution, except as to altering, or infringing upon, 
that instrument, is a sufficient answer to these criticisms.— See Vt. His- 
torical Soc. Collections, Vol. n, pp. 277, 429, 448; and D. Chipman's Me- 
moir of Chittenden, pp. 100-113. The act of June 1782 was for " estab- 
lishing the Constitution of Vermont, and securing the Privileges of the 
People," — not to infringe upon either. It originated in the 5th clause 
of the items of business agreed upon for the session, which was in these 
words: "That a Statute be made- in explanation of the 25 th Section of 
the Constitution." That section related to the personal liberty of debt- 
ors, and the admission of prisoners to bail. The act was drawn proba- 
bly by Micah Townshend, a lawyer of good reputation, who was then 
Secretary of State. The first section, establishing the constitution, was 
enacted " to prevent disputes respecting the legal force of the Constitu- 
tion of this state ;" and the remaining section gave the general privile- 
ges of the constitution and laws of the state to " all the people of the 
American States, within this State, whether they be inhabitants or not." 
See Slade's State Papers^ p. 449. 



Governor and Council — August 1782. 161 

Council adjourned with the General Assembly to the Second Thurs- 
day in Oct 1 - next agreeable to Constitution, to meet at Manchester — Un- 
less necessary Business shall require some intermediate Meetings of this 
Board, to be called by His Excellency the Governor. 

End of June Session at Windsor, 1782. 

Attest, TnoMAS Tolman, D. Secv- 



PROCEEDINGS OF TEE GOVERNOR AND COUNCIL 



AT A 



SPECIAL SESSION AT MANCHESTER, AUGUST 29 th - 1782. 



State of Vermont. In Council Manchester Aug*- 29 th 1782. 

An Act empowering the Governor to raise men to assist the Sheriffs. 

Be it enacted and it is hereby enacted by the Bepresentatives of the Free- 
men of the State of Vermont in General Assembly met and by the author- 
ity of the same, that His Excellency the Captain General of this State 
be, and hereby is empowered to order & direct any Officer or Officers in 
this State to raise any number of Men in the same, and to march them 
to any part thereof, to assist the Sheriffs in their respective Counties in 
the due Execution of their Office — And that His Excellency be empow- 
ered to appoint and commissionate any Person or Persons with full 
power for all the Intents & Purposes aforesaid — And that His Excel- 
lency call on the Commissary General to furnish the Men when so 
raised with Provisions as need may require; and for that purpose that 
he grant a Warrant to said Commissary to levy by Distress and take 
Provisions wherever it may be found, a sufficiency to supply said Troops 
while in actual Service for the Purposes aforesaid. 

Windsor June 22 d 1782. 
The preceeding is a true Copy of an Act of the Legislature of the 
State of Vermont passed yesterday. 

Attest, Micah Townsend, Secry- 1 



In Council at the House of M r Elias Gilberts in Manchester, August 

29 th 1782. 

The Council having met at this place, agreable to Request of His Ex- 
cellency the Governor, & a Quorum being present, the Board proceeded 
to Business. 

The present situation of the County of Windham being taken under 
the due Consideration of this Board, 



1 This act and a resolution requiring a special session of the superior 
court in Windham county, were, by a resolution of the Assembly of 
June 21, to be kept secret until the session of the court. 
12 



162 Governor and Council — August 1782. 

Resolved, that His Excellency the Governor be advised to raise 150 
Men as Vollunteers within Col - Eben r Walbridge's Regiment, and 100 
within Col - Ira Allen's Regiment, for the purpose of assisting the Civil 
Authority of this State in carrying inlo Execution the Laws thereof in 
the said County of Windham. 

Resolved, that His Excellency the Governor be also advised to appoint 
and commissionate B. Gen 1 Ethan Allen, to take the command of the 
said Vollunteers. 

Resolved, that the Hon blc Jonas Fay Esq r - be, and he is hereby ap- 
pointed Judge of Probate for the District of Bennington, in the Room 
of Col - Nath L Brush resigned — This appointment to remain in full Force 
& Virtue, until some other Person shall be regularly elected & commis- 
sionated to that Office, according to Constitution. 

The Hon. Jonas Fay being duly sworn to that office was accordingly 
commissionated. 

Upon the Application of Benjamin Bennet to this Council by his At- 
torney Stephen R. Bradley Esq r requesting that the Sentence given by 
the Hon. Superior Court of this State, at their Session in Tinmouth the 
last week, against the said Bennet, be mitigated by this Board, 

Resolved, that as it is the Desire of this Council when consistent with 
Constitution, & in Case of Penitency, to mitigate the Rigours of the Law 
upon Offenders, the said Benjamin Bennet is hereby discharged from 
Three Months & an half of the Imprisonment ordered by said Sentence, 
upon Condition that he pay to the Sheriff of the County of Bennington, 
the Fine ordered by said Court, with Costs of Prosecution, Committment, 
&c ; or procure good and sufficient Security to the Acceptance of the said 
Sheriff, that the same shall be paid within Three Months after liberation, 

And the Sheriff of the said County of Bennington, upon such Pay- 
ment or Security being made, at the Expiration of Fourteen Days next 
after the rising of said Court, is hereby directed to liberate & discharge 
the said Benjamin Bennet from his Confinement in the Goal in Ben- 
nington. 

By Order of the Governor and Council, Tho. Tolman Dep. Secrv- 

Resolved that the Secretary of Council, or Deputy, be directed to re- 
draught in a plain and legible Manner the former minutes of this Council, 
and compile the same into one Book in Folio. 

Attest, Thomas Tolman, Depv Secrv- 



A Commission, with Instructions, to Brigadier General 

Ethan Allen. 

To the Honorable Brig r General Ethan Allen. — In pursuance of an 
Act of the General Assembly of this State at their Session in the month 
of June last, entitled "An Act empowering the Governor to raise Men to 
assist the Sheriffs " by & with the advice of the Council Board of this 
State met at Manchester on the 29 th day of August last, which is as 
follows, viz*- " Resolved, that His Excellency the Governor be also advised 
to appoint & commissionate B. General Ethan Allen to take the com- 
mand of the said Vollunteers " and reposing Special Trust & confidence 
in your Fidelity & good Conduct, I do by these Presents, In the name, 
and by the authority of the Freemen of the State of Vermont, fully 
authorize and empower you, the said Ethan Allen, to act and transact 
the following matters, for the purpose of assisting the Civil Authority in 
the due Execution of the Laws of this State, for" the suppression of the 
late, and present tumultuous Insurrections in the County of Windham. 



Governor and Council — April 1781. 163 

Firstly. You will proceed to raise as Volunteers, Two Hundred and 
Fifty men (One Hundred & Fifty of which in Colonel Walbridge's, and 
One Hundred in Colonel Allen's Regiment of Militia) & see them equipt 
with Horses, Arms and Accoutrements. Provisions and Ammunition 
will be furnished by the Commissary General. 

Secondly. The Men when raised & thus equipt you will march into 
the County of Windham as a Posse Comitatus for the Assistance of the 
Civil Authority in the said County of Windham as aforesaid, In pur- 
suance of the Trust reposed. Given under my Hand at Arlington this 
Second Day of September Annoque Domini 1782. 

(Signed) Thomas Chittenden, Cap 1 - General. 

By His Excellency's Command, 
Tno s Tolman, D. Secrv- 

Attest, Thomas Tolman, D. Secrv- 



In the spring and summer of 1782, the adherents to New York in the 
southern part of Windham county were very active in their opposition 
to the authority of Vermont, being encouraged therein by Governor 
Clinton, by whom civil and military officers, residing in that county, 
were commissioned. The opposition culminated on the 22d of August, 
in successful resistance to an attempt of Jonathan Hunt, the Vermont 
sheriff, to arrest Timothy Church of Brattleborough, on an execution. 
Thereupon the special session of the Council of August 29 was called, 
and the above commission was given to General Allen. On the 8th of 
September the General gathered his posse; on the 9th the party of 
mounted men reached the scene of disturbance; on the 10th the princi- 
pal offenders were arrested; and by the 19th they were convicted and 
sentenced by the superior court, some to banishment and confiscation, 
and others to fines. — See Vt. Hist. Soc. Collections, Vol. n, pp. 272-'3, 
286-'7, 295-303; East. Vermont, pp. 424-455; Early History, pp. 394-397. 



JOURNALS OF COUNCIL BELONGING TO THE FIRST VOLUMN. 

COMMENCING with the 
PROCEEDINGS AT ARLINGTON APRIL 25 th 1781. » 



Arlington April 25, 1781. 

This day the following Members of Council Met by His Excellency' 8 
Summons viz*- Jonas Fay, Moses Robinson, Ira Allen, and John Fassett 
Esquires — There not being a quorum, 

Adjourned to 8 °Clock Tomorrow. 

1 Owing to an erroneous memorandum at the close of Vol. 1 of Secre- 
tary Fay's records, the following minutes of special sessions of the 
Council were omitted in copying for the press, and are now necessarily 
inserted here, instead of preceding the minutes of June 13 1781 on p. 
101. In fact these and other minutes are misplaced in the official record. 



164 Governor and Council — April and May 1781. . 

April 26, 1781. 

Met according to adjournment. 

The Hon ble Timothy Brownson & Jeremiah Clark Esquires joined the 
Council. 

Resolved that the Hon ble Ira Allen Esquire and Major Isaac Clark, be 
and they are hereby appointed Agents, to proceed to the Province of 
Canada, & to Treat with Commissioners to be appointed on the part of 
the British in Canada, to agree on and settle a Carteel for the Exchange 
of prisoners and make returns to this Council. 1 

Resolved that the Captain General Notify the officers of the Militia in 
the Counties of Bennington and Rutland to make returns of the deficien- 
cy of ammunition in their respective Regiments &c. and receive orders 
for their Supply which will be delivered on Account of Money due to 
the Militia for services done. 

Resolved that Joseph Farnsworth Esquire Commissary of Purchases, 
be and hereby is directed to receive and receipt the Ammunition belong- 
ing to this State and be accountable. 

Resolved that Moses Robinson Esq r - be and hereby is appointed in lieu 
of Ira Allen Esq r - to attend the Convention to be holden at Cambridge 
[N. Y.] on the second Wednesday in May Next. 

Resolved that there be and hereby is appointed four persons to Take a 
Tour into the new Teritory Lately Claimed by the State of Vermont 
adjoining to and lying East of Hudson River, to Learn the sense of the 
people relative to joining this State. Persons chosen, Mathew Lyon, 
Jonathan Fassett, Joseph Fay, and Thomas Butterfield. Either two of 
the above persons are directed to proceed as above specified. 

Resolved that whereas it has been Represented that Colonel Gideon 
Warren has Removed with his effects out of the Ancient jurisdiction of 
this State, and Whereas it is viewed by this Council to be necessary that 
a quorum of the Board of War Convene on business at this Time, there- 
fore Resolved that Jonathan Fassett Esquire be and hereby is appointed 
for the time being to Supply the place in the Board of War of Col - War- 
ren. Joseph Fay, Secy- 

Adjourned without day. 

Bennington 30 th April 1781. 
Personally appeared Jonas Galusha who is Elected sheriff in and for 
the County of Bennington, Captain David Galusha, and Captain Abia- 
ther Waldo as his Sureties, and acknowledge themselves jointly and sev- 
erally recognized and bound unto the Treasurer of this State in the sum 
of two thousand pounds Lawful Money for the faithful performance of 
the said Jonas in his said office of Sheriff in & for the county aforesaid 
in discharging of the duty and for the answering all such damages as 
any person or persons shall Sustain by any unfaithfulness or Neglect in 
the Execution of the said office. 

Attest, Joseph Fay, Sees- 



Arlington May 26, 1781. 
In Council Resolved that an Embargo be and hereby is laid on the 
Exportation of all kinds of provision out of this State that is Necessary 
and Suitable for the Army for thirty days next coming. 

1 Allen alone went on this service.— See Allen's History, in Vt. Hist. 
Soc. Collections, Vol. I, pp. 420-421. 




COUNCIL- CHAMBER. 




- TBBJbllA 



CATAMOUNT -TAVERN . 



APPENDIX A 



THE FIRST VERMONT COUNCIL CHAMBER, 

nsr 
THE OLD CATAMOUNT TAVERN AT BENNINGTON. 1 

BY HILAND HALL. 

[From The American Historical Fecord, number for Jan. 1872.] 

On the 30th of March 1871 the old " Catamount Tavern" House which 
had long been the most notable relic of early times in the Center Village 
of Bennington, Vermont, was burnt to the ground. It had been unoc- 
cupied for a short time and the origin of the fire is unknown. The house, 
which was in a tolerable state of preservation, had been built over a 
hundred years, having been erected by Captain Stephen Fay, a year or 
two prior to 1770. It was a wooden building about 44 feet by 34, two 
stories high, having two high chimneys with high fire places in each 
story, besides which there was a very large fireplace in the cellar or 
basement, part of which was used as a wash room, and a cook room as 
occasion required. The two chimneys are now standing (Autumn of 
1871) exhibiting their spacious fire places, with heavy iron cranes in 
those of the lower story and basemenl. On the marble mantle of one 
of the fire places the words " Council room" appear, cut there in early 
times. 2 On the top of the high sign post was placed the stutfed skin of a 
Catamount, from which came the name of the house, though in its early 
days it was, in accordance with the custom of the time, more generally 
spoken of as " Landlord Fay's." 

During the period of the early settlement of the state, the house was 
a great resort for travellers and emigrants, and it was also widely known 

1 The Illustrations for this paper, are from Photographs furnished by 
the author, ex-Governor Hiland Hall, of North Bennington, Vermont, 
and a pen-and-ink sketch by his grand-daughter. — Editor of the 
Record. 

2 The carver of the words on the fire-place left out the n in the word 
Council. 



166 Appendix A. 

as the Head Quarters of the settlers in their contest with the New York 
land claimants. It was the home of Ethan Allen for several years from 
1770, when he first came to the " New Hampshire Grants," as Vermont 
was then called. The settlers held their lands under grants from New 
Hampshire, to which the territory was supposed to belong, but in 1764 
the king, by an order in council, placed them under the jurisdiction of 
New York. Whereupon the governor of that province declared their 
titles to be void, and re-granted their lands to speculators, who recovered 
judgments in the New York courts against the settlers, and sent their 
sheriffs and posses to execute them, who were resisted by the occupants 
and forcibly prevented from obtaining possession. This controversy 
raged for years, and the settlers appointed committees of safety before 
whom offenders against the integrity of their titles, styled "Yorkers," 
were brought for trial. On conviction they were variously punished, 
sometimes by banishment from the territory, and sometimes by whipping 
on the naked back, a mode of punishment for crime then in common 
use throughout the country. The latter punishment, in allusion to the 
Great Seal of the Governor of New Hampshire affixed to their charter 
titles, and to the instrument with which it was commonly inflicted, the 
settlers humorously called "the application of the beech seal." 1 

Another mode of punishment was devised for one offender residing 
within their own limits. One Doctor Samuel Adams of Arlington who 
had held his lands under a New Hampshire charter, suddenly became an 
open advocate of the New York title, advising his neighbors to purchase 
it. This tended to weaken the opposition to New York by producing 
division among the Settlers, and he was repeatedly warned to desist from 
such discourse. But he persisted in his offensive language, and arming 
himself with pistols and other weapons, threatened death to any one who 
should molest Mm. What followed is related in the language of a con- 
temporary : " The Doctor was soon taken by surprise, and carried [15 
miles] to the Green Mountain [Landlord Fay's] tavern, at Bennington, 
where the committee heard his defence, and then ordered him to be tied 
in an armed chair and hoisted up to the sign (a catamount's skin stuffed, 
sitting upon the sign post, 25 feet from the ground, with large teeth, looking 
and grinning towards New York) and there to hang two hours, in sight 
of the people, as a punishment merited by his enmity to the rights and 
liberty of the inhabitants of the New Hampshire Grants. The judgment 
was executed, to the no small merriment of a large concourse of people. 
The Doctor was let down and dismissed by the committee, with an ad- 
monition to go and sin no more. This mild and exemplary disgrace had 
a salutary effect on the Doctor and many others." 2 Dr. Adams, on Bur- 
goyne's invasion, became a violent tory, and fled to Canada, from which 
he never returned. 

When Sir Win. Tryon, governor of New York in 1771, issued a proc- 
lamation offering a reward of 20 pounds each for the apprehension of 
Ethan Allen, Remember Baker and Robert Cochran for their riotous op- 
position to the New York government, they retaliated by publishing 
over their names a counter proclamation offering a reward of 15 pounds 
for James Duane and 10 pounds for John Kempe, their two leading land- 
claiming antagonists, styling them "those common disturbers of the 
public peace," the rewards so payable on their being brought to "Land- 



1 Slade's Vermont State Papers, page 36. ■ 

2 Ira Allen's Natural and Political History of Vermont p. 47. The same 
in Vermont Historical Collections, Volume I, page 357. 



First Council Chamber — Catamount Tavern. 167 

lord Fay's at Bennington." ! Colonel Ethan Allen was sojourning at the 
" Catamount Tavern" in the spring of 1775 and from the " Council Room" 
of that house went forth his order of May 3rd, for mustering the Green 
Mountain Boys for the capture of Ticoncleroga which was effected seven 
days afterwards in the name of "the great Jehovah and the Continental 
Congress." 

In this noted tavern house sat the Vermont Council of Safety during 
the trying campaign of 1777 guiding and directing the patriotic exertions 
of the Green Mountain Boys to stem the torrent of Burgoyne's invasion ; 
and here also Stark and Warner, with the aid of the Council, planned 
the famous attack on Baum's entrenchments, where was won the bril- 
liant victory of Bennington, which turned the current of success from 
the British to the American arms, and was followed in a few weeks, by 
the capture of Burgoyne and his army at Saratoga. Captain Fay, the 
proprietor of the house, had five sons in the Battle of Bennington one 
of whom was killed. On being told that one of his sons had fallen in 
the fight, the venerable patriot, through his deep grief " thanked God 
that he had a son who was willing to die for his country." 2 

Here, in 1778, was tried and condemned, one David Redding, a traitor 
and spy ; and in a field in front of the house a gallows had been erected, 
and a great crowd had assembled to see him executed. But on the morn- 
ing fixed for the execution, the Governor and Council granted him a re- 
prieve for one week, for the reason that he had been tried by a jury of 
six, while by the common law there ought to have been twelve. The 
multitude, who as well as the six jurors, had condemned the traitor, 
were clamorous at their disappointment, and violence was seriously ap- 
prehended, whereupon Col. Ethan Allen, who had just returned from 
his long English captivity," mounted a stump and waving his hat and 
exclaiming attention the whole I proceeded to announce the reasons which 
produced the reprieve, advised the multitude to depart peaceably to their 
habitations, and to return on the day fixed by the Governor and Council, 
adding, with an oath, "you shall see somebody hung at all events, for if 



1 See Hiland Hall's History of Vermont, page 134. 
The following is a copy of the Proclamation : 

£25 REWARD. 
Whereas James Duane and John Kempe of New York, have by their 
menaces and threats greatly disturbed the public peace and repose of the 
honest peasants of Bennington, and the settlements to the northward, 
which peasants are now and ever have been in the peace of God and the 
King, and are patriotic and liege subjects of George 111. Any person 
that will apprehend those common disturbers, viz. James Duane and 
John Kempe, and bring them to Landlord Fay's at Bennington, shall 
have ,£15 reward for James Duane and £10 for John Kemp, paid by 

ETHAN ALLEN, 
REMEMBER BAKER, 

Dated Poultney, Feb 5, 1772. Robert cochran. 

2 Memorials of a Century, by Rev. I. Jennings, pages 253, 254. 

3 In September, 1775, Colonel Allen was in command of a body of 
Canadian Volunteers, on the borders of the St. Lawrence River. He 
was captured near Montreal and sent a prisoner in chains to England. 
He was exchanged, in New York, in May, 1778, when he returned to his 
home in Vermont. 



168 Appendix A. 

Redding is not then hung I will be hung myself." Upon this the uproar 
ceased and the crowd dispersed. Redding having been afterwards tried 
and condemned by a jury of twelve, was hung on the day to which his 
reprieve had been granted, in accordance with Allen's prediction. 1 

The children of Captain Stephen Fay were numerous and respectable, 
and several of them have been prominent in the affairs of the state of 
Vermont. He died in 1781, and the house, not many years afterwards, 
became a private dwelling for two of his sons, in succession ; then for a 
grandson and finally for a great grandson, John Fay, Esq., who died 
Feb. 25, 1866. 



Slade's State Papers, page 269. 



APPENDIX' B. 



RESOLUTIONS OF CONGRESS IN SEPTEMBER AND OCTO- 
BER 1779, AND ACTION OF VERMONT THEREON. 



The Agents of Vermont to Congress. 

Philadelphia, July 1st 1779. 

Gentlemen,— We ever have been and still are willing that every part 
of the conduct of the people we represent, (so far as relates to the 
measures which have been come into for establishing the State of Ver- 
mont,) should at any convenient time be fully laid before the Grand 
Council of America, together with the solicitation of our constituents for 
a union with the other free and independent States of America; as agree- 
able to the declaration of said constituents (in full Convention) made at 
Westminster on the fifteenth day of January A. D. 1777, and exhibited 
to Congress soon after. 1 They always stand ready, in conjunction with 
their fellow brethren in the United States, to pay their equal proportion 
of the expenses of the present just war with Great Britain. 

But being sensible of the inconvenience which might attend your 
honors in the deliberation and final determination of a matter of such 
importance while the War with Great Britain and the circulating medium 
remain in the present condition, we would be far from urging a decision 
in the premises until you can have leisure to take it up deliberately, 
confidently relying (in the mean time) that when ever such opportunity 
shall present, we shall have seasonable notice to prepare and lay in our 
defence. Therefore (at this time) we enclose you only a copy of our 
appointment and instructions, with a printed hand-bill containing viz. 
Governor Chittenden's orders to Col. Allen dated the 6th day of May 
last, an extract of the proceedings of an adjourned Superior Court held 
at Westminster on the 26th day of the same month, and his Excellency's 
Proclamation of the 3d of June; 2 and transmit you a book containing a 
code of Laws as established in the State of Vermont; and have the 
satisfaction to be, with real sentiments of esteem, 
Gentlemen, Your honors' most 

Obd*- H ble Servts. Ethan Allen, 

The Hon. the Congress. 3 Jonas Fay. 

*See Vol. i, p. 48. 2 See Vol. i, pp. 305, 442. 

3 Ethan Allen Ms. Papers, p. 283. 



170 Appendix B. 

Memorial of a. Convention held at Lebanon, N. H., July 27 
1779, by a Committee of the Convention. 1 

To the honorable Committee appointed by Congress to repair to the 
New Hampshire Grants and inquire into the reasons why the inhabitants 
refuse to continue citizens of the respective states which heretofore 
exercised jurisdiction over them &c. 

A Committee appointed by a convention of delegates from nineteen 
towns on said grants on both sides of Connecticut river beg leave to 
exhibit the following sentiments of the people and peculiar circumstances 
of the grants from which they form apprehensions that they ought not 
to be holden to the States of New York and New Hampshire. 

The people in these parts conceive that in the formation of Republican 
States no class or body of men ought to be holden or considered as part 
of any community without their consent and that such consent must be 
given in one of the following ways. 1 st By their express and direct 
act for that purpose. 2 nd By their acquiescence in the measures taken 
by the State for an establishment of such government. 3 d By their 
being duly represented in a State after it is formed. Or 4, By their 
holding some charter of privilege by which they are necessarily con- 
nected with the State in order to an enjoyment of y e privileges contained 
in the charter. 

To have them holden to a State without such consent they apprehend 
is inconsistent with republican government; which (as they imagine) 
supposes the subjects to be governed by their free consent, by a legisla- 
ture in which they are duly represented, by officers in whose appoint- 
ment they have a voice (at least) by their representatives, and in a man- 
ner which the majority of those who unite for the purpose of government 
agree upon — which they conceive to be clearly stated in an address to the 
people of New Hampshire — a public defence of the rights of the grants, and 
in a pamphlet entitled, a Bepublican; which accompany this. 8 



l New Hampshire Grants, Vol. I, No. 40, p. 277, in the Archives of the 
State Department, Washington. This memorial was addressed to the 
committee of Congress which had been appointed in June 1779 to visit 
Vermont; as was also the letter of Joseph Marsh, which is appended 
to it. As this committee had returned to Philadelphia before the con- 
vention met at Lebanon, these papers were of course addressed to the 
committee at Philadelphia, and were thus brought to the knowledge of 
Congress. At the same session of Congress, in August 1779, a memo- 
rial of a Convention of the towns of Hartford, Norwich, Sharon, Royal- 
ton, Fairlee. Newbury and Barnet was presented, dated March 1779. It 
was again presented by Peter Olcott in Feb. 1780, and will be found in 
Appendix G. These documents, so far as the editor can ascertain, have 
never been printed. 

2 The document first named is a pamphlet of sixteen small pages, en- 
titled as follows: " An Address of the Inhabitants of the Towns of 
Plainfield, Lebanon, Enfield, (alias Relhan,) Canaan, Cardigan, Hanover,, 
Lime, Orford, Haverhill, Bath, and Landaff, to the Inhabitants of the 
several Towns in the Colony of New Hampshire. Norwich: (Conn.) 
Printed by John Trumbull, m,dcc,lxxvi." It was signed by Neiie- 
miah Esterbrook, Chairman, and Bezaxeel Woodward, Clerk; and 



Memorial of Lebanon Convention, July 17T9. 171 

Those pamphlets, the people apprehend, clearly evince that the only- 
band which held the grants connected with New York & New Hamp- 
shire was dissolved by the declaration of Independence of the United 
States. In order to a more full understanding whereof it will be neces- 
sary to attend to various and peculiar circumstances the Grants have 
been under in the different stages since they were first granted. And 
1 st - No one will deny that the fee of the tract of land now called the 
New Hampshire grants, before it was chartered appertained to the 
crown of Great Britain as the law of the land then stood and that it 
never had been vested in any subject whatever. That in the course of 
the last war and soon after the close of it, without an express annexation 
of it to the jurisdiction of any particular government, the governor of 
New Hampshire by express direction or (at least) concurrance of the 
crown, alloted the said grants on both sides of Connecticut river into 
townships and granted charters of them in the name of the King to such 
persons as were willing to undertake the settlement of them, by which 
charters the grantees not only became entitled to the lands as granted 
but were also erected into bodies corporate, with certain immunities and 
privileges. 

The grantees by receiving a title to their lands and such ample incor- 
porations from the governor of New Hampshire, conceived they had 
good reason to expect to be subject to that government, & no other, as 
they viewed that act of the King to be of the nature and complexion of 
an engagement on his part that he would not remove them to another 
government & in confidence and expectation thereof large numbers of 
the grantees removed their families and substance on to those lands and 
underwent infinite hardships, toils and fatigues to put them under culti- 
vation. 

was dated Hanover, July 31, A. D. 1776. To it was appended a notice 
for an adjourned meeting at College Hall, Hanover, on the second 
Thursday of October following; at which meeting possibly the next doc- 
ument referred to in the text was adopted. The pamphlet, of which the 
title is given above, complains that the former government of the colony 
was absolute; that the desire of the people in 1776 was to adopt a repub- 
lican government; but that the convention which formed the council and 
assembly then in existence had defeated this purpose, by apportioning 
representation according to population, thus depriving many towns of 
representation at all, and many others so in effect — and, further, by 
" confining the electors in their choice of a representative to persons of 
£200 estate and so on, in that manner, as they of their sovereign pleas- 
ure thought fit to dictate." The case is forcibly presented and ably ar- 
gued. The three documents referred to were doubtless of the same 
character and for the same purpose; and, though unsuccessful in New 
Hampshire, it is apparent they were influential in Vermont. — See first 
Constitution of Vermont, chap, n, section sixteen. Jeremy Belknap 
stated that the N. H. Convention of Nov. 14 1775 required every elector 
to possess real estate of twenty pounds value; every candidate for elec- 
tion of three hundred pounds; and fixed the number of representatives 
at 89, of which Cheshire and Grafton counties (western New Hamp- 
shire,) had only 21. — See Belknap's History of New Hampshire, Vol. n, 
p. 305-309. 



172 Appendix B. 

2. Through the influence of vigorous exertions on the part of New 
York and default on the part of New Hampshire a decree was obtained 
in 1764 from the King in council (without the grantees of the lands ever 
being notified in the matter) whereby the grants were divided by a line 
at the western bank of Connecticut river and those west of the river sub- 
jected to the government of New York, while those east of the river 
were continued under the government of New Hampshire. The people 
on the grants were surprised and confounded at being thu« divided and 
especially those west of the river who found themselves thereby annexed 
to a government very disagreeable to them — the settlement of the lands 
thereby retarded and the whole thrown under the greatest possible dis- 
advantage as to taking measures for a redress of those grievances. Some 
part of them however combined for the purpose of obtaining redress 
and were at the expense to send agents to Great Britain to endeavor it; 
which joined with the exertions of the governor of New Hampshire and 
humble petitions of the people from other parts of the grants had brought 
the matter again under consideration; and the inhabitants with reason 
solaced themselves in the prospect of being again re-annexed to New 
Hampshire, & thereby have the whole of the grants united: But the 
attention of the King at that time being more closely engaged in abso- 
lute dominion over his American subjects than in a redress of their 
grievances the matter was delayed till the commencement of the pres- 
ent war. 

The governor of New York in the mean time had threatened the in- 
habitants who had been thus unjustly subjected, that unless they would 
resign up the grants which they had obtained from the governor of New- 
Hampshire and receive patents of their lands from him, he would grant 
them to other persons, which he actually did in sundry instances - by 
means of which and other artifices many of the grantees were prevailed 
on to suffer their charter to be deposited in the hands of the council of 
New York. This being the case those who were able and willing to pay 
the exorbitant demand of two thousand three hundred dollars & suffer 
an enhancement of their quitrents, obtained grants or promises of char- 
ter from that governor — while others opposed the New York measures 
bpforce of arms, for which their leaders suffered an outlawry. The gov- 
ernor of New York being at length prohibited making re-grants— those 
who had been so submissive as to trust him with their New Hampshire 
charters (except the few above mentioned) could neither recover them 
nor obtain new grants. 

The most of the inhabitants west of the river did notwithstanding 
submit to the government of New York and those east of the river con- 
tinued under the government of New Hampshire until the declaration 
of independence of the United States. 

By that declaration the people conceived themselves freed from that 
unrighteous act in 1764 which they have ever viewed as being of the 
same nature as those measures of Great Britain, on account of which the 
United States disowned subjection thereto, with this difference only that 
the former had respect to a certain district of the American colonies 
only, while some of the latter had respect to the whole. They have con- 
ceived that a division of them by a line at the river which was viewed 
by disinterested judges as cruel, arbitrary and unjust and which has 
ever been complained of as such by those who were immediately affected, 
ceased on the declaration of independence, as the immediate ground and 
object of that independence was to free y e inhabitants of the United 
States from the inquisitous and tyrannical measures Great Britain had 
for a number of years been concerting against us, of which this was one 
—hence the inhabitants on the two sides of the river conceive it to be 



Memorial of Lebanon Convention, July 1779. 173 

manifest that they had good right to connect themselves together when 
independence took place. 

For the foregoing and other important reasons suggested at the pro- 
ceedings of a late convention at Dresden and which accompany this, 1 the 
people on the grants west of the river have ever been very uneasy at 
being subjected to the jurisdiction of New York, and since the com- 
mencement of the war by far the greatest part of them have constantly 
determined no longer to submit to that jurisdiction. 

The foregoing representation of the circumstances of the grants we 
apprehend also clearly shows the injury done to the inhabitants east of 
the river in their being separated from those west of the river, as they 
were by that separation exposed to such measures as New Hampshire 
saw fit to impose on them. And the wide difference in sentiments in 
respect to representation between the inhabitants within the Mason- 
claim, and those on the grants, occasioned a number of towns on the 
grants as early as Decern. 1775 to remonstrate against the measures 
taken by the convention of that state — a copy of which is herewith ex- 
hibited — and no satisfactory answer being obtained thereto they in the 
next place published an address to the people of New Hampshire on the 
subject. 2 

By the declaration of independence the people [who] were aggrieved, 
supposed themselves freed from further obligations to New Hampshire 
but were notwithstanding willing to connect with them in case they 
could agree on terms — in consequence whereof proposals were made to 
unite with them, which are also inclosed with their answer which last 
was esteemed so vague and indeterminate that it gave no satisfaction of 
relief in the point of representation which had primarily occasioned 
their controversy with New Hampshire. 

The inhabitants on the grants west of the river had in the mean time 
declared independence from New York and taken measures to procure 
government among themselves, and also invited those east of the river 
(who were unwilling to connect with New Hampshire under present 
circumstances) to unite with them therein, which on consideration of the 
dissolution of their connection with New Hampshire by the declaration 
of independence, and the reunion of the grants on the the two sides of 
the river by the extinction of the decree in 1764 they agreed to accept. 

About half of the inhabitants on the grants east of the river have not- 
withstanding continued to act with New Hampshire and exerted them- 
selves to have the whole of the grants re-united to that State, to which 
opposition has been all along made by the other part of the inhabitants 
and which they are still averse to, as New Hampshire by their late plan 
of government still give evidence that their intention is to establish their 
representation according to numbers, which the people in this quarter 
of the grants are unwilling to unite upon. 

On the whole the body of the people in the northern half of the grants 
east of the river, for the reasons before mentioned conceive they are 
under no obligations to connect with New Hampshire. And the whole 

Probably the Convention alluded to by Ira Allen as having published 
a pamphlet in 1778 for the first Union. — See Vol. I, p. 405. The pamph- 
let is not in the Archives at Washington. 

2 The New Hampshire scheme of representation complained of was 
adopted Nov. 14 1775; the protest was made in Dec. 1775; and the ad- 
dress was dated July 31 1776. — See ante, p. 170, note 2 . 



174 Appendix B. 

are unwilling to be separated from the inhabitants west of the river, 

whom they view as brethren and of the same family, which endearing 

connection they think ought not to be dissolved. 

Lebanon on the New > Joseph Marsh "] » 

Hampshire Grants V Elisha Payne | 52 

July 27 th , 1779. ) Peter Olcott I | 

Jon a Chase I 

Beza Woodward J cS 

Joseph Marsh to the Committee of Congress. 

Lebanon on the New Hamps r grants ) 

July 27 th 1779. J 

Gentlemen, — When the people on the New Hampshire grants were in- 
formed of your appointment by Congress to repair to these parts to 
enquire into the reasons of the difficulties subsisting among them rela- 
tive to their not continuing citizens of the respective States to which 
they had belonged &c. it gave universal satisfaction in expectation that 
they should in that way have an opportunity of laying before Congress 
those matters of difficulty which have long subsisted between those 
states and the people on these grants ; but when they were informed that 
the committee had been on some part of the grants and were returned, 
they were much disappointed. Notwithstanding, being anxious of hav- 
ing those matters brought to a speedy issue they have met in convention 
and ordered a brief representation of their political circumstances, to- 
gether with their reasons for not submitting to the government of said 
states, to be transmitted to your Honors, which is now done by Col. 
Olcott, hoping the committee will receive them so tar at least as to inform 
themselves that those difficulties are still subsisting in these parts of 
the grants and will probably continue until the interposition of Congress 
shall bring them to an issue. 

We would beg leave earnestly to request that in case the committee 
shall not think themselves authorized to make their report on the infor- 
mation which we have exhibited & what they have otherwise obtained, 
that they will devise some way whereby y e people may be heard so that 
Congress may be fully availed of the true situation and circumstances 
of the people on the grants before any decisive decree shall be made 
thereon. We would beg leave further to inform that the people on the 
grants are so divided that unless the whole of the grants can be made an 
entire state we apprehend the only alternative left which will bring the 
dispute to a happy close will be by connecting the whole of the grants 
with New Hampshire as they were before the decree in 1764. 

And as the state of anarchy and confusion which we have for a num- 
ber of years been and still continue under, lays us under the greatest 
difficulty in performing our part as members and citizens of the Ameri- 
can States — We therefore earnestly request that those matters may be in 
some proper way and manner brought to a speedy is,sue, whereby we 
may both do & pay our part of the continental cause & dispute with 
Great Britain — At the same time humbly expecting will never suffer any 
tryal or decision of the matters of controversy whereby the people on 
the grants will be affected without providing for them an opportunity of 
being heard and defending themselves. 

I write this in behalf of the general committee in y e northern district 
of the New Hampshire grants, in compliance with directions from their 
constituents, and am with much respect gentlemen 

your honors most obedient and most humble servant, 

Joseph Marsh, Chairman. 

Hon ble Committee of Congress. 



Gov. Chittenden to Congress, Aug. 5 1779. 175 

In Congress Friday, July 2, 1779. * 
A letter of the 1 st , from Ethan Allen and Jonas Fay, was read, enclos- 
ing a paper endorsed col. Allen and Dr. Fays' appointment and instruc- 
tions, and accompanied with a book entitled "Acts and laws of the State 
of Vermont in America." 
Ordered to lie on the table. 

July 31 1779, Jonas Fay and Paul Spooner, two of the Committee 
appointed by the General Assembly on the 16th of the previous Febru- 
ary, were instructed to wait upon Congress and request copies of such 
letters and resolutions as they might deem necessary, and to transact 
any other business concerning this State. 2 They promptly discharged 
this duty, and also delivered the following letter. 



Governor Chittenden to Congress. 3 

Bennington August 5 th 1779. 

Gentlemen, — After reading a resolution of your Honorable Body of 
June last, purporting that any further consideration on the dispute sub- 
sisting between the States of New York & Vermont should be postponed 
until your Committee (appointed to examine the said dispute) should 
have made their report specially in the premisses: I cannot but take 
notice with some concern of your resolution of the 16 th of the same 
month which was sent to your Committee by Express while they were 
in this Vicinity, resolving unanimously, that " the officers acting under 
the State of N. York who were lately restrained of their liberty by cer- 
tain persons of a district called the N. Hampshire Grants ought to be 
liberated." 

This last resolve I find creates some jealousies in the minds of many 
of the inhabitants of this State on several accounts, viz. 

1 st - Because it appears to be counter to the resolution of the first of 
June aforesaid. 

2 d - Because it enters into the merits of the controversy subsisting 
previous to the report of said Committee, And 

3 d - Because it appears that the resolve was made Ex parte, and that 
the real facts on which it was founded with the many circumstances at- 
tending that matter, would not (at that time) have been particularly 
known to Congress: and that under such circumstances it appears to 
those inhabitants that the authority of this State ought not to be im- 
peached or Censured by any resolve. 

What the said officers (alias delinquents) had suffered, was for a high- 
handed breach of the peace, in rescuing several Cattle taken by legal 
authority for the payment of fines imposed on certain persons who re- 
fused to do any proportion in guarding the frontiers of this State from 
the invasions of the British, Savages, &c. and the said officers were lib- 
erated before the date of said resolution. 4 But as this matter necessarily 
terminates with the grand controversy subsisting between the two con- 
tending Governments, I shall omit making any particular remarks (by 

1 Journal of Congress, Folwell's edition, 1779-80, Vol. v, p. 209. 

2 See Vol. i, p. 307-'9. 

3 New Hampshire Grants, Vol. I, No. 40, p. 246, in Archives of the 
State Department, "Washington. Now first printed in full. 

4 See Vol. i, pp. 298-300, 518-525. 



176 Appendix B. 

way of defense) in the premises, until Congress shall appoint a future 
time when N. York and Vermont may be heard on the subject at large; 
at which time I shall respectfully present to you, a vindication of the 
conduct of this State, from its early conflict with N, York down to the 
present .iEra; and a representation of the many good consequences 
which have already accrued to these independent States, by their assum- 
ing Government. In the mean time I renew the application of Mess r - 
Allen & Fay (Agents for this State) to your hon ble Body, of the first of 
July ultimo, for a union with the free, Sovereign and independant States 
of America, and in behalf of the people over whom I preside, [offer] to 
pay a just proportion of the expence of the present War with G. Britain 
when thereto legally requested. 

It is evident the inhabitants of this State are in alliance with the 
States of America already; that they have fought, bled, and a great num- 
ber of them suffered by being driven, by the enemy, from their posses- 
sions, with the loss of their most valuable effects, while many of their 
patriotic fellow citizens have nobly fallen in the Glorious Conflict: Wit- 
ness the memorable Battle fought at this place on the 16 th day of August 
1777, the taking a number of British and delivering about one hundred 
American prisoners at the landing near Ticonderoga (soon after the Bat- 
tle aforesaid) by a detachment composed principally of Col. Herrick's 
Begiment of Rangers raised within this State, with other Green Moun- 
tain Boys, (commanded by Col - John Brown,) and the many other im- 
portant services rendered in the common cause by your friends in this 
State; for which nothing can make an adequate compensation but their 
being admitted to a union with the other independant States of America. 

Congress will doubtless bear in mind that this important controversy 
subsisted many years before the late revolution took place, that it was 
not occasioned in consequence of it, and consequently that it does not 
equally affect Congress to settle it as tho' their own measures had given 
rise and existence to it; so that Governor Clintons extraordinary and 
repeated importunities to you, to come to any determination of the mat- 
ter exparte, and his hints of co-ercive measures in case of procrastina- 
tion in the affair, are the more reprehensible. I find by a Copy of his 
letter of the 29 th of May last to Congress, that he should defer taking 
any decisive measures, except issuing the necessary order to the Militia 
of this State, 1 and notwithstanding I am far from countenancing a meas- 
ure so disagreeable in its nature, while I am sensible that the assistence 
of every power (which has and continues to operate for the happiness of 
these independent States) ought to be exerted wholly for their defense 
and security — Yet the free-born Citizens of this State can never so far 
degrade the dignity of humane nature, or relinquish any part of that glo- 
rious Spirit of patriotism which has hitherto distinguished them in every 
conflict with the unrelentiug and long-continued Tyranny of Designing 
men, as tamely to submit to his Mandates or even to be intimidated by 
a challenge from him. There is a large number of able bodied effective 
men in the lower halfshire of the County of Cumberland, some of whom 
are persons of very considerable property, that have been averse to tak- 
ing up arms in defense of these States, who take the advantage of the 
dispute between N". York & Vermont to screen themselves from service, 
and by their living in the more interior part of the State are necessarily 
protected by the exertions of their neighbors; the Militia officers who 
pretend to act under N. York have been repeatedly applied to to furnish 
a quota to assist in defending the frontier in any way themselves might 

1 See Vol. i, pp. 519, 520. 



Vermont Agents to Congress. 177 

choose, and have as often refused; I heartily wish that some method 
may be adopted, by Congress, to rouse them to their duty. 

Jewish you every happiness and am gentlemen with the highest senti- 
ments of esteem, Your Honors most obedient and very Humble servant, 

Tho s - Chittenden. 

The Hon ble Congress etc. 



Jonas Fay and Paul Spooner to Congress. 1 

Philadelphia Aug. 20 th 1779. 

Most Honoured Gentlemen, — We inclose herein to you a Copy of our 
instructions (which alludes to our appointment) to wait on you for the 
purposes therein named ; and as complaints have from time to time been 
exhibited to Congress against the conduct of our constituents, who, have 
not the favour ">f a seat in the grand council of America ; We humbly 
conceive ourselves (in our Capacity) justly entitled to copies of all such 
complaints and therefore beg that we may be furnished with those named 
in the list herewith exhibited, with any other papers we may have omit- 
ted naming (that concerns the people we represent) together with any 
resolutions that have been had thereon by Congress, since the com- 
mencement of the present war with G. liriton. 

And as we are here, at the expense of a State who furnish men, to de- 
fend not only their own, but the frontiers of Several other States, we 
pray that we may be indulged in the request with all convenient speed, 
and are in the mean time, with the highest esteem and confidence in 
your Wisdom and integrity 

Gentlemen your Honors most Obedient & very Humble Servants, 

Jonas Fay, 
Paul Spooner. 

The Hon ble the Congress &c. 



In Congress, Tuesday, August 24, 1779. 2 
A letter, of August the 5th, from Thomas Chittenden, and one of the 

20th, from Jonas Fay and Paul Spooner, with two papers enclosed, were 

read : 
On motion of Mr. M'Kean, seconded by Mr. Holten, 
Besolved, That copies of the following papers be delivered to Jonas 

Fay and Paul Spooner, as private persons, viz. 

1. Proceedings of Congress on the petition from the representatives 
of the New Hampshire Grants dated January the 17th, 1776, and read 
the 8th of May following : 3 

2. Report on Joseph Woodward's letter, dated the 17th of January, 
1776, and read the 30th of May following : 4 

1 New Hampshire Grants, Vol. I, No. 40, p. 253, in the Archives of the 
State Department, Washington. 

a Journals of Congress, Folwell's edition, 1779-80 Vol. v, p. 245. 

•See Vol. I, pp. 16-21. 

* Joseph Woodward was chairman of the Convention of Jan. 1776 at 
Dorset. For resolutions reported by the committee of Congress, see 
Vol. i, p. 20 note a . 

13 



178 Appendix B. 

3. Proceedings of Congress on the extracts of the proceedings of the 
convention of New Hampshire Grants, 24th of July and 25th of Septem- 
ber 1776: J 

4. A letter from Pierre Van Cortlandt, President of New-York, to 
Congress, dated May the 27th, 1777, and proceedings of Congress there- 
on : 2 

5. Governor Clinton's letter of May [July] the 8th, 1778, and read 
the 18th of September following, and the resolution thereon : 3 

6. Gov. Clinton's letters of the 27th [18th] and 28th [29th] of May, 
with three papers enclosed, and of the 7th of June, 1779, and resolves of 
Congress : 4 

7. The several papers relating to the trial of Hilkiah Trout, [Grout,] 
dated February the 18th, 1779. 6 

1 The Convention at Westminster of Jan. 15 1777 seems to have been 
omitted. This convention adopted "the Declaration and Petition to 
Congress ;" and the proceedings of Congress above referred to are the 
resolutions of June 30 1777, dismissing the petition of Vermont. — See 
Vol. i, pp. 48, 396. 

2 See Slade's State Papers, p. 77. This letter hastened the resolutions 
of Congress of June 30, 1777, referred to in the preceding note. This 
letter and the Vermont petition were referred to a committee of the 
whole, June 23 1777, and both were disposed of by the resolutions 
adopted a week later. 

8 In this letter, Gov. Clinton complained, among other things, of the 
draft of every fourth man in Vermont to recruit Warner's regiment. — 
See Eastern Vermont, p. 324. 

4 See Vol. i, pp. 518-522. 

5 Major Hilkiah Grout, of Weathersfield, was born in Lunenburgh, 
Mass., July 23 1728. He came to Vermont previous to June 27 1755, 
as on that day he, with several others, was captured by Indians at Bridg- 
man's Fort in Vernon. In 1758 or 9, being released, he returned to 
Cumberland County. He adhered to New York, and was employed in 
various offices under that state, having been appointed captaii: of the 
Weathersfield company, in the upper regiment for Cumberland county, 
in 1775, and first major of the regiment in 1776 ; delegate for Weathers- 
field in the County Congress, or Committee of Safety, in 1777 ; assistant 
of inferior court of common pleas in 1778 ; and justice of the peace, 
commissioner to administer oaths of office, and justice of the court of 
oyer and terminer in 1782. On the 17th of Feb. 1779, he went to Shrews- 
bury, in the exercise of .his office as a New York magistrate, and took 
sundry affidavits, for which he was seized and tried by a court-martial, 
Feb. 18, consisting of several officers of Warner's regiment, the decision 
being that the charge was not supported. To this trial the above vote 
of Congress doubtless referred. Grout was afterward tried, convicted, 
and fined by a Vermont civil court. He represented Weathersfield in 
the Vermont Legislature of 1785. — See Eastern Vermont; Deming's Cat- 
alogue ; and Slade's State Papers, p. 552. 



Instructions to New York Agents. 179 

In Congress, Wednesday, September 8, 1779. 1 
The delegates for the state of New- York laicl before Congress certain 
instructions which they have received from their constituents, accompa- 
nied with sundry papers, which were read; also a petition of the com- 
mittees of Cumberland county to Congress was read, praying their 
speedy interposition in settling the disturbances upon the New-Hamp- 
shire Grants, accompanied with sundry papers: 2 

Ordered, That the same be referred to a committee of five: 
The members chosen, Mr. M e Kean, Mr. Paca, Mr. Holten, Mr. Hunt- 
ington and Mr. Smith. 



Instructions of the New York Legislature to its delegates in Congress 

relative to the disorders prevailing in the north eastern parts of the state 

of New York. 3 

Kingston, August 27, 1779. 

Gents. — We anxiously expected that, by an effectual Interposition of 
Congress, our deluded Fellow Citizens in the North Eastern Parts of the 
State would before our present meeting have peaceably returned to their 
duty, and prevented the necessity of coercive Measures to compel a sub- 
mission to the authority of Legal Government. This we were the more 
readily induced to hope as we conceive the Terms we have offered to 
them to be not only perfectly just and equitable but even generous; 
these pacific Overtures have been disregarded, Violence and Outrage are 
daily committed upon, and the Severest punishment threatened against 
(the latter of which will appear from the inclosed Copy of an Act of the 
Legislature of the pretended State of Vermont 4 ) our good subjects in 
Brattleborough and other well affected Towns, who now claim from us 
that Protection which we have Solemnly promised to them and which 
consistent with justice we can no longer withhold. 

While on the one hand we view with a degree of Horror the dreadful 
consequences of having Recourse to Force, not only to this State, and 
especially to the unhappy People who will be its immediate Object, but 
also to the common cause of America — yet on the other we are persuaded 
our Successful efforts, to expel a foreign Tyranny will avail us little 
while we remain Subject to the domestic Usurpation; earnestly wishing 
however by every attempt to Peace, to prevent the evils of a Civil War, 
we must direct you to entreat once more the mediation of Congress. 

A Quorum of the Committee, appointed by the Resolution of the first 
of June last, having never met, 5 and as we have not been informed that 

1 Journals of Congress, Folwell's edition, 1779-80, Vol. v, p. 257. 

2 Petition dated July 23 1779. See Doc. Hist, of New York, Vol. 4, pp. 
590-593. 

8 From the Documentary History of New York, Vol. 4, pp. 594-596. 

4 The act here referred to was that of June 1779, entitled " An act to 
prevent persons from exercising authority, unless lawfully authorized by 
this State;" which, of course, prohibited all exercise of authority under 
New York in Vermont.— See Slade's State Papers, p. 389. 

6 Messrs. Root and Ellsworth, of the committee of Congress, reached 
Bennington on the 26th of June, a few hours after Messrs. Atlee and 
Witherspoon had left. John Sessions, and an associate from Cumber- 
land county, followed Messrs. A. and W. to Albany and endeavored, but 



180 Appendix]!!. 

Congress have since proceeded in the business, we presume it is remain- 
ing before them in the same State it was prior to that day. Upon this 
suposition we shall take the Liberty of suggesting several matters for 
their consideration and proposing certain measures, not only just and 
satisfactory in themselves, but such as we believe will be effectual in re- 
storing the Peace of the State. 

It is to be observed that all the Lands in that District of Country, 
which has attempted a Separation from this State under the name of 
Vermont, is 1 st either unpatented and unoccupied or 2 dl y unpatented and 
actually occupied or 3 dl ^ Patented by New Hampshire or Massachusetts 
Bay and not afterward patented by New York or 4 thl y Patented by New 
York prior to any patent under New Hampshire or Massachusetts Bay 
or 5 Patented by New Hampshire or Massachusetts Bay and afterwards 
patented by New York. 

With respect to the first Case the Lands must remain for the future 
Disposition of Government. With respect to the second we have en- 
gaged to confirm to the Occupants their respective Possessions together 
with as much vacant adjoining Land as to form convenient Farms not 
exceeding three hundred acres each. 

With respect to the third we have engaged to confirm the Patents un- 
der New Hampshire or Massachusetts Bay as fully as if they had been 
made under New York without taking any advantage of a non perform- 
ance of Condition. 

With respect to the fourth and fifth Cases we have engaged besides 
confirming such Possessions as were made under New Hampshire or 
Massachusetts Bay prior to any Patent for the same Lands under New 
York to submit the Determination of the Right of Soil to Commis rs - to 
be appointed by Congress who are to determine agreeable to Equity and 
Justice without adhering to the strict Rules of Law Provided neverthe- 
less that the actual Occupants under New York shall be confirmed in 
their respective Possessions. 

It is further to be observed that every part of the above District was 
indisputably included within the Jurisdiction either of New York or 
New Hampshire or Massachusetts' Bay and that the Right of Jurisdic- 
tion as Congress themselves have declared was not altered by these Com- 
munities respectively becoming Independent States. 

Having made these observations we would premise further that in 
order to remove every objection, fully to evince the Uprightness of our 
Intentions and our earnest desire for an accommodation, We are willing 
that if Congress should deem the above mode of determining the Right 
of Soil between interfering Claimants under New Hampshire or Massa- 
chusetts Bay on the one and under New York on the other part ineligi- 
ble, we will consent that it shall be determined either immediately by 
Congress themselves or in such other manner as they shall think proper. 
We will also concede that on all Questions relative to such Right of Soil 
this State shall not vote in Congress, that Congress shall guaranty to 
the Inhabitants on the Grants the Performance of these Terms and that 
no Proceeding of Congress requiring or recommending it to the Inhabi- 
tants to submit to the Authority of this State shall be construed to injure 
any Right of Jurisdiction which the States of New Hampshire or Massa- 
chusetts Bay may respectively have to the above Territory or any part 
thereof. . 

in vain, to persuade them to return to Bennington. — Micah Townshend 
to Gov. Clinton, July 5, 1779, in Ms. Clinton Papers, N. Y. State Li- 
brary, No. 2428. 



Instructions to New York Agents. 181 

This last Proposal does not arise from an apprehension that probably 
these States will claim the jurisdiction of any of the Grants lying West 
of Connecticut River but is mentioned solely with a view that nothing 
would remain which can possibly have even the appearance of a Diffi- 
culty. We will at all Times chearfully submit the Right of Jurisdiction 
to the desision of Congress agreeable to the 9 th Article of Confederation. 

These Terms and Proposals We conceive must satisfy every Claim 
either upon our Justice or Generosity and we trust they will appear to 
Congress, to whom we instruct and authorize you immediately to com- 
municate them, to pledge the public Faith of this State for the Perform- 
ance of them, and thereupon to sollicit the immediate Interferance of 
Congress recommending to such of the Inhabitants of the Grants who 
at the Commencement of the present War were within the Jurisdiction 
of New York again to submit to the Government & Authority of this 
State, with a Proviso (should the same be deemed necessary) that such 
Interference shall not be construed to injure a Right of Jurisdiction ex- 
isting in any other of the United States. 1 

We presume it will be needless at this time particularly to recapitu- 
late all the Reasons which induced this State to apply to Congress for a 
Declaration of their Sence of the Conduct of our revolted fellow subjects, 
as they are fully contained in the numberless Papers which we have 
from time to time transmitted to Congress. Respecting this matter let 
it suffice to mention as a principal Inducem* that the Revolters asserted 
and their adherents believed that their attempts to a separation from this 
State were agreeable to and favored by Congress or some Members of 
Weight and Influence. 

Every Delay on the Part of Congress explicitly to disavow and disap- 
prove of is construed by these People as countenancing and has a mani- 
fest tho' we do not say a designed Tendency to establish and confirm the 
secession. Their Pretended Legislature has already confiscated and are 
now disposing of the Estates of Persons who have joined the Enemy 
and probably will soon proceed to grant the unappropriated Lands. By 
these means' they raise moneys for the Support of their Government and 
obtain a great and dayly accession of Strength not only by an additional 
number of Settlers but every other Purchaser will be interested to main- 
tain an authority upon which iheir Title depends. 2 These Proceedings 

1 For the formal propositions of Gov. Clinton to the inhabitants of 
Vermont, in his Proclamations of February and October 1778, and the 
Vermont view of the same, see Ethan Allen's Vindication, in Vol. I, 
Appendix I. 

2 It is obvious that Vermont might have retorted, that the most active 
enemies to the independence of the State were the men to whom New 
York had granted Vermont lands. In seeking to strengthen her cause 
by enlisting the interest and influence of citizens of other states, as land- 
holders in her own, Vermont opposed them to New Yorkers who had 
been interested in like manner against Vermont. In March 1781, Gen. 
Alexander McDougall, a delegate of New York in Congress, advised 
Gov. Clinton to adopt the same course, using " vacant lands in the Grants" 
as the material in part to be used in purchasing the influence of New 
England officers for New York, and tempering " the leveling principles " 
of the yeomanry of New England. At that time Gov. Clinton was hope- 
ful of an early decision of Congress favorable to New York, but recon- 



182 Appendix B. 

also will increase the Confusion and render the Restoration of Peace at 
a future day more difficult. As they bear no Share in the present pub- 
lic Burthen, that part of the Country is become an Asylum for all Per- 
sons who wish to avoid Military Duty or the Payments of Taxes, and 
Numbers are daily emigrating thither influenced merely by this Motive. 
They will also attempt to enforce their cruel Edict and oblige the Inhab- 
itants of Brattleborough and the other Towns who have remained in 
Allegiance to this State to submit to their usurpation. These Inhabit- 
ants will resist and the Justice, Peace and Safety of the State demand 
that we should and we are resolved to assist and protect them. In short, 
for we cannot enter into particulars, Matters are bro't to a Crisis, and 
we must in this session determine with Decision upon the important 
Question of protecting our faithful Subjects and supporting the rightful 
Jurisdiction of the State. What the Consequences will be, we forbear 
to mention. They may easily be imagined and Congress can prevent 
them. 

One principal Design of our Present Meeting was to deliberate upon 
this momentous Subject. We shall notwithstanding suspend all further 
proceedures and continue sitting till we are favored with the Sentiments 
of Congress which you will transmit to us by the messenger who con- 
veys this and whom you will detain for that purpose. 

Should we however be disappointed and Congress decline to interpose 
by an express Recommendation as above proposed, we do in such Case 
direct Mr. Jay, to whom we have in a special manner committed this 
Business, immediately to withdraw and attend us at, this Place. 1 

Gents,— With this you will receive a Letter in the uature of Instruc- 
tions which you will observe is wrote upon a Presumption that no Pro- 
ceedings relative to the Vermont Business have been had in Congress 
since the appointment of the Committee on the 1st of June last. Should 
subsequent measures however have been adopted by Congress which 
you may conceive equally effectual and beneficial to the State with those 
we have instructed you to propose, you are in such Case at Liberty to 
suspend the Communication of these Instructions till our further Direc- 
tion and immediately inform us of the measures by a special messenger. 
We are with due Respect, Gentlemen, 

your most obedient Servants. 

By order of the Senare. ) rc . , ... , . , u ., 

By order of the Assembly. \ [Signatures omitted in the copy.] 

In Congress, Friday, September 17, 1779. 
The committee to whom was referred the petition of the committees 
of Cumberland county, together with instructions from the senate and 

ciled to almost any decision — even to the extension of Vermont to the 
Mason line in New Hampshire — rather than have the controversy pro- 
longed; else, even at that late day, he might not have declined the ad- 
vice given by his friend. In his reply to the genernl, the governor did 
not allude to the subject. — Clinton Papers, in N. Y. State Library, Nos. 
357o and 3016. For an extract from Gen. McDougall's letter, aud Gov. 
Clinton's in full, see Appendix G., post. 

'Mr. Jay was chief justice of New York, and could not serve that 
state in Congress except on a special emergency. The controversy with 
Vermont was treated as such an emergency, and he was sent to Con- 
gress " in a special manner " on that subject. 



Resolutions of Congress. 183 

assembly of the state of New- York to their delegates in Congress, and 
other papers accompanying the same, brought in a report. 1 



In Congress, Friday, September 24, 1779. 

Congress took into consideration resolutions reported from the com- 
mittee of the whole, which were agreed to as follows: 2 

1. Whereas, on the first day of June last, Congress, by a certain res- 
olution reciting "that whereas divers applications had been made to 
Congress on the part of the state of New- York, and of the state of New- 
Hampshire, relative to disturbances and animosities among inhabitants 
of a certain district known by the name of the New Hampshire Grants," 
praying their interference for quieting thereof, did resolve, " that a com- 
mittee be appointed to repair to the New-Hampshire Grants, and enquire 
into the reasons why they refuse to continue citizens of the respective 
states which heretofore exercised jurisdiction over the said district ; for 
that, as Congress are in duty bound, on the one hand, to preserve invio- 
late the rights of the several states, so, on the other, they will always be 
careful to provide that the justice due to the states does not interfere 
with the justice which may be due to individuals ; that the said commit- 
tee confer with the said inhabitants, and that they take every prudent 
measure to promote an amicable settlement of all differences, and pre- 
vent divisions and animosities so prejudicial to the United States :" and 
did further resolve, u that the farther consideration of this subject be 
postponed until the said committee shall have made report." 

2. And whereas it so happened that a majority of the committee ap- 
pointed in pursuance of the aforementioned resolution, did not meet in 
the said district, and therefore have never executed the business com- 
mitted to them or made a regular report thereupon to Congress : 

Ordered, That the said committee be discharged. 

3. And whereas the animosities aforesaid have lately proceeded so 
far, and risen so high as to endanger the internal peace of the United 
States, which renders it indispensably necessary for Congress, to inter- 
pose for the restoration of quiet and good order: 

4. And whereas one of the great objects of the union of the United 
States of America is the mutual protection and security of their respect- 
ive rights : 

5. And whereas it is of the last importance to the said union, that all 
causes of jealousy and discontent between the said states should be re- 
moved ; and therefore that their several boundaries and jurisdictions be 
ascertained and settled : 

6. And whereas disputes at present subsist between the states of N. 
Hampshire, Massachusetts-Bay and N. York, on the one part, and the 
people of a district of country called N. Hampshire Grants, on the other, 
which people deny the jurisdiction of each of the said states over the 
said district, and each of the said states claim the said district against 
each other as well as against the said people, as appertaining in the 
whole or in part to them respectively: 

1 Journals of Congress, Fol well's edition, 1779-1780, Vol. v, p. 273. 

2 The resolutions are copied from the journals of Congress, but the 
preambles and resolutions are divided and numbered from the copy in 
the Documentary History of New York, to correspond with Mr. Jay's 
explanatory letter to Gov. Clinton, which follows the resolutions as 
amended Oct. 2 1779. 



184 Appendix B. 

7. Besolved unanimously, That it be, and hereby is most earnestly 
recommended to the states of New-Hampshire, Massachusetts-Bay and 
New- York, forthwith to pass laws, expressly authorizing Congress to 
hear and determine all differences between them relative to their respec- 
tive boundaries, in the mode prescribed by the articles of confederation, 
so that Congress may proceed thereon by the first day of February next 
at the farthest : 

8. And further, that the said states of New-Hampshire, Massachu- 
setts-Bay and New York, do, by express laws for the purpose, refer to 
the decision of Congress, all differences or disputes relative to jurisdic- 
tion, which they may respectively have with the people of the district 
aforesaid, so that Congress may proceed thereon on the first day of Feb- 
ruary next. 

9. [And also to authorize Congress to proceed to hear and determine 
all disputes subsisting between the grantees of the several states afore- 
said, with one another or with either of the said states, respecting title 
to lands lying in the said district, to be heard and determined in the 
mode prescribed for such cases by the articles of confederation afore- 
said :]' and further, to provide that no advantage be taken of the non- 
performance of the conditions of any of the grants of the said lands, but 
that further reasonable time be allowed for fulfilling such conditions: 

10. Besolved unanimously, That Congress will, and hereby do, pledge 
their faith to carry into execution and support their decisions and deter- 
minations in the premises, in favour of whichsoever of the parties the 
same may be, to the end, that permanent concord and harmony may be 
established between them, and all eause of uneasiness removed. 

11. Besolved unanimously, That Congress will, on the said first day 
of February next, proceed, without delay, to hear and examine into the 
disputes and differences relative 10 jurisdiction aforesaid, between the 
said three states respectively, or such of them as shall pass the laws be- 
fore-mentioned on the one part, and the people of the district aforesaid 
who claim to be a separate jurisdiction on the other ; and, after a full 
and fair hearing, will decide and determine the same according to equity; 
and that neither of the said states shall vote on any question relative to 
the decision thereof. And Congress do hereby pledge their faith to exe- 
cute and support their decisions and determinations in the premises. 

And whereas it is essential to the interest of the whole confederacy, 
that all intestine dissentions be carefully avoided, and domestic peace 
and good order maintained : 

12. Resolved unanimously, That it is the duty of the people of the dis- 
trict aforesaid, who deny the jurisdiction of all the aforenamed slates, to ab- 
stain in the mean time from exercising any power over any of the inhabit- 
ants 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 west side of Connecticut river, be considered as in- 
cluded within the said district, but such as have heretofore actually 
joined in denying the jurisdiction of either of the said states, and have as- 
sumed a separate jurisdiction which they call the state of Vermont. 
And further, that in the opinion of Congress, the said states afore-named 
ought, in the mean time, to suspend executing their laws over any of 
the inhabitants of the said district, except such of them as shall profess 
allegiance to, and confess the jurisdiction of, the same respectively. 
And lurther, that Congress will consider any violences committed against 
the tenor, true intent and meaning of this resolution as a breach of the 
peace of the confederacy, which they are determined to keep and main- 
repealed Oct. 2 1779 and another clause substituted. — See next page. 



Resolutions of Congress. 185 

tain. And to the end, that all such violences and breaches of the public 
peace may be the better avoided in the said district, it is hereby recom- 
mended to all the inhabitants thereof, to cultivate harmony and concord 
among themselves, to forbear vexing each other at law or otherwise, and 
to give as little occasion as possible to the interposition of magistral es. 

i3. Resolved unanimously. That in the opinion of Congress, no unap- 
propriated lands or estates which are or may be adjudged forfeited or 
confiscated, lying in the said district, ought, until the final decision of 
Congress in the premises, to be granted or sold. 

Ordered, That copies of the aforegoing resolutions be 'sent by express 
to the states of New- York, New-Hampshire and Massachusetts-Bay, and 
to the people of the district aforesaid, and that they be respectively de- 
sired to lose no time in appointing their agent or agents and otherwise 
preparing for the hearings aforesaid. 

The aforesaid resolutions being read over, and a question taken to 
agree to the whole, 

Resolved, unanimously in the affirmative. l 



In Congress, Saturday, October 2, 1779. 2 

On motion of Mr. Gerry, seconded by Mr. Peabody, Congress came to 
the following resolution: 

Whereas in the first resolution of Congress of the 24th of September 
last, relative to a district of country called "N*»w Hampshire Grants," is 
the following clause, viz. [Here follows that part of clause 9 on page 
preceding which is enclosed in brackets:] and whereas no provision is 
made in the said articles of confederation for hearing and determining 
disputes between any State and the grantees of any other State: 

Resolved unanimously, That the clause above recited be repealed. 

Resolved unanimously, That it be, and hereby is recommended to the 
states of N. Hampshire, Massachusetts-Bay and N. York, to authorize 
Congress to proceed to hear and determine all disputes subsisting 
between the grantees of the several states aforesaid, with one another, 
or with either of the said states, respecting title to lands lying in the 
said district, to be heard and determined by ''commissioners or judges," 
to be appointed in the mode prescribed by" the 9th article of the confed- 
eration aforesaid. 

Ordered, That a copy of the preceding resolves be transmitted to the 
states of N. Hampshire, Massachusetts Bay and N. York, and also to 
the inhabitants of the New-Hampshire Grants. 



Letter of John Jay, President of Congress and Delegate for New York, 
to Gov. Clinton of New York— explanatory of the foregoing resolutions 
of Congress. 3 

Dear Sir, — Whether the resolutions of Congress of the 24th inst., 
providing for the settlement of all disputes between New- York and her 
neighbours, as well as revolted citizens, will please my constituents as 
much as they do me is uncertain. Nor am I convinced of the prudence of 
committing to paper all the reasons which induce me to think them (all 

1 Journals of Congress, FolwelFs edition. 1779-80, Vol. v, pp. 276-278 ; 
Documentary History of New York, Vol. 4, pp. 596-598. 

2 Journals of Congress, Fol well's edition, 1779-80, Vol. v, p. 283. 
8 The Life and Writings of John Jay, Vol. I, pp. 88-94. 



186 Appendix B. 

circumstances considered) perfectly right. Some of them, however, I 
shall communicate. My first object on coming here was to prevail upon 
Congress to interpose though in the smallest degree ; well knowing, that 
if they once interfered ever so little, they might with more ease be led 
to a further and more effectual interposition. 

Soon after my arrival, I found the following objections to an interfer- 
ence with Vermont generally prevailing. 

1st. That Congress, being instituted for the sole purpose of opposing 
the tyranny of Britain, and afterward of establishing our independence, 
had no authority to interfere in the particular quarrels of any State. 
Hence all their former resolutions on the subject were merely negative. 
2d. Tbat the confederation had not yet taken place, and that the busi- 
ness should be postponed till all the States had acceded ; an event then 
daily expected. 3d. That it was an improper season to interfere, and 
that the attention of Congress ought not to be diverted from the general 
objects of the war. 4th. That harsh measures against Vermont might 
induce them to join the enemy and increase their force. 5th. That 
they possessed a strong country, were numerous, warlike, and deter- 
mined ; and that more force would be required to reduce them, than 
could be spared from the general defence. 

These were some of the ostensible objections. Besides which I had 
reason to suspect the following private ones. 1st. That divers persons 
of some consequence in Congress and New-England expected to advance 
their fortunes by lands in Vermont. 2d. That Vermont, acquiring 
strength by time, would become actually independent, and afterward 
acknowledged to be so. 3d. That being settled by New-England people, 
and raised into consequence by New-England politics, it would be a fifth 
New-England State, and become a valuable accession of strength both 
in and out of Congress. 4th. That ancient animosities between New- 
York and New-England naturally inclining the former to side with the 
Middle and Southern States, the less formidable she was the better, and 
therefore the loss or separation of that territory was rather to be wished 
for than opposed. These and many other considerations of the like 
nature induced me to postpone bringing on the mafter till I could have 
an opportunity of preparing the way for it by acquiring a knowledge of 
the characters then in Congress, &c. 

It is also proper to observe that the House was for the greater part of 
the winter so heated by divisions on points of great general importance, 
that it would have been improper and improvident to have called upon 
them to decide on this delicate business till more temperate calmness 
had taken place. When these began to appear the subject was intro- 
duced, and you have had a copy of the resolutions proposed by New 
York on that occasion. 1 Against them, all objections before mentioned 
operated, with this additional one, that it would be highly unjust and 

1 The reference here doubtless is to several resolutions proposed by 
the New York delegation May 22 1779, which were not adopted. They 
declared that the several states in the confederacy are entitled to the 
territory they held while colonies of Great Britain; that no state should 
be divested, unless by judgment of Congress in favor of some other state 
in the union, as prescribed by the articles of confederation; and that no 
part or district shall be permitted to separate from a state except by 
consent of that state. Other resolutions were similar to what had been 
adopted previously, or were adopted afterward. See Journals of Congress, 
Folwell's edition, 1779-80, Vol. v, p. 164. 



John Jay to Gov. Clinton. 187 

impolitic to determine against Vermont without previous inquiry into 
the merits of their claims, and giving them an opportunity of being 
heard. This objection, so far as it respected their claim to indepen- 
dence, was absurd though plausible; but it was not to be overcome, and 
though we might have carried a resolution against it by a slender 
majority, that majority would have consisted of southern members 
against a violent opposition from New-England and their adherents. A 
resolution carried under such circumstances would rather have encour- 
aged than disheartened Vermont, and was, therefore, ineligible. 

Hence I conceived it to be expedient to promote the measure of ap- 
pointing a committee of inquiry ; knowing that if Congress proceeded 
to inquire, it would be a ground for pressing them to go further and de- 
termine ; especially as I was apprized that the result of these inquiries 
would be in our favour. 

The committee, you know, never had a formal meeting ; 1 it neverthe- 
less had its use. The individual reports of the members who composed 
it advanced our cause ; and even Mr. Witherspoon, who was and is sus- 
pected by New- York, made representations in our favour. 

Your last resolutions 2 were of infinite service, by evincing the moder- 
ation, justice, and liberality, and at the same time the spirit of the State. 
On the other hand, the law of Vermont for whipping, cropping, and 
branding your magistrates made an impression greatly to their disadvan- 
tage. 3 Before these emotions should have time to subside, as well in 
observance of our instructions, I pressed Congress from day to day to 
adopt such measures as the public exigencies called for, and thereby pre- 
vent the flames of civil war from raging. It would not, I believe, have 
been difficult to have obtained what some among you would call very 
spirited and pointed resolutions, but which, in my opinion, would have 
been very imprudent ones ; because, among other reasons, they would 
not have been unanimous. You will find the recitals and particular 
resolutions numbered in the margin of the copy herewith enclosed, from 
1 to 13. I shall trouble you with a few explanatory remarks on each of 
them, under heads numbered in like manner. 

1st and 2d. These recitals were inserted to show the reason why Con- 
gress now proceed without the report of the committee, after having 
resolved to postpone the further consideration of the subject till their 
report should be made. 4 

3d. This recital justifies the facts set forth in your representations, 
and in case an appeal to the public should become necessary, may be 
used with advantage to New- York. 

4th. This recital destroys the doctrine that the Union (independent 
of the articles of confederation) had no other object than security against 
foreign invasions. 

5th. This recital is calculated to impress the people with an opinion 
of the reasonableness and policy of the requisition or recommendation 
which follows, and therefore will the more readily induce those States to 
adopt the measures recommended to them. 

6th. You may inquire for what reason I consented to this recital, as 
it puts Massachusetts and New-Hampshire on a footing with New-York; 
whereas I well knew that New-York alone had a right to claim jurisdic- 
tion over Vermont. My reasons were these: Vermont extends over 

'The committee appointed to visit Vermont in June 1779. 

2 The resolutions of instruction of Aug. 27 1779, ante, pp. 179-182. 

3 The temporary act of June 1779.— See Slade's Stale Papers, p. 389. 

4 Such was the resolution of June 1 1779.— See Vol. I, p. 521. 



188 Appendix B. 

Connecticut River into the acknowledged jurisdiction of New-Hamp- 
shire: 1 as to Massachusetts, the recital admits only her claims, not her 
title; and it is as impossible to deny the existence of claims when made, 
as it is to prevent them. Their delegates pointedly asserted and insisted 
on the claim of Massachusetts; and it appeared to me expedient to pro- 
vide for a speedy determination of all claims against us, however ill 
founded. You may further ask, Why Vermont is made a party ? the 
reason is this: that by being allowed a hearing, the candour and modera- 
tion of Congress may be rescued from aspersions; and that those peo- 
ple, after having been fully heard, may have nothing to say or complain 
of, in case the decision of Congress be against them; of which I have no 
doubt. 

7th. It is true, that by this resolution the merits of former settle- 
ments with these States will be again the subject of inquiry, discussion, 
and decision; and therefore it may at first sight appear improper; but 
these settlements will still remain strong evidence of our rights, how- 
ever objectionable they may be represented to be by those States. Nor 
will Congress be easily prevailed upon to annul them, because in that 
case all their boundaries would be afloat. Besides, in my opinion, it is 
much better for New-York to gain a permanent peace with their neigh- 
bours by submitting to these inconveniences, than by an impolitic adher- 
ence to strict rights, and a rigid observance of the dictates of dignity 
and pride, remain exposed to perpetual dissensions and encroachment. 
Peace and established boundaries, under our circumstances, are, I think, 
almost inestimable. 

8th. The reason of this is assigned in the last sentence under the 6th 
head. 

9th. For the same purpose of preserving the appearance of equality 
in claims, whatever difference there may be in titles, the three States are 
mentioned in this recommendation. The object of it is a settlement of all 
disputes respecting interfering grants, in case Vermont should be abol- 
ished, and that district in part, or in the whole, adjudged to either of the 
three States. 

10th. I am sure you will admit my prudence in giving your voice for 
this resolution. 

11th. As it was not absolutely certain that New-Hampshire and Mas- 
sachusetts would pass the laws in question, and as I was sure that New 
York would, it appeared to me highly expedient to provide, by this res- 
olution, that the dispute between New-York and Vermont should be 
determined, whether the other two States came in or no: and, lest the 
former guarantee contained in the 10th resolution might be construed to 
be contingent, and to depend on the event of all the three States adopting 
the measures recommended to them, it is here repeated. You will ob- 
serve that neither of the three States are to vote on the decision. 

12th. On the plan of hearing Vermont, this resolution, however 
inconvenient, became indispensable. Care, however, has been taken in 
it to exempt all persons from their jurisdiction who profess allegiance to 

1 An error, the first union with the New Hampshire towns having been 
dissolved in the previous February, and the second union having been 
effected subsequently. It was true, however, that some towns in New 
Hampshire were claiming the right to unite with Vermont, which pur- 
pose was favored by a few towns in Eastern Vermont. This was a dis- 
tinct party at that time, represented at Congress by its own Agent, Gen. 
Peter Olcott; while " Vermont " was represented by Agents offi- 
cially appointed by it— Jonas Fay and Paul Spooner. 



Action of Vermont. 189 

either of the three States. But you will say, Why to the three States ? 
Why not to New- York only; from whom they revolted, and under whose 
actual jurisdiction they last were ? Because it would have clashed with 
the equality of claims before mentioned, and the least opposition to 
which would have prevented these resolutions from being unanimous; a 
circumstance, in my opinion, infinitely more valuable than the preserva- 
tion of useless etiquette. And, further, because the district is here so 
described as to extend over the river and affect New-Hampshire. 1 In a 
word, the necessity of the resolution was so obvious that there was no 
avoiding it. These inconveniences will be temporary, and, if the prin- 
ciples laid down in it are observed, will not be very great; especially as 
Congress have determined a violation of it to be a breach of the peace 
of the confederacy, and have declared their resolution to maintain it. 

13th. This resolution needs no comment, the policy and justice of it 
being extremely evident. Anxious to avoid a moment's delay in send- 
ing you these resolutions, I have not time by this opportunity of adding 
any thing further than that upon this occasion I have acted according to 
the best of my judgment, after having maturely considered and well 
weighed the force and tendency of every consideration and circumstance 
affecting the business in question. When I first received my special 
commission, I did not apprehend that this matter was in a more partic- 
ular manner confided to me than to my colleagues, though some of them 
considered it in that light. The commission vested me with no further 
power than what any other of your delegates possessed ; nor was any 
matter given more particularly in charge to me than to the others by 
the Legislature. Their late instructions, however, speak a different 
language. I am satisfied to be viewed in that light, that is, to be the re- 
sponsible man ; and, provided the measures I adopt are not thwarted, I 
am confident that I shall be able to bring all these matters to a happy 
conclusion. I hope, however, that this will not be considered as a hint 
for my being continued in the delegation ; I assure you, nothing but an 
adherence to the resolutions and principles of action 1 adopted and pro- 
fessed at the commencement of the war would induce me to remain here 
at the expense of health as well as property ; for though I shall always 
be ready to serve my country when called upon, I shall always be happy 
to find it consistent with my duty to remain a private citizen. 

I am, sir, your most obedient servant, John Jay. 



Action of Vermont on the Resolutions of Congress of 
Sept. 24 1779. 

As Mr. Jay was satisfied to stand as " the responsible man " for the 
resolutions of Congress of the 24th of September 1779, it is reasonable 
to infer that he shaped them. Certain it is, that they were skillfully 
adapted to bind Congress to a decision in favor of New York, and that 
result was confidently expected by Mr. Jay. The States of Massachu- 
setts and New Hampshire were nominally admitted as parties with New 
York, adverse to Vermont; but Vermont, as a State, was studiously 
ignored, and so far, the question of her independence was decided against 
her in advance. " The people of a district of country called New Hamp- 
shire Grants " were cited to appear by their agents, but not as guests to 

1 See preceding note to the sixth clause. 



190 Appendix B. 

a feast, but rather as a sacrificial offering for the occasion, the only ques- 
tion being whether New York should have the whole of Vermont, or 
whether it should be divided between New York, New Hampshire, and 
Massachusetts. It is very clear that Mr. Jay relied upon the adjudica- 
tions of the questions of jurisdiction by Great Britain as they stood at the 
declaration of American Independence — that is, adverse to both New 
Hampshire and Massachusetts, and in favor of New York; and that he 
counted upon the states in Congress to affirm the jurisdiction of New 
York, because, otherwise, " all their boundaries would be afloat." It is 
to be noted, that in case of a decision adverse to Vermont, Congress 
was bound to execute and support it with all the power of the confede- 
racy. Were Vermont to consent to a trial on the issue as made up for 
her, she would have to submit to New York, or rebel against the confed- 
eracy. Were she to refuse to appear at all, Congress would be bound to 
decide the question in the succeeding February, if New York alone in- 
sisted, although Massachusetts and New Hampshire should not appear. 
So the danger of collision between Vermont and the confederacy was 
imminent, and the patriotism of the Vermonters tempted them to sub- 
mission. "The influence of Congress at that time," [October 1779,]. 
said Ira Allen, " was great, being considered as the pillar of liberty; 
and their advice was deemed a law; the friends of New York exulted, 
and doubled their exertions against Vermont. When the Assembly 
convened, nine tenths were for suspending the sale of confiscated prop- 
erty, and the granting of lands till after the 1st of February, the time 
assigned by Congress to examine into the disputes and differences;" 
and Allen went on to say, that after spending fourteen days in delibera- 
tion, the Governor and Council and General Assembly unanimously re- 
solved " to grant the whole of their unlocated lands, and sell their con- 
fiscated estates." 1 But they did more; and first of all, they resolved to 
put the State before Congress on Vermont's chosen issue, and not on 
New York's — " to support their right to independence, at Con- 
gress, and to the world, in the character of a free and independent 
State." Gov. Chittenden, in his speech at the opening of the October 
session of the General Asssmbly in 1779, recommended the suspension 
of the laws intended to have been executed on offenders against Ver- 
mont in Cumberland county, " in consequence of a letter received from 
his Excellency John Jay, Esquire, President of Congress, inclosing cer- 
tain acts passed by that honorable board, [the resolutions of Sept. 24 
1779,] relating to a final settlement of all difference subsisting between 
this and the adjacent States, which 1 now submit to you for your consid- 
eration; a subject of the greatest importance, and demands your most 
serious attention." 2 The record in the journal of the General Assembly 
is as follows: 



1 Allen's History of Vermont, in Vt Hist. Soc. Collections, Vol. I, p. 405. 

2 See speech, ante, p. 5. 



Action of Vermont. 191 

Saturday, October 16 th 1779. 
Resolved that a Committee of four be appointed to join a Committee 
from the Council to form the outlines of the plan to be persued by this 
State for defence against the neighbouring States in consequence of the 
late acts of Congress for that purpose. Committee chosen Gen 1 - E. 
Allen, M r [Reuben] Jones, M r - N. [Nathan] Clark, and M r Fassett, 
[John, jr., of Arlington. 1 ] 



Tuesday October 19 th 1779. 
Resolved that this Assembly join with the Governor and' Council in a 
Committee of the whole to-morrow morning to take into consideration 
several acts of the honorable the Congress of the 24 th Sept r - last relating 
to a settlement of all disputes between the States of New Hampshire, 
Massachusetts Bay and New York on the one part and the State of Ver- 
mont on the other. 



"Wednesday October 20 th 1779. 

The Assembly with the Council according to their Resolution of yes- 
terday resolved into a Committee of the whole to take into consideration 
several acts of the hon ble the Congress of the 24 th Sepf. last relating to a 
settlement of all disputes between the States of New Hampshire, 
Massachusetts Bay and New York on the one part and the State of 
Vermont on the other, &c. 

The Committee of the whole being dissolved the Speaker resumed the 
chair and the House proceeded to business. 



Thursday October 21 1779. 

The Committee of the whole brought in the following report viz'- 

"Agreeable to the order of the day his excellency the Governor, the 
u Council and House of Representatives were resolved into a Committee 
"of the whole, to take into consideration the letter of the 25 ult. from 
"his excellency John Jay Esq r - late president of the Congress of the 
" United States of America, 2 enclosing certain acts of Congress, for an 
" equitable settlement of all differances subsisting between the States of 
"New Hampshire, Massachusetts Bay and New York on one part, and 
"this State on the other, and after some time spent thereon the Governor 
"resumed the chair, and the following Resolutions being read several 
" times were agreed to viz*- 

" Resolved unanimously, that it is the opinion of this Committee that 
"this State ought to support their right to indepeudance, at Congress, 
" and to the World, in the character of a free and independent State. 

" Resolved that this Committee recommend it to the General Assembly, 
"to make Grants of all, or any part of the unappropriated lands within 
"their Jurisdiction, that does not interfere with any former Grants, as 
" their wisdom may direct. Extract from the Minutes, 

" Joseph Fay, Clerk." 

x The Governor and Council passed a similar resolution on the 15th, 
appointing Jonas Fay, Ira Allen, and Paul Spooner as committee on the 
part of the Council. 

2 Sept. 27 1779, Mr. Jay was appointed minister plenipotentiary to 
Spain, and he then resigned the chair and his seat in Congress. 



192 Appendix B. 

On motion made, Eesolved unanimously by this Assembly that they 
agree to the aforesaid Report. 

Resolved that this Assembly in granting lands will have reference to 
the convenience, quality and situation of the lands, and that they will 
not take into consideration any petition for lands until a plan thereof be 
laid before this House by the Surveyor General, or such plan or plans as 
have been previous to their being laid before the Assembly been properly 
approved by the Surveyor General and duly certified. 

On the same day Ethan Allen was chosen an agent of the state to 
wait on the Council and General Court of Massachusetts; 1 and Ira 
Allen was chosen an agent to visit the states of New Jersey, Pennsyl- 
vania, Delaware, and Maryland, and instructed to furnish the assem- 
blies of those states with copies of Ethan Allen's " Vindication." 2 



Friday October 22 d - 1779. 

Resolved, that five persons be chosen by ballot, Agents in behalf of 
the freemen of this State, to appear at the Congress ot the United States 
of America, on the first day of February next; and that they, or any 
three of them, are hereby fully authorised and empowered by the 
Representatives of the Freemen aforesaid, to vindicate Lheir right to 
independance at that honourable Board. 

And, furthermore, our said Agents, or any three of them, are hereby 
amply empowered to agree upon, and fully to settle Articles of Union 
and Confederation in behalf of this State, with the United States, which 
shall be binding on us, on our constituents and our successors. And our 
said Agents are hereby further empowered, to transact all other political 
affairs of this State at Congress, as a free and independant State, and 
report their proceedings herein to this Assembly as soon as may be. 

Agents chosen, General Ethan Allen, the honorable Jonas Fay and 
Paul Spooner Esquires, Stephen R. Bradley Esq r - and the honorable 
Moses Robinson Esq r - 



Saturday October 23 d - 1779. 
Resolved, that the Surveyor General be and he is hereby directed to 
advertise in the public papers for all Charters of lands that have been 
granted by either of the States of the Massachusetts-Bay, New-Hamp- 
shire or New- York to be recorded in his office at the expence of this 
State. 

x See Appendix C. 2 See Appendix F. 



APPENDIX O. 



THE CLAIM OF MASSACHUSETTS TO PAKT OF THE TER- 
RITORY OF VERMONT. 

The first knowledge the Vermont authorities had, that Massachusetts 
had entered in Congress a claim to part of her territory, was in October 
1779, about a month later than the resolutions of Congress of Sept. 24 
1779, wherein it was " most earnestly recommended to the states of New 
Hampshire, Massachusetts-Bay, and New-York, forthwith to pass laws, 
expressly authorizing Congress to hear and determine all differences be- 
tween them relative to their respective boundaries," &c. This claim was 
at the time a surprise to Vermont, and it was promptly met by a direct 
appeal to Massichusetts from Gov. Chittenden, which was borne by 
Ethan Allen, who had been appointed by the General Assembly to ne- 
gotiate on the subject. It was also met and argued in Bradley's 
" Appeal" 1 and Ethan Allen and Jonas Fay's "Concise Refutation" 2 to 
which the reader is referred. 1 That the intervention of Massachusetts 
was friendly to Vermont in its design is now well understood, and is in 
fact shown by the record. 

Appointment of Ethan Allen as Agent to the Council and General 
Court of Massachusetts. 

In General Assembly, Oct. 21, 1779. 
Resolved, that an Agent be chosen to wait on the honorable the Coun- 
cil, and General Court, of the State of Massachusetts- Bay, to negotiate 
the public business of this State. 

Chose for the above purpose, by ballot, Brigadier General Ethan 
Allen. Extract from the Journals, 

Attest, Roswell Hopkins, Clerk. 

Sent up for Concurrence. 

In Council, Manchester, October 22, 1779. 
Read and Concurred. Joseph Fay, Secretary* 

1 See Appendix B. 2 See Appendix E. 

8 Ethan Allen Manuscript Papers, p. 286. These were Allen's creden- 
tials. The resolution is in the Assembly journal, but the concurrence 
was not noted in the Council journal. 
14 



194 Appendix C. 



Gov. Chittenden to Samuel Adams, President of the Council of Massa- 
chusetts. 

Manchester, October 28th, 1779. 

/Sir, — I am directed by my Council and the General Assembly of this 
state, now sitting, to signify to your honor, that his Excellency John 
Jay, Esq. the late President of the Congress of the United States, has, 
by express, communicated a letter to me, bearing date the 25th ult. en- 
closing certain acts of Congress, for an equitable settlement of all differ- 
ences subsisting between the state of Massachusetts-Bay, New-Hamp- 
shire and New- York, on the one part, and this state, on the other; by 
which I obtained the first intelligence of a claim being set up and con- 
tinued, by Massachusetts state, over any part of this. 

The General Assembly have been pleased to appoint the bearer, Brig. 
Gen. Allen, to wait on your honorable Council and General Court, to 
learn over what part of this state you mean to extend your claim, and 
how far you mean to carry such pretensions into execution, in the trial 
at Congress, on the first day of February next, agreeable to the acts of 
Congress, with which, I am informed, you are served with a copy. 
Every necessary step shall be invariably pursued, on my part, to bring 
about an equitable accommodation of all differences aforesaid, agreeable 
to the strict rules of justice and equity; which cannot be attended to, in 
my opinion, without an explicit acknowledgment of the independence 
of this state; for 

First. Can any, even the least, reason be given for this state's being 
put under the jurisdiction of New-York, contrary to their will ? Have 
not the inhabitants of Vermont suffered an infinity of evils, by New 
York's pretending to exercise jurisdiction over them, when neglected by 
every friendly power on the continent, even the authority which gave 
them being not excepted ? 

Second. Have not Vermont, for many years before the late revolution 
took place between Great-Britain and America, been forced to the last 
alternative, the absolute necessity of having recourse to arms, to defend 
their interest, purchased at the dearest rate ; and of exhibiting that same 
spirit of patriotism, which has, so far, brought America out of a state of 
threatened slavery, into the fruition of freedom and liberty ? 

Third. Does not that same spirit of freedom now exist among the 
free citizens of Vermont, which is absolutely necessary to be continued, 
by the United States of America, in order to carry into execution the 
declaration of Congress, on the 4th of July, 1776 ? Surely it does. 

Fourth. Can such a people be draged, or flattered, into a subjection 
to any one of the United States, or be divided to two or more of them, 
merely to allow them a stretch of jurisdiction, and thereby augment 
their power V Surely they cannot. 

If you will please to lay this before your honorable Council and Gen- 
eral Court, and write me your answer, by the bearer, the favor shall be 
ever gratefully acknowledged by, 

Sir, your honor's most obedient humble servant, 

Thomas Chittenden. 

The honorable the President of the Council of Massachusetts State. 1 

1 This letter was not entered in the record of the Governor and Coun- 
cil. It is inserted here literally as it was printed in Slade's State Papers, 
pp. 114-115. 



The Claim of Massachusetts. 195 

Samuel Adams to Thomas Chittenden. 1 

Sir,— Your letter dated Manchester, the 28th of October, [1779,] and 

directed to the President of the Council of tins State, has been laid 

before the General Assembly, according to your request, and duly 

considered. Two questions of importance are therein proposed, viz. 

l Life and Public Services of Samuel Adams, by William V. Wells, 
Vol. in, pp. 144-147. The author introduced the letter as follows: 

The correspondence of Mr. Adams makes occasional reference to the 
claims of New York, Massachusetts and New Hampshire to the territory 
of Vermont, which in 1777 had declared itself an independent State, and 
in the following year elected Thomas Chittenden Governor. As the 
Green Mountain Boys were determined to support their right, and the 
growing importance of the dispute had given the common enemy 
encouragement to open negotiations with Vermont, Congress, in well- 
grounded alarm, had essayed to effect an arrangement between the 
several claimants to the lands in question. A civil war seemed at one 
time to be impending. Mr. Adams, it was thought, had, from the first, 
been favorable to the independence of Vermont, and in 1776 was 
reported to have advised Colonel Warner to that effect.* Massachusetts 
was now anxious that the new State should be formed, but refused to 
come into the proposed Congressional conference on the subject, fearing 
some ulterior designs of New York and New Hampshire on the disputed 
territory. 

Governor Chittenden, a man of great ability, and universally respected 
in Vermont, addressed a letter to Samuel Adams, desiring to have the 
position of Massachusetts defined on the subject of her particular claim 
to any portion of Vermont. The following draft of a reply is in the 
handwriting of Mr. Adams. [Here follows the letter given above.] 
The letter, continued Mr. Wells, is without date, but was written not 
long after that of Chittenden, of which the original is missing. It is a 
plain exponent of the position of Massachusetts in this interesting 
question, and a fair instance of the direct, comprehensive, and yet 
perfectly simple style of Samuel Adams's writings on all subjects. The 
letter of Chittenden was evidently penned with a careful observance of 
state formality; addressing Mr. Adams as President of the Senate, with 
the expectation that, in returning the courtesy, he would unguardedly 
acknowledge him as Governor of the State of Vermont. The habitual 
caution of Adams is shown in the reply, which recognizes Mr. Chitten- 
den only as a private citizen. * * * * The matter was repeatedly 
before Congress, and in August of this year [1781] that body offered to 
recognize the independence of Vermont, and admit her into the Union 
upon the indispensable condition that she would relinquish her encroach- 
ment upon the lands of New Hampshire and New York, several 
townships from both of which States had been absorbed. New York 

* I had lately some free conversation with an eminent gentleman [Dr. Franklin] whom you well 
know, and whom your 'Portia,' in one of her letters, admired for his expressive silence about a 

confederation; a matter which our much valued friend, Colonel W , [Col. Seth Warner,] Is 

very solicitous to have completed. We agreed that it must soon be brought on, and that If all the 
Colonies could not come Into it, it had better be done by those of tliem that inclined to it. I told 
him that I would endeavor to unite the New England Colonies in confederating, if none of the rest 
would join in it. He approved of It, and said if I succeeded, he would cast his lot among us. — 
Samuel Adams to John Adams, Jau. 1770, quoted in Wells's Life and Services of Samuel Adams, Vol. 
II, p. 358. 

The friendship of Samuel Adams to Vermont is evident, also, from the following: 
'Tis reported Colonel Warner has said he was advised to petition Congress to have the Hamp- 
shire grants set off in a new State, by Mr. Adams, one of the delegates [in Congress.l The people 
are much divided,- some for a new State, some for joining Hampshire, others Massachusetts, 
many for remaining under New York. I endeavored to dissuade them from persisting in such Idle 
and delusive schemes.— John Taylor to Pierre Van Cortlandt, dated Albauy, Nov. 3, 1776, lu Force's 
American Archives, Fifth Series, Vol. HI, pp. 503-4. 



196 Appendix O. 

" Over what part of this State (by which we suppose is to be understood 
Yermont) we mean to extend our claim ? " and " How far we mean to 
carry such pretensions into execution, in the trial at Congress on the 
first day of February next." 

This State hath an ancient and just claim to all the territory referred 
to in your letter lying between the rivers Connecticut and Hudson, 
bounded as follows: viz. easterly by Connecticut River; westerly by the 
eastern line of New York; northerly by the northern boundary of 
Massachusetts Bay; and southerly by the northern limits of the Massa- 
chusetts jurisdiction as it was settled by the King of Great Britain in 
the year 1739. 

This we take to be a full answer to your first question, according to its 
true intent, because we suppose a part of the district of Country which 
has ^een commonly called the New Hampshire grants, and is contained 
within the bounds above described, is a part of that territory which you 
call the State of Yermont. Over this tract of country we mean to ex- 
tend our claim, notwithstanding the decision of the King of Great Brit- 
ain aforesaid in favor of the Province of New Hampshire, in 1739, which 
we have ever considered to be unjust. 1 And as the General Assembly 
hath no authority to divest the State of any of its constitutional rights, 
we mean to continue, assert, and maintain the said claim, before any 
body competent to try and determine the same, against the protestations 
of any people whomsoever. 

However necessary you, Sir, may judge it that an explicit acknowl- 
edgment of the independence of the State of Yermont should be made, 
in order to bring about an equitable accommodation of the difficulties 
subsisting between the States mentioned in your letter, this State cannot 
come into such an acknowledgment consistently with its connection with 
the United States of America and the engagements it has solemnly en- 
tered into with them. We have, therefore, reason to expect that such 
formality of state in this address to you as would be correspondent with 

protested against this, but the Massachusetts delegation in Congress, 
doubtless by instruction, voted in the affirmative. The desire of 
Massachusetts, in asserting its claim, probably was to secure the 
independence of Yermont, and prevent its partition between New York 
and New Hampshire. After the resolution of Congress, New York 
determined to prosecute her claim, proposed to assert it by force, and 
marched troops for the purpose, and New Hampshire threatened a 
similar course. A timely letter from Washington to Chittenden 
induced the Legislature of Yermont to establish the western bank of 
the Connecticut River on the one part, and a line drawn from the 
northwest corner of Massachusetts northward to Lake Champlain on 
the other, as the eastern and western boundaries of the State, relin- 
quishing all claim of jurisdiction without those limits; and the impending 
danger of a civil war was thus averted. 

1 By this rejection of the king's decision in 1739, the claim of Massa- 
chusetts was extended far west of the limits of Yermont, to wit, in the 
words of Hiland Hall: "from the well known southern boundary of 
that state to a line of latitude running through a point three miles north 
of the source of the Merrimac river, and reached for that width west to 
the Pacific ocean, thus including southern Yermont and central and 
western New York, as well as a vast territory across the continent to 
the west." — Early History, p. 301. 



The Claim of Massachusetts. 197 

that which is adopted in your letter will be candidly dispensed with at 
this time. 
In the name and by the order of the General Assembly, 
I am with due respect, Sir, 

Your most obedient and very humble servant, 

Samuel Adams. 
Thomas Chittenden, Esq., at Manchester. 



Oct. 27 1777, Charles Phelps, of Marlborough, Vt, presented a memo- 
rial to the Council of Massachusetts " in behalf of the sacred rights " of 
that state to fifty townships in the southern part of Vermont, asserting 
title by virtue of a purchase, by the state, of the lands from the Indians, 
and that the territory so purchased had been divided into townships in 
the days of Gov. Belcher, but that the papers had been destroyed in the 
burning of the provincial court-house in Boston, in December 1747. Mr. 
Phelps proposed to support this claim by the then only surviving wit- 
ness, Col. Israel Williams of Hatfield. The Council resolved to take the 
deposition of Col. W., and in 1779 the General Court declared that the 
State of Massachusetts had " a clear and indisputable right " to the south- 
ern part of Vermont; but when, in the year 1780, the subject was 
brought before Congress, the General Court decided that the claim was 
an " infringement on the rights of Vermont," and refused to prosecute 
it further. 1 The records of the General Court of Massachusetts for 1779 
show, that Mr. Phelps was still urging the claim of that state, and that a 
committee, consisting of James Bowdoin, Samuel Adams, and John 
Lowell, was appointed to examine into the matter. 2 The declaration of 
1779, referred to by B. H. Hall, was probably the result of this exam- 
ination. Gov. Chittenden asserted, however, in his letter to the Presi- 
dent of Congress, dated July 25th 1780, that Massachusetts had " not, as 
a legislative body, laid any claim to the territory of Vermont; nor have 
they enacted laws judicially authorizing Congress to take cognizance 
thereof." The last statement was certainly true; but it is evident, from 
the resolutions of Congress of Sept. 24 1779, that in some form — Hiland 
Hall says u officially " 8 — the claim of Massachusetts had been pre- 
sented. 

In September 1780 Congress proceeded to hear the claims of New 
Hampshire and New York, and on the 27th of that month postponed fur- 
ther consideration. Contemporaneously with this action of Congress 
the legislature of Massachusetts instructed the delegates of that state in 
Congress to move and use their influence for a postponement of the 
question " till time and circumstances will admit of a full and ample dis- 
cussion, and that Congress in the mean time take proper steps to pre- 

1 B. H. Hall's Eastern Vermont, pp. 306, 307. 

Resolution of the General Court of Massachusetts, Dec. 28 1779. 

8 Early History, p. 301. 



198 Appendix C* 

vent any grants of the aforesaid lands [in Vermont] being made by any 
person or persons." l 



Gov. Chittenden to Gov. John Hancock of Massachusetts. 

State of Vermont. 7 

In Council, Arlington, 12th December, 1780. J 

Sir, — Enclosed I transmit your Excellency a copy of my letter to Con- 
gress of 25th of July last, which, together with this, I request may be 
laid before the Legislature of the State over whom you preside, for their 
perusal and consideration. 

The arguments and representations therein exhibited are equally ap- 
plicab le for the consideration of the several Legislatures of the United 
States separately. 

Many and great are the evils which Vermont labors under: Congress 
claiming a jurisdiction over them; three of the United States claiming 
their territory in whole or in part, and Vermont at the same time a/ron- 
tier in part to those very States, and exposed to British invasion "from 
Canada, who being possessed of the Lake can suddenly bring their whole 
force into this State, which, beyond hesitation, will be their object next 
campaign, unless some immediate measures be adopted to prevent it, as 
they have already destroyed the frontier settlements of the state of New 
York. 2 In a word, their force will undoubtedly be so great that it will 
be out of the power of the State to form magazines and to support a body 
of troops sufficient to withstand them, and the consequence must inevi- 
tably be, either that the people of this State be sacrificed; or, 2dly, be 
obliged to retire into the interior parts of the United States for safety; 
or 3dly, be under the disagreeable necessity of making the best terms 
with the British that may be in their power. Nearly the same would be 
the condition of either of the United States separately considered from 
their Union (as they would be unable to withstand the British power,) 
which may abundantly serve to evince that it is out of the power of Ver- 
mont to be further serviceable to them, unless they are admitted into 
Union. 8 

1 Resolution of Sept. 29 1780. 2 In October 1780. 

8 Agents were appointed by the Governor and Council, Nov. 1 1780, 
" to treat with Major Carleton," of the British force in Canada under 
General Haldimand, " for the purpose of settling a cartel for the ex- 
change of prisoners." This was done pursuant to a resolution of the 
General Assembly of the previous day. Out of this grew the so called 
Haldimand Correspondence; but at the date of the above letter to Gov. 
Hancock, nothing had been done, the truce with Maj. Carleton for the 
time then being excepted. The letter of Chittenden to Congress, July 
25 1780, to Gen. Washington of Jan. 5 1781, and his letters in Decem- 
ber 1780 to the Governors of Massachusetts, Connecticut, and Rhode 
Island, all gave timely notice that Vermont might be forced, for the pro- 
tection of her people, to make terms of some sort with the British; and 
the preservation of Vermont in that emergency was due to the diplom- 
acy alone of Gov. Chittenden, Ira Allen, and their associates. No aid 
was given in that crisis to Vermont by either Congress or any of the 
neighboring states, while her own continental regiment of Green Moun- 
tain Boys, under Warner, was serving in New York. 



1 he Claim of Massachusetts. 199 

This State are of opinion that it is high time she had better assurances 
from the several States now in Union, whether, at the conclusion of the 
present War, she may without molestation enjoy her Independence, or 
whether she is only struggling in a Bloody War to establish neighboring 
States in their Independence to overthrow or swallow up her own ana 
deprive her citizens of their landed estates. I do, therefore, in behalf 
of this State, demand your Legislature that they relinquish their preten- 
sions of a claim to jurisdiction over any and every part of this State, and 
request them to join in a solid Union with Vermont against the British 
forces which invade the American States. Such a Union for the mutual 
advantage of both States, I am ready to ratify and confirm on the part 
of this State. I have the honor to be, Sir, your Excellency's 

most obedient and most humble servant, 

Thos. Chittenden. 
A true copy. Attest, Thos. Tolman, P. T. Sec?- 

His Excellency Governor Hancock. 1 



Resolution of the General Court of Massachusetts, March 8 1781, in 
response to the letter of Gov. Chittenden. 

This Court having maturely and deliberately considered the same, feel 
themselves disposed to comply with the request of said Inhabitants, and 
to concede that the said territory and the Inhabitants within the same 
should be a sovereign independent State, in such way and manner and 
upon such terms as shall be agreed upon and established by the Congress 
of the United States of America: 

Therefore Resolved that in case the territory called Yermont be recog- 
nized by Congress as a sovereign independent State and enter into the 
Confederation with the other American States, this Commonwealth will 
and do hereby relinquish their claim of jurisdiction in and over the said ter- 
ritory and every part and parcel thereof from the North side of the town of 
Northneld on the West bank of Connecticut river in the County of 
Hampshire to the North West corner of the town of Williamstown in 
the county of Berkshire, in such manner and by such other bounds as 
shall be established by the delegates of the United States in Congress 
assembled, reserving nevertheless to each and every individual within 
and without said territory of Vermont, their full right and title to such 
lands within the same as are held and enjoyed by virtue of any right 
or grant derived from the Province, State, or Commonwealth of 
Massachusetts. 

Approved by the Governor. 

1 From the Haldimand Papers; a copy of this letter, and also one of 
like tenor to Gov. Trumbull of Connecticut, having been transmitted to 
Gen. Haldimand by Ira Allen. See Vt. Historical Soc. Collections, Vol. 
ii, pp. 84-86. 



APPENDIX D. 



VERMONT'S APPEAL to the CANDID and IMPARTIAL 
WORLD. Containing a fair STATING of the CLAIMS of 
Massachusetts-Bay, New-Hampshire, and New-York. The 
RIGHT the STATE of VERMONT has to INDEPENDENCE. 
With an ADDRESS to the Honorable American CONGRESS, 
and the Inhabitants of the Thirteen United States. By 
STEPHEN R. BRADLEY, A. M. 1 

The LOUD hath called me from the Womb, from the Bowels of my Mother hath he made men- 
tion of my Name. 

And said unto me, Thou art my Servant. OV 1 in whom I will be gh rifled. 

And I will feed tlieni that oppress thee with their own Flesh, and they shall he drunken with their 
own Blood as with sweet wine, and all Flesh shall know that I the Lokd am thy Saviour and 
thy Redeemer, the Mighty One of Jacob. Isaiah XL1X. 

HARTFORD: Printed by HUDSON & GOODWIN. 



STATE OF VERMONT, 

In Council, Arlington, 10th Dec. 1779. 

THE following Treatise, intitled, Vermont's Appeal to the Candid 
and Impartial World, containing, &c. being read and carefully pe- 
rused, is approved of; and Resolved, that the same be published to the 
World. 

By order of the Governor and Council, Joseph Fay, Sec'ry. 

1 Stephen Row Bradley, LL.D., was born in what is now Cheshire, 
[until 1780 part of Wallingford,] Conn., Feb. 20 1754. He was son of 
Moses Bradley and Mary Row, and grandson of Stephen Bradley of 
New Haven, Conn., one of several brothers who served under Oliver 
Cromwell, but came to America about the year 1650, a short time previ- 
ous to Oliver's " crowning victory " over King Charles at Worcester. 
The grandson inherited the military spirit of his English progenitor. 
Having graduated at Yale College in July 1775, he became captain of a 
company of " Cheshire Volunteers " in the continental service in Janu- 
ary 1776. In December of that year he undertook other military ser- 
vice with the rank of adjutant; and soon after was aide-de-camp to Gen. 
David Wooster, and was present when that general was slain at Danbury 
in April 1777. In 1778 he served as commissary, and in the summer of 
1779 as major at New Haven, Conn.* In the mean time he had pursued 

*So stated in B. H. Hall's biographical chapter in Eastern Vermont. Mr. Bradley's service as 
major could not have exacted much of his time, since it is evident his investigation of the Ver- 
mont question must have been made in the summer of 1779. 



Vermont's Appeal. 201 

Introduction. 

THE reader doubtless will wish to see a fair stating of the claims, of 
Massachusetts-Bay. New-Hampshire, and New- York ; before he 
enters on the important subject of the independence of Vermont. On 
the eighth day of October last past, his Excellency Governor Chittenden, 

the study of the law under Tapping Reeve, the distinguished instructor 
at Litchfield, Conn. His first appearance in Vermont was at West- 
minster, May 26 1779, when he was admitted to the bar of the superior 
court of this State, and was appointed its clerk. His attention must 
have been turned at once to the controversy of Vermont with the three 
adjoining states, since he was appointed on the 22d of Oct. as one of the 
agents to present the case to Congress, and his " Appeal " was written 
previous to the 10th of December of the same year. In February 1780 
he attended upon Congress in his capacity as Agent, but the case was 
deferred. In June 1780 he was appointed State's attorney for Cumber- 
land county; and in September he again attended Congress in behalf of 
Vermont and united with Ira Allen in making a vigorous remonstrance 
at that time against the course taken with Vermont. — See Appendix G. 
From his first settlement in the state in 1779 until he retired from the 
United States Senate in 1813 — a period of thirty-four years — Mr. Bradley 
was almost constantly employed in public service, and for about half of 
that time in offices that interfered with his professional business. He 
represented Westminster in the General Assembly in 1780, 1781, 1784, 
1785, 1788, 1790 and 1800. He was Clerk of the House in 1779, and in 
1785 its Speaker. From Dec. 1781 to March 1791 he was register of 
probate for Windham county; in 1783 a judge of the county court; and 
in 1788 a judge of the supreme court. He was one of the commissioners 
appointed in Oct. 1789 to settle the controversy with New York, and a 
delegate in the state convention of 1791 which adopted the constitution 
of the United States. On the admission of Vermont to the Union in 
1791, Mr. Bradley was elected the first U. S. Senator for the eastern side 
of the state, holding that office until March 1795. He was again and still 
again elected to the same office, holding it from March 1801 to March 1813. 
His early services to the state, in the controversy for its independence, 
were eminently useful and entitle him to lasting and grateful remem- 
brance, but he most highly honored it by his ability and reputation as a 
Senator. He received five elections as President of the Senate; the 
third office in the government highest in rank. He was President of 
the convention of Republican members of Congress, and as such, Jan. 
19, 1808, he summoned the convention of members which met and 
nominated Mr. Madison as President. He did this apparently on his 
own responsibility, and hence offence was taken by many members — 
notably by the New York delegation, only one of whom attended. 
Nevertheless the nomination thus made was confirmed by the country. 
Mr. Bradley was at that time the leading Republican Senator from New 



202 Appendix D. 

received by express from John Jay Esq; late President of Congress; a 
copy of an act of Congress of the 24th of September last, informing, 
that each of said states, claimed the state of Vermont against each other, 
as well as against the inhabitants, as appertaining in the whole or in 

England, but he was opposed to a war with Great Britain and a earnestly 
counselled Madison against it." u So dissatisfied," said B. H. Hall, — 
doubtless on the authority of the late Hon. Wm. C. Bradley— "did Mr. 
Bradley become with the national policy of this period, that, on the 4th 
of March, 1813, at the close of his congressional labors, he withdrew 
altogether from public life, determined, since he was unable to prevent 
a needless war, not to continue in any position where he would be 
subjected to the calumnies and odium of a majority from whom tie 
dissented." In two biographical notices which the writer has read, Mr. 
Bradley is described as "an erratic man." That phrase is often the 
penalty affixed for originality and independence, and in this case, 
knowing many of the admirable peculiarities of William C. Bradley 
the son, it is deemed most just to count it as a compliment to the father. 
Certain it is that Senator Bradley has been described by those who 
knew him well, as " a lawyer of distinguished abilities, and a good 
orator." " Few men have more companionable talents, a greater share 
of social cheerfulness, a more inexhaustible flow of wit, or a larger 
portion of unaffected urbanity."* A much later writer, a son-in-law of 
Mr. Bradley, said: u he was distinguished for political sagacity, a ready 
wit, boundless stores of anecdote, a large acquaintance with mankind, 
and an extensive range of historical knowledge."! 

It is evident, not only from the honors conferred upon Mr. Bradley 
by the Senate, but also from the part he took in the business and debates 
of that body, that he ranked among its active and influential members. 
The journals of the Senate show that he was placed on committees to 
which the most important and delicate questions were referred: for 
examples, — on the special message of President Jefferson, Jan. 13 1806, 
transmitting the claim of Hamet Caramelli, ex-bashaw of Tripoli, which 
involved the then late war with the ruling bashaw, and Mr. Bradley 
made the report, including a bill for Hamet's relief, and a resolution of 
thanks to Gen. William Eaton J and his American associates, for their 

* A Descriptive Sketch of the present State of Vermont, 1797, by John A. Graham, LL.D., p. 41. 
t Recollections of a Lifetime, by Hon. S. G. Goodhich, widely known as "Peter Parley." 
J Gen. William Eaton, as a citizen of Vermont for some years, deserves more than this ref- 
erence. He was born in Woodstock, Conn., Feb. 23 1764, entered the continental army at sixteen, 
and came out in 1783 with the rank of sergeant. Entering Dartmouth college, he graduated in 
1790, having spent his vacations in Vermont as a school-teacher from 1788 to 1790, and also the sub- 
sequent year. From 1791 till 1793 he was clerk of the Vermont house of representatives, but In 
1792 he obtained a commission as captain in the U. S. army, which he held until July 11 1797, when 
he was appointed consul to Tunis, where he arrived in March 1799. He concerted with Hamet 
Caramelli, the lawful chief of Tripoli, then in exile, an expedition against the usurping chief, 
which was done on the authority of the United States, whose fleet was to co-operate. In fifty days 
he crossed the Lybian desert with an army of five hundred men, and encamped before Derne, the 
capital of the richest province of Tripoli, April 26, 1805. This town contained a population of 
15,000, and was defended by a port, batteries, and a strong garrison. Eaton increased his force to 



Vermont'' 8 Appeal. 203 

part to them respectively; together with a resolution of Congress, to 

eminently brave and successful services in Harriet's behalf; on the 
confidential message of President Jefferson, Dec. 18 1807, proposing an 
embargo; and on the confidential message of President Madison, Jan. 3 
1811, suggesting that the United States take possession for the time then 
being of East Florida, and publish " a declaration that the United States 
could not see, without serious inquietude, any part of a neighboring 
territory, in which they have, in different respects, so deep and so just a 
concern, pass from the hands of Spain into those of any other foreign 
power." This was aimed against Great Britain, though the terms were 
general, and thus in fact contained the germ of the famous " Monroe 
doctrine" of 1823. The committee, by Henry Clay, its chairman, 
reported a bill and declaration accordingly. A still more important 
service was rendered by Mr. Bradley in 1803, as a member of the com- 
mittee on a proposal of amendment to the constitution as to the mode of 
electing President and Vice President, he having been the author of 
that part of the existing constitution which requires that the Vice 
President, like the President, shall be chosen by a majority of the 
electoral votes. 

Mr. Bradley resided in Westminster until 1818, when he removed to 
the neighboring village of Walpole, N. H., u where he lived in ease, 
independence and honour, until he took his willing and not painful 
departure, with the cheerful expression of a mind at peace with itself, 
with the world, and with heaven." He died on the 9th of December, 
1830. The dates of his birth and death— stated otherwise in different 
sketches— are taken, with nearly all other facts, from the biographical 
chapter by B. H. Hall in Eastern Vermont, pp. 593-601, to which, and 
to the portrait there given, the reader is referred. Mr. Hall's account 
is undoubtedly more complete and accurate than any previously pub- 
lished, he having had the assistance of the late Hon. William C. 
Bradley. 

2,500, by the addition of Arabs, and, with the co-operation of three U. S. frigates, captured the 
place in two hours. Twic*3 he was attacked by a superior force, and twice he repulsed the assail- 
ants and so completely on the 10th of June that his way was open to the gates of Tripoli, with a 
fair prospect of re-instating the rightful ruler and accomplishing the original design of the U. S. 
government. At this crisis he learned that a peace had been made by Tobias Lear, the American 
consul, which put an end to further proceedings. On his return to the United States, he was com- 
plimented by the President, and special thanks were proposed in both houses of Congress, which 
seem to have failed on disagreements as to form— as by a sword, or medal, or a simple resolution 
of thanks. The Secretary of State, however, was empowered to settle his accounts upon just and 
equitable principles. The king of Denmark, more generous if not more just, presented General 
Eaton with au elegant acknowledgment in a gold box, for rescuing captured Danes; and the State 
of Massachusetts, for like relief to her citizens in captivity, gave him a thousand acres of land. 
This grant was located in the north-eastern corner of Maine, and probably the General never de- 
rived any benefit from it personally. He was greatly disappointed that the national government 
did not better repay his services, and as a consequence fell into the habit of intemperance. Aaron 
Burr endeavored, ineffectually to enlist him in his conspiracy, and on the trial of the conspirator, 
Eaton was a witness against him. The General died at Brimfleld, Mass., June 1, 1811.— See The 
Life of General Eaton, by Charles Prentiss, published In 181 J, with a portrait; Memoir by C. C. 
Felton in Sparks's American Biography; Blake's Biographical Dictionary; and Drake's Dictionary 
of American Biography. 



204 Appendix D. 

judge and determine the cause on the first day of February next. But 
as the inhabitants of this state, view themselves intitled with the rest of 
the world, to that liberty which heaven bequeathed to Adam, and 
equally to all his posterity: we cannot think it worth our while, to show 
the absurdities, and clashing inconsistencies, of various grants made by 
the British crown, from the time of King James the first, A. D. 1606, 
down to the present ^Era. We do not expect to stand upon any derived 
power from an arbitrary king; we cannot conceive human nature fallen 
so low, as to be dependant on a crowned head for liberty to exist; we 
expect to stand justified to the world, upon that great principle of 
reason, that we were created with equal privileges in the scale of human 
beings, among which is that essential right of making our own laws, and 
chusing our own form of government; and that we, nor our fathers, 
have never given up that right to any kingdom, colony, province, or 
state, but retain it now among ourselves as sacred as our natural 
existence. 

And here the reader is desired to observe, that the claims are not for 
property only, but they claim a right to jurisdiction, a power of governing 
us as a peopie, and pretend to derive that right from the British crown: 
when the crown of Great Britain, never had any right, but the mere 
consent of the people, and of course that right died when the people 
assumed government. 

'Tis very curious to see how many shapes, Massachusetts-Bay, New- 
Hampshire, and New- York, are able to make his most sacred Majesty 
appear in; he certainly according to the vulgar notion, much exceeds 
the devil. 

While his adjudications were in their favour he had the immutibility 
of a God, but when against them, the design of a villain. 

The claims of Massachusetts-Bay and New-Hampshire, especially at 
this period of time are very extraordinary in their nature, and unac- 
countable upon any other principle, unless they think by putting in so 
many frightful claims, they scare us to surrender to some one, rather 
than to run our chance of being devoured by the whole. It is now up- 
wards of forty years, since Massachusetts-Bay and New-Hampshire came 
to a full settlement of boundaries; there had for a long time before, dis- 
putes and controversies subsisted, between them: And for settleing the 
same his Majesty was pleased, by his order in Council, dated the 22d of 
January 1735, to direct, that Commissioners should be appointed to mark 
but the dividing line, between the said provinces, and on the 9th day of 
February 1736, a commission was accordingly issued out; with liberty to 
either party who should think themselves aggrieved by the determina- 
tion of the said Commissioners, to appeal therefrom to his Majesty in 
Council, which said Commissioners did make their report, too tedious to 
insert here. The cause was appealed to his Majesty in Council, for a 
final determination, and the following is an authentic copy of what then 
[March 1740] passed. 

" And whereas appeals from the determination of the said Commis- 
" sioners, have been laid before his Majesty by the agents for the respec- 
'• tive provinces, of the Massachusetts-Bay, and New-Hampshire, which 
" said appeals have been heard before the Committee of Council for hear- 
ing appeals from the plantations, who after having considered the 
" whole matter, and heard all parties concerned therein, did report unto 
"his Majesty as their opinion, that the northern boundary of the said 
" province of the Massachusetts-Bay, are and be a similar curve line, 
" pursuing the course of Merrimack river, at three miles distance on the 
u north side thereof, beginning at the atlantic ocean, and ending at a 
" point due north of a place (in a plan returned by the said commission- 



Vermont's Appeal. 205 

"ers) called Pantucket [Patucket] falls: and a straight line drawn from 
" thence due west cross the said river, till it meets with his Majesty's 
" other governments; and that the rest of the commissioners said report, 
" or determination, be affirmed by his Majesty. Which said report of 
" the committee of council, his Majesty hath been pleased with the ad- 
" vice of his privy council to approve, and to declare, adjudge, and order, 
" that the northern boundary of the said province of the Massachusetts- 
" Bay, are, and be a similar curve line, pursuing the course of Merrimack 
"river, at three miles distance on the north side thereof, beginning at 
"the atlantic, and ending at a point due north of a place in the plan re- 
" turned by the said Commissioners, called Pantucket falls, and a straight 
"line, drawn from thence due west cross the said river, till it meets with 
"his Majesty's other governments; and to affirm the rest of the Com- 
" missioners report or determination Whereof the governor or comman- 
"der in chief of his Majesty's said provinces for the time being, as also 
" his Majesty's respective councils and assemblies thereof, and all others 
" whom it may concern are to take notice." 

This boundary line as then established by his Majesty in Council, 
Massachusetts- Bay did full} 7 acquiesce in, and hath now for above forty 
years observed it as sacred, and acted accordingly. We find in the year 
1744, William Shirley, Esq; then Governor of the province of Massachu- 
setts-Bay, complained of New-Hampshire to the Duke of New-Castle, one 
of his Majesty's principal Secretaries of State, for neglecting to take pos- 
session of, and to provide for a fort, called Fort Dummer; which had been 
built by the Massachusetts government, about twenty years before, but 
by the above recited line, fell within the limits of New-Hampshire, in 
which complaint are these words: "Not thinking ourselves obliged to 
" provide for a fort which no longer belongs to us." 

Which complaint, being laid before the king and council on the 6th 
day of Sept. 1744; his Majesty was pleased to order, that as said fort was 
within the province of New-Hampshire, they must support and maintain 
the same; "or his Majesty will find himself under the necessity of re- 
storing that fort, with a proper district contiguous thereto, to the prov- 
ince of the Massachusetts-Bay, who cannot with justice be required, to 
"maintain zfort no longer within their boundaries."' 

This Fort Dummer was several miles north of Massachusetts line, as 
then established, and west of Connecticut river. All which shews that 
Massachusetts-Bay ever since, conceived that line to be their northern 
boundary, and fully agreed to it. So late as the 3d of October 17G7, the 
commissaries [commissioners] on the part of the Massachusetts-Bay, 
among which was Thomas Hutchinson, their great historian; dont doubt 
to treat that line as sacred; they say in their proposals to New-York, to 
establish a boundary line between the two governments, in the following 
words, viz. 

" That a line being extended due north from the north corner of the 
"colony of Conecticut, until it comes to the distance of twelve miles 
" from Hudson's River, and another line being extended due west, upon 
" the north boundary of the Massachusetts province, according to the settle- 
ll, ment thereof with New- Hampshire, until such line comes to the like 
" distance, «&c." 

Which evidently proves, that there was a fair tryal before the king 
and council, and a boundary line established between Massachusetts Bay 
and New Hampshive; which has ever since been agreed too, and deemed 
as sacred on all sides above forty years, and is now the fixed line between 
the Massachusetts-Bay and Vermont. And for Massachusetts Bay to 
claim over that line a part of this state, by virtue of a right derived 
from the crown of Great-Britain, when by that, they are expressly 



206 Appendix D. 

bounded to that line; is very surprising, after their own tacit consent so 
long. They and all the world must acknowledge, that had we not 
bravely defended our rights against the state of New- York; but had 
tamely submited to that government, Massachusetts-Bay, would not at 
this time of day have laid in a claim. 

We shall trouble the reader no further with the Massachusetts claim, 
being persuaded he must see the principle on which it stands, and how 
frivolous it is in itself. 

The states of America, cannot now judge of the propriety and fitness, 
by which the crown of Great-Britain established the various lines on the 
continent. This undoubtedly should be observed as an invariable rule; 
that wherever the parties have mutually agreed for a succession of 
years, and acted according^ down to the late revolution, those lines, 
and adjudications, ought to be held as unalterable and sacred. 

The claim of New-Hampshire, stands on nearly the same principles 
as the former. Every unprejudiced mind will acknowledge, that after 
the beforementioned line was established, down to the year 1764, New- 
Hampshire had an exclusive right to all this territory. This appears 
from the betore recited adjudication, and especially in the instance of 
Fort Bummer; as well as from the various Commissions, sent the 
Governors of New-Hampshire, impowering them to sell and dispose of 
all this territory; in which period of time the inhabitants of Vermont, 
purchased all the territory they are now in actual possession of; 
excepting some small remnants; of the Governor of New-Hampshire, 
and gave a valuable consideration to the benefit of the crown. After 
this there arising a dispute respecting boundaries; the government of 
New-York, by very unfair means, obtained an adjudication in the 
following words to wit. 

"At the Court at St. James's, the 20th day of July 1764. 

" PRESENT, 

"THE KING'S MOST EXCELLENT MAJESTY, 

"Lord Steward. Earl of Hillsborough. 

"Earl of Sandwich. Mr. Vice Chamberlain. 

"Earl of Halifax. Gilbert Elliot, Esq. 

"Earl of Powis. James Oswald, Esq. 
"Earl of Har court. 

"Whereas there was, this day, read at the board, a report made by 
"the lli^ht Honorable the Lords of the Committee of Council for 
" plantation affairs, dated the 17th of this instant, upon considering a 
"representation from the Lords Commissioners for trade and planta- 
" tions, relative to the disputes that have, some years, subsisted between 
"the Provinces of New-Hampshire and New-York, concerning the 
"boundary line between those Provinces:— His Majesty, taking the 
" same into consideration, was pleased, with the advice of his privy 
" council, to approve of what is therein proposed, and doth accordingly, 
" hereby order and declare 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 be the boundary 
" line between the said two Provinces of New-Hampshire and New- 
" York. Wherefore, the respective Governors and Commanders in Chief 
" of his Majesty's said Provinces of New-Hampshire and New- York, for 
" the time being, and all others whom it may concern, are to take notice 
"of his Majesty's pleasure, hereby signified, and govern themselves 
"accordingly. * W.BLAIR." 



Vermont's Appeal. 207 

Which royal mandate, was most fully agreed too by the province of 
New-Hampshire, and they governed themselves accordingly down to the 
late revolution; and cast the people of the Grants, now the inhabitants 
of Vermont, out of their government, and refused any connection with 
them, published a proclamation, ordering the said people to conduct ac- 
cordingly, which they have done, and by their own valour, under God, 
have maintained their liberties; and now New-Hampshire in their fit of 
frenzy, are claiming us back again; like a peevish child, flings away its 
play-thing, and then roars for it. 

The governor of New-Hampshire wrote to governor Tryon, on the 
19th day of October 1771 in these words: " That he had invariably rec- 
ommended implicit obedience to the laws of New-York, and upon all 
"occasions positively disavowed any connection with those people." By 
the same reason that New- Hampshire disavowed any connection with us 
when in distress, we now positively disavow any connection with that 
government, and mean to govern ourselves accordingly. We could men- 
tion many public acts of their legislature; one so late as the 8th day of 
January 1772, viz. 

" At a Council held at Portsmouth by his Excellency's summons on 
" Thursday the 8th day of January, 1772. 

" PRESENT, 

"His Excellency John Wentworth, Esq; Governor, and 

" Theodore Atkinson, " Daniel Pierce, 

" Daniel Warner, " George Jeffrey, [ Jaffrey,] 

" Peter Levius, [Livius,] " Daniel Rogers, 

" Jonathan Warner, " Peter Gil man, 

" Daniel Rindge, " Thomas W. Waldron. 

"The premises being read, it is considered, that by his Majesty's or- 
" der in Council 20th July 1764, the western banks of Connecticut river 
" was then commanded to be the west bounds of this province, and that 
" this government has been and is entirely obedient thereto." Which 
shews that New-Hampshire did fully agree to, and acquiesce in that royal 
mandate. We might further observe that the State of New-Hampshire, 
by the writings of their supreme legislature, since the revolution, have 
implicitly acknowledged the State ot Vermont* and given encouragement 
to our agents, sent there from time to time, that we think it very ungen- 
erous for New-Hampshire to claim us now, after they have publickly dis- 
avowed any connection with us more than fifteen years; and ordered us 
to govern ourselves accordingly. That we shall forever dismiss the 
claim of Massachusetts-Bay and New-Hampshire, after reminding them, 
that 'tis very similar to the claim the Pretender has to the Crown of 
Great-Britain. And it is more probable he will govern the British nation, 
than either of those States will Vermont. 

*The reader will here observe how implicitly they acknowledged Vermont by the following 
letter, viz. 

"Exeter, July 19, 1777. 

"Sm,— I was favoured with yours of the 15th instant yesterday by Express, and laid the same 
before our General Court, who are sitting. We had previous thereto determined to send assist- 
ance to your State: They have now determined that a quarter part of the militia of twelve regi- 
ments shall be immediately drafted, formed into three battalions, under the command of Briga- 
dier General John Stark, and forthwith sent into your State, to oppose the ravages and coming 
forward of the enemy; and orders are now issuing and will go out in a few hours to the several 
Colonels for that purpose. Dependence is made that they will be supplied with provisions in your 
State, and I am to desire your Convention will send some proper person or persons to No. 4, by 
Thursday next, to meet General Stark there, and advise with him relative to the rout and disposi- 
tion of our troops, and to give him such information as you may then have, relative to the nianoe- 
vres of the enemy. 

Iu behalf of the Council and Assembly, I am, Sir, your most obedient humble Servant, 

Mesujecu Weare, President. 

Ira Allen, Esq; Secretary of the Stale of Vermont." 



208 Appendix D. 

We now pass on to the old dispute, New-York against Vermont. In 
the first place we absolutely deny, and we believe the candid world will 
join with us, that New-York ever had the least pretended right to this 
territory, before the adjudication of the King and Council A. D. 1764; 
though they pretend the Dutch first discovered the continent, and took 
up all the land west of Connecticut river, to Delaware bay. No person 
of sense will ever believe that, for they were ever considered by the Eng- 
lish as intruders, and no historian that ever wrote, has been able to give 
any charter of the government of New-York, or bounds to its territory.* 

They have likewise made much noise about a grant to James Duke of 
York, afterward King of England, but after all they prove too much, for 
if that proves any thing, it will give them a right to all the lands west of 
Connecticut river, which will take a great part of Connecticut and Massa- 
chusetts-Bay, and a large tract from the province of Quebec. And fur- 
ther it is very evident from what passed by the King and Council 1744, 
that the territory of Vermont was then considered and adjudged to be 
within the province of New-Hampshire, for the adjudication was ex- 
pressly, " That Fort Dummer was within the province of New-Hamp- 
" shire. 1 ' 1 And Fort Dummer was west of Connecticut river, and most 
clearly within the territory of Vermont, now claimed by New-York. 
Hence we say that the territory of Vermont, never did belong to the 
Dutch, and was never considered as appertaining to New-York govern- 
ment before the royal mandate passed in 1764; on the other hand they 
could not claim by any authority but a few miles east of Hudson's river. 

And thus stood the case on the 20th day of July 1764: New-Hamp- 
shire relinquished all their claim to this territory, and New-York ob- 
tained a royal command affixing it to their government, over which 
before they could not have the least pretended right. 

And upon this point turns the whole dispute, between New-York and 
Vermont, without going one step back from the year 1764; either that 
royal mandate is absolutely unavoidable in its nature, and binds all 
beings within its limits equal to the moral law, or if it is voidable un- 
questionably Vermont is entitled to freedom and independence. Eor 
never, no never, did a people take more pains to avoid the operation of 
an oppressive act, than the people of Vermont have done. Our greatest 
enemies cannot say we ever associated with the government of New- 
York, or ever admitted their jurisdiction further than compelled by 
force. But on the contrary, we have ever since 1764, opposed them with 
all our might and strength even to blood. 

*Says Mr. Trumbull [Rev. Benjamin,] an able historian, in a treatise upon the ancient charters: 
But is it not very strange indeed if there ever were any grants made to the Dutch of this coun- 
try, that they never were obtained, and exhibited in the controversy between the Dutcli and Eng- 
lish, which subsisted for more than twenty years ? Equally strange is it also, that all the histori- 
ans who have written concerning them have given no account of the country which they described, 
or of any Hunts or boundaries whatsoever exprexsed in them. The authorities and vouchers 
which have been now recited give abundant evidence, that the Dutch claim to U'w England, or to 
any part of North America, was without any legal foundation: and that their title to any part of 
the country, was never, at any period, allowed in England. The court of England ever disowned 
it, and treated them as usurpers. They were not the first discoverers of the country and therefore 
could not claim it on that footing. They had no grant of it, specifying any particular boundaries, 
first or last, which any historians have ever been able to certify. A grant for an exclusive trade 
on Hudson's river in 1614, and a grant to the West-India Company in (621, without any description 
of the country granted, without the least mention of boundaries, is all that their ablest historians 
pretend. A grant to the West-India company, observe, not to any corporation, or body of men, 
in New-XeUierlands, or in New-England. Nay, tins grant was so far from warranting the Dutch 
to settle on the lands at New-Netherlands, now New-York, and exercise jurisdictiou there, dis- 
tinct from the government of England, that even the Slates General, who, it is pretended, made 
the grant, disowned their ever having given orders for any thing of this nature. 

FaKTHEK, it appears that the English, of the united colonies, ever considered the right of the 
Dutch, as confined entirely to the lands which they had purchased and settled, and no moke. 
In a word, governor Hutchinson has said, on the best ground, that the suffering the Dutch to ex- 
tend so far as Greenwich, 20 miles east of Hudsons river, was mere favor and indulgence to these 
intruders. The sew-England patents and the derivative grants, had a western extension to the 
south sea, included the whole province of New-York, and made an ample conveyance of all that 
part of it, which had not been settled prior to them. 



Vermont's Appeal. 209 

The cause must then stand upon these two points, in view of every 
unprejudiced mind, first had King George the III on the 20th of July 
1764, any right to grant the fee of the land, now called the Slate of Ver- 
mont to the' government of New-York ? anfl secondly had the King of 
Great-Britain, ever a right by his royal mandate to abridge the Ameri- 
cans of that great privilege, of making their own laws, and chusing their 
own form of government ? 

To the first we answer, that 'twas always a maxim in the English na- 
tion, that " the King is not above the law " and that u The law cannot do 
wrong." Now, as we had before purchased this territory, and given a 
valuable consideration to the Governor of New-Hampshire, who was au- 
thorized by the King of Great-Britain to sell it, and acted as an agent 
under him when he gave grants of this very territory, 'twas the same, 
and as binding on his Majesty, in the eye of all law and reason, as if the 
king had sold it himself. If then the king had once sold this territory, 
and taken a valuable consideration, had he any right the second time to 
convey it away ? and if he could the second time, might he not as well 
twenty or a hundred, and so on ad infinitum f and consequently there 
could be no security from a king. The voice of reason and common 
sense tell us, that he could not convey it away but once, and as we had 
before purchased it, 'twas out of the kind's power to convey it to New- 
York, therefore that royal mandate which New-York obtained A. D. 
1764, was null and void in itself, as conveying any fee of the land. 

To the second question we answer as every true American whig ought 
to do, that 'tis not a king, nor any other beings, under God, that have a 
right to abridge mankind of their natural liberties without their con- 
sent. What right ever had king George delegated to him to frame gov- 
ernment for us, and to bind us in all cases whatsoever? None; he had 
in the nature of things as good a right on the 20th of July 1764, to have 
subjected the Angels of God, to the government of New- York, as he had 
the people of Vermont. For if he could abridge twenty thousand, he 
could one hundred thousand, and equally three millions of their liberties. 
And if Vermont had not a right to resist that act of oppression, America 
has now no right to resist, but ought to submit to all the usurpations of 
the British crown. 

So that, view that royal command in what light soever, as either 
granting the fee of the land, or the right of jurisdiction; it can be of no 
validity longer than George stands with an iron rod of tyranny to sup- 
port it; but is now as dead, as all other of his arbitrary acts, committed 
heretofore in America, against the peace and dignity of human nature. 
Will any one pretend to say that his royal mandate respecting the Que- 
bec bill is now to be observed as sacred ? Certainly not. And yet the 
Quebec bill much exceeds in point of authority. The truth is, those 
sovereign acts of oppression and tyranny, went out, and died, when the 
king in the declaration of independence, was removed to his Britannic 
regions of despair; and they who now seek to revive them, are as great 
enemies to the civil liberties of mankind as George III. 

Hence then we are imbolden[ed] to say that Vermont must live over 
the claims of all her enemies. Massachusetts-Bay, and New-Hampshire, 
by their dereliction, or utter forsaking, have lost all their pretended 
right; or in the words of the Mosaic Law they have given Vermont a 
bill of divorce, and have sent her away, and now she may not in any 
wise return to them again. 

And let New-York ground their claim upon what principle they 
please, when reduced to a scale of reason, it must like self-righteousness 
fail, and leave New-York without hope. 

Thus we have briefly stated the controversy to the world, [and] we 
now proceed to treat of the independence of Vermont. 
15 



210 Appendix D. 



VERMONT'S APPEAL, &c. 

WERE it possible for rational men to entertain so mean an idea of 
the Great Author of our existence, as to believe he intended a 
part of the human race should hold an absolute unbounded power over 
others, destined by his Sovereign will and pleasure to wear out a servile 
life, as vassals and tenants, to cruel lords and masters; in that case Ver- 
mont might demand of New-York, and all others who pretend to that 
power, some evidence of their having such a dreadful commission from 
Heaven; for condemned criminals are not obliged to submit to the awful 
sentence till the executioner has shewn his warrant. 

But reason and common sense must convince all those who reflect 
upon the subject one moment, that all the claims made to this State, are 
founded on principles of the greatest injustice, cruelty and oppression, 
subversive of the rights of mankind, tending to destroy those great rev- 
olution principles upon which the United States are built up, and do in 
the end point an insult to the divine author of our existence. They 
need only a candid stating to receive a compleat refutation, for with as 
great propriety in the fitness of things might Vermont claim the terri- 
tory of New-York, and demand their right to independence, as New- 
York can Vermont's. In which case we make bold to say, Vermont 
would get no other answer than Britain has frequently got from the 
mouths of cannon in asking the same question. " Yet knowing to what 
" violent resentment, and incurable animosities, civil discords are apt to 
"exasperate and influence the contending parties; we think ourselves 
"required by indispensable obligations to Almighty God, to our fellow 
" countrymen, and to ourselves, immediately to use all the means in our 
" power " not incompatible with our independence, for stoping the effu- 
sion of human blood, and to make known to the impartial world the jus- 
tice of our cause. 

But before we enter thereupon, must beg leave to inform the world, 
of the unfair means that have been used to deprive Vermont of her un- 
alienable and inestimable rights. For the truth of which, we can appeal 
to many worthy characters, and to the august council of Congress, 
whether New-York has not in the darkest hours of the present conflict 
with Great-Britain, when our united wisdom and strength were requisite 
to oppose the common enemy, made the greatest struggles at Congress, 
and even by threats, has attempted to obtain a decree exparte against 
the State of Vermont, from no other view but because she thought her 
own political importance in the scale of America was vastly superior to 
that of Vermonfs; and that Congress Would rather crush Vermont than 
loose the friendship of New- York; when not only New- York, but 
every person, who has taken the least pains to inform himself, knows 
that they never had any other right of jurisdiction over the territory of 
Vermont, but what they obtained by their own wicked craft and British 
tyranny; and that the inhabitants of Vermont, as a people, have never 
submitted to the jurisdiction of New- York, no not from the very earliest 
period. For the proof of which we can now appeal to the marks on the 
backs of their then civil Magistrates (if any there be who have not joined 
the common enemy) who came from time to time, to execute cruel laws, 
such that the Satarp [satrap] of an eastern Despot would blush at; made 
on purpose to ruin the inhabitants of Vermont, which will be an eternal 
disgrace to the records of New- York so long as it has a political exist- 
ence; for particulars of which the reader is referred to General Allen's 
"brief narrative of the proceedings of the government of New- York." — 
[Published in 1774.] 



Vermont's Appeal. 211 

But finding Congress possessed of too much wisdom and integrity to 
carry their vile purposes into execution, they have left no stone un- 
turned, whereby they might ruin Vermont And to gain their point, to 
the great detriment of the United States, have imbraced, and nourished 
in the bowels of this State, sworn enemies to the liberties of America, 
and endeavoured to screen them from contributing their might, toward 
the salvation of their country in times of the greatest danger; and that 
too, when called upon by officers under commissions from the American 
Congress; for no other reason, but because those persons were avowed 
enemies to Vermont. 

They have secretly confered commissions on the sculking neutrals, 
who leaving to others the heat and burden of the day, have used all their 
diabolical schemes, to dishearten and divide the freeborn sons of Ver- 
mont. 

They have received private persons, stealing away from this State, 
into their legislature, under pretence of their being representatives from 
certain towns, contrary to the very letter and spirit of their own consti- 
tution. 

In a word, they have tryed all means in their power, to extirpate and 
distroy the State of Vermont; altho' we have in all our public writings 
assured New-York of our readiness to settle all controversies, respecting 
lands in dispute, in some equitable way, when the great cause of Amer- 
ica would permit. 

And now diffident of our own opinion, we leave the candid world to 
determine, how far New-York might have their own influence in view, 
by strenuously urging, and insisting, that Congress should determine 
such an important cause, at a period of time, when they think their 
State from many circumstances, is become the great key of the continent 
and to affront them must be very detrimental to the confederacy; but 
let New-York remember, that we have a northern as well as they a 
southern key, 1 and are determined to maintain and support our indepen- 
dence and freedom, or take refuge in that blessed State; where the small 
and great are, and the servant is free from his master. 2 

The independence of Vei'mont, will be argued under the following 
heads, viz. 

I. The right the State of Vermont has to independence. 

II. Her interest and advantage in being independant. 

III. The necessity she is under of supporting her independence. 
IIII. The advantage that has and will accrue to the other States of 

America from the independency of Vermont. 

1 This was written several months before the Haldimand correspond- 
ence was commenced, but clearly foreshadowed it. Six months later, 
July 25 1780, Gov. Chittenden stated to Congress the thought expressed 
above in more emphatic language — that, to their protection, if necessary, 
the people were u at liberty to offer, or accept, terms of cessation of hos- 
tilities with Great Britain." In May 1781, Dr. George Smith, who was 
one of the British commissioners to treat with Vermont, wrote to Gen. 
Haldimand that he heard Col. Allen declare " that there was a north pole 
and a south pole, and should a thunder-gust come from the south, [Con- 
gress,] they would shut the door opposite that point and open the door 
facing the north," [Canada.]— See Vt. Hist. Soc. Coll., Vol. II, p. 132. 

a Job in, 19. 



212 Appendix D. 

Under the first of these heads, we can support the right the State of 
Vermont has to independence, upon the same scale of reason, that all 
kingdoms and States maintain theirs. In a state of nature man knows 
no ruler, every one (under God) is his own legislator, judge, and avenger, 
and absolute lord of his property. Had man continued, pure and holy 
through time, as he came from his Creator at first, there would doubtless 
have been no need of government; his wants would have naturally created 
society, but wickedness would never have produced government. Obey- 
ing the dictates of a pure conscience, man would have needed no other 
law-giver; and jurisdiction, that necessary evil at best, would never had its 
name. But conscience, nature's great foundation of legislation, being 
corrupted by the introduction of sin, necessity absolutely required man 
to be under some further regulation, than the mere impulse of a depraved 
conscience; which we find soon after the fall, excited the perpetration 
of most horrid crimes in the children of disobedience, and would fill the 
world, with the greatest horror and misery unless restrained. From 
hence government took its rise, to prevent and punish wickedness, or in 
other words, negatively, to promote the happiness of society by restrain- 
ing vice. 

From whence it most evidently follows, that the very end and design 
of government, is security of life, liberty, and property, to every member 
of society; and the form that best answers that end, is of all others the 
most preferable. 

The human race being in the order of creation, all equal, that there is 
neither high or low, rich or poor, bond or free, for they are all one; until 
that equality be destroyed by some subsequent circumstance, they are all 
intitled to equal privileges of society; and have each one a sacred 
indefesible right, to choose that form of government, that shall best 
secure life, liberty, and property. 

Or to give a more clear representation of the case, let us suppose a 
number of persons to move and settle within the polar circle, unconnected 
with any other part of the world. At their first arrival, they would form 
into society; and while each one remained strictly honest and just, they 
would need no further regulations, their views would be the reciprocal 
good of each other. But so soon as vice, that pest of society, began to 
creep in among them, they would then find the necessity of establishing 
some form of government to make each other honest: In framing of 
which, every person ought to have an equal share, in the legislative, 
judicial, and vindictive powers; and would have an indisputable right, to 
adopt such a mode of government, as to them shall seem best, and ought 
to enjoy the benefits thereof, unmolested, equal with any other kingdom, 
or State under Heaven; and for any foreign power to exercise jurisdic- 
tion, and enforce laws upon that people, would be the essence of tyranny. 

We'll suppose still further, that as soon as our new emigrants are 
formed into a state of society, before they have established any form of 
government, an eastern monarch should pass that way with a large host 
of the dogs of war and sons of tyranny the disgrace of human nature, 
and discover this little honest feeble band, whereupon he should make a 
formal declaration, " that he had full power and authority, to make laws 
" and statutes, of sufficient validity, to bind this society in all cases 
" whatsoever." And should order and decree that these new settlers in 
the wilderness, should be abridged of all their natural rights, and be 
bound to New-York, and subjected to the laws, ordinances and jurisdic- 
tion of the same, upon pain of having his dogs of war let loose to destroy 
them. And notwithstanding frequent petitions, remonstrances, and 
asserting their just rights, were nevertheless compelled to remain in 
this condition, for ten long years, at which period of time, they arrive to 



Vermont's Appeal. 213 

that degree of strength, with the assistance of some honest neighbors, 
that they rise and cut in two that power, which was of sufficient validity, 
to bind themselves in all cases whatsoever, and thereby git loose from the 
cords of bondage. We ask in the name of reason, whether the world 
ought to assist in spliceing that power, to bind them again to New- York; 
or whether they ought not in equity, and the eternal rules of right, 
immediately to be put in full possession of that inestimable privilege, 
which they have so long been unjustly deprived of, that of making their 
own laws, and choosing their own form of government. 

Similar is the State of Vermont; whose inhabitants, at the expence 
of their fortunes, and hazard of their lives, without the least charge to 
any Colony, Province, or State, from which they removed, by hard labour 
and unconquerable spirit, they have procured settlements, in the wilder- 
ness of Vermont; have faced death and danger; undergone unspeakable 
hardships, in perils by savages, in perils by wild beasts of prey, in cold, 
in nakedness, in hunger, and in want. That above all have they suffered, 
from the cruelty of Great Britain and her emissaries. Nevertheless, 
from the first day of their entering into said wilderness, they never 
adopted, or choose any kind of government, any further than compelled 
by the murdering sword, nor did they ever form into a State of society, 
with any other Colony, Province, or State, but kept a well regulated 
association among themselves, for the protection of life, and property, 
until the 15th of January 1777, when by the united voice of the people, 
they declared themselves a free and independant State. For the truth 
of these things we can appeal to many undeniable facts; so late as 
March 1774, [1775,] previous to the battle of Lexington, the judges of 
New-York, were led in fetters of iron, within the gates of their own 
city, for sheding innocent blood at Westminster, in murderously attempt- 
ing to enforce the laws of that province, upon the people of Vermont. 
And as the territory of Vermont did not originally appertain to New- 
York, and seeing the inhabitants never did associate with that province, 
it is manifest they have as good a natural right to independence, to make 
and execute their own laws, as any body of people on this continent. 

Again, the State of Vermont has an undoubted right to independence, 
from the situation and extent of it's territor}'. 

As we have before shewn, the government that best answers the ends 
of society, is of all others the most preferable, being instituted to 
promote happiness, and not increase misery: Now whenever govern- 
ment fails in answering the ends of it's institution; or in other words 
creates more evils than it prevents, it becomes a burden, and ought in 
the course of things to be dismissed; hence it is, when the reason of 
parental government ceases, the government of course ceases. And by 
the same reason that the other American States have assumed govern- 
ment, Vermont is of age to act for herself. And to suppose the territory 
of Vermont, which is 160 miles in length, and 60 miles in breadth, with 
near thirty thousand souls, at this time of day, after 3 years indepen- 
dence, under as good regulation, and code of laws as any State on the 
continent, ought to be affixed to the government of New-York, whose 
morals, manners, and interests are diametrically opposite, is as absurd, 
as to suppose the American States ought to be reaffixed to Great Britain. 
Add further, that if Vermont was affixed to the jurisdiction of New- York, 
many individuals must travel 400 miles to the seat of government; which 
would render it an intolerable burden, and pervert the very ends for 
which government was instituted. 

Again, we might observe, that Great-Britain, previous to the declara- 
tion of independence, had made a distinct government of this territory, 
and had granted a commission accordingly. But as matters are now sit- 



214 Appendix D. 

uate, Vermont cannot obtain a copy of those writings. And that may 
be one great reason why New-York has wearied Congress to obtain an 
immediate decisive adjudication, before that evidence can possibly be 
obtained, least otherwise they should be self-condemned upon their own 
stating. 1 

Again, the State of Vermont has merited an indisputable right to in- 
dependence, in the esteem of every true whig; by her brave and noble 
conduct, in the gloomy struggle of America with Great-Britain. First 
in America were the Green Mountain Boys, (to their immortal honor be 
it written) that commenced an offensive war against British tyranny. 
Under every disadvantage in being a frontier, they nevertheless with 
their lives in their hands, took Ticonderoga, and other important garri- 
sons in the north; so early that New- Yor k, as a government, was con- 
sidered as a dead Aveight in the continental scale. And like men deter- 
mined to obtain liberty or death, they pursued the war into Canada; 
there they fought, blead, and died, not counting their lives dear, that 
they might obtain the prize at the race end. Many heroes can Vermont 
boast in the territory of Canada, who fell fighting in the glorious cause 
of American liberty and freedom. Let the brave immortal Gates, and 
deathless Stark, teil posterity, that in the year 1777, assisted by the 
militia of the State of Vermont, they humbled the long boasted pride of 
Great-Britain, and brought the towering General Burgoyne, with his cho- 
sen legions, to ask mercy at their feet. In a word, Vermont, by her 
blood and treasure, at the point of the sword; has fairly merited liberty; 
and by the eternal rule of reason, has a right to independence, from 
every consideration; she has received it from God, as being created with 
equal liberties in the scale of human beings; from nature in the forma- 
tion of her territory; and from her own victorious struggles with Great- 
Britain. 

II. Tiie interest and advantage of the State of Vermont in being in- 
dependant is very certain. This territory has been one continued scene 
of legislative confusion, and contenlion, since the royal mandate passed 
A. D. 1764, till the late revolution, which gave Vermont an opportunity 
to take the staff of government into her own hands. And this conten- 
tion, being unavoidably founded in the natural opposition of interests, 
between the State of New-York, and that of Vermont; that were they to 
be under one and the same jurisdiction, 'twould render the whole State 
an eternal theatre of contention, bloodshed and misery. That taking 
ever}' circumstance into consideration, the greatness and situation of its 
territory; the strength to which it has already arisen, with the rapid 
progress of its future settlement; the difference of the morals, and man- 
ners of its inhabitants from those of New-York, the clashing interests, 
together with that bitter jealousy, not to say hatred that would forever 
exist, were they to be afiixt to New-York, must oblige every impartial 
man to say that it would be greatly for the interest of Vermont to be in- 
dependent. 

III. Vermont is under a necessity of supporting her independence. 
Freedom is the gift of the beneficent Creator, to all his subjects: Slavery 
only appertains "to the devil and his followers. All rational beings have 
a right to expect that from their natural parents which God bequeathed 
to them, and left in trust to be handed down unimpaired, to the last 
child to be born of the human race. 

The State of Vermont, we have now clearly shewn, has a natural right 
to independence; honor, justice and humanity forbid us tamely to sur- 

1 See post, Appendix G, note to the letter of the Agents of Vermont 
to the President of Congress, under date of Feb. 1 1780. 



Vermont's Appeal. 215 

render that freedom which our innocent posterity have a right to demand 
and receive from their ancestors. Full well may they hereafter rise up 
in judgment against us, if, like profane Esau, we mortgage away their 
birth rights, and leave them at the expence of their lives, to obtain free- 
dom. The righteous blood, already spilt in Westminster court-house, 
calls louder than thunder for an everlasting separation from New-York. 

Further, the State of Vermont, is under an absolute necessity of sup- 
porting her independence, or incurring, as a people, the greatest guilt in 
the eye of heaven. They have declared to the world that they are, and 
of right ought to be, a free independent State; have appointed officers 
civil and military, who have discharged their various betrustments, pun- 
ished otfenders, ratified and dissolved the most solemn contracts in na- 
ture, joined man and wife, have in some instances granted bills of 
divorce, strictly forbidding the parties ever to cohabit together, have 
pronounced sentence of death, when twelve men of the vicinage, under 
the oath of God have declared life was forfeited by the law of the land, 
and have issued a warrant to take away the same; that should they now 
give up independence, and thereby confess that they had no right to 
found government: they would acknowledge themselves guilty of the 
crying sins of murder, adultery, fornication, robbery, &c. and deserving 
of that curse pronounced by God on those who part man and wife. 

Again, we are under a necessity of supporting our independence, 
arising from our plighted faith to individuals: Upon the declaration of 
independence of the State of Vermont, many persons of fortune, admir- 
ing its constitution, sold all that they had in neighbouring states, moved 
in and purchased large interests of the government, laid out all their 
effects, taking the plighted faith of the freemen of the State of Vermont 
for their security; and now to give up our independence, would be de- 
stroying all their security, and reducing them by our perfidy, from a 
state of affluence, to a wretched condition of beggary and want; that 
could it be possible, every virtuous person would stigmatize the inhabit- 
ants of Vermont, to the latest posterity. 

1 1 II. We are now to point out the advantage that has and will accrue 
to the other States of America from the independence of Vermont. 

Omitting a few ******, whom New-York, by their bribery and cor- 
ruption, have prevented from doing much in the common cause; we 
venture to assert that no one of the fourteen states 1 now at war with 
Great-Britain, according to their numbers, have done more for the inter- 
est of the whole, than Vermont. During the first stages of the war, not 
one State, excepting Connecticut, (a free government,) excelled the 
Green Mountain Boys for vigor, spirit and resolution. We will appeal 
to those Generals who have had the northern command, whether by ap- 
plying to the Governor and Council of Vermont, in times of the most 
pressing danger, they did not receive much speedier, and as effectual 
help as by applying to New-York. That all the world must confess who 
have had the least knowledge of the war in the northern district, that 
the State of Vermont has been of great advantage to America, and much 
more so than if that territory had belonged to any other State. 

Again, many advantages must hereafter accrue to the other States of 
America, from the independency of Vermont; for we cannot expect those 
States who are ambitiously grasping at territories to which they have not 
the least shadow of right, will use the wealth arising therefrom to any 
better purpose than to oppress their less wealthy and less powerful 
neighbors. It never will be for the interest of the United States, to 
have some great, overgrown, unwieldy States. New-York is now lage 

1 This includes Vermont as the fourteenth state. 



216 Appendix D. 

enough; and 'tis very probable that if New-York should obtain this ter- 
ritory, and the Green Mountain Boys submit to their aristocratieal form 
of government; she would in time, by the same spirit, overrun and ruin 
many of the United States. 1 



VERMONT'S APPEAL 
To the General Congress of the United States. 

C1ALLED upon as we are to address your honorable board, on matters 
J of the last importance to the State of Vermont; and probably to the 
thirteen United States, over which you preside: we wish most earnestly 
to perforin this office with the utmost decency, reverance, and respect; 
trusting, that should necessity, which knows no law on so uncommon an 
occasion, oblige us to deviate from that delicate line of honor observed 
by courts, your candour will impute it to a just attention, due to our 
own preservation, against those artful and designing States, who abuse 
your confidence and authority, for the purpose of effecting our destruc- 
tion; rather than disrespect to your august body. 

We glory in being allied to your government, in being connected by 
the strongest ties of nature, gratitude, and friendship, to those illustrious 
personages, who by their valour and wisdom, have extricated America 
from ruin, and by securing happiness to others, have erected the most 
noble and durable monuments to their own fame. We solemnly assure 
you, that we most ardently wish a permanent union and confederation 
might be established between this and the United Slates, upon so firm a 
basis, as to transmit its blessings to posterity uninterrupted by any 
future dissensions. Under a full expectation, of reaping equal blessings 
at the end of the conflict with Great-Britain; the inhabitants of this 
State have ever stood forth with their lives, and fortunes, to assert and 
maintain the rights and interests of America. 

But to our unspeakable grief, we find neighboring States, usurping a 
more tyrannic power, if it were possible, than ever Great-Britain grasped 
after, wallowing in luxury, and wanting provinces to drain of wealth, 
like the debauched Romans, to defray their extravagancies, are using the 
wisdom of serpents, and the intrigue of courtiers, to make the inhabi- 
tants of Vermont dupes, and slaves, to their unbounded lust of domination 
and prey. 

And to our great astonishment, we find some so base, as to be willing 
their countrymen should be made tributary to such birds of prey; if they 
might have a small pittance for gathering the tax, even on condition it 
were demanded at the point of the bayonet. 

Tiik petty tyrants of every country always wish to have the people 
dependant on such a power, for under colour of authority from that 
power, they can carry on their oppressions, vexations, and depredations, 
and sin without controul. 

1 Tliis appeal to the small states was effective. In 1782 Mr. Madison 
named New Jersey, Delaware, and Rhode Island as favoring Vermont 
in Congress with a view " of strengthening the interests of the little 
states." Connecticut and Maryland, of the comparatively small states, 
were also for Vermont at that time, and Massachusetts and Pennsylva- 
nia of the large states.— See Vt. Hist. Soc. Coll., Vol. II, pp. 268, 312. 



Vermont's Appeal. 217 

That could any thing add to our grief and surprise, it must be to find 
your act of the 24 th of September last, containing the following Resolu- 
tions, viz. [For these resolutions, see ante, Appendix B, pp. 183-185.] 

As Americans, as freemen, or as men of common sense, we cannot view 
ourselves holden, in the sight of God or man, to submit to the execution 
of a plan, which we have "reason to believe, was commenced by neigh- 
bouring States without policy; and must be prosecuted by means incom- 
patible with the fundamental principles of liberty; which appears, not 
only big with injustice and impiety, but carries immediate ruin to 
ourselves and posterity, as soon as they become human beings. We 
have examined it minutely, we have viewed it in every point of light in 
which we were able to place it; and with pain and grief, we sincerely 
declare we cannot close with the terms of those resolutions, for these 
reasons. 

1. Because, all the liberties and privileges of the State of Vermont, 
by said resolutions, are to be suspended, upon the arbitrament and final 
determination of Congress; when in our opinion, they are things too 
sacred ever to be arbitrated upon: and that we cannot stand acquitted to 
our own conscience, to the world, or posterity, to give them up, by 
reason of the adjudicaiion of any man or body of men, but must hold 
ourselves under the most sacred obligations to posterity, to defend them 
at every risk. 

2. Because, the Congress of the United States has no right to 
meddle with the internal police, and support of civil government in this 
State; for us, not for Congress, has government been instituted here, 
and we cannot conceive that any other legislature has a right to 
prescribe modes to determine our fate, or abolish our own internal 
institutions. We most chearfully at the same time will accede to any 
propositions made by Congress for the equitable settlement of all 
disputes relative to property, when admitted to union with the other 
States. 

3. Because, we conceive this State to exist independant of any of 
the thirteen United States, and not accountable to them, or their 
representatives, for liberty, the gift of the beneficent Creator; having 
existed as an intire corporation, or body politic, before the union or 
confederation of the other States: the first association, and oldest body 
politic on the continent, upon the late revolution establishment; and 
therefore cannot belong to the confederacy. 

4. Because, the State of Vermont is not represented in Congress, we 
cannot submit to resolutions passed without our consent, or even 
knowledge, which put every thing near and dear at stake. We esteem it 
an essential unalterable principle of liberty, the source and security of 
all constitutional rights, that no State or people can be b^und by the acts 
of any legislature without being represented. "It is with the deepest 
" concern that we have seen the sacred security of representation, that 
'• great bulwark of liberty, silently passed over," and acts, rendering the 
liberty, and lives of the inhabitants of Vermont precarious, passed 
unanimously. We have carefully weighed the matter, and can see no 
material difference, in being dragged to Philadelphia or Great-Britain; 
and there, untried and unheard, obliged to deliver ourselves up as 
victims to court pleasure. Let the prejudiced amuse the world, and 
confound the ignorant with their jargon; freedom and dependence on a 
power, over which we have no influence nor controul, is slavery, or we 
are yet ignorant of the word. 

5. Because, there appears a manifest inequality, not to say predeter- 
mination by said resolutions, in that Congress should request of their 
own constituents, power to judge and determine in the -cause, and never 



218 Appendix B. 

ask the consent of thousands whose all are at stake, which evidently pur- 
ports one of these two things: either that the rest of the world are not 
intitled to equal privileges with their constituents, and that Congress 
have a right to make liws to bind them in all cases whatsoever, without 
their consent or even knowledge: or, that Congress already have pre- 
determined us to belong to the thirteen United States and of course 
have a delegated right to judge in the cause; either of which, as free- 
men, it is our indispensible duty by all lawful means to oppose. 

6. Because, said resolutions are either inconsistent in themselves, 
or incompatible with the liberties of free States; in that Congress 
implicitly acknowledge, that as Congress, they have no right to take up 
the matter, by requesting of New-Hampshire, Massachusetts-Bay, and 
New- York special laws to authorize them to judge of the cause; and 
then go on to pledge the faith of Congress, to execute and support their 
decisions, and determinations, in the premises, if only one State, to wit, 
New-York should pass the law, which amounts to this: that New-York 
can give Congress power to pledge the faith of the United States; and 
even of those States who refuse to submit the cause to Congress. 

These are our sentiments upon this important subject, and least they 
should be misconstrued, or misunderstood, we again declare to you, sirs, 
and to the world, that we are not contending for lucre or filthy gain, we 
are willing to agree with any equitable proposals, made for the settlement 
of all differences relative to the fee of lands in dispute; and are not anx- 
ious of being judges in our own cause. We further most solemnly 
assure you, that we are, and ever have been willing, to bear our propor- 
tion of the burden and expense of the present war with Great-Britain, 
from its first commencement, whenever admitted to union with the other 
States: Esteeming it just, that those who equally participate of the 
blessings of liberty, should bare equally the burdens of the war in ob- 
taining it. At the same time, we cannot be so lost to all sense, and 
honor, or do that violence to our feelings, as freemen, and as Americans, 
that after four years war with Great-Britain, in which we have expended 
so much blood and treasure, we should now give up every thing worth 
fighting for, the right of making our own laws and choosing our own form 
of government, to the arbitrament, and determination of any man or body 
of men under heaven. 

"Who noble ends by noble means obtains; 

" Or failing smiles, in excile, or in chains, 

" That man is great indeed." Pope. 



VERMONT'S APPEAL 

To the Inhabitants of the United States of AMERICA. 

Countrymen, Fellow Citizens, & Brethren. 

UNDER the strongest ties of friendship, as men who have equally 
suffered together, from the iron rod of tyranny, in the late cruel 
measures of Great-Britain; and have gone hand in hand, and stood by 
each other, in times when threatened with ruin, tyranny, and death; we 
beg your most serious attention by our address to this very important 
subject. And whilst like the Dove in the fable, you bend the branch, to 
save the poor Bee struggling for life ; remember it may be in our 
power to sting the fowler'so severely, when drawing the net to ensnare 



Vermont's Appeal. 219 

the Dove, as may hereafter procure your liberation. We can never be- 
lieve that the present inhabitants of the United States are so lost to all 
feelings of humanity, benevolence, and religion, that while they extend 
their right hands to Heaven, and weary unbounded grace, in praying to 
be delivered from British tyranny and oppression; they should with their 
left hands, be forming shackles of slavery for their American brethren. 
It gives us pain and grief, to mention the intrigues, and artifices, used by 
wicked and designing men. to destroy the inestimable liberties, and priv- 
iledges of the State of Vermont; and that too by those ungrateful ones, 
who have been preserved from Indian cruelty, by our brave and strenu- 
ous exertions during the present war. 

We need not inform you, that all those despotic claims of jurisdiction, 
over this State, made by any powers of the neighbouring States, origin- 
ate from the same seeds of corruption and tyranny, that raised the war 
between Britain and America, to wit the power of taking from us our 
property without our consent; or in other words, to reduce us to a state 
of abject tenantry, binding us down as tenants, and then domineering 
over us as Lords. 

We need not warn you of the dangers that threaten you in our de- 
struction; those who have once feasted on the spoils of their country- 
men, and tasted the sweet of living upon the labor and sweat of tenants, 
like the voracious wolf, will never leave till they have devoured the whole 
flock of American yeomanry. We have seen the liberties of Poland, and 
Sweeden, swept away in the course of one year, by treachery and usurpa- 
tion; the free towns in Germany, like dying sparks are quenched one 
after another in the destructive greatness of their neighbours. 

We beg leave to recall your attention to the present most critical situa- 
tion of the inhabitants of the State of Vermont; many of us were sol- 
diers in the provincial army during the last war, between France and 
Great-Britain, and suffered inconceivable hardships, in successive cam- 
paigns, in striving to support the honor of the British nation, and to con- 
quer and defend this territory of land from Indians, Canadians, and 
French, at which time 'twas that we discovered the excellency of the 
country, and determined if ever circumstances would permit to settle 
the same. 

At the close of the war, Canada being ceded to the British crown, and 
a general peace prevailing in North- America, gave us an opportunity to 
begin settlements on the Green Mountains, then a wilderness, filled with 
savages, scorpions and beasts of prey ; and notwithstanding all our 
fatigue in assisting to conquer said territory, that we might not give 
offence, we applied to the governor of New-Hampshire, at that time an 
agent or factor, to sell extra-provincial or crown lands in America, for 
the king of Great Britain; and purchased all the territory of Vermont at a 
very high price, excepting a small tract in the northern part of this state, 
and continued making settlements in the wilderness, [and] by an invin- 
cible fortitude, surmounted every obstacle. In this situation, in the 
midst of a howling wilderness, we had very little to do with any other 
colony, or province, never sending abroad to obtain legislation, but kept 
a very good regulation among ourselves; acknowledging New-Hamp- 
shire to be our parent State, because we had purchased our land there, 
and expected to have it warranted and defended by them, but never as- 
sociated with them as a people in a state of society; for we never had a 
single voice in their house of representatives, and consequently were not 
contained within the jurisdiction of their laws. In this situation the 
king of Great-Britain, starting the idfa of raising a revenue from the 
American colonies, and considering the New-England colonies too popu- 
lar to begin with, and entertain any prospect of success, he therefore 



220 Appendix D. 

adds all the territory north of Massachusetts line, and west of Connecti- 
cut river, (which we had before purchased) by an arbitrary command, to 
the jurisdiction of New- York; thinking, as part of that province was 
held by tenure, he could carry on his plans with greater ease, by adding 
greater power to the servants of the crown, decreasing the number of 
freemen, and consequently increasing the number of slaves: We think 
the greatest reason will justify this assertion, for no sooner had the gov- 
ernor of New- York obtained jurisdiction, but he patented out all the 
territory we were in possession of, to a few of his nobility and lords, who 
were favorites of administration, and ordered us to pay the annual rents 
usual for servile tenants, or quit our possessions immediately; and that 
" we should not tarry to reap the crops then growing." We replied in 
the most humble, but positive terms, " That we had purchased our lands 
" of the crown at a dear rate, and had suffered infinite hardships in gain- 
" ing settlements, and now to give them up, or acknowledge ourselves 
"tenants to any lord, was what we would not at the risk of our lives." 
And from thence sprung the long dispute; we, on our part, refusing to 
submit to their government, and they striving to dispossess us of our 
lands and tenements; in the course of which time, we frequently peti- 
tioned New-Hampshire most earnestly, that they would take us under 
their protection, and prevent our being devoured by those who sought 
our ruin; and had as often the misfortune to find them deaf to all our 
intreaties, and at last the bitter mortification to see a proclamation, 
issued by the Governor and Council of New-Hampshire, wherein they 
relinquished all right to the jurisdiction of said territory; put us out 
from under their protection, and directed us to govern ourselves accord- 
ingly. We then found ourselves reduced, to the melancholy necessity 
of quitting all, and from a state of affluence to commence beggars; to 
submit as servile tenants to haughty lords; or as freemen, to face death 
and danger and support our rights; we determined upon the latter, and 
choose rather to die with honor than live with shame. In this condi- 
tion, detachments of their militia were frequently sent to dispossess us, 
whom we opposed even to blood. It ought to be observed, that as soon 
as New-Hampshire refused us any relief, and relinquished their claim, we 
sent immediately agents after agents to Great-Britain, with petitions in 
their hands, to lay at the foot of the throne, praying for relief, who at 
first were received very cooly, but after the plan of the stamp-act failed 
in America, the crown listened to our cries, and gave a decree, in part 
suspending that jurisdictional power in New-York, until his Majesty's 
further will and pleasure should be known; afterwards we obtained one or 
two reports of the Board of Trade in our favour, but remained very 
much in that situation, until the eve of the present war, when we under- 
stood that king George, to answer some other tyrannic views, had given 
Governor ISkeen a commission to preside as governor over most of this 
territory, who came once to visit us, but finding the inhabitants no bet- 
ter disposed toward him, than toward New-York, soon made his exit 
and left us to govern ourselves. 1 

u We shall decline the ungrateful task, of describing the irksome vari- 
ety of artifices, the acts of oppression, the fruitless terrors, and una- 
" vailing severities," that for the course of twelve years were dealt out by 
the legislature of New-York, in their endeavours to execute their unrea- 
sonable and cruel measures. And not to wound humanity, leave untold 
those black acts of outlawry and death, passed against Englishmen, and 

1 This statement is not embraced in Ira Allen's later account, for which 
see note on the subject, post, Appendix G. 



Vermont's Appeal. 221 

freemen, and that too by a legislature, wherein they could have no rep- 
resentation, placing them as common marks for the arrow, wherein they 
not only proffered absolution to any person that should kill them, but 
even offered rewards, to those who would imbrue their hands in their 
blood, for no other crime but defending their just rights and privileges. 
Driven as we were by fatal necessity, while we remained in that condi- 
tion, to submit either to ruin, slavery and death; or declare ourselves a 
free and independent State; we determined upon the latter, being as- 
sured, that our struggle would be glorious, since in death we could obtain 
that freedom, which in life we were forbid to enjoy. 

We have now existed as a free independant State almost four years, 
have fought Britains, Canadians, Hessians, Waldeckers, Dutchmen, In- 
dians, Tories and all, and have waded in blood to maintain and support 
our independence. We beg leave to appeal to your own memories, with 
what resolution we have fought by your sides, and what, wounds we have 
received fighting in the grand American cause; and let your own recol- 
lection tell what Vermont has done and suffered in the cause of civil lib- 
erty and the rights of mankind. And must we now tamely give up all 
worth fighting for ? No, sirs, while we wear the name of Americans, we 
never will surrender those glorious privileges for which so many have 
fought, blead and died; we appeal to your own feelings as men of like 
sufferings, whether you would submit your freedom and independence, 
to the arbitrament of any court or referees under heaven ? if you would, 
after wasting so much blood and treasure, you are unworthy the name 
of Americans; if you would not, condemn not others in what you allow 
yourselves. To you we appeal as the dernier resort under God; your 
approbation, or disapprobation, must determine the fate of thousands. 
It is not the intrigueing courtier, the eloquent lawyer, or the learned 
judge that we fear; we tremble least posterity should read, that the 
arms of the glorious Americans, after working wonders in the cause of 
liberty, were tarnished and disgraced, and vilely used as instruments to 
deprive their brethren of their inestimable rights and privileges. 

Our enemies give us opprobrious names, they call us insurgents and 
rebels. We have stated the matter clearly before you in the course of this 
pamphlet; you see wherein our rebellion consists, and if that can be 
called rebellion, shew us a period in the history of the present war, in 
which you have not been equally rebellious. We conjure you by that 
friendship which has so long subsisted between us, by the blood and suf- 
ferings we have exhibited in your cause, by your own honor, and liber- 
ties which are at stake, to rise and crush that spirit of oppression, now 
exercised in seeking our destruction. Be assured that if you suffer us 
tamely to be devoured by those greedy powers who have laid plans for 
our ruin, that spirit will not sleep long, before you must fare the same 
fate; for we conceive the liberties of "the whole, to be absolutely con- 
nected with every part of an empire, founded on the common rights of 
mankind. We have coveted no man's estate, we have at all times been 
ready to submit all differences relative to the fee of lands in dispute to 
impartial judges, and now solemnly declare to all the world that we are 
contending only for liberty, the gift of the Creator to all his subjects, the 
right of making pur own laws, and choosing our own form of govern- 
ment, and will God be pleased to dispose the hearts of our countrymen 
to save the inhabitants of the State of Vermont from tyranny and oppres- 
sion, to grant them their liberties in peace, and to see the things which 
belong to their political salvation, before they are hidden from their 
eyes. 



222 Appendix D. 

To the Commonalty of New-Hampshire, Massachusetts-Bay and New- 
York. 
WE conclude this address to you, in short, to remind you that your 
liberties are challenged as well as ours; you are now engaged in 
a bloody war in defence of the same; remember, the measure you meet 
out to others, heaven will measure back to you again. Can you stand 
before the throne of God and seek to be protected and defended in your 
cause, while you are striving to overthrow and destroy the liberties of 
the State of Vermont, which stands on as large a scale of reason for 
independence as any other State on the Continent. 

Again we request you seriously to consider, whether the object is 
worth the pursuit before you rush head-long like the horse into the 
battle. Force is seldom imployed with success to change the opinions, 
or convince the minds of freemen. But admitting that you should 
conquer us and affix us to any of your governments. Will that enrich 
you ? Certainly not: Will it make us better neighbours V it cannot. 
Will our destruction secure your liberties ? By no means. What then 
will you obtain finally, for all your trouble and expense, not to say 
bloodhshed. Nothing but a conquered depopulated territory, where 
every single inhabitant, will be so imbittered against you, that you will 
be necessitated to keep a standing army perpetually, to keep them in 
subjection, and support government. And that very army in time, being 
accustomed to trample upon the liberties of mankind, will, with the 
assistance of the disaffected, like the worm at the root of Jonah's gourd, 
eat up and devour the whole of your liberties, and thus the righteous 
Judge of the universe will give that people that deprive Vermont of her 
rights, slavery to drink for they will be worthy. 

The END. 



APPENDIX E. 



A CONCISE REFUTATION of the Claims of New-Hampshire 
and Massachusetts-Bay to the territory of VERMONT; 

WITH OCCASIONAL REMARKS ON THE LONG DISPUTED CLAIM 

of New-York to the same. Written by Ethan Allen and 
Jonas Fay Esq™- Published by order of the Governor & Couneil of 
Vermont. 

Bennington the first day of January 1780. 

Joseph Fay, Sec'ry. 
Hartford: Printed by Hudson & Goodwin. 1 

This Government, astonished at the late extraordinary claims of 
New-Hampshire and Massachusetts-Bay to the territory of Vermont 
and the following remarks having been omitted in any piece heretofore 
published on the subject, laid themselves under the disagreaable neces- 
sity of publicly exposing the imbecility and depravity of those govern- 
ments, whose candour on the very first attempts should have suggested 
to them that in prosecuting such claims they would unavoidably become 
accomplices with the government of New-York in their many aggravated 
and long continued oppressions of the people of this State. This Govern- 
ment, sensible of the devices of certain leading gentlemen of the govern- 
ment of New- York against them, and being apprised that they had 
some time since proposed to certain leading gentlemen in the States of 
New-Hampshire and Massachusetts-Bay to divide this State among the 
three States aforesaid which are now actually claiming it severally J 2 and 



1 Ethan Allen Ms. Papers, pp. 295-325. 

2 The allusion in this and other Vermont documents, to a design to 
divide Vermont between at least two of the contending states, was not 
without foundation. Oct. 7 1779 — nearly three months preceding Allen 
and Fay's Concise Befutation — John Jay wrote to Gov. Clinton that one 
of the delegates in Congress from New Hampshire "seems much inclined 
to make the ridge of mountains instead of Connecticut river the boun- 
dary line between us;" and Mr. Jay favored the proposal.* Feb. 9 1780, 
after several unsuccessful attempts to induce Congress to proceed to a 
hearing of the controversy, the New York delegates in that body 
addressed a formal letter to Gov. Clinton, recommending an accommoda- 
tion of the dispute with New Hampshire. Feb. 21, Gov. Clinton commu- 

* Clinton Papers. No. 2549, an extract from which is in H. Hall's Early History, p. 307. 



224 Appendix E. 

sensible likewise of our danger from the frontier situation to the Province 
of Quebec, and of the influence which the government of New-York 
(especially if corroborated by those of New-Hampshire and Massa- 
chusetts-Bay) might have in the Congress of the United States in 
which we have [are] not represented — These apprehensions excited this 
Government to remonstrate at the General Courts of New-Hampshire 
and Massachusetts-Bay against their making and prosecuting such 
claims which in their nature and tendency are cruel, unjustifiable, and 
without any reasonable foundation for their support: — And having 
received several acts of Congress of the 24 th of September last, among 
which is contained a recommendation to the several States of New- 
Hampshire, Massachusetts- Bay and New-York, to pass laws expressly 
authorizing the Grand Council of America to hear and determine the 
differences which have subsisted between them on one part and the 
inhabitants of a district of country called the New-Hampshire Grants 
(as they are pleased to term them) on the other, on the first day of 
February next; and a citation (only) to the inhabitants of the latter to 
choose Agents and otherwise prepare for the hearing aforesaid, [this 
Government] have therefore thought it expedient to exhibit to the 
world, and to the honorable Congress as a very respectable part of it, 
the apparent impropriety of those claims. 

nicated this letter by message to the Assembly. Feb. 22, the message 
and letter were referred to a joint committee of both houses, of which 
Micah Townshend of Brattleboro' was chairman on the part of the 
House. March 8, Mr. Townshend reported an answer to their delegates 
in Congress, which declared it "ineligible at present to attempt an 
accommodation with New Hampshire in the mode you have proposed ;" 
but declared that " at a future day possibly the measure may appear not 
only expedient but necessary."* April 10 1780, Mr. Townshend wrote 
from Brattleboro' to Gov. Clinton as follows: " By what I can learn the 
legislature of New Hampshire or at least some of their members, and 
their partizans west of Connecticut river, entertain an opinion that the 
western boundary of that state will be fixed at the Green Mountains. ,"f 
Under date of Jan. 16, 1783, at Philadelphia, John Taylor Gilman, 
delegate to Congress from New Hampshire, wrote to President Weare 
for instructions, saying: " The Legislature of New York are now in 
session, and from some information which I have had this Day think it 
is probable they will Repeal their Act by which the Desision of this 
matter was Submitted to Congress, if it should be proposed in the 
present state of this matter and without Deciding on the Question of 
their Independence, that it be Kecommended to New York and New 
Hampshire to adjust this matter between themselves Reserving to 
Massachusetts the Right of Claiming, and a trial upon the principles of 
Confederation, and that Congress pledge themselves for carrying into 
effect their agreement.":}: For other memoranda on the same subject see 
H. Hall's Early History, p. 415. 

* Assembly Journal oj New York, cited in H. Hall's Early History, pp. 307-309, 

t Clinton Papers, No. 2791. 

% From manuscript copy in possession of Hon. Hiland II A ll. 



Concise Refutation. 225 

And first we shall consider the pretensions of Massachusetts-Bay. 1 
It is admitted that previous to the adjudication of the boundary line in 
1739 between New-Hampshire and Massachusetts-Bay the latter had 
claimed a considerable part of the present jurisdiction of New-Hamp- 
shire, from the Atlantic Ocean on the east part (which claim did equally 
interfere with the territory now in dispute) and in longitude through the 
main land to the South Sea, on the west part, as described in the charter 
of the Colony of Massachusetts-Bay. This antiquated claim of Massa- 
chusetts-Bay was referred to the King and Council by an appeal from a 
Court of Commissioners previously authorized by the same authority to 
determine, and mark out the boundaries between the said two provinces, 
as may appear from the following extract of the settlement of that line 
viz. 

"And whereas appeals from the determination of the said Commis- 
"sioners have been laid before his Majesty by the Agents for the re- 
spective Provinces of the Massachusetts-Bay and New-Hampshire; 
" which said appeals have been before the Committee of Council for 
"hearing appeals from the plantations, who after having considered the 
" whole matter and heard all parties concerned therein did report unto 
"his Majesty as their opinion that the northern boundary of the said 
"Province of Massachusetts-Bay are and be a similar curve line, pursu- 
ing the course of Merrimack river at three miles distance of [on] the 
"north side thereof beginning at the Atlantic Ocean and encing at a 
"point due north of a place on a plan returned by said Commissioners 
" called Pantucket [Patucket] Falls and a strait line drawn from thence 
"due west cross the said river till it meets with his Majesty's other gov- 
ernments, which said report of the Committee of Council, his Majesty 
"hath been pleased with the advice of his Privy Council to approve, and 
"to declare, adjudge and order that the northern boundary of the said 
" Province of Massachusetts-Bay are and be a similar curve line, pursu- 
" ing the Course of the Merrimack River at three miles distance on the 
" north side thereof beginning at the Atlantic Ocean and ending at a 
"point due north of a place on the plan returned by the said Commis- 
" sioners called Pantucket Falls and a strait line drawn from thence due 
" west crost the sa^d river till it meets his Majesty's other governments." 

This adjudication was made in 1739 2 which was forty years ago and 
the government of the Massachusetts-Bay have regulated their jurisdic- 
tion accordingly ever since which is too notorious to be disputed and 
may be further illustrated by a variety of acts of their own as well as of 
the British government. One of them respects Fort Durnmer which 
was built by the Massachusetts-Bay Province in 1724, and garrisoned at 
their expence a number of years, but upon its being excluded from their 
jurisdiction by the settlement of the boundary line aforesaid, the Bay 
Province represented to the government at home that the said district 
of land claimed as aforesaid and Fort Dummer having been determined 
to be the property of New-Hampshire they were no longer obliged to 
garrison and maintain it, and praying that as it was necessary tor the 
defence of that part of the country that New-Hampshire might be di- 
rected to support it: In consequence of which an order passed the King 
and Council in 1744 as follows viz. " That the Governor and Comman- 
" der in Chief of New-Hampshire should forthwith move the Assembly 
"in his Majesty's name to make a provision for that service;" and at the 

1 See ante, Appendix G; and Appendix D, pp. 204-206. 

2 The date of the decision is March 5 1740, in Belknap's History of 
New-Hampshire, Vol. n, p. 132. 

16 



226 Appendix E. 

same time informing them " that in case they refused to comply with so 
"reasonable and necessary a proposal, his Majesty would find himself 
"under the necessity of restoring that fort with a proper district of land 
"contiguous to it, to the Province of Massachusetts-Bay, who cannot 
"with justice be required to maintain a fort* no longer within their 
"boundary." In consequence of this requisition New-Hampshire did 
actually maintain Fort Dummer and paid a demand of arrears for its 
previous support to Massachusetts-Bay and the receipt thereof remains 
in the Secretary's office of New-Hampshire to this day. 

After these solemn governmental transactions, and actual compliance 
of Massachusetts-Bay to the said royal adjudication, their pretensions to 
the jurisdiction of Vermont appear to be not only impertinent but ar- 
bitrary, and should such a precedent take place would make an end to 
all jurisdictional limitations through the United States as well as those 
of Vermont, as in this case no ancient settlement of boundary lines re- 
specting them could be valid, and consequently the greatest confusions 
and disorders would necessarily ensue. Furthermore, if there be any 
thing in those pretensions of Massachusetts-Bay they equally effect 
[affect] the actual jurisdiction of New-Hampshire to the eastward of 
Connecticut River, over which eastern part when Massachusetts-Bay 
shall exercise their jurisdiction, it will be early enough for them to do 
the same over an equal width of the jurisdiction of Vermont. After all 
provided there be any reality in those pretensions there is a great deal 
in them as they are founded on a charter right, and consequently chal- 
lenge the right of soil: This the principal gentlemen of their Court gave 
our Agent to understand that they demanded with jurisdiction, which 
opens another scene of expence to the inhabitants (provided their pre- 
tended claim takes place.) This will undoubtedly be displeasing to the 
present occupants, their lands having been (thegreater part of them) 
already granted by New-Hampshire and New- York, but [as] there is no 
probability of satisfying the many unwarrantable and avaricious claims of 
the several contending governments, the citizens of Vermont therefore 
judge it reasonable to eject them. 

This Government have such a sacred regard to the occupancy of land 
within their jurisdiction that they would not wish to have the possessors 
and occupants disturbed in their possessions, notwithstanding such lands 
ma3^ have been appropriated by either of the contending governments 
(New-York not excepted.) 

We come now to the consideration of the pretensions of New-Hamp- 
shire to the jurisdiction of Vermont by introducing the settlement of 
the boundary line between them in [and] New-York as follows viz: 
"At a Court of St. James the 20th day of July 1764. 
"PRESENT 
" The King's most Excellent Majesty, 
" Lord Stewart, 1 Earl of Hillsborough, 

" Earl of Sandwick, 2 Mr. Vice Chancellor, 8 

" Earl of Halifax, Gilbert Elliot Esq. 

" Earl of Powis, James Oswald Esq. 

" Earl of Harcourt, 

1 Lord Howard in Slade's State Papers, and Lord Steward in Bradley's 
Appeal 2 Earl of Sandwich in Slade. 3 Wm. Vice Chamberlain in 
Slade's State Papers, p. 19, and Mr. Vice Chamberlain in Bradley's 
Appeal. The Lord Chancellor and Lord Chamberlain both seem to have 
been members of the Council, and probably the Vice Chancellor and 
Vice Chamberlain sat in the absence of their principals. 



Concise Refutation. 227 

" "Whereas there was this day read at the Board, a report made by the 
"right honorable the Lords of Committee of Council for Plantation 
" affairs, dated the 17 th of this instant, upon considering a representation 
" from the Lords Commissioners for trade and Plantations relative to the 
"disputes that have some years subsisted between the Provinces of 
" New-Hampshire and New-York concerning the boundary line between 
"those Provinces: His Majesty, taking the same into consideration, was 
" pleased, with the advice of his Privy Council, to approve of what is 
"herein [therein] proposed and doth accordingly hereby order and de- 
"clare the west bank [western banks] of the river Connecticut, from 
" where it enters the Province of Massachusetts-Bay, as far north as the 
"forty-fifth degree of northern latitude, to be the boundary line between 
"the said two Provinces of New-Hampshire and New-York, wherefore 
"the respective Governors and Commanders in Chief of his Majesty's 
"said Provinces of New-Hampshire and New-York, for the time being, 
"and all others whom it may concern, are to take notice of his Majesty's 
"pleasure hereby signified and govern themselves accordingly. 

" William Blaul" 

Probably the advocates for the pretensions of the claim of New- 
Hampshire to this territory, will advert to the 47 th and 48 th pages 1 of our 
Vindication of the right of the inhabitants of Vermont to form into an 
independent State, where we show the nullity of the said adjudicated 
line of 1764, in consequence of the declaration of independence of the 
United States and the annihilation of the British government in Amer- 
ica, asserting, that in consequence of our arguments alluded to as afore- 
said they open a door for the claim of New-Hampshire to take place by 
making void that line in order to defeat the claim of New-York. The 
attention of the reader is requested very particularly to the following 
observasions viz. The territory of Vermont, until the people's declara- 
tion of independence, was extra-provincial land and the governments of 
New-Hampshire and New-York claimed the jurisdiction of it by turns, 
merely from the sovereign will and pleasure of the King as neither of 
these governments were possessed of any charter-right as a body politic 
which they could call their own or challenge in their own right. Had 
New-Hampshire been possessed of such a charter-right their claim 
would have been more respectable and permanent and would have 
operated against the adjudication of 1764 aforesaid provided such 
boundaries had been previously ascertained. But this disputed territory 
being in those times crown lands and without the limits of any of the 
(then) colonies or plantations, the King's authority over it w r as therefore 
absolute and while this power remained in being, the last ro} 7 al decree 
was valid and binding, which was that of 1764 aforesaid, which extended 
the jurisdiction of New- York over the said territory at which time the 
claim of New-Hampshire to the premises became extinct and finished, 
nor is it in their power to renew their claim to this government, being 
wholly destitute of any charter right thereto, and having lost it by the 
same arbitrary power by which they acquired it, and ought therefore to 
be finally silent about it, as well on account of their own relinquishing 
of such claim, and not affording the inhabitants any protection or 
jurisdictional support for a succession of years but since the declaration 
of the independence of this State have not only relinquished their said 
claim by their governmental transactions explicitly acknowledging the 
independence of this State. The proper credentials of this last fact will 
be exhibited in the following sheets with some further illustrations, 
being at present impatient to observe, that as the claim of New- 

1 See Appendix I, Vol. I, p. 464. 



228 Appendix E. 

Hampshire to this territory was nullified, and became extinct in 
consequence of the royal decree of 1764 aforesaid, as before argued, and 
as the claim of New-York to this territory was as equally deficient as 
that of New-Hampshire to any charter right as a body politic or inherent 
constitutional jurisdiction ; the claim of New- York therefore only sur- 
vived that of New-Hampshire from the arbitrary decree of 1764 to 
the glorious sera of AMERICAN LIBERTY and INDEPENDENCE 
which was declared the fourth da}^ of July 1776 and then expired also, to 
the inexpressible joy of the free citizens of Vermont, who in consequence 
thereof reverted to a state of nature, and have since formed government 
on the true principles of liberty. 

This royal arbitrary line in the time of the kingly power was in the 
nature of it incompatible with the rights of a free people as they were 
thereby divested of the inestimable priviledge ot choosing their own 
form of government, and of electing their chief magistrates, nor were 
they in such circumstances in any condition to know what form or 
alteration of government might next take place, as the King and his 
creatures were the sole arbitrators of it. In fine this people have 
suffered every indignity and oppression that prodigal and lucrative 
governors, and their swarm of hungry dependents could invent, and 
carry into execution, and it is surprising, that any persons that live in 
these days of liberty still entertain any idea that the said boundary line 
should operate in favour of the claim of New-York. From this short 
review of the claims of Massachusetts-Bay and New-Hampshire, they 
cannot affect the claim of Vermont to independence, which may be 
further illustrated by a two fold argument viz. provided those adjudicated 
boundary line of 1739 and 1764 aforesaid be deemed authentic and valid, 
their claims to Vermont must be considered as nugatory and abortive, 
but on the other hand if those adjudicated lines be considered as null 
and void, in this case the claim of Vermont, to the jurisdiction of this 
territory, would be much better grounded than those of Massachusetts- 
Bay or New-Hampshire, inasmuch as their government hath for a long 
time been formed by the authority of the people at large, or their legal 
representatives, who under God have a natural and indisputable right to 
form their own governments, so that the claims of Massachusetts-Bay 
and New-Hampshire to this territory are bar'd either by the aforesaid 
adjudication or in consequence of the legal establishment of the govern- 
ment of Vermont, nor is it possible for any one or both of those 
governments to set up a third principle whereby they can deduce a legal 
or just claim to any part of this government, for if their claims are not 
founded on the lines formerly ascertained by the British government 
[or] on the free consent and mutual association of the people of this 
territory, their pretensions are frivolous or tyrannical. This two fold 
argument is not viewed as being absolutely necessary in order to defeat 
the claims of those governments to the said premises but was introduced 
by way of supererogation. Sufficient it is in order to vindicate the claim 
of independence of the State of Vermont against those of Massachusetts- 
Bay and New-Hampshire, that these governments have for a series of 
years conformed to those settlements of 1739 and 1764 in their legislature 
[legislative] and executive capacities, and acted uniformly agreeable to 
those limitations until within a few months last past. Sundry years 
before the commencement of the present British war with the colonies, 
the people of this territory solicited both of those governments, at 
different times to extend their governmental protection to them, and 
prevent the ruin with which they were threatened by the oppressive 
iron rod of the government of New- York but could obtain none. But 
it appears by their late claim that they have since altered their minds 



Concise Refutation. 229 

although their motives herein (it is presumed) are far from being 
honourable — for it is a great fundamental and universal principle in all 
free governments, that government and protection are inseperably 
connected together, so that without protection or at least an attempt to 
extend it when earnestly solicited as aforesaid, government naturally 
and necessarily: ceases to be, or in other words, such a refusal of protec- 
tion implicitly disavows any right of jurisdiction or forfeits any supposed 
right either by neglecting such claims or refusing such protection. 
From whence we may infer that all pretenders to government which 
have not ultimately the good of the governed in view and do not afford, 
or endeavour to afford protection to those over whom they pretended 
such claims, should instead of the respects due to legislatures, courts and 
the like, be esteemed and treated as enemies to society and the rights of 
mankind. Thus it appears from the great and most universally received 
maxims in all free governments that the citizens of Vermont are and 
ought to be independent of the three governments which lay claim to 
them; and that every of their said pretensions are daring usurpations 
and insults on the liberty of an independent, brave and free people, who 
have never received any governmental protection or benefit from either 
of them, but instead thereof have every thing to apprehend from their 
venality and usurpation. Had New York succeeded in their various 
and insidious attempts to subjugate the people of Vermont, the recent 
claims of those other governments would never have been mentioned 
and the jurisdiction of New- York over this territory would at this day 
have been indisputable, so that Massachusetts-Bay and New-Hampshire 
have taken advantage of the controversy between New-York and Ver- 
mont, and even of the bravery of the latter in defending their natural 
rights and liberties, as the only possible ground of laying their frivolous 
claims. They have furthermore taken the advantage of the bravery of 
the United States in general and Vermont likewise, in bringing about 
the present revolution by which means they dare extend their pretended 
claims which it is presumed they would not have had the hardiness to 
endure [against] the British government over the head of those royal 
adjudications of 1739 and 1764 aforesaid, and it is worthy a remark that 
these claims have been started about three years since the declaration 
of the independence of the United States. Still the people of Vermont, 
legally speaking, remained under the British Government (over which 
Governor Philip Skeene was commissioned chief magistrate and next to 
this Government has the best claim to the jurisdiction of Vermont) 
from the 4 th day of July 1776 to the 15 th day of January next following 
and then in a solemn "manner disavowed the British government and 
rejected the pretensions of Mr. Skeene, and all other pretenders to the 
jurisdiction of this territory, and declared themselves a free and Indepen- 
dent State; and have as they humbly conceive, in their various struggles 
for liberty, fairly merited the enjoyment of it. 1 This they consider as 
the ultimate reason of their many expences, labours, toils, battles, victo- 
ries and hazards, and for the attainment of which they have chearfully 
suffered such an uncommon series of concomitant evils. 

The following exhibits will set the pretensions of the claim of New- 
Hampshire in a true light. Not long after the settlement of the juris- 
dictional line in 1764 between New- York and New-Hampshire, Governor 
Benning Wentworth, who then presided over the latter, issued his proc- 
lamation, the principal import of which is, " That whereas it was the 
k< King's pleasure that this territory should be under the jurisdiction of 
"New-York — That New-Hampshire paid a ready obedience — further- 

1 For note on the project of Skene, see post, p. 239. 



230 Appendix U. 

"more advertising such persons as held either civil or military commis- 
"sions (in this district) under the authority of New-Hampshire to sur- 
" cease from any further administration." At the same time " directing 
"the inhabitants to conform to the government of New-York." We 
likewise find the following extract in a letter from the Governor of New- 
Hampshire to Governor Tryon, [of New York,] of the 19th of October 
1771 viz. "That he had invariably recommended " to those inhabitants 
"implicit obedience to the law of the province of New- York and upon 
"all occasions positively disavowed any connections with those people." 
We next exhibit the minutes of the Council of New-Hampshire, viz. 

"PROVINCE OF NEW-HAMPSHIRE. 

" At a Council held at Portsmouth by his Excellency's summons, on 
" Thursday the 8th day of January 1772. 
PRESENT, 
" His Excellency John Wentworth Esq; Governor, and 
" Theodore Atkinson Esq., Daniel Pearce [Pierce] Esq., 

" Daniel Warner Esq., George Jafiery [JafTrey] Esq., 

" Peter Levires [Livius] Esq., Daniel Rogers Esq., 
" Johnathan Warner Esq., Peter Gilman Esq., 

"Daniel Rindge Esq., Thomas W. Waldren [Waldron] Esq. 

" His Excellency the Governor having laid before the Council for their 
" advice two letters from his Excellency Governor Tryon of New York 
"dated October [2d] 1771, and December 23, 1771, the latter enclosing a 
" proclamation, also a copy of his Excellency's answer to the first letter, 1 

^he record of the Council of New York embraces the substance of 
Tryon's letter and Wentworth's reply, as follows : 

[From the Documentary History of New York, Vol. 4, p. 455.] 

MINUTES OF COUNCIL 

Relative to the Governor of New Hampshire's letter touching the riotous 
behaviour of the New Hampsnire grantees. 

In Council November 13th 1771. 

His Excellency was pleased to communicate a Letter of the 19th day 
of October last, from Benning [John] Wentworth Esq r * Governor 
of the Province of New Hampshire, in Answer to a Letter from his 
Excellency the Governor of this province, complaining of an Exparte 
Survey of the River Connecticut lately made by the Government of 
New Hampshire, also informing Governor Wentworth of the Riotous 
Behaviour of Persons within this province claiming Lands under 
Grants of New Hampshire, and that the Riotous Spirit of those peo- 
ple seems to be greatly owing to the assurances they pretend to have 
received from Governor Wentworth that the Line will be altered so as 
to include the said claimants within the Jurisdiction of his Government 
— in which Letter Governor Wentworth utterly disclaims any such or the 
like Assurances, and declares that he had invariably recommended implicit 
obedience to the Laws, and upon all occasions positively disavowed any con- 
nections with those people, and observes that he thought it unnecessary to 
consult this Government previous to the late Survey of Connecticut River, 
as that River is comprehended within the Limits of his own Government. 

The Board Taking into Consideration the dangerous Tendency of the 
Disturbances at present prevailing in that part of the Country, and that 

* Note by the Editor.— This is a remarkable error. Benning Wentworth was allowed " opportu- 
nity to resign," to escape removal ; and John, a nepln;w, was commissioned as his successor Aug, 
11, 1766.— See Belknap's New-Hampshire, Vol. II, pp. 260, 261. 



Concise Refutation. 231 

" — The premises being read, it is considered that by his Majesty's order 
" in Council of the 20th of July 1764, the western banks of Connecticut 
" River was then commanded to be the west bounds of this Province and 
" that this Government has been and is entirely obedient thereto. There- 
" fore the said proclamation relating wholly to matters and things with- 
" out the boundaries of this province, it is advised that the publication 
" thereof, by the authority of this province, is extra-provincial, and there- 
fore in our opinion his Excellency is further advised not to issue any 
" proclamation relating to the premises. Secondly, that it is not expedi- 
" ent for the government in any wise to interfere with, or concern in 
" running the lines between his Majesty's province of New York and 
" Canada, which by his Excellency Governor Tryon's letter of the 23 d 
" December 1771 is already begun, by Commissioners appointed for that 
" service agreeable to his Majesty's instructions, wherein it does not ap- 
" pear that this province is referred to or mentioned. 
" A True Copy from the Minutes of the Council, 

*" Attest, George King, Deputy Secretary.' 1 ' 1 

The following is a copy of a letter from the President of the Council 
of New Hampshire to the (then) Secretary of this State, viz. 

[Here was inserted a copy of the letter of Meshech Weare of July 19 
1777, addressed to " Ira Allen Esq. Secretary of the State of Vermont" — 
for which see ante, Appendix D, p. 207. Next followed the letter of 
President Weare of Aug. 22 1778, on the first union of New Hampshire 
towns, addressed to the honorable Thomas Chittenden — all but the first 
paragraph; for which letter see Yol. I, p. 414.] 

The foregoing letter was laid before the General Assembly of this 
State at their session in October 1778 agreeable to President Weare's 
request, and a joint Committee was thereupon appointed from the Coun- 
cil and Assembly and the said Union was dissolved and President 
Weare's demands fully and amply adjusted and settled at the then next 

Governor Wentworth had not thought proper by public act of his Gov- 
ernment to disavow the assurances, the Rioters pretend to have received 
from him, humbly advise his Excellency, and it is accordingly ordered 
by his Excellency the Governor with the Advice of his Council, that a 
proclamation be prepared notifying the declaration of Governor Went- 
worth on this subject contained in his Letter above mentioned — Stating 
the claim of this Province to the Lands Westward of Connecticut River 
— Strictly injoining the Inhabitants of those Lands to yield Obedience 
to the Laws within this Government: And derecting the Magistrates 
and other Civil Officers to be vigilant in their Duty and attentive to the 
Preservation of the public Peace; and to transmit the Names of all 
offenders herein, that such measures may be taken for their punishment, 
as the Nature of their Crimes shall require — And that the Draft of such 
proclamation when prepared be laid before his Excellency for the appro- 
bation of this Board. 

Gov. Tryon issued a proclamation accordingly, dated Dec. 11 1771, a 
copy of which was sent to Gov. Wentworth Jan. 8 1772. Wentworth 
acknowledged the receipt of the proclamation and renewedly disavowed 
any connection with the " violence & illegal opposition to Government " 
of the New Hampshire grantees. — For Tryon's letter to Wentworth, 
Oct. 2 1771, see Doc. History of New York Yol. 4, pp. 445-6; and for 
Tryon's proclamation see the same, pp. 456-459. 



232 Appendix E. 

adjourned session of Assembly held at Bennington on the 12 th day of 
February 1779 as will appear by the following extract of the report of 
said Committee and the Resolution of the Assembly thereon, viz. 

[Here followed the report and resolution, certified by " M. Lyon, 
Clerk f for which, Lyon's certificate excepted, see Yol. I, pp. 430, 431.] 

It is presumed that from the settlement of the boundary line between 
New York and New Hampshire in 1764, to the date of President Weave's 
letter of the 22 d August aforesaid, which is more than fourteen years, 
that New Hampshire, (during this period) had given up in the most ex- 
plicit and public manner, all pretensions to the jurisdiction of any and 
every part of the lands comprehended in this State. Governor Benning 
Wentwovtli's proclamation aforesaid sets this matter in a clear light, soon 
after the alteration of jurisdiction, directing the settlers under New- 
Hampshire to conform to the laws of New York. 1 The letter from the 
Governor of New Hampshire [John Wentworth] to Governor Tryon, of 
the 19th of October 1771, speaks the same language, viz. " That he had 
u invariably recommended implicit obedience to the laws " of New 
York, " and upon all occasions positively disavowed any connection with 
u those people." The Governor and Council of New Hampshire the 8 th 
of January 1772 wholly renounced their claim to the premises: " It is 
"considered that by his Majesty's order in Council of the 20 th July 1764 
"the western banks of Connecticut river was then commanded to [be] 
"the west bounds of this province; and that this government has been 
" entirely obedient thereto." President Weave's letter to Ira Allen Esq. 
proceeds still further, and positively concedes to the independence of this 
State. It appears that the Court of the State of New Hampshire, by 
their President, address him in his official character, viz. as " Secretary 
of the State of Vermont;" and in the contents of the letter when writ- 
ing to the Secretary of this State, not less than three times gives it the 
appellation or stile of "your State;" and observes in the finishing clause 
of the letter, " in behalf of the Council and Assembly I am," &c. From 
all which it appears that the said letter has the authority of the General 
Court of that State for its support, and which in the most express terms, 
acknowledgeth the independence of this State which is of itself a final 
bar to the claim of New Hampshire. For if Governments can relin- 
quish their claim of jurisdiction when they please and assume it again 
at pleasure, the whole notion of governmental jurisdiction is reduced to 
a mere romance and nothing permanent, obligatory or binding in it, and 
therefore such a precedent^ inadmissable, as it would, if admitted to 
become general, destroy all order and decorum in the universe. 

It should be acknowledged that the Court of New-Hampshire, through 
the channel of their President's letter to Governor Chittenden, before 
inserted, 2 offered a number of reasons relative to the impropriety of this 
State's taking into union sixteen towns east of Connecticut river, which 
reasons are equally conclusive against the claim of New-Hampshire to 
the westward of the same river. Says Mr. Weave, their President : "Is 

^he proclamation of Benning Wentworth, surrendering the jurisdic- 
tion of the territory of Vermont to New York, seems to have been 
issued immediately after the order of the king of July 1764 was received, 
and before the proclamation of the Governor of New York of April 10 
1765.— See Ira Allen's History of Vermont, in Vt. Hist. Soc. Collections, 
Vol. I, p. 341; and Hiland Hall's Early Histovy, p. 478. 

2 See Vol. i, p. 414. 



Concise Refutation. 233 

" there any ascertaining the boundaries between any of the United States 
" of America but by the lines formerly established by the authority of 
" Great Britain ? I am sure there is not." This being admitted, we are 
equally sure New-Hampshire has no right to any territorial jurisdiction 
to the westward of said river. Notwithstanding, it appears that the 
Court of New-Hampshire, in the first place, plead the settlement of the 
line in 1764, as the main ground of their title to those sixteen towns 
aforesaid, (west of the Mason line) by which means they are included in 
their jurisdiction, and in a few months afterward break over the said line 
of 176i and lay claim to the State of Vermont, when at the same time 
nothing can be more apparent than that the same arguments by which 
they establish their claim to those said sixteen towns east of the river 
effectually bars their claim to the westward of the same river, and leaves 
the contested territory to be disputed between New-York and Vermont. 
"I am surprized," says the President, that "they," speaking of the in- 
habitants of this State, u should supply their enemies with arguments 
" against them, by their connecting themselves with people (having ref- 
" erence to those sixteen towns) whose circumstances are totally differ- 
" ent from their own, and who are actually members of the State of New- 
" Hampshire." This last clause, affirming that the inhabitants of those 
sixteen towns were actually members of the State of New-Hampshire, at 
the same time implicitly affirms that the inhabitants on the west side of 
the said river were not, which is fully explained in the preceding part 
of the same paragraph, viz. " whose circumstances are wholly different 
from their own," that is, the members of the State of Vermont, which is 
still further explained from another paragraph of the same letter, when, 
after stating the facts relative to the aforesaid union with those sixteen 
towns before frequently mentioned, says, " on which 1 am directed to 
"represent to you, and to desire it may be laid before the representatives 
" of your people." As this was addressed to the Governor of Vermont 
from the Court of New-Hampshire to be laid before the representative 
body or General Assembly in which the claim of New-Hampshire is 
clearly set up, and their right vindicated to a number of towns over 
which Vermont on a mistaken and wrong representation had encroached, 
upon the representation whereof, the General Court of the State of Ver- 
mont dissolved the Union as aforesaid and agreeable to the claim and re- 
quest of the Court of the State of New-Hampshire relinquished every 
connection, as a political body, with those sixteen towns east of Connec- 
ticut river. And thus the respective governments of New-Hampshire 
and Vermont having mutually settled their boundary line on the w r est 
banks of Connecticut river agreeable to the adjudication thereof in 1764 
between New-York and New-Hampshire cannot fail of opperating as a 
final bar against any subsequent claim of New-Hampshire to any part 
of the State of Vermont. For New-Hampshire made their claim and 
Vermont very readily closed with them and gave them their whole de- 
mands in which the minds of both governments met and the dispute 
naturally and necessarily ended, and it is but children's play for New- 
Hampshire to make a second demand on the State of Vermont ; for if 
one settlement is not decisive and binding, neither would a second be, 
a third, and so on ad infinitum. 

Previous to the Claims of Massachusetts-Bay and New-Hampshire to 
Vermont the simplicity of the inhabitants of this Government and their 
veneration for Congress was so great, that it is highly probable that they 
would have very frankly submitted the long controversy between them 
and New- York, to the final decision of the Congress of the United States, 
though at the same time they were far from an opinion that Congress 
had any legal inherent or constitutional right (exclusive of their own 



234 Appendix E. 

consent and approbation) so to do : But the recent claims of Massachu- 
setts-Bay and New-Hampshire in concert with New-York, and it is sus- 
pected in confederacy with each other to divide this State among those 
three governments has excited their apprehensions for though it may 
not prove a triple league as is imagined, it is at least a strong combina- 
tion of interests which will undoubtedly agree in the ruin of this State, 
whatever disputes may happen between themselves relative to the juris- 
diction thereof. And as to the States of Virginia, N. Carolina, and S. 
Carolina, whose territory's are immensely large, and whose interest it 
is to maintain their respective sovereignties over their extensive claims, 
which may in natural probability influence their delegates in Congress 
to oppose the independence of Vermont as it may in future operate" as a 
precedent to divide those large territories into different States, (not that 
it is apprehended by us that there is any similarity in the circumstances 
of this tract of country to any other part of America,) and thus from 
views of their own particular interests be very partial and biased judges 
of the right of Vermont to independence, and instead of judging on the 
principles of justice and equity which respects Vermont as opposed to 
the claims of Massachusetts-Bay, New-Hampshire and New-York, may 
rather determine the matters agreeable to their own ambition and in- 
terest, so that were Vermont to calmly submit their indubitable claim of 
independence to Congress, though they are as respectable a body as the 
world ever produced, it would be by no means certain that Vermont 
could have an impartial tryal ; as there may be many connections of in- 
terests very prejudicial to them which at present we cannot conceive of 
and which is out of our power to come at the knowledge of as this State 
is not represented in Congress. 

These things being premised and as the freemen of this State have 
never had any voice in electing, forming or creating Congress, as a polit- 
ical body, or had any representation therein; but have rather been mis- 
represented: And whereas this State held their charter of liberty from 
Heaven and not " of man or the will of man," [they] have upon a full 
and candid examination and consideration determined not to submit 
HEAVEN BORN FREEDOM to the arbitrament of any tribunal be- 
low the stars, which through infirmity might deprive them of it: But as 
they have closely embraced it in the most critical and hazardous times, 
are determined to hold it fast, except it be torn from them by the hand 
of power; which resolution we trust will be justified by the Court of 
Heaven, and commended by all true friends to the liberty and happiness 
of mankind. 

The following is an extract from the proceedings of the General As- 
sembly of Vermont at their session in October last, viz. 

Here followed the proceedings of the General Assembly of Vermont of 
Oct. 20 and 21 1779, on the resolutions of Congress of Sept. 24 1779, for 
which see ante, Appendix B, pp. 191, 192. 



appp:ndix f. 



MISSION OF IKA ALLEN TO NEW JERSEY, PENNSYLVA- 
NIA, DELAWARE, AND MARYLAND. 



In General Assembly of Vermont, Oct. 21, 1779. 

Resolved that an Agent be chosen to wait on the General Assemblies 
of the States of New-Jersey, Pennsylvania, the lower Counties on the Del- 
aware, [now Delaware,] and Maryland, and to transmit to them the pam- 
phlets entitled " a vindication of the [opposition of the] inhabitants of 
Vermont to the Government of New-York, &c." and to transact any 
other business with either of the said Assemblies as may be found 
necessary (in behalf of this State) and report to this Assembly. 

Chose for the above purpose the honorable Ira Allen Esq r - 

The letter of Ira Allen to the Council of Pennsylvania undoubtedly 
embraces substantially the representations made to the other states 
named in his commission, but it is deemed best to prefix, by way of 
introduction and further explanation of that letter, Allen's account of 
his mission given in his history of Vermont, which was as follows : 1 

To discover the several interests and dispositions of each State south 
of New-York, respecting the interest and independence of Vermont, 
and to shew the consequence of that State heretofore in the common 
cause, as well as to demonstrate the natural and divine right the people 
have to form a government for themselves, the General Assembly 
appointed Ira Allen, Esq. to attend the Legislatures of New Jersey, 
Pennsylvania, Delaware, Maryland, and other states, if time permitted, 
before the first of February, 1780, and on that day to be. at Philadelphia, 
and join Jonas Fay, Moses Robinson, and Stephen R. Bradley, as a 
committee, by the Assembly of Vermont appointed to wait on Congress, 
and shew the just claim the State had to be independent, and to hold 
the lands under New Hampshire Grants. 

Mr. Allen, according to his appointment, attended the Legislatures of 
the fore-named States, and distributed sundry pamphlets written in 
vindication of the claims and doings of Vermont. Many questions 
arose respecting the local interest of Vermont, by a junction with the 
other States, and their views, touching the unlocated lands, and the 
confiscated property of the royalists. It is to be observed, that a 
question subsisted in Congress, respecting the unappropriated lands, 
and the property of the loyalists, who had joined the enemy against the 
independence of the United States. These four States were of opinion 
that all property wrested from the king of Great Britain and his adhe- 

1 See Vt. Hist. Society Collections, Vol. i, pp. 405-407. 



236 Appendix F. 

rents, by the efforts of the people of the United States, ought to be 
disposed of for defraying the expences of the war, and not for the 
emolument of any one State in which it was situated or was claimed. 
These States (Pennsylvania excepted) had no claims of consequence in 
the west; neither had Vermont; therefore upon a similar interest, and 
on the assurance of Mr. Allen, that if Vermont was admitted to a seat 
in Congress, she would adhere to those principles, they seemed to wish 
to favour the interest of Vermont. Mr. Allen urged, that an account of 
the lands granted and confiscated in Vermont, should be accounted for 
as a small part of their unlocated lands and confiscated estates through- 
out the United States; that as partners in common and new beginners, 
it was necessary to make use of a part of their share for the common 
good, being very much exposed to the common enemy, from an extensive 
frontier contiguous to Champlain and Canada, and from whence erup- 
tions might easily be made into the State of New York, and the New 
England States, in case of rendering Vermont of no importance in the 
union; further, that the disposal of such lands and property furnished 
money to defray the expences in part of the war, helped to alleviate, in 
a considerable degree, the burthens of the people, and to strengthen the 
frontiers against the common enemy. These reasons, with the political 
consequence of Vermont in the capture of Ticondaroga, Crown Point, 
&c. and the cutting off the first wing of General Burgoyne's army, 
operated in a two-told degree, and had a salutary effect on Congress. 
On the first of February, 1780, the Commissioners from Vermont met at 
Philadelphia, but nothing conclusive was done, and the agents returned 
home, after having made official offers in behalf of the State, to bear full 
and just proportion of the expences of the war, on their being admitted 
to a seat in Congress. 

From February 1780, when it was supposed the Vermont question was 
to be decided, until Oct. 29 1782, contemporaneously with the prosecution 
of her claim to Vermont, New York labored persistently, skillfully and 
successfully, to deprive Vermont of the favor which Allen had gained in 
several of the states by means of the land question. Though New York 
failed at last in the controversy with Vermont, she gained the honor of 
making the first cession of western lands to the United States, and of 
forcing Virginia to follow her example, which settled the question in the 
other five land-claiming states. — See The Constitution, by W. Hickey, 
sixth edition, pp. 414-422; and Hiland Hall's Early History, pp. 316, 
403-414. 



Ira Allen to the Council of Pennsylvania. 1 

Philadelphia, Jan? 20th, 1780. 
Honored Sirs, — I doubt not but your Excellency, & most, if not all 
your Honors have heard more or less of the Controversy subsisting be- 
tween the State of New York on the one, & the State of Vermont on 
the other Part; and as it is thought by some to endanger the Internal 
Peace of America, I beg leave to make a few observations thereon; and 
first, said Controversy was occationed by the undue influence of Gover- 
nor Cold en and his adhearance [adherents] at the Rotten Court of Brit- 
ain, in 1764, by obtaining jurisdiction over that Part of the then Prov- 
ince of New Hampshire, situate to the west of Connecticut River, and 
by the undue Exercise of the same, in laying subsequent Pattens [pa- 

1 Pennsylvania Archives, Vol. vm, 1779-1781, p. 88. 



Ira Allen's Mission. 237 

tents] on those antisedantly derived from New Hampshire, in Prejudice 
to the first Grantees & Settlers, and by the undue Exercise of law to 
bring aboute their vile and mercinary Purposes, by which means the 
Contending Parties were greatly Exasperated towards each other, and 
had appealed to armes before the Present Revolution. 

At which time the Inhabitants of the now State of Vermont took an 
active Part with their Country, thinking to swallow up their old Quarrel 
with New York, in their General Conflict for Liberty. 

Since which time said Inhabitants have assumed to themselves 
(amongst the Powers of the Earth) that inestamable Blessing of Heaven, 
sivil Government (on the same Grand, Original, Basis, or Great Rule, 
of Eternal Right, that the other free States of America did, and on 
which a number of the Present Powers of Europe revolted from the 
Kingdoms to which they paid allegiance), and have Governed their In- 
ternal and External Police by the same more than three years. 

Yet the uneasy, and never-to-be-contented Citizens of New York, 
have Indeavoured to surprise Congress into a Determination of that 
Important Controversy in their favour, and as they would have it Ex- 
parta (Thereby to carry into Execution the reduction of Vermont, an 
Enterprise they attempted some years ago, and could not Effect, and 
which their own Militia seem not inclined to undertake,) which has 
Occationed the Governor and Council of Vermont to Publish a Vindica- 
tion of the Opposition of said Inhabitants to the Government of New 
York, and their right to assume Government, and exhibit some of said 
Vindications [the pamphlet of that title] to Congress, and to the Legis- 
lature of each of those States, and to the Principal Officers of the Con- 
tinental Army, for their Consideration. 

The Citizens of Vermont view themselves virtually in Union with the 
other free States of America, ever since they took Ticondaroga, Crown 
Point, &c, in favour of the UYited States, and have from the beginning 
of this War, and are still willing, to furnish their Quota of men in the 
field, and have offered to Congress to Pay their full Proportion of the 
Expence of the War, when the Policy of America will admit them [to] 
a seat in Congress. 

It is to be observed that this Controversy was not Occationed by the 
Present Revolution, But subsisted many years before, Consequently it 
doth not Equally Effect Congress to settle it, as tho. their own measures 
had given rise to it. The Citizens of Vermont will cheerfully submit to 
all the Disadvantages that doth, or may, attend them, by not having a 
seat in Congress, untill the Present troubles shall subside; Rather than 
to Crowde for it, while it might be thought Prejuditial to the Common 
weale of the American Empire; yet they consieve themselves justly 
intitled to a seat in Congress, and will not sell their Birth rite for a mess 
of Potage, as Profane Esau did. 

I am with due Respect, Your Excellencies & Honors 

most obedient Humb'le serv't, Ira Allen. 

N. B. In the vindication I herewith Exhibit, there is no mention 
made of the clames of the States of the Massachusetts Bay, or New 
Hampshire, as they were not announsed to Vermont on the 23d of 
August last, when said -Vindication was Published, But will be shortly 
done, and Published in a similar manner. I. A. 

Directed, 

To his Excellency Joseph Reed, Esqr., & Hon'ble Council. 

Indorsement, 

From Ira Allen, of the State of Vermont. Read in Council, January 
25. T. M., [Col. Timothy Matlack,] Secretary. 



APPENDIX G 



ACTION OF CONGKESS IN REFERENCE TO VERMONT, 
FEB. 7 TO OCT. 6 1780, AND LEGISLATIVE PROCEEDINGS 
AND DOCUMENTS CONNECTED THEREWITH. 



Feb. 1 1780 was the day assigned by Congress, by the resolution of 
Sept. 24 1779, for action on the claims of New York, New Hampshire, 
and Massachusetts to the jurisdiction of Vermont. On that day no 
action was had upon the subject, (in fact there is no record of any 
proceedings on that day in the journal,) but the agents of Vermont 
transmitted the following letter to the President of that body. 1 

Agents of Vermont to the President of Congress. 

Philadelphia, Feby- 1, 1780. 
Sir: — Inclosed your Excellency will receive a copy of an act of the 
Legislature of the State of Vermont, appointing and empowering Agents 
to appear and transact their political affairs at the Congress of the 
United States as a free and independent State. 2 Herewith likewise will 
be communicated to you '- A Vindication of the opposition of the inhab- 
itants ot Vermont to the government of New York,-' 3 and "Vermont's 
Appeal to the candid and impartial World," 4 published by order of the 
supreme executive authority thereof, the last of which contains some of 
the principal reasons upon which the inhabitants of Vermont acted, and 
their right in assuming government, with an address to the honorable 
American Congress in answer to their act of the 24 th of September last, 
together with a book containing a constitution and code of laws as 
established by the freemen of said State, and have only to add that we 

*In the Clinton Papers, No. 2714, covering this letter, it is stated that 
it was read in Congress Feb. 7 1780. The journal of Congress of that 
date, (Fol well's edition of 1800, Vol. vi, pp. 15, 16,) show that other 
papers on the subject were presented and read, but this letter is not 
mentioned. Probably the omission was an error of the transcriber or 
printer. 

2 See ante, Appendix B, p. 192. 3 See Vol. i, pp. 444-517. 4 See ante, 
Appendix D. 



Vermont Agents to Congress, 239 

are now in this town, and are ready with full powers on the part of the 
State of Vermont to close an equitable union with the other indepen- 
dent States of America, ind to pledge the faith of our constituents to pay 
a just proportion of the expence of the present war with Great Britain 
whenever a constitutional requisition therefor shall be made. 

Nevertheless we are not authorized, neither does the State whom we 
have the honor to represent view themselves holden to close with the 
terms of the resolutions of the 24 th of September aforesaid, for the 
reasons published in the Appeal referred to. But could the Honorable 
Congress pass over those reasons and determine that they have an 
uncontrolable right and power to compel Vermont to abide their deter- 
mination in the premises, yet they cannot conceive it to be just and 
equitable that such an important cause, in which not only property, but 
even liberty for which we have been so long contending, [are involved,] 
ought to be tried, and a final decision so hastily had thereon, on a footing 
so unequal as it must inevitably be, on the part of Vermont, if done at 
this time. 

All the evidence that can possibly be exhibited, as the case is now 
unfortunately placed, must be exparte, and that evidence which must 
finally prove the claim of New York and all others groundless upon their 
own stating, is at present out of our power, for if we are allowed proper 
time to prove that in consequence of our remonstrating and petitioning 
the court of Great Britain, that power had made a distinct government 
of the tract now comprehending the State of Vermont, and appointed 
Governor Skeene to preside over the same, previous to America's deny- 
ing its supremacy, it would silence all our enemies, and oblige every 
man, even those interested, to acknowledge that the State of Vermont 
had an equal right with the other American states to assume an inde- 
pendent government. 

And until we are allowed sufficient time to collect and publish our 
evidence, the freemen of Vermont can never voluntarily surrender those 
liberties which God and nature has vested them with, by reason of any 
partial adjudication, for if the claims of the one side are founded on ar- 
bitrary adjudications of the crown, of course a subsequent adjudication 
of the same power, respecting the premises, must render the former ad- 
judication null and void. 1 If they are built on a right of purchase they 

1 See biographical note on Col. Philip Skene, in Vol. i, p. 153. In 
Bradley's Appeal, Dec. 1779; Ethan Allen and Fay's Concise Befutation, 
Jan. 1780; Ethan and Ira Allen's Defence of Vermont in uniting with por- 
tions of New York and New Hampshire, Jan. 1782, and in Ira Allen's let- 
ter to Gen. Haldimand, July 1782, (for the last two documents see Vt. 
Historical Society Collections, Vol. II, pp. 238 and 283-4,) representations 
similar to the above were made concerning Skene's province or charter. 
It is evident that the representations of the Vermont Agents to Con- 
gress, and in Ira Allen's letter to Haldimand in July 1782, were made 
as pleas for delay; and it should be observed that in neither is it affirmed 
absolutely that a charter of the territory of Vermont was granted to 
Skene. The Agents said, " if we are allowed proper time to prove," &c; 
and Ira Allen said, u it is reported and generally believed in the colo- 
nies, that Governor Philip Skene had a charter," and he suggested that 
Haldimand should " write to Governor Skene for this charter so much 
wanted.'''' It must be admitted, however, that in Bradley's Appeal this 



240 Appendix G. 

must fail, for we possess that in exclusion of all others, being of a prior 
date and for a valuable consideration, which no other party can pretend 
to. If on a right of conquest, they fail. If on a right of settlement and 
occupancy, in this likewise, as well as on every principle of the law of 
nature and nations, they certainly fail. 

We sincerely lament that neighboring states, from local prejudices, or 
otherwise, should raise internal animosities during the severe contest 
with Great Britain, and thereby give fresh reasons to our common enemy 
to procrastinate the war, and unnecessarily continue the effusion of hu- 
man blood. And are, sir, your 

Excellency's most ob*- humble serv te - 

Jonas Fay, 
Moses Robinson, 
Stephen R. Bradley. 
His Excellency Samuel Huntington Esq. Prest. of Congress. 

matter was less cautiously stated, though there it was admitted that Ver- 
mont had no proof. The truth was probably given in Ira Allen's His- 
tory of Vermont. This was written and printed in London in 1798, and 
it is not presuming too much to say, that Allen would have procured a 
copy of Skene's charter if one had ever been granted. He did say, that 
the approaching revolutionary war [in 1774-5,] " put an end to the pro- 
posed negotiation." His account was as follows: 

Hence, in the year 1774, to get rid of the colony of New York, a plan 
was formed by Col. [Ethan] Allen, Mr. Amos Bird, and other principal 
characters among the people, in conjunction with Colonel Philip Skene, 
to have established a new royal colony, which was to contain the grants 
of New Hampshire, west of Connecticut River, and the country north 
of the Mohawk River, to latitude 45° north, and bounded west by Iro- 
quois River and Lake Ontario. 

Colonel Skene had been an officer in his Majesty's service, and had 
retired on a large patent of land lying at the south end of Lake Cham- 
plain, which was called Skenesboro', [Whitehall,] a proper scite for the 
capital of the new colony, of which he was proposed to be Governor. 

The honor and lucrative prospects thus presented to Colonel Skene, 
stimulated him to go to London at his own expence, to solicit the accom- 
plishment of an important object to individuals, and to the public: for 
had he succeeded, the people who had settled under the royal grants of 
New Hampshire would have been quiet, and relieved from the oppres- 
sive conduct of the Governor and Council of the colony of New York. 

Colonel Skene's first object, after his arrival in London, was to get 
himself appointed Governor of the garrisons of Ticonderoga and Crown 
Point, which being effected, his friends advised him that, to obtain the 
grand object in view, he should bring forward a petition from the people 
on the premises to the King and Privy Council, stating, that in order to 
restore harmony in the said district, and for the convenience of admin- 
istering justice in a department very remote and extensive, his Majesty 
would be pieased to establish the territory aforesaid, with colonial privi- 
leges, and appoint Colonel Philip Skene Governor thereof. 

Information of these matters was transmitted from London to the peo- 
ple of the said district; but the calamity of an approaching war in Amer- 
ica put an end to the proposed negociation for a royal colony, that was 
to surround that important water Lake Champlain. — See Vt. Historical 
Society Collections, Vol. i, pp. 360, 361. 



Vermont Question in Congress, Feb. 1780. 241 

Proceedings of Congress. 

Monday, February 7, 1780. 1 

Mr. Samuel Livermore, a delegate from New Hampshire, attended 
and produced the credentials of his appointment, which were read. 

The delegates of Massachusetts-Bay laid before Congress their Com- 
mission and instructions, which were read. 

A representation from Peter Alcot [Olcott,] and Bezaleel Woodward, 
stiling themselves agents from the greater part of the towns in the 
northern district of the New Hampshire grants, on both sides of Con- 
necticut river, and between the heights of land on the two sides, accom- 
panied with a paper, signed " Joseph Marsh, Chairman of said Conven- 
tion," purporting to be powers granted them by a convention of mem- 
bers from the towns aforesaid, were read. 

An act of the legislature of the state of New Hampshire was laid be- 
fore Congress, and read, as follows: [Here followed the act, which submit- 
ted the claim of New Hampshire to the territory of Vermont to the de- 
cision of Congress.] 



The two documents referred to in the journal of Congress of Feb. 7 
1780 are as follows. To these the editor has added other documents 
which were presented to Congress but are not named in the printed 
journal. 

Credentials of Peter Olcott and Bezaleel Woodward* 

To Peter Olcott and Bezaleel Woodward, Esquires, Gentlemen: 

Pursuant to a Vote of a Convention of Members from the towns in 
the northern parts of the New Hampshire Grants on both sides of Con- 
necticut river, being part of the district known by the name of the State 
of Vermont, on the seventh day of december last, — You are authorized 
and empowered jointly or individually to appear as Agents for the people 
in this part of the Grants at the hearing proposed by certain resolutions 
of the honorable Continental Congress of the 24 th of Sept. last to be had 
before them on the first day of Feb^ next respecting the disputes and 
differences relative to jurisdiction betwixt the States of New Hampshire, 
Massachusetts Bay and New York on the one part and the people of the 
said New Hampshire Grants who claim to be a separate jurisdiction on 
the other part. You are to act for the people in this part in all matters 
relative to said Grants which shall come under the consideration of 
Congress, or any court to be appointed agreeable to said resolves, and 
therein to pursue the objects which have heretofore been pointed out to 
Congress by said Convention and by the people in this part of the Grants 
so far as the state of matters at the trial shall in your opinion admit. 3 
P order, Joseph Marsh, Chairman 

of said Committee. 
[Endorsed] 

New-Hampshire Grants Jan? 1 st A. D. 1780. 

1 From the Journals of Congress, Folwell's edition, 1780-81, Vol. vi, 
p. 15. 

2 JST. H. Grants, Vol. i, No. 40, p. 309, in Archives of the State Depart- 
ment, Washington. 

3 See Appendix B; and also the Representation presented to Congress 
Aug. 1779 by Peter Olcott, post, p. 244. 

17 



242 Appendix G. 

Bepresentation of Peter Olcott and Beza. Woodward to Congress.* 

To his Excellency the President and the honorable Members of the 

Congress of the United States of North America: 

Peter Olcott and Bezaleel Woodward Agents for the greater part of 
the towns in the northern destrict of the New Hampshire Grants on 
both sides of Connecticut River, and between the heights of land on the 
two sides, Humbly beg leave to represent 

That our Constituents by their Agent in the month of August last laid 
before a Committee of Congress sundry papers relative to the political 
situation, to which we beg leave to refer in the hearing relative to said 
Grants; the great object of which is to communicate the earnest desire 
of the Inhabitants in the northern destrict from Connecticut river to the 
highlands on each side that they may not be subjected to separate juris- 
diction, and that in case Congress shall see fit to approve an establish- 
ment of a new State on the Grants, that the whole so far as the high- 
lands east of the river may be included in it — otherwise that the whole 
of the Grants be annexed to New Hampshire — as they conceive a divis- 
ional line at the river will be injurious not only to the interest of the 
inhabitants but also to the public weal. 

For the following reasons — 

1. The inhabitants on both sides of the river received grants of their 
lands and charters of incorporation from New Hampshire, which they 
apprehended gave them good reason to expect to be continued subjects 
of one and the same State, as they were by their incorporations entitled 
to the same privileges, which could not (after being granted) be justly 
taken from them without their consent. The decree in the year one 
thousand seven hundred and sixty four by which the inhabitants on the two 
sides of the river were subjected to separate jurisdictions, viz: one part 
to New York while the other part was continued subject to New Hamp- 
shire, was passed without any previous notice to the inhabitants who 
were most immediately interested in the matter, to whom it was both 
grievous and injurious, and who never acquiesced therein — and as it was 
rendered efficacious only by that arbitrary power which has in vain at- 
tempted to enslave the United States, the inhabitants conceive that the 
operation of it cannot be fairly construed to continue since the declara- 
tion of independence. 

2. The situation of the country in respect to means of communica- 
tion is such as renders a division at the river greatly injurious to the 
inhabitants. The range of mountains on the west side and highlands 
on the east side, at the distance of about twenty miles, extend through 
the Grants from north to south near one hundred and fifty miles, the 
valley betwixt which heights is at the river, which will ever occasion 
the principal communication and traffic of that part of the country to 
center at the river — therefore a line at the river will bring the center of 
that business to the extreme parts of the two staies; which must ever 
be inconvenient in a country situated as that is. 

3. To have a line at the river will throw each part into a very 
incommodious situation in respect to government. In that case the 
State must be about one hundred and fifty miles in length from north to 
south and not more than from forty to fifty miles in width east and west 
through the longest extent of which from north to south is a range of 
mountains which will bring the body of inhabitants on the two extreme 
parts, render a management of their political affairs very inconvenient 
and ever have a tendency to create divisions and parties among them. 

1 JV. H. Grants, Vol. I, No. 40, p. 319, in Archives of the State De- 
partment, Washington. 



Vermont Question in Congress, Feb. 1780. 243 

Again if a State be formed west of the river only, county business in 
that and New Hampshire must center either at the extremities of the 
States, or on the heights of land remote from the principal part of inhab- 
itants. 

4. The coincident sentiments of the people on the Grants on both 
sides bf the river in respect to government and their desires to be 
united point out the inexpediency of a division at the river. 

We think ourselves warranted to assure Congress that for the fore- 
going and other reasons a large majority of inhabitants on either side of 
the river are desirous of an establishment of an union of the whole 
and that no division be made at the river. 

Our Constituents rejoice at the interposition of Congress in the affair, 
and their assurance of a speedy issue of the contest, by the continuance 
of which they have been involved in innumerable difficulties; and mean 
to govern themselves according to the resolutions of Congress on the 
premises. 

We entreat a decision on the subject as soon as Congress in their 
wisdom can judge expedient, as every delay is productive of new con- 
fusions and animosities among the people. 

And as in duty bound shall ever pray. 

Peter Olcott, 

Philadelphia Feb. 1 st 1780. Beza. Woodward. 

[Endorsed] 

Messrs. Olcott & Woodward Representation 
Read Feb?- 7 1780. 



Letter of Messrs. Fay, Robinson, and Bradley, to the President of 

Congress} 

Philadelphia, Feby- 5 th 1780. 
Sir, — In pursuance of our appointment from the State of Vermont, 
we have, in discharge of our betrustment, waited on the Grand Council 
of the United States of America; have delivered to them a Copy of our 
Credentials, empowering us to close a Union and Confederation with 
the other States & c - And are now about to take our leave of this city 
to meet the Assembly of the State we represent, which are shortly to 
convene to adopt measures for protecting our infant frontiers, and 
vigorously prosecuting the War against our common enemy. 

We are assured that nothing on our part shall deter us, from spiritedly 
opposing the Savages of the Wilderness or the power of G. Britain. 
And have full confidence that neither States or individuals, that are 
attached to the American cause, can wish to divert us from our fixed 
purpose. And shall ever stand ready to acquiesce in any requisition 
made by Congress, not incompatible with our own internal police. 
And are with the highest sentiments of esteem 

Your Excellency's most humble Servants, 
Jonas Fay, 
Moses Robinson, 
Stephen R. Bradley. 
His Excellency Samuel Huntington Esq. President Congress. 

[Endorsed] 
Read Feb^ 7 1780. 

1 JV. H. Grants, Vol. 1, No. 40, p. 315, in Archives of State Department, 
Washington. 



244 Appendix G-. 

Representation of inhabitants of Hartford, Norwich, Sharon, Royalton, 
Fairlee, Newbury, and Barnet, presented by Peter Olcott to Congress 
in August 1779, and again presented Feb. 8 1780. 1 
To the honorable the Congress of the United American States: 

The inhabitants of the under mentioned Towns on the New Hamp- 
shire Grants west of Connecticut River and east of the Green Mountains 
so called, Humbly beg leave to represent 

That about the time of the declaration of independence of the united 
States, sundry persons from the western part of the said Grants made 
known to us that the inhabitants west of the Green Mountains were 
very desirous of having a new State formed on the said New Hampshire 
Grants — that many among us expressed our willingness for such an 
event in case the Grants east of Connecticut river might join us in 
pursuing that object, as we have ever thought their circumstances in 
almost every respect similar to ours — they having received the grant of 
their landed property in the same channel, their manners and habits the 
same, and the local situation of the country such as makes it very 
inconvenient for us to be divided from them &c. — That we were by an 
arbitrary decree of the King unjustly deprived of that union with the 
Grants east of the river, and that we are well assured the Grants in 
general have ever been desirous of having it. restored and influenced 
principally by a prospect of such union a considerable number of towns 
from among us did unite with the inhabitants west of the green moun- 
tains in forming a constitution for a State. — That the towns on the 
Grants east of Connecticut River were about the same time invited to 
join in pursuing that object and in conformity to said invitation a 
number of towns east of the river were in the month of June last 
received into union with said new State (then known by the name of 
Vermont) by a resolve of the Assembly, the members thereof being 
previously instructed so to do. That said Assembly have since in 
violation of their faith and honor, deprived the towns east of the river 
of their protection and actually extinguished the union with them. In 
consequence whereof a large number of the members of the council and 
Assembly have withdrawn their connection with that Assembly, to the 
very general approbation of their constituents. That the said Assembly 
have ordered a confiscation of the estates of those persons called tories, 
and have actually disposed of lands in that way to a very great amount, 
and have sold many estates for but little more than half their real 
value, of which they have given deeds in the name and behalf of the 
freemen of said State and appropriated the avails to many frivolous and 
unnecessary purposes, instead of depositing them in continental loan 
offices agreeable to a resolve of Congress. Since the withdraw of those 
members they have resolved to dispose of more than one hundred 
thousand acres gratis to particular favorites without any advantage 
accruing thereby to the good people in general. 2 That from an appre- 
hension of danger to the liberties of the people from designing and 
ambitious men and for other important reasons a considerable number of 
towns east of the said green mountains and west of the river have ever 
from the first refused to unite with said State or own allegiance thereto — 
So that for the reasons foregoing and others too numerous to mention, 
the towns which had united with said State having withdrawn their 

1 JT. H. Grants, Vol. 1, No. 40, p. 311, in Archives of the State Depart- 
ment, Washington. 

2 The editor is aware of no evidence anywhere of such a disposal of 
land by the State. 



Vermont Question in Congress, Feb. 1780. 245 

connection with it, there now remain but very few towns east of said 
mountains which continue connected with said State or own any 
allegiance thereto. 

Notwithstanding all which we are assured that the members who 
continue to act in assembly have last month appointed a Committee to 
apply to Congress for an establishment of a State on the said Grants 
west of Connecticut river, which in the present situation of affairs we 
beg leave to represent that we utterly refuse our compliance with. 

We therefore humbly pray that Congress will be pleased to do nothing 
relative thereto which may in the least encourage the establishment of 
a State under those disagreeable circumstances, but on the contrary that 
they will in some way express their disapprobation of it, and grant such 
relief to their injured petitioners as in their wisdom may seem fit. And 
that previous to a determination relative to said State we may have 
proper notice and opportunity more fully to show our reasons why a new 
State under present circumstances ought not to be established. 

And your petitioners as in duty bound shall ever pray. 
New Hampshire Grants, > 
March A. D. 1779. J" 

An original petition of which the foregoing is a copy, and which is 
regularly certified to have been voted by the inhabitants of the towns of 
Hartford, Norwich, Sharon, Koyalton, Farlee, Newbury and Barnet on 
said Grants, was in the month of August last delivered by the subscri- 
ber to the Committee of Congress on the affairs of the New Hampshire 
Grants, to be by them communicated to Congress. 

Peter Olcott, Agent 

Feby 8, 1780. of the Inhabitants on said Grants. 



Messrs. Olcott and Woodward to the President of Congress. 1 

Philadelphia, Feb. 17 th A. D. 1780. 
Sir, — May it please your Excellency. 

As we are informed that the papers referred to in our petition to 
Congress of the first instant are not in the Secretary's office, we beg 
leave in this way to exhibit copies of those which we view as most mate- 
rial in the stating our case in the hearing relative to the New Hamp- 
shire Grants. 

We have the honor to be, with highest sentiments of duty and respect, 
Your Excellency's most obedient 

and most humble servants, 

Peter Olcott, 
Beza. Woodward. 
His .Excellency Samuel Huntington Esq. 

President of Congress. 2 



Feb. 9 1780, the delegates from New-York wrote to Gov. Clinton rec- 
ommending " an accommodation of the dispute with New-Hampshire." 
Alarmed by this, the N. Y. Assembly on the 22d of Feb. required James 

1 JV. H. Grants, Yol. 1, No. 40, p. 323, in Archives of the State De- 
partment, Washington. 

2 The documents referred to here, and also in the " Eepresentation " 
dated Feb. 1 1780, were doubtless the papers presented to Congress by 
Gen. Olcott in 1779, for which see Appendix B. 



246 Appendix Cr. 

Duane or John Morin Scott " to proceed to Congress with all possible 
dispatch." Mr. Scott took his seat in Congress March 6, and Philip 
Schuyler on the 7th; on which day also R. R. Livingston presented a 
resolution of New York extending his term until the first of October. 



In Congress, Thursday, March 2, 1780. 1 
Besolved, That Tuesday next be assigned for taking into consideration 
the disputes and differences relative to the jurisdiction of the states of 
New-York, Massachusetts-Bay, and New-Hampshire, or such of them 
as have passed laws agreeable to a recommendation of Congress of the 
24th of September last, on one part, and the people of a certain district 
of country called the New-Hampshire Grants, who claim to be a separate 
jurisdiction, on the other part 

Massachusetts had passed no act under the resolution of Sept. 24 1779. 
The question should have been taken up by Congress on the 7th of 
March, but it was not considered until the 21st, when it was postponed 
necessarily, as appears from the following: 

In Congress, Tuesday, March 21, 1780. 2 

On motion to proceed to the order of the day for taking into conside- 
ration the disputes and differences relative to the jurisdiction of the 
states of New-York, Massachusetts-Bay and New-Hampshire, or such 
of them as have passed laws, agreeably to a recommendation of Con- 
gress of the 24th of September last, on the one part, and the people of a 
certain tract of country called the New-Hampshire Grants, who claim to 
be a separate jurisdiction, on the other part: 

Ordered, That the same be postponed, nine states, exclusive of those 
who are parties to the question, not being represented in Congress. 

April 17 1780, Mr. Folsom, a delegate in Congress for New Hamp- 
shire, writing to Josiah Bartlett, said: "As to Vermont, there were sev- 
eral violent attempts by the delegates of New T -York and New-Hamp- 
shire to bring the matter before Congress, but without the least appear- 
ance of success. I have no expectation of any settlement till after the 
war is over, if I can believe the present members." — H. Hall's Early 
History, p. 305. 



Besolutions of Congress adopted June 2, 1780. 

Friday, June 2, 1780. 3 
Congress resumed the consideration of the report of the committee on 
sundry papers respecting the New-Hampshire Grants, and thereupon 
came to the following resolutions: 

Whereas it is represented to Congress, and by authentic evidence laid 
before them it appears, that the people inhabiting the district of country, 
commonly known by the name of the New-Hampshire Grants, and 
claiming 'to be an independent slate, have, notwithstanding the resolu- 
tions of Congress of the 24th of September, and 2d of October, pro- 

1 Journals of Congress, Folwell's edition, 1780-81, Vol. VI, p. 26. 
3 Same, p. 34. 
3 Same, p. 50, 



Vermont Question in Congress, June 1780. 247 

ceeded as a separate government to make grants of lands and sales of 
estates by them declared forfeited and confiscated; and have also in di- 
vers instances, exercised civil and military authority over the persons 
and effects of sundry inhabitants within the said district, who profess 
themselves to be citizens of and to owe allegiance to the state of New- 
York: 

Resolved, That the acts and proceedings of the people inhabiting the 
said district, and claiming to be an independent state as aforesaid, in 
contravening the good intentions of said resolutions of the 24th of Sep- 
tember and the 2d of October last, are highly unwarrantable, and sub- 
versive of the peace and welfare of the United States. 

That the people inhabiting the said district, and claiming to be an in- 
dependent state as aforesaid, be and they hereby are strictly required to 
forbear and abstain from all acts of authority, civil or military, over the 
inhabitants of any town or district who hold themselves to be subjects 
of and to owe allegiance to any of the states claiming jurisdiction of the 
said territory, in whole or in part, until the decisions and determina- 
tions in the resolution aforementioned shall be made. 

And whereas the states of New-Hampshire and New- York have com- 
plied with the said resolutions of the 24th of September and the 2d of 
October last, and by their agents and delegates in Congress declared 
themselves ready to proceed in supporting their respective rights to the 
jurisdiction of the district aforesaid, in whole or in part, according to 
their several claims, and in the mode prescribed in the said resolutions: 
and whereas Congress, by their order of the 21st of March last, did post- 
pone the consideration of the subject of the said resolutions, nine states 
exclusive of those who were parties to the question not being repre- 
sented; and by their order of the 17th of May last 1 have directed that 
letters be written to the states not represented, requesting them imme- 
diately to send forward a representation: 

Besolved, That Congress will, as soon as nine States exclusive of those 
who are parties to the controversy shall be represented, proceed to hear 
and examine into and finally determine the disputes and differences rel- 
ative to jurisdiction between the three states of New-Hampshire, Mas- 
sachusetts-Bay and New-York, respectively, or such of them as shall 
have passed such laws as are mentioned in the said resolutions of the 
24th of September and the 2d of October last, on the one part, and the 
people of the district aforesaid, who claim to be a separate jurisdiction, 
on the other, in the mode prescribed in and by the said resolutions. 



Joseph Marsh to the President of Congress on Vermont affairs, April 12 

17S0. 2 

New Hampshire Grants, Dresden, 12 Apr. 1780. 
Sir, — May it please your Excellency: 

A continuation of the unsettled and unhappy state of affairs in the 
New Hampshire Grants on Connecticut River induces us to trouble 
Congress with this on the subject. 

The people on said Grants in consequence of the resolves of Congress 
of the 24 th Sept. last flattered themselves with the prospect of being soon 

1 The record of Congress of that date, Folwell's edition, does not con- 
tain this order. 

2 New Hamp. Grants, Vol. 1, No. 40, p. 325, in the Archives of the 
State Department, Washington. 



248 , Appendix G-. 

happy in the enjoyment of civil government; — the want of which at 
present so greatly threatens their prosperity and tranquility. 

By the positive determination and assurance in said resolves of 
Congress the people were confident that a final settlement would soon 
take place and are not a little distressed that the affair is still postponed 
—as they with reason greatly fear the unhappy consequences of our 
broken situation. 

There being such a variety of parties in the country in favor of the 
different claims of jurisdiction renders it impracticable to conduct the 
concerns of civil society with any tolerable regularity— but what is of 
still greater moment and concern is that should this quarter (which is 
principly a frontier) be attacked by y e enemy from Canada our disunion 
is such that devastation and ruin would in all probability be the conse- 
quence, whereas were these difficulties adjusted by Congress and we 
assured of what jurisdiction we ought to submit to we might contribute 
considerable force against the common enemy. 

Perhaps Congress are not availed of the dangerous and alarming steps 
taken by the Assembly of that territory called Vermont — we say 
dangerous and alarming as we apprehend a foundation is laying not 
only for private but general disturbances. At their last session charters 
of several townships were granted — some to officers of the army & 
others to gentlemen of different States. These measures we apprehend 
are big with consequences which may be extensively detrimental. We 
take the liberty of repeating our earnest desire that the difficulties 
above hinted at may be under the wise direction of Congress settled as 
speedily as possible. 

I write this in behalf of the general committee in the northern district 
of the New Hampshire Grants contiguous to Connecticut Elver — and 
have the honor to be with the highest sentiments of duty and esteem 
Your Excellency's most obedient 

and most humble servant, 

Joseph Marsh, Chairman. 
His Excellency Sam 1 - Huntington Esq. President of Congress. 
[Endorsed] 

Eead June 5, 1780. 

In Congress, Friday, June 9, 1780. 1 

Nine states represented, exclusive of New-Hampshire, Massachusetts- 
Bay and New-York. 

A motion was made by Mr. Livingston, seconded by Mr. Scott, [both of 
New York,] agreeably to the resolution of the 2d instant, to proceed to 
hear and examine into and finally determine the disputes and differences 
relative to jurisdiction between the three states of New- Hampshire, 
Massachusetts-Bay and New-York, respectively, or such of them as shall 
have passed such laws as are mentioned in the resolutions of the 24th 
of September and 2d of October last, on the one part, and the people of 
the district commonly known by the name of the New-Hampshire 
Grants, who claim to be a separate jurisdiction, on the other, in the 
mode prescribed in and by the said resolution. 

But it being represented on the part of New-Hampshire, that the 
agent specially appointed for that business, is not now present, and, 
from the great distance, cannot soon attend Congress, 

On motion of Mr. Walton [of Georgia,] seconded by Mr. Folsom [of 
New Hampshire,] 

1 Journals of Congress, Fol well's edition, 1780-81, Vol. vi, p. 58. 



Vermont Question in Congress, Sept. 1780. 249 

Ordered, That the second Tuesday in September next be assigned to 
proceed to hear and examine into and finally determine the disputes and 
differences relative to jurisdiction, between the three states of New- 
Hampshire, Massachusetts-Bay and New- York, respectively, or such of 
them as shall have passed such laws as are mentioned in the resolutions 
of the 24th of September and 2d of October last, on the one part, and 
the people of the district commonly known by the name of the New- 
Hampshire Grants, who claim to be a separate jurisdiction, on the other, 
in the mode prescribed in and by the feaid resolutions. 

Ordered, That copies of the aforegoing order be sent to the States of 
New-York, New-Hampshire and Massachusetts-Bay, and to the people 
of the district aforesaid. 



Proceedings in Con guess on the Vermont question in Sep- 
tember 1780, and Documents connected therewith. 

Evidently the following document was presented to Congress in 
anticipation of the promised action of that body in September 1780 — at 
what date, however, does not appear. It is here inserted in the order 
of its date. 

Letter of Joseph Marsh, Peter Olcott, and Beza. Woodward to the Presi- 
dent of Congress. 1 
Dresden on the New Hampshire Grants, ) 
July 20, A. D. 1780. J" 
Sir, — May it please your Excellency: 

We are sensible Congress have reason to expect their resolves of 
the first of June last would have such influence that the people on these 
grants might wait patiently their decisions respecting them; but such is 
the disposition of those who have assumed an independent jurisdiction 
that not only their measures but professions are in direct opposition to 
those resolves. They have ever since their sessions in March been as- 
siduous to obtain surveys of the ungranted lands and have now sundry 
parties of men out for that purpose, who instead of resting matters are 
hastened on account of the late resolves of Congress with a view to ob- 
tain surveys of the whole before the sessions of their assembly in Octo- 
ber next, and we understand are determined at that time to make grants 
of the whole to such persons as they shall apprehend will be most useful 
to assist in an establishment of a new State, and thereby at one stroke 
prevent an occasion for any further prohibition of Congress, purchase 
advocates in adjacent States and procure supplies of money to accom- 
plish their purposes. They are also taking like speedy measures in con- 
fiscating estates of persons whom they are pleased to call tories; in re- 
spect to which it ought to be noted that their virulence is most poignant 
against those friends to order who oppose their rash procedures. 

Vast numbers are continually making application tor lands, and be- 
come advocates for their establishment in order to obtain them. Agents 
are at the same time employed to impress the minds of the people with 
an apprehension that Congress are conscious they have no right to de- 
cide the question in respect to their being an independent state and 
mean to postpone it from time to time, that they may establish it them- 
selves, and construe every delay in that light. And experience shows 
that such suggestions however ill-grounded have too much influence. 

1 N. H. Grants, Vol. 1, No. 40, p. 341, in Archives of the State Depart- 
ment, Washington. 



250 Appendix G. 

In short no measures are omitted which may tend to weaken the author- 
ity of Congress in the minds of the people and destroy the salutary in- 
fluence of their late resolves, which they say were passed -only to quiet 
lew York, till they can establish their state" 

New Hampshire continue to call on those towns east of the river (who 
have connected themselves with those west) for men money and provis- 
ions, but as there is no authority to which they can consistently own 
allegiance, till Congress decide the dispute, and as they know not any 
right which New Hampshire (rather than the Massachusetts or New 
York) have to call on them consistent with the resolves of Congress on 
the subject in Sep'r last, they do not comply with their orders in respect 
to paying taxes, and think it unreasonable that a proposition 1 be allotted 
to them, till they are put in a condition to perform it, which can be done 
only by the decision of Congress; they are [as] zealously affected in the 
contest with Great Britain as any part of America — have ever had their 
quota of men as full as any part, and are now exerting themselves to 
raise their quota of recruits, from a sense of the importance of the cause; 
but can nut act with that vigor as though the dispute respecting the 
grants was decided. 

The people in these parts mean to abide the decision of Congress and 
abhor the sentiments of those who deny their right. — They will cheer- 
fully acquiesce in anything Congress may judge proper, but ardently 
wish a union of the two sides of the river. New Hampshire will be 
their choice, if a new state be not admitted, which they have generally 
done expecting. 

We entreat a speedy decision in respect to a new state, and in case 
one is not admitted, that commissioners may come into the territory to 
decide the claim of the other States, as we apprehend the future happi- 
ness of the inhabitants who are most nearly interested ought to be 
consulted, inasmuch as they will be principally affected by that decision. 

We add nothing in respect to the merits of the case, as we have 
already laid our own submission and representation of the matter before 
Congress last winter; which we trust will be considered in its place. 

A decision to be published on the Grants before a new election of 
officers. in Vermont (in the beginning of Sep'r) is greatly desired, and in 
our view absolutely necessary before a meeting of their Assembly (the 
beginning of Oct'r) in order to prevent their involving hundreds of 
people in inextricable difficulties, by purchasing their grants of land. 

More than thirty thousand people on these grants must be involved in 
difficulties while the matter is delayed, and the eyes of the greater part 
are to Congress for relief; and unless it can be speedily obtained we are 
undone. 

We write in behalf of the inhabitants in the northern part on both 
sides of Connecticut river; and have the honor to be with the highest 
sentiments of duty and esteem, Sir, 

Your Excellency's most obedient and most humble Servants, 

Joseph Marsh, 
Peter Olcott, )■ Committee. 
Beza. Woodward, 

His Excellency the President of Congress. 

1 Proportion perhaps was the word intended. 



Vermont Question in Congress, Sept. 1780. 251 

Bez. Woodward's petition in behalf of people above Charlestown, JV. H. 

Grants. 1 

[By order of a Convention holden at Dresden Aug. 30 1780.] 

To His Excellency the President and the Honorable Members of the 

Congress of the United States of North America — Humbly sheweth 
The petition of the principle inhabitants on Connecticut river on 
both sides and northward of Charleston, met in a convention at Dresden 
on the New Hampshire Grants August 30 th 1780 — 

That the union of Canada with the united States is in our opinion of 
the greatest importance to them for the following reasons viz: there is 
but one seaport in that country which we shall ever have need to defend, 
yet good water carriage for near two thousand miles, stretching itself in 
a circular manner round the thirteen united States, through an excellent 
country of land, great part of which is inhabited by savages, whose furr 
and skin trade produces to our enemies an annual profit which is 
immense. 

The annual produce of wheat in that country for exportation is very 
great, by which the British armies in America receive essential advan- 
tage. The capture of that country will be a leading step towards 
securing to the united States the profit of the fish, oil &c. produced at 
and near the S*- Lawrence, which would be a greatly beneficial acquisi- 
tion. While they hold possession of Canada, our frontier must be very 
extensive, and the savages at their command, and we had almost said 
the enemy destroy and take yearly from the frontiers bordering on 
Canada as much in value as the cost of reducing and holding that 
country. We are sure the defence of our frontiers costs more. 

The securing that country in our favor will be the only effectual 
means to enable us to secure those of Ohio and Missisipi both on 
account of obtaining in that way the interest of the savages in our 
favor and as the conveyance for the enemy (while they hold possession 
of Canada) of men, ammunition and provisions to those parts is not 
only as easy but more expeditious and safe by the waters St. Lawrence 
than by the Gulf of Mexico. And in our opinion those countries cannot 
otherwise be effectually secured. By obtaining Canada we add to our 
force thirty thousand fighting men and destroy the efficacy of the bill 
passed in the British parliament in the year 1774 for extending the 
province of Quebec which includes the province of Main and great part 
of New Hampshire, these Grants &c, the establishment of which is 
without doubt the main object of the enemy in taking & holding posses- 
sion at Penobscot, and within the extent of which the united States 
have not a single fortress to cover their claim in opposition to that of 
the British. In short that bill is so extensive that should it be estab- 
lished the united States would have little or nothing left worth contend- 
ing for, and we see not how it can be effectually destroyed but by a 
union of Canada with them. 

The body of inabitants in that country are desirous of such union and 
unless it can be bro't about speedily by sending a force into Canada they 
will be under necessity to take an active part against us, which they 
have hitherto avoided. 

The whole force of Britain now in arms in Canada at all their posts 
from Quebec to Detroit including one thousand five hundred tories and 
Indians (who are continually roving and destroying our frontiers) does 
not exceed five thousand men, one thousand are stationed in the district 

l J¥. H. Grants, Vol. I, No. 40, p. 559, in the Archives of the State De- 
partment, Washington. 



252 Appendix G. 

of Montreal, and six hundred of the rovers have that district forjtheir 
head quarters. 

The communication from the settlements on this river to St. Charles 
on Chamblee river is easy — the road already opened more than half the 
way, the rest may be opened at very little expence, and the whole will be 
very good — the distance about one hundred miles. 

A good commander with few continental troops in addition to such 
volun tiers as may be raised for that purpose on these Grants and in the 
New England States, with a suitable quantity of arms and ammunition 
to furnish those Canadians who are now eager for such an expedition 
and will at once join us on arrival of an army there, will easily take pos- 
session of and keep the district of Montreal, and that being secured, the 
country above even to and beyond the Western lakes must soon submit 
to the united states. 

Your petitioners are confident that fifteen hundred men from these 
Grants will turn out (if called for) to assist in taking possession of that 
country. They can and will chearfully furnish five hundred horses, one 
hundred teams and ten thousand bushels of wheat, and more if neces- 
sary, also such other grain as may be wanted on the credit of the conti- 
nent, from the district of country between the heights on the two sides 
of Connecticut river and north of the Massachusetts Bay, the inhabi- 
tants of which (more than five thousand families) are now cheifly obliged 
to hold the sword in one hand and tools for husbandry in the other, and 
probably must continue so to do till that country is reduced, unless we 
have a large continental force continually supported here to defend us 
from their ravages, as our frontier is very extensive. 

We therefore humbly pray that Congress will be pleased to order an 
expedition into Canada by the middle of September next, or as soon as 
possible and publish a recommendation to the people on the Grants and 
to the New England States for voluntiers to join such continental forces 
as shall be sent on the expedition and that we make ready necessary 
provisions which your petitioners will chearfully comply with to the ut- 
most of their power. 

And as in duty bound shall ever pray &c. 

Per order of the Convention, 

Beza. Woodward, Clerk. 



Beza. Woodward as to \_Gen. Peter'] Olcott being a delegate in Congress. 1 
Dresden on the New Hampshire Grants, ? 
August 31 st 1780. I 

May it please your Excellency. — Col. Olcott [is] again appointed agent 
in behalf of the people on both sides Connecticut river from Charleston 
upward in the dispute betwixt the claiming States and the N. Hamp- 
shire Grants. 2 — We entreat that a determination of the question " Whether 
a new State be allowed on the Grants " may be deferred no longer, as 
every confusion is taking place among the people and will continue 
while that point is unsettled, of which he can give particular information 
and to whom we beg leave to refer Congress. 

We trust our petition by our agents last winter and the committees 
letter of the 20 th ult. will be brought to the view of Congress when the 

1 iV. H. Grants, Vol. 1, No. 40, p. 361, in the Archives of the State De- 
partment, Washington. 

2 Appointed by the Convention at Dresden, Aug. 30 1780. — See pre- 
ceding document. 



Vermont Question in Congress, Sept. 1780. 253 

trial comes on. There is no one point in which the people can agree so 
well as in an union with N. Hampshire in case the whole on both sides 
of the river shall not be permitted to unite in a new State which the 
body of the people have now done expecting [two or three words 
erased.] We would however entreat that after the determination that a 
new State be not admitted the people may be called upon to show which 
of the States they wish to be united with, as the happiness and prosperity 
of the inhabitants will greatly depend on their being gratified in that re- 
spect; such a measure also will have the most effectual tendency to pro- 
cure an universal acquiescence in the resolves of Congress respecting 
the matter, as it will evidence a tender concern in Congress for their 
well-fare. 

Great numbers think they have an undoubted right to demand a union 
with New Hampshire, by virtue of the compact made with them by the 
King in the grants he made of the lands by the governor of New Hamp- 
shire. 

It lias been suggested that the people will take arms and claim pro- 
tection of Canada under the Quebec bill in opposition to any resolve 
Congress may pass against a new State, which we can assure them is 
without foundation in respect to the body of the people who are waiting 
with earnest expectation the decision of Congress on the subject and 
mean to conform their conduct to it — there are very few but what will 
readily acquiesce — none of any consequence on this side the green 
mountains and few on the other, however some ot their leaders may de- 
sire to raise a tumult in opposition to them. 

Col. Olcott is vested with all the power which our people can confer 
while in our present distracted situation, and we hope his measures in 
the matter conformable to this and other papers from this quarter may 
be considered as the voice of the people. 

I write this by order and in behalf of the general committee in the 
northern district of the grants and have the honor to be with highest 
sentiments of respect, Sir, 

Your Excellency's most obedient and most humble servant, 

Beza. Woodward, Clerk. 

His Excellency the President of Congress. 
[Endorsed] 
Read Sept. 18, 1780. 



Ira Allen and S- B. Bradley as to their Commission. 1 

Philadelphia, Sept, 12 th 1780. 
Sir, — We do the Honour to forward your Excellency a duplicate of the 
appointment of Commissaries [commissioners] from the State of Ver- 
mont to wait upon the Honorable Congress of the United States. 

Herewith you will receive a letter from his Excellency the Governor of 
Vermont, with a pamphlet [Bradley's Appeal] refered to in said letter, 
which we have positive orders to lay before Congress, And are 
Your Excellency's Most Obedient Humble Servants, 

Ira Allen, 
Stephen R. Bradley. 
His Excellency Sam 1 - Huntington, Esq. Pres. of Congress. 
[Endorsed] 

Letter from Ira Allen & Stephen R. Bradley ) 

Sept. 12, 1780. t 

Read the same day. ) 

1 New Hampshire Grants, Vol. 1, No. 40, p. 555, in the Archives of 
the State Department, Washington. 



254 Appendix G. 

The commission and letter referred to follow: 

Commission of Ira Allen and Stephen B. Bradley. 1 
State of Vermont. By the Governor, 

^.a^-n Whereas the Supreme Legislature of this State did at their 
( o ) Sessions in October last past, resolve " that five persons be 

J " } chosen by ballot Agents in behalf of the freemen of this 

^-y-— ' State, to appear at the Congress of the United States of 
America on the first day of February next and they or any three of them 
are hereby fully authorized and empowered by the freemen aforesaid to 
Vindicate their right to independence at the Honorable Board ": 

And whereas the said Agents appeared at Congress on the said first 
day of February officially and transmitted [transacted] the business of 
their appointment agreeable to their instructions and made report to Su- 
preme Legislature of their doings, at the session in March last: 

And Whereas by late advice received from Congress, it appears requi- 
site that Commissaries [commissioners] should be appointed for the 
time being to attend and deliver officially to Congress such dispatches as 
shall be sent from the authority of this State, from time to time, and 
also to remonstrate against any acts of Congress which may infringe 
the rights and sovereignty of this State: 

I have therefore tho't fit by and with advice of council to appoint and 
commissionate Ira Allen and Stephen R. Bradley, Esquires, and 
they are hereby appointed with full power to transact the business 
aforesaid. Given under my hand and the Common Seal of this State in 
the Council Chamber at Bennington this 16 th August, 1780. 

Tho s - Chittenden. 
By his Excellency's Command, 

Joseph Fay, Sec. State. 
[Endorsed] 
Commission of Ira Allen & Stephen R. Bradley, 
August 16 th 1780. 
Read Feb^- [September 19 1780.] 

Governor Chittenden to the President of Congress, in reply to the resolutions 
of that body of June 2 and 9, 1780. 2 

Bennington, July 25th, 1780. 
SIR, 
Your Excellency's letter of the 10th ult. enclosing several acts of 
Congress, of the 2d and 9th of the same month, I accidentally received, 
the 6th inst. have laid them before my Council, and taken their advice 
thereon, and now beg your Excellency's indulgence, while I treat on a 
subject of such moment in its nature, and which so nearly concerns the 
citizens of this state. 

However Congress may view those resolutions, they are considered 
by the people of this state, as being, in their nature, subversive of the 

1 New Hampshire Grants, Vol. 1, No. 40, p. 357, in the Archives of 
the State Department, Washington. 

2 From a copy in Slade's State Papers, furnished by Hon. Stephen R. 
Bradley, who made thereon the following memorandum: "Delivered 
Congress Sept. 12, 1780, and read, modern die." In this, as in other 
intances, the journal of Congress contains no notice. The probable 
reason is that the Vermont papers, not noticed in the journal, were 
read in committee of the whole. 



Gov. Chittenden to Congress, July 1780. 255 

natural rights, which they have to liberty and independence, as well as 
incompatible with the principles on which Congress ground their own 
right to independence; and have a natural, and direct tendency to 
endanger the liberties of America, which have, hitherto, been defended 
at great expence, both of blood and treasure. 

Vermont's right to independence has been sufficiently argued, and the 
good consequences resulting to the United States, from its first assuming 
government, clearly vindicated, in sundry pamphlets, which have been, 
officially, laid before Congress. I beg leave to refer your Excellency to 
" Vermont's appeal," &c. particularly from the thirty second to the forty 
second page; 1 in which, among other things, is contained a particular 
answer tothe resolutions of the 24th of September, referred to in the 
resolves of the 2d of June last; and a denial of the authority of Congress 
over this state, so far as relates to their existence as a free and indepen- 
dent government. 

I find, notwithstanding, by a resolution of the 9th nit. that Congress 
have assigned the second Tuesday of September next, to judge, abso- 
lutely, of the independence of Vermont, as a separate jurisdiction. 
Can Congress suppose this government are so void of reason, as not to 
discern that the resolves of the 2d and 9th of June aforesaid, so far as 
the authority of Congress may be supposed to extend to this state, are 
leveled directly against thier independence? 

Vermont, as before mentioned, being a free and independent state, 
have denied the authority of Congress to judge of their jurisdiction. 
Over the head of all this, it appears that Congress, by their resolutions 
of the 9th ult. have determined that they have power to judge the cause; 
which has, already, determined the essence of the dispute; for, if Ver- 
mont does not belong to some one of the United States, Congress could 
have no such power, without their consent; so that, consequently, 
determining they have such a power, has determined that Vermont 
have no right to independence; for it is utterly incompatible with the 
rights and prerogatives of an independent state, 1o be under the control 
or arbitrament of any other power. Vermont have, therefore, no alter- 
native; they must either submit to the unwarrantable decree of Congress, 
or continue their appeal to heaven and to arms. 

There may, in future, be a trial at Congress, which of the United 
States shall possess this territory, or how it shall be divided among 
them; but this does not concern Vermont. And it is altogether prob- 
able that there have been proposals for dividing it between the state of 
New-Hampshire and New-York, the same as the King of Prussia, the 
Empress of Russia, and the Empress of Hungary divided Poland 
between those three powers; with this difference onfy, that the former 
are not in possession of Vermont. 

The cloud that has hovered over Vermont, since the ungenerous 
claims Of New-Hampshire and Massachusetts-Bay, has been seen, and 
its motions carefully observed by this government; who expected that 
Congress would have averted the storm: but, disappointed in this, and 
unjustly treated as the people, over whom I preside, on the most serious 
and candid deliberation, conceive themselves to be, in this affair, yet, 
blessed by heaven, with constancy of mind, and connexions abroad, as 
an honest, valiant and brave people, are necessitated to declare to your 
Excellency, to Congress, and to the world, that, as life, liberty and the 
rights of the people, intrusted them by God, are inseparable, so they do 
not expect to be justified in the eye of Heaven, or that posterity would 
call them blessed, if they should, tamely, surrender any part. 

1 See ante, pp. 216-218. 



256 Appendix Gr. 

Without doubt, Congress have, previous to this, been acquainted, that 
this state has maintained several posts on its frontiers, at its own 
expence; which are well known to be the only security, to this quarter, 
of the frontier inhabitants of the states of the Massachusetts-Bay and 
New-Hampshire; and it is highly probable that Albany, and such parts 
of the state of New-York, as lie to the northward of that, would, before 
this time, have been ravaged by the common enemy, had it not been for 
the indefatigable exertions of this state, and the fears, which the enemy 
have been, and are still possessed of, that their retreat would be inter- 
rupted by the troops from those posts and the militia of this state. 

Thus, by guarding the frontiers, has this state secured the friendship 
of part of the private gentlemen and yeomanry, even of those states, 
whose representatives, it seems, are seeking its destruction. And having 
the general approbation of disinterested states, this people are, undoubt- 
edly, in a condition to maintain government; but should they be 
deceived in such connexions, yet as they are not included in the thirteen 
United States, but conceive themselves to be a separate body, they 
would still have in their power, other advantages; for they are, if 
necessitated to it, at liberty to offer, or accept, terms of cessation of 
hostilities with Great-Britain, without the approbation of any other man 
or body of men : for, on proviso that neither Congress, nor the Legisla- 
tures of those states, which they represent, will support Vermont in her 
independence, but devote her to the usurped government of any other 
power, she has 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 other reward than the ungrateful one of being 
enslaved by them. True, Vermont have taken an active part in the 
war, subsisting between the United States and Great-Britain, under an 
expectation of securing her liberties; considering the claim of Great- 
Britain to make laws to bind the colonists, in all cases whatsoever, 
without their consent, to be an abridgment of the natural rights of 
mankind: and it appears that the said resolves of the 2d and 9th of 
June, are equally arbitrary, and that they furnish equal motives to the 
citizens of Vermont, to resist the one as the other; for, if the United 
States have departed from the virtuous principles upon which they first 
commenced the war with Great-Britain, and have assumed to themselves 
the power of usurping the rights of Vermont, it is time, high time, for 
her seriously to consider what she is fighting for, and to what purpose 
she has been, more than five years last part, spilling the blood of her 
bravest sons. 

This government have dealt with severity, towards the tories, confis- 
cated some of their estates, imprisoned some, banished some, and hanged 
some, &c. and kept the remainder in as good subjection, as any state 
belonging to the union. And they have, likewise, granted unto worthy 
whigs, in the neighboring states, some part of their unappropriated 
lands; the inconsiderable avails of which, have been faithfully appropri- 
ated for the defence of the northern frontiers; which, eventually, 
terminates in the support of the interest, and securing the independence 
and sovereignty of the United States: and, after having faithfully exe- 
cuted all this, have the mortification to meet with the resentment of 
Congress, circulated in hand-bills and the New- York publick papers, 
representing their conduct, "in contravening the good intention of 
Congress, as being highly unwarrantable, and subversive of the peace 
and welfare of the United States." Those resolves serve only to raise 
the expiring hopes and expectations, and to revive a languishing flame, 
of a few tories and scismaticks, in this state, who have never been in- 
strumental in promoting the common cause of America. 



Vermont Question in Congress, Sept. 1780. 257 

With regard to the state of the Massachusetts-Bay, they have not, as a 
legislative body, laid any claim to the territory of Vermont; nor have 
they enacted laws, judicially authorizing Congress to take cognizance 
thereof, agreeable to the before mentioned resolves; a majority of their 
legislative body considering such pretensions to be an infringement on 
the rights of Vermont; and, therefore, the state of the Massachusetts- 
Bay cannot be considered as a party in this controversy. 

As to the state of New-Hampshire, although they have judicially 
authorized Congress to make a final adjudication of their late started 
and very extraordinary claim to the territory of Vermont, yet, by 
recurring back to the original proceedings between the two states, it 
appears, the General Court of New-Hampshire had, previous to laying 
the said claims, settled their boundary line with the state of Vermont, 
and established Connecticut river as the boundary between the respec- 
tive governments; and, as far as the approbation of the government of 
New-Hampshire can go, have, previously, conceded to the independence 
of Vermont; the particulars of which are too prolix to be given in this 
letter, but are exhibited, at large, in a pamphlet, entitled " A concise 
refutation of the claims of New-Hampshire and Massachusetts-Bay to 
the territory of Vermont," and which is herewith transmitted as a bar 
against the right of New-Hampshire to a trial for any part of Vermont. 

The government of New Hampshire, ever since the royal adjudication 
of the boundary line between them and the government of New- York, 
in 1764, have cast the inhabitants of the contested territory, out of their 
protection, and abandoned them to the tyranny of New-York: and have 
very lately, over the head of the settlement aforesaid, laid claim to the said 
territory, and enacted laws as aforesaid, to enable Congress to judicially 
determine the merit of said claim. How glaringly illegal, absurd and in- 
consistent, must their conduct as a legislative body, appear, in this re- 
spect. Such irregularity among individuals, arises from the ill govern- 
ment of the human passions; but when that takes place in publick 
bodies, it is unpardonable, as its influence is more extensive and injuri- 
ous to society. 

Hence it appears, legally speaking, neither the states of New-Hamp- 
shire or Massachusetts-Bay, can be, with propriety, considered as parties 
in the controversy; and, consequently, New- York is left alone, a com- 
petitor with Vermont, even admitting Congress are possessed of sufficient 
authority to determine those disputes, agreeable to their resolutions; 
which, by this government, is, by no means, admissible. 

Notwithstanding the usurpation and injustice of neighboring govern- 
ments towards Vermont, and the late resolutions of Congress, this 
government, from a principle of virtue and close attachment to the cause 
of liberty, as well as a thorough examination of their own policy, are 
induced, once more, to offer union with the United States of America, 
of which Congress are the legal representative body. Should that be 
denied, this state will propose the same to the Legislatures of the 
United States, separately, and take such other measures as self-preser- 
vation may justify. In behalf of the Council, I am, Sir, 

Your Excellency's most obedient, humble servant, 

THOMAS CHITTENDEN. 

His Excellency Samuel Huntington, Esq. President of Congress. 



18 



258 Appendix Q. 

Ira Allen & S. B. Bradley asking admission in person to proceedings of 

Congress. 1 
To His Excellency Samuel Huntington, Esq. President of the Congress 
of United States of America. 
Sir, — We request your Excellency whenever debates come before Con- 
gress that may in any wise affect the rights, Sovereignty or indepen- 
dence of the State of Vermont, that you take the sense of Congress 
whether we be admitted a personal attendance the better to enable us to 
discharge the end of our appointment, And are 

Your Excellency's Most Humble Servants, 

Ira Allen, 
Stephen R. Bradley. 
Dated Philadelphia, Sept. 15 th 1780. 
[Endorsed] Read the same day. 2 



Luke Knoulton's Commission. 3 
State of New York. 
Cumberland Co. ss: 

At a Convention of the Committees of the said County held at Brat- 
tleboro' the 30 th Day of August 1780 — 

Resolved that Luke Knowlton, Esq. be and he hereby is nominated 
and appointed an Agent on behalf of the Inhabitants of said County 
who are professed subjects of the State of New York, to attend the Trial 
proposed to be held before Congress, or a Committee thereof, at Phila- 
delphia in the beginning of September next, relative to the jurisdiction 
over the Tract of Land commonly called the New Hampshire Grants, 
lying west of Connecticut River. 

By order, John Sergeant, Chairman P. T. 

[Endorsed] Read Sept. 19, 1780. 

Letter of introduction [from Gov.~\ G. Clinton.* 

Pokeepsie, 12 th Sept'r 1780. 
Gentlemen,— This will be handed to you by Mr. Knowlton a Gentle- 
man from Cumberland County for whose Character and Business I beg 
leave to refer you to the enclosed Copy of a Letter and to his Creden- 
tials. — I should be happy if he may be enabled to return with such Intel- 
ligence as will prove satisfactory to his Constituents whose Patience in 
their present disagreeable Situation appears to be nearly exhausted. 

The Legislature is now sitting and will soon adjourn, I would there- 
fore wish if Congress have any Matters which may require their atten- 
tion that they be forwarded without Delay. 

I am, Gentlemen, with the highest Respect & 

Esteem Your most Obedient, Geo. Clinton. 

The Honorable the Delegates of the State > 
of New York in Congress. > 

[Endorsed] Read Sept. 18, 1780. 

1 N. H. Grants, Vol. 1, No. 40, p. 557, in the Archives of the State 
Department, Washington. So entitled there. 

"Probably read in committee, as no entry of the reading appears on 
the printed journal. 

8 Jf. H. Grants, Vol. 1, No. 40, p. 371, in Archives of the State De- 
partment, "Washington. 

* Same p. 365. 



Luke Knoulton. 259 

In the letter of introduction to Gov. Clinton, furnished by the Cum- 
berland County committee, Mr. K. was described as a gentleman of 
" penetration and probity." 1 Luke Knoulton (so written by Mr. K., 
says Hon. James H. Pheeps,) was born in Shrewsbury, Mass., in 1737, 
and died in Newfane, Dec. 12 1810, aged seventy-three years. He was 
a resident of Newfane in 1772, and with John Taylor proprietor of that 
town, under a New York grant, from May 12 1772, and he received 
$249.53 of the $30,000 paid to New York by Vermont to settle the con- 
troversy between those states. May 17 1774, on the organization of the 
town, he was chosen town clerk, and he held that office sixteen years. 
April 14 1772 he was appointed by New York one of the justices of the 
peace for Cumberland county. June 1776 to June 1777 he was a mem- 
ber of the Cumberland county Committee of Safety. He next appeared 
as above in September 1780, as agent for Cumberland county against 
Yermdnt in Congress, in which service he had a recommendation from 
Gov. Clinton. It is pretty certain that, from knowledge then gained, 
Mr. Knoulton changed his opinion on the Vermont question. Writing 
of the period when Knoulton and Ira Allen were at Philadelphia on this 
business, the latter said: " A plan was then laid between two persons at 
Philadelphia, to unite all parties in Vermont, in a way that would be 
honourable to those who had been in favour of New York," 2 &c, stating 
that it was to call a convention of delegates of all parties interested, in- 
cluding those residing east of Connecticut river, to meet at Walpole, N. 
H., Nov. 15 1780. Mr. Knoulton is the first named of several Cumber- 
land county gentlemen who, Oct. 31 1780, initiated measures to bring 
about this proposed convention at Walpole, 3 which met and called an- 
other to meet at Charlestown, N. H., Jan. 16 1781. 4 Of the last conven- 
tion Mr. Knoulton was an active member, and doubtless he acted in 
concurrence with Allen, who was present and very influential, according 
to his own account, though he did not present his credentials as a dele- 
gate. This convention resulted, first, in the union with Vermont of 
thirty-five New Hampshire towns, and, consequent upon that, a like ad- 
dition of that part of New York lying east of Hudson river and extending 
from north latitude 45° to the north line of Massachusetts. In 1782, Mr. 
Knoulton and Samuel Wells of Brattleboro' assisted in exchanging let- 
ters between the British commander in Canada, Gen. Haldimand, and 
British agents in New York city, of which a complaint was made to 
Gen. Washington, and through him to Congress, which resulted in reso- 
lutions directing the arrest of Knoulton and Wells, and information to 
the executives of New Hampshire, Massachusetts, Connecticut and New 

1 Eastern Vermont, p. 381. 

2 Ira Allen's History of Vermont, in Vt. Historical Soc. Collections, Vol. 
I, p. 412. 

8 Eastern Vermont, p. 401 ; Vt. Historical Soc. Collections, Vol. n, p. 96. 
4 See Appendix H, post. 



260 Appendix G. 

York "of the treasonable practices with which some of their subjects 
are charged." l Jan. 27 1783, Gen. Washington transmitted to Congress 
Lieut. Israel Smith's report of Knoulton's and Wells's escape, which was 
charged to information given by Jonathan Arnold, a delegate in Con- 
gress from Khode Island. 2 It is certain that Wells's escape was aided 
by Ethan and Ira Allen, 3 and it is not unreasonable to presume that 
Knoulton was favored by them or their associates. The fact is that Ver- 
mont was then carrying on a correspondence with Gen. Haldimand, who 
had to consult the British commander and his agents in New York city, 
and hence this exchange of letters through the agency of Knoulton and 
Wells was but an incident of the Vermont policy at that time. That 
Wells was so much of a loyalist as to be rewarded by Great Britain is 
true, but Knoulton received no such recognition, and there is no evi- 
dence impeaching his patriotism beyond the fact that on this occasion he 
aided the work in which Chittenden, the Aliens, and other leading Ver- 
monters were engaged for the purpose of preserving the independence 
of the state and protecting its people from the ravages of war. Nov. 16 
1783, a party of a dozen adherents to New York, two of them of New- 
fane, arrested Mr. Knoulton, ostensibly on account of the order of Con- 
gress of the preceding year. They contented themselves, however, with 
taking him over the Vermont line into Massachusetts, leaving him 
there. Gen. Fletcher raised a force for a rescue; but Knoulton returned, 
and the Yorkers dispersed, so the military force was disbanded. Mr. 
Knoulton represented Newfane in the General Assembly in 1784-6, and 
1788-9, five years; was a member of the Council from Oct. 1790 to Oct. 
1801, eleven years; a member of the Convention of 1793; judge of Wind- 
ham County Court from 1787 to Dec. 1794, and in 1802, fifteen years; and 
judge of the Supreme Court in 1786. — See Deming's Catalogue. In 
Graham's Descriptive Sketch Mr. Knoulton is represented as " a leading 
character, and a man of great ambition and enterprize, of few words, but 
possessed of the keenest perception, and an almost intuitive knowledge 
of human nature, of which he is a perfect judge. This gentleman^ ow- 
ing to the particular method in which he has transacted business, has 
obtained the appellation of Saint Luke." — See B. H. Hall's Eastern 
Vermont, pp. 503-4, 675-6, 720-723. 



In Congress, Monday, September 11, 1780. 4 
Mr. J. Sullivan, a delegate for the State of New Hampshire, attendc 
and produced his credentials, which were read. 

1 Secret Journals of Congress, 1775-81, Vol. I, pp. 244, 245. 

* Vt. Hist. Soc. Collections, Vol. n, p. 323. 

* Ira Allen's History, in Vt. Hist. Soc. Collections, Vol. i. p. 467. 

* Journals of Congress, Fol well's edition, 1780-81,') Vol. vi, p. 124. 



Vermont Question in Congress, Sept. 1780. 261 

Tuesday, September 12, 1780. 1 
Nine states, exclusive of the states interested, not being represented: 
Besolved, That the order of the day, to proceed to hear and examine 
into and finally determine the disputes and differences relative to ju- 
risdiction, between the three states of New Hampshire, Massachusetts- 
Bay and New- York, respectively, or such of them as shall have passed 
such laws as are mentioned in the resolutions of the 24th of September 
and the 2d of October last, on the one part, and the people of the dis- 
trict commonly known by the name of the New Hampshire Grants, who 
claim to be a separate jurisdiction, on the other, in the mode prescribed 
in and by the said resolutions, be postponed till Thursday [Tuesday] 
next, and that the members in town be notified to attend the house at 10 
o'clock in the morning of that day. 

Tuesday, September 19, 1780. 2 

Besolved, That the order of the day, to proceed to hear and examine 
into and finally determine the disputes and differences relative to juris- 
diction between the three states of New Hampshire, Massachusetts-Bay 
and New York, respectively, or such of them as have passed such laws 
as are mentioned in the resolutions of the 24th of September and the 
2d of October last, on the one part, and the people of the district com- 
monly known by the name of' New Hampshire Grants, who claim to be 
a separate jurisdiction, on the other, be postponed till six o'clock. 

On motion of the delegates of New- York, 

Ordered, That the Secretary notify Messrs. Ira Allen, Stephen K. 
Bradley, Luke Knoulton, and colonel Olcott, to attend this afternoon, on 
the hearing of the question respecting the jurisdiction of the tract of 
country commonly called the New Hampshire Grants. 

Six o'clock P. M. 

Congress met according to adjournment, and proceeded to hear, &c. 
the persons notified attending, when the following papers were read: 

The act of the state of New-York, passed Oct. 21st, 1779, and the act 
ot the state of New-Hampshire, of Nov. 1779, both passed pursuant to 
the resolutions of Congress of September 24th and October 2d: 

A commission to Ira Allen and Stephen R. Bradley, Esq'rs. dated 
August 16th, 1780, 3 signed Thomas Chittenden, under a seal in the in- 
strument, called the seal of the state of Vermont : 

An appointment of Luke Knoulton, as agent on behalf of the inhabi- 
tants of Cumberland county, at a convention of the committees of the 
said county, Brattleborough, Aug. 30, 1780, and signed John Sergeant, 
chairman 'pro tempore.* 

An appointment of Peter Olcott and Bezaleel Woodward, Esq'rs. 
agents from the towns in the northern parts of the New-Hampshire 
Grants, on both sides of Connecticut river, being part of a district 
known by the name of the State of Vermont, pursuant to a vote of a 
convention of members from the said towns, November 17, 1779, signed 

1 Journals of Congress, Folwell's edition, 1780-81, Vol. vi, p. 125. 

2 Same,, p. 127. 

9 See ante, p. 254. The resolution of the Governor and Council, re- 
questing and authorizing Mr. Bradley to attend Congress as agent with 
Mr. Allen, is entered on the record as of August 18, 1780, but the com- 
mission is dated Aug. 16. 

* See ante, p. 258. 



262 Appendix G. 

Joseph Marsh, chairman of the said convention, and dated New-Hamp- 
shire Grants, January 1, 1780. x 

The delegates of New-York, as agents for the state, delivered in 
sundry papers, which were read, with an intent to prove that the land 
known by the name of the New-Hampshire Grants, on the west side of 
Connecticut river, is within the limits of the state of New-York; that 
the state of New-Hampshire have acknowledged this, and that the 
people on the said tract have been represented in the legislature of 
New-York, since the year 1764. 

Wednesday, September 20, 1780. 2 

Congress proceeded to the order of the day, the parties being present 
as yesterday, except the delegate for the state of New-Hampshire, who 
was absent through sickness; when the state of New-York, by its 
delegates, proceeded in stating evidence to prove that the inhabitants of 
the tract of country known by the name of the New-Hampshire Grants, 
west of Connecticut river, as part of the state or colony of New-York, 
were duly represented in and submitted to the authority, jurisdiction 
and government of the Congress and Convention of the said state, till 
late in the year 1777; and that, therefore, the people inhabiting the said 
tract of country have no right to a separate and independent jurisdiction. 

Sept. 22 1780, the Vermont Agents remonstrated against the proceed- 
ings of Congress ; and this, probably, influenced to some extent the 
postponement, which was ordered as follows: 

Wednesday, September 27, 1780. 3 

Congress proceeded in the order of the day respecting the jurisdiction 
of the tract of country commonly called the New-Hampshire Grants, all 
the parties being present except Ira Allen and Stephen R. Bradley, who 
being duly notified, declined to attend, when the agent for the state of 
New-Hampshire proceeded to state evidence tending to prove, that the 
tract of country known by the name of the New-Hampshire Grants, was 
within the state of New-Hampshire, and that therefore the people 
inhabiting the said tract of country, have no right to a separate and 
independent jurisdiction. The gentlemen appearing in behalf of sundry 
inhabitants of the said Grants having nothing to add, and pressing Con- 
gress to come to a determination, withdrew. 

Besolved, That the farther consideration of the subject be postponed. 

Friday, October 6, 1780. 4 

Congress proceeded to the consideration of the subject relative to the 
jurisdiction of the tract of country commonly called the New-Hamp- 
shire Grants, when a letter of the 2d, from Ira Allen and Stephen R. 
Bradley was read. 

This letter was as follows : 

Ira Allen and Stephen B. Bradley to Congress. 6 

Philadelphia Oct. 2 1780. 

Sir, — We have the honour to inform Congress that the time of our 
appointment to attend on Congress expired yesterday in consequence of 
which we set out this morning to meet the General Assembly of the 
State which are to convene the 12 th instant to adopt measures for 

1 See ante, p. 241. 

2 Journals of Congress, FolwelPs edition, Vol. VI, 1780-81, p. 129. 

3 Same, p. 135. 4 Same, p. 145. 

5 N. R. Grants, Vol. I, No. 40, p. 579, in Archives of State Department, 
Washington. 



Vermont Question in Congress, Sept, 1780. 263 

prosecuting the war in conjunction with the thirteen united States & for 
regulating their own internal police. We are assured the General Court 
of the State of Vermont will make every effort in their power to 
establish the sovereignty and independence of America and could wish 
that principle might be invariably observed by every man in authority 
throughout the American States. 

The dispute concerning the State of Yermont is of such great concern 
it appears to us of the highest importance Congress should be rightly 
acquainted with the dispute before they interpose on either side, which 
at present they cannot while America is in her present Situation. "We 
can further observe that we have many papers more authentic than 
those that have been exhibited to Congress that will shew our right to 
sovereignty over the claims of all our adversaries; which we have not 
here at present. 

For these and for many other reasons we must request Congress to 
postpone a further inquiry into the premises til a future day. 
And have the honor to be your Excellency's 

Most Obedient Humble Servants, 
Ira Allen, 
Stephen R. Bradley. 
His Excellency Sam 1 Huntington, Esq. President of Congress. 



Ira Allen's Account of the Hearing in Congress in 
September 1780. 2 

In August, 1780, Ira Allen and Stephen [R] Bradley Esquires attended 
Congress, as agents from Vermont, in order to be prepared for the 
second Tuesday in September (to which time Congress had referred the 
determination of the cause of Vermont.) The people in the south-east 
part of the State who professed allegiance to the state of New York, 
sent their agent, Luke Knowlton, Esq; to attend Congress; and the 
people in the north-east part of the State, who were, in opinion and 
politics, with the revolting members of the Legislature of Vermont in 
1778, also sent their agent, Peter Olcott, Esq; to Congress; thus, to that 
body, all parties appeared to be represented. The agents of Vermont 
had frequent interviews with the members of Congress, in particular 
those from New York, with whom they spent several evenings in the 
most sociable manner. Very different views and objects seemed to be 
pursued by all parties; indeed, all parties seemed determined to carry 
their point. Therefore, to gain as great an advantage as possible, the 
agents of Vermont requested in writing, that when any debates came 
before Congress which might affect the rights, the sovereignty, or 
independence of the State of Vermont, they might be present. On this 
request, the opponents to Vermont took courage, supposing that by 
getting the agents to attend in Congress, they would make some 
remarks on the evidence adduced against the independence of Vermont, 
or, in some way, put it in the power of that body to consider the cause 
to them submitted by the agents of Vermont. 

On the 19th of September, 1780, they received a notification to attend 
Congress, to hear the question respecting the jurisdiction of the New 
Hampshire Grants. The claims of New Hampshire and New York 
were put in, and both of these States plead that Vermont had no 

2 See his History of Vermont, in Vt. Historical Society Collections, Vol. 
I, pp. 408-412. 



264 Appendix Gr. 

pretensions to independence, but belonged to them. The agents of 
Vermont, though present, were not considered or treated by Congress 
as the agents or representatives of any State or people invested with 
legislative authority. Part of two days were spent in hearing the 
evidence exhibited by New York, to shew that the people on the New 
Hampshire Grants belonged to, and of right were under the authority 
and jurisdiction of New York, and therefore had no right to a separate 
independent jurisdiction, a day being assigned to hear the claim and 
evidence of New Hampshire. During this time the agents of Vermont 
retained minutes of the proceedings of Congress, and of the evidence 
exhibited by the Agents of New York, that they might the better be 
prepared to remonstrate against them, as they had no idea of submitting 
the independence of Vermont to the arbitrament of Congress, or even 
of speaking on the matter in Congress, or of objecting in any way to the 
evidence adduced against Vermont, however irregular or provoking. 
The principles upon which the Agents of Vermont went, were to 
remain quiet, let the business be conducted as it would: the worse, the 
more advantage they would have in remonstrating; they concluded it 
not advisable to attend and hear the claim and evidence of New Hamp- 
shire when it was taken up by Congress, therefore sent in their 
remonstrance to that body, and declined attending. Mr. Thompson, 
Secretary, (of Congress) called on and urged them to attend, which they 
refused; he then requested to know what report he should return to 
Congress; when he received for answer, that while Congress sat as a 
Court of Judicatory, authorized by the claiming States ex parte, and Ver- 
mont was not put on an equal footing, they should not again darken the 
doors of Congress; the remonstrance was as follows. 

Remonstrance of the Vermont Agents against the proceedings of Congress, 

Sept. 22, 1780. 
"To the Honourable Congress of the United States of North 

America. 

"■The remonstrance of Ira Allen and Stephen R. Bradley, Commis- 
sioners from the free and independent State of Vermont, appointed for 
the time being to attend on Congress. 

" With pleasure they embrace this first opportunity to testify their 
thanks for the personal honour done them by Congress, in giving them 
an attendance, though in a private capacity, with their honourable body: 
At the same time they lament the necessity which obliges them to say, 
they can no longer sit as idle spectators, without betraying the trust 
reposed in them, and doing violence to their feelings, to see partial 
modes pursued, plans adopted, ex parte evidence exhibited, which 
derives all its authority from the attestation of the party; passages of 
writings selected giving very false representations of facts, to answer no 
other end but to prejudice your honourable body against the State of 
Vermont; thereby to intrigue and baffle a brave and meritorious people 
out of their rights and liberties. We can easily conceive the Secretary's 
office of the State of New York may be converted into an inexhaustible 
source to furnish evidence to answer their purpose in the present 
dispute. 

"Needless would it be for us to inform Congress, that by the mode 
of trial now adopted, the State of Vermont can have no hearing without 
denying itself: And to close with those resolutions, which we conceive 
our enemies have extorted from your honourable body, and on which 
the trial is now placed, would be, in fact, taking upon ourselves that 
humility and self abasement, as to lose our political life, in order to 
find it. 



Vermont Question in Congress, Sept. 1780. 265 

" We believe the wisdom of Congress sufficient to point out, that 
pursuing the present mode, is deviating from every principle of the laws 
ol nature, or nations: For if the dispute is between the States claiming 
on the one part, and the State of Vermont on the other, whether the 
latter be a State de jure, or an independent jurisdiction de facto, they 
ought to be considered in the course of the dispute, until the powers 
interposing have determined whether the latter be an independent 
jurisdiction de jure; if not they of course ought to annihilate the 
jurisdiction de facto; but to annihilate the State de facto, in the first 
place, is summarily ending the dispute; to deny the latter any indepen- 
dent jurisdiction' de facto, is to deny there is any longer parties in the 
dispute. 

" Again, we conceive the means connected with the end, and upon no 
principle whatever can we justify, that either part should establish the 
modus, or rules to be pursued in determining disputes, without con- 
founding every idea of right and wrong. In the present case, on the 
one part might the end as justly have been established as the way and 
means to effect the end. 

" We are far from being willing those brave and strenuous efforts 
made by the State of Vermont, in the controversy with Great Britain, 
should be buried by our grasping adversaries (thirsting after domination 
and prey) in the specious pretext of riotously assuming Government; 
and we thereby lose all credit for the men and money we have expended. 

" Thus, while we are necessitated to remonstrate against the proceed- 
ings of Congress on the present mode, we are willing, at the same time, 
any equitable enquiry should be made, the State of Vermont being 
allowed equal privileges with the other States in the dispute. 

" And that the State of Vermont might stand justified to your hon- 
ourable body, and to the world, both as to her present and future 
conduct, we are induced, as well from principles of attachment to the 
American cause, as a regard we have for peace and harmony among the 
states of America now at war with Great Britain, to make the following 
proposals, viz. 

"1st. That the State of Vermont will, as soon as may be, forward to 
the Secretary of Congress, an attested return of all male persons, liable 
to do duty agreeable to a militia act heretofore exhibited to Congress in 
a code of laws, entitled "The Laws of Vermont; " and the State of 
Vermont shall, for and during the present war with Great Britain, from 
year to year, furnish an equal number of troops in the field, in propor- 
tion to their numbers, as Congress shall estimate the quotas of the 
several United States, in proportion to their numbers; which troops 
shall be clothed, quartered, and paid by the State of Vermont. And, 
at the close of the war, the dispute shall be equitably settled by the 
mediation of sovereign powers; and nothing herein contained, shall be 
construed to take away the right any of the United States claim to have 
in or over the State of Vermont: Or 

" 2dly, We are willing to agree upon some one or more of the Legis- 
latures of the disinterested States to interpose as mediators, and settle 
the dispute: Or 

*'3dly, We are willing Congress, being possessed of sovereignty, 
should interpose to prevent the effusion of human blood; at the same 
1 ime, we reprobate every idea of Congress sitting as a Court of Judica- 
true, to determine the dispute, by virtue of authority given them by the 
act or acts of the State or States that make but one party. 

u It gives us pungent grief that such an important cause at this 
juncture of affairs, on which our ad depends, should be forced on by any 
gentlemen professing themselves friends to the cause of America, with 



266 Appendix G. 

such vehemence and spirit as appears on the part of the State of New 
York: And shall only add, that if the matter be thus pursued, we stand 
ready to appeal to God and the world, who must be accountable for the 
awful consequences that may ensue. 

Done at Philadelphia, this 22d day of September, A. D. 1780. 

" IRA ALLEN, 
''STEPHEN R. BRADLEY." 

Congress having heard the evidence on the part of New Hampshire, 
on the 27th of September, resolved that the further consideration of the 
subject should be postponed. 



Proposals of Vermont for a permanent Alliance and Con- 
federation WITH ADJOINING STATES. 

Oct. 14 1780, Governor Chittenden communicated to the General As- 
sembly the action of Congress in June preceding, his protest to the 
President of Congress of July 25, and a report of the hearing in Con- 
gress in September, — the latter being supplemented by a verbal account 
by Ira Allen. No legislative action was had, however, in direct re- 
sponse to Congress, but much was done to enable the state to maintain 
its independence, 1 and on the 8th of November a resolution was 
adopted, 2 under which Governor Chittenden proceeded according to his 
notice of the 25th of July, which was that, should Congress deny to 
Vermont an admission to the union, " this state will propose the same Ian 
union independent of Congress,'] to the legislatures of the United States, sep- 
arately, and take such other measures as self-preservation may justify.''' 3 

Gov. Chittenden to Gov. Clinton of New York. 

State of Vermont, \ 

In Council, Arlington, November 22d, 1780. J 

Sir: — Inclosed I transmit your excellency a copy of my letter to Con- 
gress of the 25th of July last, and on a full examination of the contro- 
versy between the State of New York and this State, and duly consid- 
ering the present peculiar circumstances of both States, I am induced to 
make a positive demand on the Legislature of the State over whom you 
preside, to give up and fully relinquish their claim to jurisdiction over 
this State, and also propose to them to join in a solid union with this 
State for mutual defence against the British forces which invade the 
American States, particularly such part as make incursions on the fron- 
tiers of the two States from the Province of Quehec. Such a union for 
the reciprocal advantage of both governments, I am willing to ratify and 
confirm on the part of this State. 

Col. Ira Allen, who delivers this, waits your answer to these proposals. 

1 See note on the Land Grants of 1780, &c, ante, p. 61. 

2 Ante, p. 59. 

3 The last clause covered other measures of Vermont at that period, and 
notably the Haldimand Correspondence. See Gov. Chittenden's letter 
to the President of Congress, ante, p. 256. 



Settlement ivith New York proposed, 1780-81 267 

In behalf of the Council and General Assembly, I have the honor to 
be with great esteem your Excellency's very obedient humble servant, 

Thomas Chittenden. 
His Excellency George Clinton Esq. Governor, &c. of the State of New 
York. 
To be communicated to the Legislature thereof. 

The Legislature of New York had been summoned to meet on the 3d 
of January 1781, but a quorum did not attend until about the first of 
February. 1 On the 5th Gov. Clinton transmitted Gov. Chittenden's de- 
mand with the message following: 

Gov. Clinton to the New York Assembly. 

Gentlemen, — You will receive with this message a letter from Thomas 
Chittenden dated the 22d of Nov. last, making a positive demand on the 
legislature to give up and fully relinquish the jurisdiction of this state 
over the part thereof generally distinguished by the name of the New 
Hampshire Grants, with a copy of his letter to Congress of the 25th of 
July last. 

Nothing but the desire of giving you the fullest information of every 
matter of public concern, could induce me to lay before you a demand, 
not only so insolent in its nature and derogatory to the honor of the 
State and the true interests of your constituents, but tending to subvert 
the authority of Congress (to whom the determination of the contro- 
versy is solemnly submitted) and establish a principle destructive in its 
consequences to the power and happiness of the United States. 

George Clinton. 

Albany, Feb. 5, 1781. 

This message, with the accompanying letters, was referred in the Sen- 
ate to a committee of the whole, and in the House to a committee of 
nine. Feb. 21 the Senate considered the subject; chancellor Robert R. 
Livingston, who had been a special delegate for the state at the then re- 
cent hearing in Congress, was heard by the committee, which reported 
resolutions declaring it inexpedient for the state to insist further on its 
right to jurisdiction over Vermont, and providing for commissioners to 
meet commissioners of Vermont to settle the terms for a cessation of 
jurisdiction by New York. On the same day the Senate adopted the 
resolutions, with only one dissenting voice, and sent them to the House 
for concurrence. In that body, the resolutions were made the order of 
the day for February 27th. The result is stated by Hiland Hall as 
follows: 

On that day the entr} 7 on the Assembly journal is as follows, viz: 

" The order of the day being read, for taking into consideration the 
" resolutions of the honorable the Senate, relative to the tract of country 
" commonly called the New Hampshire Grants, Mr. Speaker put the 
" question, whether the House will now proceed to take the said resolu- 
" tions into consideration. Debate arose and it was carried in the affirm- 
" ative." 

Upon the declaration of this vote, the governor's private secretary, 
who. it seems, had been waiting the result, announced a message from 
his Excellency which was immediately read. In his message the gover- 

1 Gov. Clinton to Gen. Alexander McDougall, Clinton Papers, No. 
3616, posi, p. 269. 



268 Appendix Gr. 

nor stated that he had received information " in a manner that claimed 
his credit, that certain resolutions, originating in the Senate, had been 
sent to the Assembly for concurrence, proposing the relinquishment of 
jurisdiction to that part of the State commonly designated by the name 
of the New Hampshire Grants," and declaring that " if the House should 
agree to carry those resolutions into effect, the duties of his office would 
oblige him to exercise the authority vested in him by the constitution 
and prorogue them.'''' 

This message, threatening to put an abrupt end to the session of the 
Assembly, in case they should proceed to concur with the Senate in the 
passage of the resolutions, had its intended effect of preventing their 
adoption. But for this extraordinary threat to exercise an odious power, 
which has since been expunged from the constitution, there is every rea- 
sonable probability that the controversy would have been brought to a 
speedy and happy close, and all the troubles and heart burnings which 
resulted from it, for several succeeding years, would have been thereby 
prevented. 1 

The time for this experiment upon New York was well chosen by 
Gov. Chittenden and his advisers. The northeastern frontier of that 
state had been ravaged in the preceding October by a British force from 
Canada, and would be exposed to like ravages in the coming spring from 
both the British and their Indian allies, so the aid of Vermont had be- 
come exceedingly important to all the citizens of eastern New York 
between Lake Champlain and Albany. Hence Vermont had many 
friends in that section, and among them was Maj. Gen. Philip Schtty- 
ley, who bore a leading part in the adoption of the Senate resolutions 
of the 21st of February. The postponement of the Vermont question 
by Congress in the preceding September had also been discouraging to 
New York, and from the fact that the Senate was all but unanimous for 
a settlement with Vermont on the day Chancellor Livingston had 
given his opinion, the inference is fair that he, too, favored the project. 
Another busy actor in the scene was Ira Allen. The following letter 
is interesting, not only for Gov. Clinton's account of this matter, but for 
the fact it reveals that even he, within a few weeks after he had defeated 
the proposed settlement of the controversy, was almost prepared to con- 
cede the independence of Vermont, and to extend its jurisdiction over 
a large part of New Hampshire. 

Gov. Clinton to Maj. Gen. Alexander McDougalV 

Pokeepsie, 6 April 1781. 
Dear Sir, — In my hasty scroll from Albany I promised you a more 
lengthy epistle the first leisure hour. It is not yet arrived and if I was 
to wait for it I am apprehensive I should be charged with inattention. 

Our official letters and the copies of laws transmitted with them to 
Congress with the list of the acts enclosed to Mr. Duane will give you a 
general idea of the business of the last meeting, and the enclosed copies 

1 See Early History of Vermont, pp. 329-336. 

2 Clinton Papers, No. 3616; from a manuscript copy in the possession 
of Hiland Hall. Gen. McDougall was one of the New York dele- 
gates in Congress. 



Settlement with New York proposed, 1780-81. 269 

of Message and resolutions ! will serve to explain the conduct of the 
legislature, or rather the Senate, respecting our controversy with the 
inhabitants of the Grants. I have therefore only to give you a detail of 
the management of a measure, which, had it succeeded, I am persuaded 
you will agree would have reflected lasting ignominy and disgrace upon 
the state, and this consideration alone ought to have forbid it. 

By my proclamation the legislature was to have convened at Albany 
the '3d of January, but the unpunctual attendance of members prevented 
their forming a quorum until about the first of February. In this period 
Mr. Ira Allen arrived at Albany, the members who attended met daily 
to arrange and prepare the business, and on the idea of promoting dis- 
patch, Mr. Allen was introduced and the letter 2 opened in my absence. 
The proposition it contained was immediately though informally agita- 
ted and every engine set to work to prepare the minds of the members 
as they arrived to accede to it: Our northern and western frontier could 
only be protected from the ravages of a treacherous and ruthless savage 
enemy by the numbers and military prowess of the state of Vermont; 
that we could nut expect their assistance without relinquishing our juris- 
diction over them and yielding to their claim of independenc}'; that in 
this case we should conciliate their affections and be enabled to enter 
into a compact with them and be safe. The greater part of the citizens 
of Albany and Schenectady and the inhabitants of the northern frontier 
were easily gulled by the leaders for this measure into a belief of all 
they said in favor of it, and daily reports of the intention of the enemy 
to penetrate the country in force as soon as the lakes were froze, at times 
that they were actually on their way, circulated to promote the favorite 
object. 3 The discontents and commotion which at the time too gene- 
rally prevailed in the state were also in some instances employed to an- 
swer the end, and among the grievances complained of by some districts 
not the best affected to the cause of the country, the opposition given to 
the independency of Vermont was a noted one. On more minute in- 
quiry I discovered that measures as early as last fall had been taken to 
promote this hopeful business, and that a certain gentleman (an old 
friend of ours 4 ) had then declared his sentiments on the subject and his 

'Doubtless the Senate resolutions of Feb. 21 and the threatening mes- 
sage of Feb. 27. 

2 Chittenden's of Nov. 22 to Gov. Clinton. 

3 Less than a month previous to the date of this letter. Gov. Clinton 
himself had given a dismal account of the condition of New York to 
Gen. Washington, the letter being dated Feb. 14 1781. The enemy, he 
wrote, had commenced their barbarities in Tryon county and the best 
part of the remaining territory would be totally depopulated; "a want 
of ability to raise a competent body of troops for the defence of the 
frontiers" was confessed; artillerists and field artillery were wanted; 
they had exhausted all their stock of ammunition; the troops were des- 
titute of provisions of the meat kind; all the money in the treasury had 
been advanced; and even from that little success was expected, as there 
were no beef cattle within the state. This account could not have been 
exceeded by anything Allen and " the leaders for this measure " could 
say. -See Vt. Hist. Soc. Collections, Vol. n, pp. 53, 54. 

* Gen. Schuyler. 



270 Appendix Gr, 

intention to agitate and support it at the next meeting of the legislature. 
This I have reason to suspect induced some of our monied gentlemen, to 
what on such occasions you may judge would be easily obtained, to spec- 
ulate in lands and solicit grants under the government of Vermont, and 
by this means they became warmly interested. 1 Under these circum- 
stances it is not strange that a majority of our honest and well meaning 
Senate, speaking of them as a body, should have been led into a measure 
from which they were inclined to believe so much good was to result, 
and not sufficiently apprized of the evils attending it, nor that my mes- 
sage to the Assembly on the subject declaring my intention to prorogue 
was an unpopular one in Albany. Your official letter informing that 
there was reason to hope for a speedy and just decision of the contro- 
versy by Congress arrived very opportunely and it changed the senti- 
ments of some and for the present stopped the mouths of all, and occa- 
sioned the laying aside a long address moved in the Senate in conse- 
quence of my message to the Assembly, but not yet agreed to. 2 



1 To this suggestion the following extract from the letter of Gen. Mc- 
Dougall, to which Gov. Clinton was replying, is amusingly pertinent: 

Maj. Gen. Alexander McDougall to Gov. Clinton. — Extract. 

Philadelphia, March 12, 1781. 
The influence of the officers of the New England line is considerable 
in their states, and the habits of thinking which they have acquired in 
the army are more conformable to the genius of our [New York] con- 
stitution than [are those of] the yeomanry of those states who will una- 
voidably come into ours, and it is necessary the leveling principles of the 
latter should be tempered by those of the former.* It will be a good 
stroke of policy to grant those gentlemen land in our state, and it might be 
expedient to extend it to those of New Jersey — vacant lands in the 
Grants might make a part of it. If this should be judged prudent, the 
grant should extend to the officers of those lines who have resigned with 
good reputations, and to all the soldiers who have served three years, 
and to all who shall serve during the war. Certain I am we shall derive 
great utility from such a measure, if it is soon done, and in my opinion 
no time is to be lost in doing it. I understand a bill of this nature was 
prepared in the fall of 1779 at Kingston, but was rejected from conside- 
rations of narrow and niggardly policy. If it had been done, the influ- 
ence of the Vermont land-jobbers would ere this have been at an end. 
I would give you some conclusive intelligence on this subject if time 
permitted. — Clinton Papers, No. 3575. 

*In 175G Lieut. Gov. Colden of Now York wrote to the British Lords of Trade thus: "The 
New England Governments are formed on republican principles, and these principles are zeal- 
ously inculcated on their youth, in opposition to the principles of the Constitution of Great Brit- 
ain. The Government of New York, on the contrary, is established, as nearly as may be, after the 
model of the English Constitution. Can it then be good Policy to diminish the extent of Jurisdic- 
tion in His Majesty's Province of New York, to extend the power and influence of the others."— 
For this extract, and a note thereon by Gov. Hall of Vermont, see Vt. Hist. Society Collections, 
Vol. II, p. 510. 

2 March 12 1781, the Senate appointed Mr. Schuyler and Mr. Piatt to 
draft an address to the governor on this subject, but Gen. McDougalPs 
letter of the same date, representing Congress to be favorable to New 
York, prevented further action. Gen. McDougall wrote as follows in 
reference to the controversy in Congress: 

The question of the New Hampshire Grants will soon be settled as 
the state of that name urge its delegates to press for a decision, and 
there is great reason to expect it will be a just and honorable one for 



Proposed Settlement with New York, 1780-81. 271 

While these matters were transacting in Albany and the revolters 
(who had their emissaries among us) had every reason to expect that 
their demand would be fully complied with, their Council and Assembly 
then sitting at Windsor came to the resolutions, a copy of which I 
enclose you, extending their claim to the deepest channel of Hudson's 
river, &c. These resolutions you will observe is [were] prior to those 
of our Senate four days, and you will easily perceive the use which was 
to be made of them if we had been mad enough to have relinquished our 
jurisdiction. These resolutions appear to me to have been a secret 
transaction. I obtained a copy by mere accident, and I am the more 
inclined to believe this to be the case, as by the proceedings of a 
convention composed of the friends of New York, Chittenden and all 
parties including two counties on the east side of Connecticut river, 
though it appears they have agreed to uLite and form an independent 
government including the several townships on the east side of Connec- 
ticut river to Mason's line, not a word in the minutes is said of this 
western extension to Hudson's river, and I am persuaded the inhabitants 
on the east side of the Green Mountains (who now compose a large 
majority) would not readily accede to it, as it is a capital object with 
them to establish their seat of government on the bank of Connecticut 
river, against which this western extension would militate and in the 
end defeat. l 



our state. The cession [of land] made by New York to the United 
States has removed the cause of opposition which Maryland gave, to 
have our dispute settled, and the other small states not near us will cease 
their opposition, as the cause of it is removed. Pennsylyania will urge 
a determination of their dispute with Connecticut as soon as the busi- 
ness of their legislature is over. This I had from the President [Sam- 
uel Huntington of Connecticut] in a confidential conversation with him 
on the subject of the New England encroachments. — Extract from No. 
3575 of the Clinton Papers. 

1 The initiatory proceedings, commenced Oct. 31 1780 and continued 
until June 16 1781, were public, and the propositions for both the east 
and west unions resolved upon Feb. 14 1781 were referred to the towns 
concerned, and of course were public. Feb. 15 1781, the Governor and 
Council recommended to the Assembly a postponement of further con- 
sideration of the jurisdictional claims to the next session, and the 
appointment of an agent to wait immediately upon u the legislature of 
the State of New York, now [then] convened at Albany, to agree upon 
and establish the line between this State and the State of New York." 
Not until more than three months after Gov. Clinton had defeated the 
resolutions of the New York Senate, and more than two months after 
the date of the above letter to Gen. McDougal, was the west union effected. 
The consummation of the unions resolved upon Feb'y 14th was post- 
poned to the April session, and Ira Allen and Joseph Fay were appointed 
agents to New York on the 17th of February, as proposed by the Council. 
Allen bore Chittenden's demand to Clinton probably in January 1781, 
and may have remained in Albany until the project was defeated on the 
27th of February; but there was ample time to send to Albany notice 
of Allen and Fay's appointment as special agents previous to the action 
of the New York Senate on the 21st, and the strongest of reasons 



272 Appendix a. 

I most devoutly wish this unhappy controversy was decided. I wish 
for a just and honorable decision, but I am persuaded almost any that 
Congress can have in contemplation is better than further delay. To 
their decision, made by the proper tribunal, we must and can with 
honor submit, and a decision by them will in a great measure destroy 
the bad effects which would result from these turbulent people estab- 
lishing themselves in defiance of their and our authority. They daily 
gain strength at our expense, and the dissensions which this dispute 
excites among ourselves, I fear, will have an unhappy effect in our 



existed for doing so, as it would show that Vermont had on its part 
appointed agents to meet with like agents or commissioners, as proposed 
in the Senate resolutions of New York. Thus it appears from the 
record that Vermont acted frankly and fairly. Gov. Clinton was not 
officially apprized of the action of the General Assembly, because the 
Vermont agents were not authorized to treat with him, but with "the 
legislature of the State of New York." Gov. Clinton's indignant mes- 
sage of Feb. 5 was a sufficient notice to Vermont against any further 
official or friendly appeals to him. It is not possible, however, that Gen. 
Schuyler and associates could have been ignorant of Vermont's action, 
or that they, as Gov. Clinton said he had been, were dependent upon 
" mere accident" for information on a project which they were zealously 
pressing. Indeed, the very terms of the resolution of the New York- 
Senate show, and Gov. Clinton was thus in fact notified, that it was 
expected Vermont would appoint commissioners to settle the contro- 
versy. The readiness with which twelve districts of New York agreed, 
on the 9th of May following, to unite with Vermont, is another reason 
for believing that these things were not done secretly. — See Appendix U. 
There are still other facts pertinent, showing conclusively that Connec- 
ticut and Rhode Island were apprized of the purpose of Vermont to 
seek a settlement of the controversy with the co-operation of New 
York; and it is highly probable that the legislatures of those states had 
information from Gen. Schuyler and Gov. Chittenden which warranted 
at least a hope of a happy settlement of the then dangerous controversy. 
Jan. 21 1781, Gen. Schuyler wrote to Gen. Washington that he had moved 
in the New York Senate to request the Eastern States to join in a Con- 
vention for settling boundaries so as " to create a new State in this quarter 
on conditions to be stipulated by the Convention." — See Sparks's Revo- 
lutionary Correspondence, Vol. 3, p. 213. On the 4th of May following 
he again declared his desire on. this subject to Washington, and added 
that Gov. Clinton had u put a stop to the business." — See Sparks's Wash- 
ington, Vol. 8, pp. 42, 43, note. Vermont projected the east and west un- 
ions by one act only, Feb. 14th, but suspended both for a settlement ot 
the controversy by the states interested in it, which Gov. Clinton defeat- 
ed. New Hampshire also persisted in its claim. Then Vermont re- 
sumed hostilities by effecting the threatened encroachments on New 
York and New Hampshire — the east union April 5, and the west June 
16. For resolutions of Connecticut and Rhode Island, see post, p. 275. 



Proposal to settle Boundaries, Feb. 1781. 273 

public councils. If they are to be a state, which however I deprecate, it 
is essentially our interest that they should extend to Mason's line, as for 
the reasons abovs mentioned it will be our best security against future 
encroachments, besides in this case the weight and influence of govern- 
ment will be in the hands of sober, discreet people, and many of them 
warmly attached to us. I am &c. yours sincerely, 

George Clinton. 

To Maj. Gen. McDougall. 

On the 22d of February the Vermont Assembly authorized the Gov- 
ernor and Council to prepare instructions to their agents (styled " com- 
missioners," in their commission,) appointed to settle the boundary line 
with New York, and they were commissioned by Gov. Chittenden, 
(according to the Index to the Stevens Papers, p. 27,) " to settle boundary 
lines between Vermont, New Hampshire, and New York" — thus showing 
that Vermont intended a fair settlement of the controversy by a mutual 
agreement between the three States. Gov. Clinton seems to have had 
no idea of the real purpose of Vermont, thus clearly indicated, when he 
wrote the letter to Gen. McDougall on the 5th of the succeeding April. 
On learning of the defeat of the project on account of the extraordinary 
conduct of Gov. Clinton, it was resolved by the Governor and Council, 
March 7 1781, not to send the agents to Albany, or to write any further 
to the General Assembly of New York at present. 1 Thus, a really 
hopeful scheme of conciliation was most unfortunately ended. 



Gov. Chittenden to Gov. Hancock of Massachusetts and PresH Weare of 

New Hampshire. 
Dec. 12 1780, Gov. Chittenden sent demands, similar to that to Gov. 
Clinton of New York, to the governors of Massachusetts and New 
Hampshire. Eor his letter to Gov. Hancock of Massachusetts, see Ap- 
pendix C, ante p. 198. It is presumed his letter to Pres't Weare was sub- 
stantially the same, as both are described as the same in the Index to the 
Stevens Papers, in these words: " to join in the common defence or Ver- 
mont will be obliged to join the British," in one letter; and " to join in 
the common defence or Vermont will be obliged to join the Enemy " in 
the other. 2 Gov. Chittenden wrote to Gov. Trumbull on the same day, 
that he had made " a demand on the legislatures of the states of New 
York, New Hampshire, and Massachusetts Bay, to relinquish their 
claims of jurisdiction to Vermont, with proposals to unite with them in 
a like union." Massachusetts responded favorably by the action of the 
General Court, March 8 1781, relinquishing its claim and consenting to 

l Ante, p. 85. 

2 Index to the Stevens Papers, pp. 66, 79. The original letter to Presi- 
dent Weare was in the manuscript volume of New Hampshire State Pa- 
pers on the Vermont controversy, p. 175, but it has been lost; and the 
copy of it contained in the Stevens Papers was burnt with the Vermont 
capitol in 1857. 
19 



274 Appendix G-. 

the independence of Vermont. 1 No direct reply from New Hampshire 
can be found, but the following document shows the position of that 
state at the time. 

Besolutions of New Hampshire, Jan. 13 1781, instructing its Delegates in 

Congress. 2 

State of New Hampshire. In House of Representatives, 

January 12 th 1781. 

Whereas this State is Subjected to many hardships & Inconveniencies 
on Account of the unsettled Situation of the Inhabitants of the Tract 
of Land called the New Hampshire Grants, west of Connecticut-River 
— A respectable Number of whom, being desirous of having said Tract 
confirmed to this State, considering the same as part thereof — And it 
being highly necessary as well for the good of this State, as for the In- 
terest of the Inhabitants of said Tract that a speedy Decision be had 
thereon — 

Therefore Resolved, that the Agents & Delegates from this State to 
the Continental Congress be instructed, and they are hereby instructed 
to use every possible means to induce Congress to make a speedy and 
final Determination of the Disputes relating to the Tract of land afore- 
said — And as soon as Congress shall proceed in this matter, it is the 
Opinion of this State, that the said Agents and Delegates ought to use 
their Endeavours to have the Question " Whether the said Tract of Land 
shall be a Separate and Independent State," first determined. — That, if 
the same shall be determined in the Negative, they and each of them 
urge all proper Motives & Arguments to have the same Tract confirmed 
tolhe State of New Hampshire — for which purpose they are directed to 
make use of the papers now in their, possession respecting said Dispute 
— and to procure such others as may be of service. 

It is further Resolved that the Honorable the President be desired to 
enclose an Attested Copy of this Resolve & transmit the same to the 
said Agents & Delegates as soon as may be. 
Sent up for Concurrence. 

John Langdon, Speaker. 

In Council, Janr 13 th 1781. Read & concurred. 

M. Weare, Pres L 



Gov. Chittenden to Gov. Trumbull of Connecticut? 

State of Vermont. In Council, Arlington, 12th December, 1780. 

Sir: — Enclosed I transmit your excellency a copy of my letter to Con- 
gress of the 25th of July last, which, together with this, I request may 
be laid before the legislature of the state over whom you preside for their 
perusal and consideration, as it is the only method that Vermont has at 
present in her power of soliciting a union with the United States to pro- 
pose it to their several legislatures separately, and as I have not re- 
ceived any answer from congress to my proposal of union in my said 
letter to them, nor to sending other similar offers from this government 
with additional proffers to that honorable body to bear a just proportion 

1 See Appendix C, ante, p. 199. 

2 Manuscript volume of New Hampshire State Papers, Vermont Con- 
troversy, 1764-91, p. 206. 

■ Haldimand Papers, in Vt. Hist. Soc. Collections, Vol. n, p. 84. 



Gov. Chittenden to Gov. Trumbull. 275 

of the expence of the present war with Great Britain, it does not ap- 
pear that congress have determined to admit this state into union. The 
arguments and representations exhibited in my said letter to congress 
are equally applicable for the consideration of the several legislatures of 
the United States. This being premised, I proceed to propose an alli- 
ance and permanent confederation between the states of Connecticut 
and Vermont against the hostile attempt of British power, on such con- 
ditions as may be agreed upon for the mutual advantage and security of 
the liberty and independence of the two states respectively. Similar 
proposals are made to the legislature of Rhode Island and Providence 
Plantations by this government, and also a demand on the legislatures 
of the states of New York, New Hampshire, and Massachusetts Bay, to 
relinquish their claims of jurisdiction to Vermont, with proposals to 
unite with them in a like union. 

The citizens of this state are of opinion that it is owing to the undue 
influence which those contiguous claiming states (to this territory,) have 
in congress that Vermont has hitherto been prevented from a union with 
the United States. This they consider the greatest injustice and ingrat- 
itude, as they have ever since the commencement of the present war 
been a frontier, in part, to every one of them, and in such circumstances 
have nothing better to expect from them at the conclusion of this war, 
than to be obliged to wage another war with them to protect their liber- 
ties against their exorbitant claims, or fall a pre} r to them, notwithstand- 
ing such a series of sufferings and beneficial service done to the United 
States in general, and to them in particular, in the course of this war. 
And although these considerations, abstracted from all others, are suffi- 
ciently discouraging, yet additional evils arise when we consider the 
force of the enemy in Canada; the probability of their being reinforced 
between this and the conclusion of the next campaign, together with 
their advantages of the navigation of the lakes, by which means they 
can suddenly bring their whole force into this state, which cannot fail to 
be their object next campaign, unless some measures be immediately 
adopted to prevent it, as the frontier settlements of the state of New 
York are already destroyed. In a word, their force will be so great that 
it will be out of the power of this state to form magazines and support a 
body of troops sufficient to withstand them, and the consequence must 
inevitably be either that the inhabitants of this state be sacrificed; or, 
2dly, they must be obliged to retire into the interior parts of the United 
States for safety; or 3rdly, be under the disagreeable necessity of making 
the best terms with the British that may be in their power. Nearly the 
same would be the condition of either of the United States separately 
considered from their union, (as they would be unable to withstand the 
British power,) which may abundantly serve to evince that it is out of 
the power of Vermont to be further serviceable to them, unless they are 
admitted into the union. 

I am, your excellency's most obedient, 

and most humble servant, Thos. Chittenden. 
Copy attest, Thos. Tolman, P. Sec'ty. 

His Excellency Governor Trumbull. 

The foregoing shows that Gov. Chittenden addressed substantially the 
same letter to Rhode Island, a copy of which he transmitted to Gen. 
Washington Jan. 15 1781. * The responses of Connecticut and Rhode 
Island were as follows: 

1 Vt. Hist. Soc. Collections, Vol. n, p. 6. 



276 Appendix G-. 

Proceedings of the General Assembly of Connecticut, relative to the admis- 
sion of Vermont, as a State, into the Union of the United States of 
America. 1 

At a General Assembly of the Governor and Company of the state of 
Connecticut, holden at Hartford (by special order of the Governor,) on 
the 21st day of February, Anno Domini 1781, — 

Kesolved by this Assembly, that the commissioners who are, or may 
be, appointed on the part of this state to meet the commissioners from 
the other three New England states, and the state of New York, in 
convention to be holden at Providence, at the call of his Excellency the 
Governor of Connecticut, be instructed, in addition to the commission 
already given them by this Assembly, to propose as a subject of consid- 
eration, in said convention, the request of the people calling themselves 
the State of Vermont, to be admitted into union and confederation with 
the thirteen United States of America, as a free and independent state, 
and report their doings, consultations and conclusions thereon, to this 
Assembly. 

And it is further resolved, that His Excellency the Governor be, and 
he is hereby, desired, as soon as may be, to notify the several states 
expected to meet by their commissioners, in said convention, of the 
above resolution, in order that said states may, if they see proper, make 
similar enlargements of instructions to their commissioners; and His 
Excellency the Governor is further desired to make a call of said con- 
vention as early as possible. A true copy of record ; examined by 

George Wyllys, Setfry. 

Eesolution of the General Assembly for the State of Bhode Island and 

Providence Plantations, at a session holden on the third Monday in 

March 1781. 2 

It is voted and resolved, that the Honorable William West, Esq., 
William Bradford and Esek Hopkins, Esqs., be, and they are hereby, 
appointed a committee to meet the commissioners from the other New 
England states, and the state of New York, in convention, to be holden 
in Providence, on the 12th day of April next, for the purpose of con- 
sulting and devising ways and means that Congress may be invested 
with power to collect and raise a permanent fund for the paying, 
clothing and supporting the army, and for discharging the interest 
arising upon the debts which have been contracted; that the said com- 
mittee be, and they are hereby fully empowered to consult, deliberate 
and advise with said convention, in all and every subject and matter 
which may be brought into contemplation, respecting the welfare of the 
United States or our allies; and in particular to take into consideration 
the subject-matter of the policy and justice of admitting into union and 
confederation with the thirteen United States of America, the people 
calling themselves the state of Vermont. 

Provided, that nothing which shall be done in the said convention, in 
consequence of this appointment, be binding upon this state, until 
ratified by this Assembly. 

1 From the Bhode Island Colonial Eecords, 1780-1783, Vol. ix, p. 343. 
"From the same, p. 365. 



APPENDIX K 



THE SECOND UNION OF NEW-HAMPSHIRE TOWNS WITH 
VERMONT, AND UNION WITH PART OF 
NEW YORK, IN 1781. 



The action of Congress in June 1780, and the hearing and postpone- 
ment in September, exasperated the Vermont government, and disheart- 
ened both the adherents to New York in Cumberland county, and the 
persons in eastern Vermont and western New Hampshire who favored 
an extension of the jurisdiction of New Hampshire over the whole of 
Vermont, or the establishment of a new state bounded by the Mason 
grant on the east and the main ridge of the Green Mountains on the 
west. The prime movers in a "plan," which resulted in annexing 
western New Hampshire and a large part of the north eastern section 
of New York to Vermont, were Ira Allen and Luke Knoulton. 
In Allen's History, immediately succeeding the last paragraph in his 
account in the preceding appendix, 1 he said: 

A plan was then laid [September 1780,] between two persons at 
Philadelphia, to unite all parties in Vermont in a way that would be 
honourable to those who had been in favour of New York, and said 
sixteen towns, [which united with Vermont in 1778,] that would also 
justify the Legislature of Vermont, to effect which, measures were taken 
to induce some of the western members of the Council and Assembly 
of New Hampshire, who had exerted themselves to extend the jurisdic- 
tional claim of New Hampshire over the territory of Vermont, to write 
circular letters to convene a Convention at Walpole, which met in 
December 1780. 3 

Of the adherents to New York who made the earliest public move- 
ment, Oct. 31 1780, the first man named was Luke Kstoulton, and he 
had for associates several of the leading supporters of New York in 
Cumberland county, as the following account, by B. H. Hall, of that 
convention, and of a second on the 8th of November, indicates: 

1 Appendix G, ante, p. 266. 

2 See Vt. Hist. Soc. Collections, Vol. I, p. 412. The Convention met on 
the 15th of November, instead of December. 



278 Appendix R. 

On this occasion, Luke Knoulton, Hilkiah Grout, Oliver Lovell, Col. 
John Sergeants, Micah Townshend, Maj. Jonathan Hunt, Simon Stev- 
ens, Charles Phelps, Benjamin Henry, James Clay, Maj. Elkanah Day, 
Thomas Cutler, and Barzillai Rice, were appointed a committee to take 
into consideration the feasibility of a new government, and to meet such 
persons as should be authorized, to consult upon the same question by a 
convention or a committee of the people of Gloucester [Orange] county 
on the west, and Grafton county on the east side of Connecticut river. 
The design of Cumberland county in these proceedings was u to devise 
and carry into execution such measures as should be deemed best 
calculated to unite in one political body all the inhabitants from 
Mason's grant on the east to the height of land on the west side the 
said river." — The idea thus brought forward of establishing the western 
line of a new district at the ridge of the Green Mountains, manifested 
clearly the unwillingness of the New York adherents to acknowledge 
the jurisdiction of Vermont, provided they could ensure their own 
safety in any other way. 1 

Delegations from three counties having by previous agreement met 
on the 8th of November, at Charlestown, New Hampshire, measures 
were taken to learn the sentiments of the inhabitants residing in the 
towns included in the district which it was proposed to establish. Until 
the result of this inquiry should be declared, ultimate action was post- 
poned. Desirous of engaging in the union, the towns in the county of 
Cheshire, New Hampshire, sent delegates to a meeting which was held 
at Walpole on the 15th of November. 2 



Proceedings of the Convention at Walpole, Nov. 15 and 16, 

1780. 3 

At a CONVENTION of DELEGATES from the several towns in the 
County of Cheshire, in the State of New-Hampshire, held at Walpole, 
in said county, on the 15th day of November, in- the year of our Lord, 
one thousand seven hundred and eighty : 

Voted, That Dr. Page, Col. Hunt, Capt. Holmes, Daniel Jones, Esq. 
and Col. Bellows, be a committee to confer with gentlemen from any 
parts of the territory, called the New-Hampshire grants, concerning the 
jurisdiction of the said grants, and to consider what is proper to be 
done by the inhabitants thereof, relative to their jurisdiction; that 
the same may be ascertained and established. Which committee, after 
due enquiry and consideration, report as follows, viz. The committee 
appointed by the convention, held at Walpole, November 15th, 1780, do 
report, that we have conferred with the several gentlemen present, who 
were committees from the different parts of the territory, called the 
New-Hampshire grants, viz. Cumberland, Gloucester and Grafton coun- 
ties, and do find, that many matters lately agitated, with respect to the 
jurisdiction of the New-Hampshire grants, render a union of the inhab- 
itants of that territory indispensably necessary. The said inhabitants 

x True as this was, this and the three succeeding conventions were 
undoubtedly parts in "the plan" of Allen and Knoulton— parts assigned 
respectively to the adherents to New York, and the movers of the first 
union of New Hampshire towns with Vermont. 

^History of Eastern Vermont, p. 401. 

8 Slade's State Papers, p. 126. 



Convention at Walpole, Nov. 1780. 279 

received the grants of their lands from the same jurisdiction, and settled 
them while a union was extant; which was an implicit engagement of 
authority, that it should be continued. But we were unjustly deprived 
of the advantages resulting from it, in the year 1764, by an arbitrary 
decree of Great Britain, to which we never acceded: which decree, 
however, cannot be esteemed efficacious, since the declaration of inde- 
pendence; it being one of those iniquitous measures, by which they 
were attempting to oppress the colonies; and for which we have since 
thrown off subjection. This being the case, the union re-exists. And 
shall we throw it off? God forbid. The situation of the territory 
aforesaid, by reason of their being a frontier, as well as many other 
matters, which are obvious, respecting commerce and transactions of a 
public nature, makes it expedient that they be united in all their 
interests, in order to make their efforts, in that quarter, against the 
common enemy, more vigorous and efficacious. In respect to govern- 
ment, great disadvantages may arise by a division. In that case, 
delinquents may easily evade the operations of justice, by passing from 
one state to another, and thereby be induced more readily to practice 
iniquity in that part where the body of inhabitants, and the principal 
traffick, center. And we imagine that a union of public interests is the 
only means by which the contentions and animosities, now subsisting 
among the inhabitants of the territory aforesaid, can be brought to a 
happy issue: for, so long as the course of justice is in different channels, 
where people are so nearly allied, disturbances will arise. From 
authentic information, we cannot but apprehend, that the state of New- 
Hampshire is greatly remiss, if not grossly negligent, (to call it by no 
harsher name) in trusting affairs of such great importance as the 
settlement of their western boundary, to a committee, some of whom, 
we conceive, would risk the loss of half the state, rather than ISTew- 
Hampshire should extend their claim west of Connecticut river. And 
from the best authority that can be obtained, it appears that the agent 
of the state aforesaid is endeavouring to confirm a division of the grants, 
contrary to their true interests; which has given the people, on the 
grants, just occasion to rouse and exert themselves in support of an union 
of the whole. We, therefore, earnestly recommend, as the only means 
to obtain an union, preserve peace, harmony, and brotherly love, and the 
interest of the community in general, that a convention be called from 
every town from within the said grants, to be held at Charlestown, on 
the third Tuesday of January next, at one of the clock, in the afternoon; 
and that one or more members be appointed from each town, with 
proper instructions to unite in such measures as the majority shall 
judge most conducive to consolidate an union of the grants, and effect a 
final settlement of the line of jurisdiction. 

B. Bellows, 

S. Hunt, 

D. Jones, y Committee. 

L. Holmes, 

W. Page, 

In Convention, at Walpole, November 16th, 1780. 
The above report being repeatedly read, — Voted, 

That it be accepted; and a sufficient number of copies be printed and 
transmitted to the several towns on the New-Hampshire grants, on both 
sides of Connecticut river, for their notice, to appoint one or more mem- 
bers to attend the said general convention ; which shall be deemed a suffi- 
cient notification. By order of the Convention, 

Benjamin Bellows, Chairman, 
A true Copy— Attest, Daniel Newcomb, Clerk. 



280 Appendix E. 

Journal of the Convention or Delegates from forty-three 



TOWNS ON THE NEW HAMPSHIRE GRANTS, JANUARY 16, 1781. 



At a Convention of Members from forty-three Towns on the New 
Hampshire Grants begun and held at Charlestown, January 16th, 1781. 

The Honorable Samuel Chase, 2 Esq; was chosen Chairman and 

Bezaleel "Woodward, 2 Esq; Clerk. 

Resolved, that General Bellows? Daniel Jones? Esq; Col. Hunt? Mr. 
Woodward? Col. Bedel? Col. Paine? Col. Olcott, Capt. Curtiss, Mr. White, 
Col. Wells, Mr. Knoulton and Mr. Townsend be a Committee to prepare 
matters necessary to be transacted by this Convention; and that they 
report the same with all convenient speed. 

January 18th, 10 O'clock A. M. 
THE Committee above named made report, which being read, is in 
the words following, Viz, Whereas the Governor of New Hampshire, 
before and after the close of the last war, did exercise jurisdiction over 
and grant the greatest part of the Lands within the territory commonly 
called the New Hampshire Grants, on both sides of Connecticut-River, 
to sundry companies of persons, principally inhabitants of New Eng- 
land; who offered to undertake, and carry into effect, settlements there- 
on, subject to the jurisdiction of the crown of Great-Britain, in connec- 
tion with the colony of New Hampshire. 

And whereas the said undertakers did undergo infinite hardships, 
toils and fatigues, in forming settlements in the several townships, on 
both sides of the river, agreeable to their engagements; induced by the 
happiness in prospect for themselves and posterity, resulting, in great 
measure, from an happy union of their settlements on the two sides of 
the river, under the same jurisdiction; the benefits of which had long 
been experienced in adjacent governments, and which were plighted to 
them by the circumstances and conditions under which they received 
and held their grants. 

And whereas the King of Great-Britain did, in the year 1764, pass 
an arbitrary decree, that the said territory should be divided at Connec- 
ticut River, subjecting one part to the jurisdiction of his Governor of 
New-York, and continuing the other part under the jurisdiction of his 
Governor of New-Hampshire, whereby the said territory was divided 
without the consent or knowledge of the owners and proprietors, in vio- 
lation of the royal engagements, and contrary to the true interest of the 
inhabitants; against which measure those most immediately affected, so 
soon as the matter came to their knowledge, did in the most humble, 
earnest and affecting manner remonstrate and petition; sent agents to 
Great-Britain to state before the King their grievances, and humbly in- 
terceded for redress; and at the same time took every prudent measure 
to obtain the interest of adjacent Colonies in their favor, especially that 
of New-Hampshire, from connection with which they had been separated. 

And whereas the said connection rendered the government of New- 
Hampshire more extensive than the object of their first incorporation, 
viz. the Mason patent; which extension has ever been a source of un- 
easiness and discontent, to several persons of influence and importance 
in that government, and the Assembly of New-Hampshire therefore re- 
fused to use their influence in favor of a re-union of the grants, after the 
division of them by the decree in 1764, when applied to for that purpose, 
in behalf of the owners, proprietors and inhabitants of the said territory. 

1 From Henry B. Dawson's Historical Magazine, number for Janu- 
ary, 1871— furnished by the late Capt. W. F. Goodwin, U. S. A. 

2 Of New Hampshire. 



Convention at Charlestown, Jan. 1781. 281 

And whereas the obligations of the inhabitants of the said territory, 
as well as Of all others in the United States, to allegiance and subordin- 
ation to the crown of Great-Britain have ceased, on account of the series 
of unconstitutional and oppressive measures of that authority, towards 
the American plantations; and independence has therefore been de- 
clared by the inhabitants of the said grants, with the United States, 
whereby all those connections have ceased which resulted from, and were 
dependant on a subordination to Great-Britain. And as the said terri- 
tory was never annexed by Charier to any one or more of the American 
colonies, nor otherwise connected, than by an order of the King to his 
Governors, to exercise authority there in behalf of the crown, and by a 
grant of the feoffees to claim a right to be continued in union with one 
another in matters of Government; the jurisdiction was of consequence, 
by the declaration of independence, transferred to the inhabitants; which 
they had good right to undertake and exercise, whenever they should see 
fit — Yet the said inhabitants, influenced by attachments to the different 
governments with which they had been connected (resulting from an 
habituated submission to despotic power) and not immediately attending 
to the singular circumstances, under which independence from the power 
of Great-Britain left them, did many of them passively submit to, and 
act with those governments, to which the King of Great-Britain had last 
annexed them; While on the other hand, a considerable part of the in- 
habitants of the said territory, influenced by uneasiness with the meas- 
ures of those governments, and being early led to enquire into our pe- 
culiar situation (to which others were inattentive) did observe, and pub- 
lish to the world, their views in respect to our independance; and in 
conformity thereto, broke off connection with the states of New-York 
and New-Hampshire, — And of those on the west side of the river, who 
had withdrawn connections from the state of New-York, viewing only 
the operation of independence from Great-Britain, in respect to them- 
selves and not attending that the whole of the Grants were thereby 
placed in similar situation, did associate together, and set up a new and 
independent government. 

And whereas as the states of New-York and New-Hampshire, influ- 
enced by the refusal of a respectable number of inhabitants of those parts 
of the Grants, which they severally claimed, to submitt to their respec- 
tive jurisdictions, complained to the. Congress of the United States, of 
measures taking by the said inhabitants in respect to their independency; 
and also, made known to Congress, that they had claims to the said ter- 
ritory: And as Congress, on the 24th of September, 1770, did resolve 
and publish, that they would take upon themselves a final settlement of 
the disputes respecting the said Grants, provided the states concerned 
should agree thereto; (and, among other things, recommended that no 
state should exercise jurisdiction over any of the inhabitants of the said 
district, except such as should profess allegiance to, and confess the ju- 
risdiction of the same)— which was complied with by the states. And 
as sundry periods have elapsed, which Congress had appointed for a de- 
cision of the said matter, in controversy, without anything material 
being transacted on the subject; and as, notwithstanding the claim of 
New-Hampshire to the whole of the Grants, the evident object of both 
states, by their agents at Congress, has of late been to establish a divis- 
ion at the river, contrary to the true interest of the inhabitants; as they 
would thereby be deprived of those advantages, in respect to commerce, 
and transactions of a public nature, which would naturally result from 
that union of the two sides of the river, which they had warrant to ex- 
pect, and have right to demand, from the nature, tenor, and circumstan- 
ces of the grants which they hold. 



282 Appendix H. 

And whereas a considerable part of the inhabitants on the said ter- 
ritory, having disavowed connection with any state already formed, have 
subsisted for some time without any regular form of government, and 
have been destitute of civil regulations, for want of which they are re- 
duced to lamentable circumstances; and as they are thereby prevented, 
in a great degree, from performing that part in the present contest with 
Great-Britain, which might otherwise reasonably be expected, and which 
might be of essential service in the grand dispute: — And as the conti- 
guity of the said Grants to the province of Canada, renders the inhabi- 
tants a frontier to the New-England states; and as the parliament of 
Great-Britain have done what in them lies, towards annexing the greater 
part of the said territory to the province of Canada, by the act commonly 
called the Quebec Bill; for the purpose of obtaining an establishment 
whereof, it is to be expected they will further employ their force, in at- 
tempting the reduction of the inhabitants, or destruction of them and 
their property. And as the British forces, in conjunction with their sav- 
age allies, have of late begun a new scene of devastation among us, by 
burning some of our towns, and carrying the peaceable inhabitants into 
captivity: and it is to be expected that great part of the said territory 
will be treated in the same manner, unless vigorous measures are taken 
to prevent them: — And as there is no military force employed by the 
continent, or any of the states, for our defence, which renders an union 
without delav absolutely necessary, or great numbers will immediately 
abandon their habitations, which will give such advantage to the cause 
of Britain, and so open and extend this frontier, that a much greater 
force will then be necessary for its defence: — And as nothing considera- 
ble can be done by the inhabitants of the said territory, tending to their 
own defence, until thej r are firmly united for that purpose, and in meas- 
ures of government. 

This Convention therefore, taking the aforesaid matters into their 
most serious consideration, and being duly authorized by their constitu- 
ents, the inhabitants of the said territory, do hereby publish and declare, 
that notwithstanding all the unjust measures which have been, or may 
be, taken to divide us, the right of union still remains to the inhabitants 
of the said territory, which we are determined to maintain and support; 
and bind ourselves by the ties of virtue and honor, as we are already bound 
by the ties of interest, to unite in all such lawful measures as the major- 
ity of the representative body of the inhabitants of said territory, duly 
convened, or such as they may appoint under them, shall agree upon, to 
maintain and support a union of the inhabitants on the whole of the said 
Grants; holding ourselves in duty bound to abide the decisions of Corigress 
on the subject, when the matter shall be properly stated before them, and 
their resolutions thereon be obtained. 

As the primary object of this Convention is, that an union of the 
whole of the Grants be formed and consolidated, upon principles that 
the majority think proper; and as a considerable part of the said Grants 
are represented in the state of Vermont, 

Resolved, That a Committee be chosen to confer with the said As- 
sembly, at their next session, on the subject of said union; and invite 
them to join in measures which may be most conducive to obtain the 
object proposed. 

Resolved, That the proceedings of this Convention be laid before 
the several towns on the Grants, for their approbation; recommending 
that those towns which concur in the measures, and have no representa- 
tives or delegates in this Convention, appoint members for that purpose; 
and that each and every town impower their members, to join with the 
representatives of other towns on the Grants, who shall a^ree to unite 
together, in all such measures as shall be necessary for our internal reg- 
ulations and defence. 



Convention at Charlestown, Jan. 1781. 283 

Which declaration and resolutions having been repeatedly read, and 
maturely considered, the question was put, whether this Convention do 
agree with their Committee in their said report ? — which was carried in 
the affirmative. 

Whereupon 

Kesolved, That Dr. William Page, Daniel Jones, Esq; and Mr. Eli- 
jah Prink, of the county of Cheshire; Luke Knoulton, Micah Townsend, 
and John Bridgman, Esqs. of the county of Cumberland; Col. Peter 
Olcott, Noah White, Esq; and Capt. John Strong, of the county of Glou- 
cester; and Col. Paine, Bezaleel Woodward, Esq; and Mr. Davenport 
Phelps, jf the county of Grafton, be a Committee to confer with the As- 
sembly of Vermont, agreeable to the foregoing resolutions. 

Resolved, That the proceedings of this Convention be printed, and 
one copy thereof transmitted to each town on the Grants; and that Maj. 
Day, Mr. Townsend, and Mr. Lovel, be a Committee for that purpose. ' 

Resolved, That this Convention do adjourn, to meet at the meeting 
House in Cornish, on the first Wednesday in February next, at one of 
the clock in the afternoon. 1 

[Protest of a minority of the Delegates.] 

" In Convention at Charlestown, January 18, 1781. 

"We the subscribers, delegates from the several towns to which our 
" names are affixed, wishing for, and endeavoring to form a union of the 
" New-Hampshire Grants on both sides of Connecticut River, and con- 
" tented that they be annexed to New Hampshire, or be a seperate state, 
u as Congress may judge proper; but thinking ourselves not authorized 
" by our constituents to unite with the said Grants, in the method re- 
" solved by the said Convention; and being of opinion that their pro- 
" ceedings have a tendency to weaken the reins of government — to re- 
u tard the exertions of those who are engaged to oppose the public 
" enemy — to introduce irregularity and disorder in the county of Chesh- 
" ire, and not conducive to the end proposed; think it our duty to protest 
" against the proceedings of said Convention. 

" Winchester \ Samuel Ashley, 
Winchester | Reuben Alexander. 

" Walpole? Benjamin Bellows. 

" Charlestown? Samuel Hunt. 
u Richmond, Oliver C apron. 
" Keene $ Timothy Ellis, 

j^eene, ^ Daniel Newcomb. 

" Alstead, Nathaniel S. Prentice. 4 

< Oliver Ashley, 
\ Matthias Stone. 4 
"Newport, Benjamin Giles." 4 

Extract from the Minutes. Beza. Woodward, Clerk. 

x The proceedings of the adjourned session of the Convention, so far 
as known, appear in the record of the Vermont Assembly, post. 

2 There were two members attending from Walpole. — W. F. G. 

8 Three members attended from Charlestown, two of whom agreed to 
the Report of the Committee. — W. F. G. 

* These gentlemen were all members of the Vermont Assembly after 
the union. The towns named in this protest were all in New Hamp- 
shire, and the signers of the protest were, at its date, members of the 
Assembly of that state. 



" Claremont, 



284 Appendix R. 

Secret History of the Charlestown Convention, &c, by Ira 

Allen. 1 

The Governor and Council appointed Colonel Ira Allen to repair to 
Charlestown to meet that Convention, and to take such measures as his 
prudence should dictate, and which might be conducive to the interest 
of the State. Mr. Allen took credentials from Sunderland, as a member, 
to meet the Convention, from that town, agreeable to invitation; before 
he arrived, the Convention had been in session two days, and had 
appointed a Committee to state the business of their meeting. Forty- 
three towns were represented in the Convention; twelve of those 
representatives were members of the Council and Assembly of New 
Hampshire. Mr. Allen did not take a seat as a member of the Conven- 
tion, nor produce his credentials. At length the Committee reported to 
unite all the New Hampshire grants to New Hampshire, which was 
adopted by a great majority, and went in fact to annihilate the State of 
Vermont. Mr. Allen informed some confidential persons, that the 
Governor, Council, and some other leading characters, on the west side 
of the Green Mountains, were for extending their claim of jurisdiction 
to the Mason line; and that if the Convention would take proper 
measures the Legislature of Vermont would extend their claim at their 
adjourned term in February, 1781; and that he was authorized to give 
such assurance. 

A motion was made and carried, to consider the report, and re-commit 
it to the committee, to be corrected and fitted for the press, as it would be 
a matter of public notoriety, and to lay it again before the Convention 
next morning. The friends of New Hampshire were much pleased 
with their success, and well enjoyed the night; but the scene changed 
the next morning, and the committee reversed their report, and reported 
to unite all the territory of New Hampshire, west of Mason's east 
line, extending to Connecticut river, with the State of Vermont; and 
which report was accepted by a great majority of the Convention, it 
being principally opposed by twelve members of the Conuncil and 
Assembly of New Hampshire, who, thereupon, withdrew to remonstrate 
against the proceeding. 

This bare-faced conduct of the members of the Legislature disclosed 
their intention at once, and furnished Vermont with fair pretensions to 
extend her jurisdiction on grounds of similar policy and self-preservation. 

The Convention then appointed a Committee to confer with the Legis- 
lature of Vermont at their next term, and adjourned to meet at Cornish 
(only three miles from Windsor, the place of session of the Legislature 
of Vermont, agreeable to adjournment) on the same day with them. 

On February 10th, the Committee informed the Assembly, then sitting 
at Windsor, that "the Convention of the New Hampshire towns was 
desirous 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 a in order 
to quiet the present disturbances on the two sides of the river (Connec- 
ticut) and the better to enable the inhabitants on the two sides of said 
river to defend their frontier, the Legislature of this State do lay a 
jurisdictional claim to all the lands whatever, east of Connecticut river, 
north of Massachusetts, west of the Mason line, and south of latitude 
45°; and that they do not exercise jurisdiction for the time being." 

1 From Ira Allen's History, in Vt. Historical Society Collections, Vol. I, 
pp. 413, 414. 



Second Eastern Union. 285 

The Convention of the New Hampshire towns was then sitting at 
Cornish, on the opposite side of the river; and on February 22d, the 
articles of union were agreed upon, and confirmed; nevertheless, the 
right of dissolving the union of the district was retained by the State of 
Vermont. 



The joint Action of the Chatclestown Convention and the 

General Assembly of Vermont, on the 

Unions, Ferruary 1781. 1 

Thursday, Feb?- 8 th 1781. 

A letter signed "Elisha Payne Chairman" of the Convention [the 
adjourned Charlestown Convention then sitting at Cornish,] directed to 
the "Hon ble Thomas Porter Esq 1- - Speaker of the Assembly of the State 
of Vermont," requesting to be heard on the business of their appoint- 
ment—and likewise enclosing sundry resolutions of a Convention of 
members from forty-three towns in the New Hampshire Grants began 
and held at Charlestown Jan?- 16 th 1781," was read and [it was] 

Resolved that the Governor & Council be requested to attend this 
House in a Committee of the whole to confer together before the said 
Committee be heard. 

The Governor & Council attended accordingly and [both Houses] 
Resolved themselves into a Committee of the whole. 

The Com tee of the whole having adjourned, the House formed and 
adjourned. 

The committee of the whole met on the 9th, 10th and 12th. The 
proceedings of the day last named were recorded in the Assembly jour- 
nal of the 14th as follows: 

State of Vermont, Windsor Feb^- 12 th 1781. 

Agreeable to the order of the day, the Governor, Council and House 
of Representatives met, and formed into a Committee of the whole, for 
the purpose of taking into consideration the matter of laying a jurisdic- 
tional claim east and west — His Excellency Tho s - Chittenden Esq r - in the 
Chair. After some debate, a Committee of seven were appointed to 
prepare a Report, to be made to this Committee, which Report was 
made as follows, viz. [on the 14th:] 

To the grand Committee consisting of his Excellency the Governor the 
hon hle Council and House of Bepresentatives — 

Your Committee to whom was refered the several papers from the 
Committee of the Convention at Cornish and also the requests of the 
inhabitants living north of a line being extended from the north line of 
the Massachusetts to Hudsons River and east of the same River and 
South of Latitude forty five beg leave to Report — viz. — 

That whereas the district of country formerly known by the name of 
the New Hampshire Grants was peopled in consequence of grants of 
lands from New Hampshire and whereas the former government of 
New York did by cunning in the year 1764 obtain a Royal order to 
exercise jurisdiction to the west bank of Connecticut River which was 
against the consent of the people of said district. New York proceeded 
to grant subsequent pattents, erect courts, issue writs of ejectment, 
possession &c. in prejudice to the first grantees and occupants; the 
inhabitants necessitated to it declared a defensive war against the 
government of New York and that government made acts of outlawry 
against said inhabitants and warlike preparations was making on both 

1 Extracts from the Ms. Assembly Journal, Vol. I. 



286 Appendix H. 

sides. In the interim the people governed themselves by conventions 
who at several times made application to New Hampshire to exert 
themselves to obtain jurisdiction who by a Proclamation &c. wholly 
rejected any such connections. Thus stood the case at the grand sera of 
American Independence when in Kingly governments all jurisdiction 
and jurisdictional lines ceased and all governmental powers devolved on 
the people, when they, continuing said Convention, emerged into inde- 
pendence, declaring themselves on the fifteenth day of Jan^- 1777 to be a 
sovereign, free and independent people — and 

Whereas the general court of New Hampshire did on the 19 th day of 
July 1777, by a letter signed "Meshech Weare President" directed to 
"Ira Allen Esq 1 '- Secretary of the State of Vermont," acknowledge the 
independence of this State, and whereas on the representation of a 
Committee inhabiting several towns east of and contigious to Connecticut 
Kiver made to the Assembly of this State at their Session in March 1778 
that a number of towns east of and adjoining to said River were uncon- 
nected with any State with regard to their civil police, this State upon 
said Representation did admit sixteen towns east of said River to Union 
and extended jurisdiction over them — and 

•Whereas the General Court of New Hampshire did, by their letter 
dated Aug*- 22 d - 1778 signed "Meshech Weare President of the Council 
of New Hampshire" directed u To the hon ble - Tho s - Chittenden Esq r -" 
demand of the State of Vermont a surrendery of their jurisdiction east 
of said River which will appear in the following paragraph in said letter 
viz— "I beseech you Sir for the sake of the people* over whom you 
"preside and the [said] people for the sake of their future peace and 
" tranquility to relinquish every connection as a political body with the 
" towns east of Connecticut river who are members of the State of New 
" Hampshire entitled to the same privileges as the other people of the 
"said State from which there never has been any attempt to restrain 
"them." — The Legislature of Vermont at their session in Feb?- 1779 on 
the reception of President Weares said letter, considering their territory 
to be larger and more fertile than that of New Hampshire allowing 
[including] the latter said sixteen towns east of said River and being 
unwilling to have a controversy with a neighbouring State, did close with 
the demand of New Hampshire and relinquished jurisdiction east of 
said Connecticut River. In this the minds of the two governments met 
and virtually settled upon the River as the boundary line between the 
respective States. An agent was then appointed to transact the dissolu- 
tion of said Union to the General Court of New Hampshire who on his 
arrival there found, after delivering his message, that there was a plan 
on foot for laying a jurisdictional claim to the territory of Vermont 
under pretext of friendship and to baffle the claims of New York. Said 
agent made strenuous efforts against such claims being laid, arguing 
that it could not be of much service to Vermont as she had little to fear 
from New York, and the further consideration was postponed to their 
next Session. In the interim an agent was again sent to attend said 
General Court with a letter from the Governor of this State requesting 
the Legislature of New Hampshire in the most urgent manner not to 
lay claim to this State. After a hearing before both houses and the 
most pressing arguments used, the legislature did insist that they would 
do Vermont a favour, and accordingly laid their claim and directed their 
agents to lay said claims at Congress, which together with the claims of 
the neighbouring States has prevented this State from obtaining a seat 
in Congress. 1 

1 Ira Allen was the agent of Vermont on both occasions. For his 
account, see Vol. i, pp. 407-409. 



Eastern and Western Unions. 287 

It is to be here observed that New Hampshire have from the time of 
laying her aforesaid claim endeavoured to support internal broils in the 
eastern part of this State contigious to Connecticut Elver. Some 
gentlemen inhabitants of the County of Cheshire, that are or have been 
members of the General Court of New Hampshire, not long since in 
Convention when fatal necessity obliged them to it, publickly declared 
that their intentions were to unite the whole of the grants (meaning 
Vermont) to N. Hampshire. — And whereas Sundry applications have 
been made by the people inhabiting west of the line known by the 
name of the Mason line, and east of Connecticut river, to unite with 
this State in one distinct government— Their last application is in the 
words following viz — 

u To the kon ble the Gen 1 - Assembly of the State of Vermont now sitting in 
" Windsor." 

"The Committee appointed by the Convention holden at Charlestown 
"the 16 th of Jan^- last to confer with the Assembly of said State beg 
" leave to inform that the Convention are desirous of being united with 
" the State before mentioned in one seperate independent government 
"upon such principles as shall be mutually thought the most equitable 
"and beneficial for the whole, desiring an answer as soon as may be. 

"By order of the Committee. Elisha Payne. 

"Windsor Feb?- 10 th 1781." 

Therefore your Committee do recommend, in order to quiet the pres- 
ent disturbances on the two sides of the River and the better to enable 
the inhabitants on the two sides of said River to defend the frontiers, that 
the Legislature of this State do lay a jurisdictional claim to all the lands 
situate east of Connecticut River north of the Massachusetts and South 
of latitude 45 — and that they do not exercise jurisdiction for the time 
being. 

[ON Till': WESTERN UNION.] 

Whereas the government of New York have for more than sixteen 
years last past made use of every art and cunning in their power to 
usurp the rights and properties of the people of this State; while every 
measure hitherto adopted has proved abortive for settling a controversy 
of such magnitude, so necessary to be settled for the peace and welfare 
of the United States at this critical period, the unfortunate situation of 
this State being that of having an extensive frontier of more than one 
hundred miles in length to defend against the British invasion from the 
Province of Quebeck, by the avaricious and ambitious claims of the 
neighbouring governments and by the powers assumed over them by 
Congress, [this State has] have at several times been embarrassed in 
raising men and money for the defence of her frontiers; and by resolu- 
tions of Congress, obtained by the claiming governments, notwithstand- 
ing the brave exertions of this State in the Bennington Battle &c, every 
article belonging to the Continent has been called for and ordered out 
of the State even to pick-axes and spades at a time when the State was 
erecting a new line of forts on her frontiers, at which time the State of 
New York evacuated their fort at Skeensborough [now Whitehall,] 
which necessitated the people x to petition this State for protection, when 
this State reinforced her guards and directed her scouts to cover said 
people. 

1 The people of that part of New York, or the part covered by the 
supposed government of Skene, mentioned in the next section. 



288 Appendix E. 

And whereas it appears by the best accounts hitherto obtained that 
there was a government established by the Court of Great Britain be- 
fore the sera of American independence, including all the lands this 
State at present exercises jurisdiction over, as also a much greater west- 
ern extent, over which Governor Philip Skene was to have presided, 
which overturns the claims of New York on their own stating 1 — 

And whereas it appears that the government of New York is still de- 
termined to do everything in her power to embarrass and overturn the 
jurisdiction of this State, and have made no answer to Governor Chit- 
tenden's letter of the 22 d Nov r - last past which was sent to the Legisla- 
ture of New York demanding of them to relinquish their claim of juris- 
diction to this State and inviting them to join in the mutual defence of 
the frontiers of the two States against British invasion from the Prov- 
ince of Quebec — 

Therefore your Committee do recommend 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 
Hudson's Kiver the east of the center of the deepest channel of said 
River to the head thereof, from thence east of a north line being ex- 
tended to latitude 45 and south of said line, including all the lands and 
waters to the place where this State now exercises jurisdiction — and not 
to exercise jurisdiction for the time being. 

By order, Joseph Bowker, Chairman. 

Windsor Feb^- 14 th - 1781. 

In Committee of the whole, Feb? 14 th 1781. 
The aforesaid Report was read and accepted. 

Attest, Ros. Hopkins, Clerk. 

[In General Assembly, Feb. 14, 1781.] 
The aforesaid Report was read and accepted, and thereupon 
Resolved that this state have and do hereby lay a jurisdictional claim 
to all the lands and waters described in the aforesaid Report. 

Resolved that a Committee of five be appointed to join a Committee 
from the Council for the purpose of waiting upon the Committee ap- 
pointed by a Convention held at Charlestown with the Report of the 
Committee of both houses upon the subject of jurisdictional claims and 
passed the house this day. 

The members chosen M r - Harris [Edward of Halifax,] M r - Strong [Col. 
John of Dorset,] M r Pearl [Col. Stephen of Rupert,] M r - Walbridge 
[Col. Ebenezer of Bennington,] and M r Murdock [Major Thomas of 
Norwich.] 2 

In General Assembly, Feb^- 15 th - 1781. 

A request from the Convention was delivered to this House by their 
Committee, and 

Resolved that a Committee of three to join a Committee from the 
Council be appointed to prepare an answer to the aforesaid request of 
the Convention now sitting at Cornish — and report to this House as soon 
as may be. The members chosen M r Walbridge, M r - A. Robinson 
[Amos of Hartford,] and M r - Webb [Joshua of Rockingham.] 8 

1 See ante, p. 239, note. 

2 Three Councillors were joined the same day — Messrs. Allen, Em- 
mons, and Fassett. 

8 The Councillors joined were Messrs. Allen and Brownson. 



Second Eastern Union. 289 

Resolved that the Committee from the Convention be informed that it 
is not likely that an answer to their request can be given until tomorrow 
morning 9 °Clock. 

Resolved that the Report of the Committee of the whole which passed 
this House yesterday respecting jurisdictional claims be referred until 
tomorrow morning for further consideration. 

Friday, Feb^- 16 th - 1781. 

The Committee to whom was refered the request of the Convention 
now sitting at Cornish &c. brought in the following Report viz. 

That this Assembly is willing to receive the inhabitants of the New 
Hampshire Grants east of Connecticut River and west of the Mason 
line into union with this State if we can agree on terms that shall be 
safe for this State and beneficial for the whole. 

The reason why some public papers was not delivered to the Commit- 
tee of said Convention as agreed upon are — that the bill was long and 
took longer to copy it than was expected, that the appointment of the 
Committee happened to be laid aside among other papers and could not 
be found till 12 oClock, that it was expected that Doct r - Page would have 
waited at Windsor till the copies were ready, that about one oClock the 
copies were offered to him — and he did not take them. 

P r order, Tim - Brownson, Ch m - 

The aforesaid Report was read and accepted and 

Resolved that a Committee of two to join a Committee from the 
Council be appointed to wait on the Cornish Convention with the afore- 
said Report. The members chosen M r - Walbridge and M r - E. Smith 
[Capt. Elihu of Clarendon.] l 

After the intervention of other business the journal proceeded as fol- 
lows: 

A Resolution from the Convention passed this day was delivered to 
this House by a Committee appointed by said Convention for the pur- 
pose mentioned in the said Resolve; and thereupon, 

Resolved, that a Committee of nine to join a Committee from the 
Council be appointed to confer with the said Committee from the Con- 
vention according to said Resolve and make Report of their proceedings 
as soon as may be. — The members chosen Col - Strong, M r - E. Smith, M> 
Walbridge, M r - S. Robinson [Samuel of Bennington,] M r - Murdock, M r - 
Webb, M r - M. Powell [Martin of Manchester,] M r - Harris, and M r - Whip- 
ple [Benjamin of Rutland.] 2 



The following, from Slade's State Papers, embraces details of the nego- 
tiation between the committees of the Convention and the Legislature, 
and the remaining action of the latter as extracted from the journals of 
the Assembly and Council and certified by their recording officers for 
publication. 

" Articles of Union, agreed upon between the Committee of the Legislature 
of the State of Vermont, and the Committee of the Convention of the 
New-Hampshire Grants, at Windsor, in Feb. 1781. 
Article 1. That the Constitution of said state be adopted as it now 

stands, subject to a revision, when the people, at large, shall judge 

proper. 

1 Councillor Allen was joined. 

2 Councillors Allen, Fassett, Spooner, and Emmons were joined. 

20 



290 Appendix H. 

Answer — We cannot agree to a revision of the Constitution, in any- 
other way than is pointed out therein. 

Reply — The answer of the committee of the Legislature to our first 
article, not objected to. 

Art. 2. That so soon as the circumstances of the state shall admit, 
the Legislature of the state shall apply to the Congress of the United 
States, -to be admitted into confederation with them. 

Answer — Agreed to. 

Art. 3. That no farther grants of land shall be made by the Legisla- 
ture of Vermont, until the towns included in the Union have opportu- 
nity to be represented in the Assembly. 

Answer— Not admissible. 

Reply — Agreed to omit the third article, in confidence the Assembly 
will act on principles of honor, in respect to it. 

Art. 4. That all expences of the several towns, non-represented in 
the Legislature of Vermont, and those which shall be admitted into the 
Union, which shall have accrued in respect to the war, be, at some fu- 
ture period, properly adjusted, and that the whole be at equitable charge 
therein. 

Answer — Admitted, on condition the losses of the suffering inhabi- 
tants of this state, be included. 

Art. 5. That a general and full act of oblivion be passed for the per- 
sons who, on the first day of October last, professed themselves subjects 
of the state of New-York: and that all judgments for fines, forfeitures, 
&c. against any, or either of the said persons, for opposing the authority 
of the state of Vermont, be annulled; and that no judgments be, here- 
after, rendered against any of the said persons for offences heretofore 
committed against said state. 

Answer — Agreed to. 

Art. 6. That no civil suits shall hereafter be maintained against any, 
or either, of the said persons, for trespasses, heretofore committed by 
them, against any of the officers of the said state or their assistants. 

Answer. — Agreed to. 

Art. 7. That where unappropriated lands were granted by the late 
government of New-York, antecedent to 1st of September, 1775, the 
property of such grantees, now residing upon the New-Hampshire 
grants, shall be secured to them, free from expence; and where the same, 
or any part thereof, has already been granted by this state, compensation 
in value, shall be made in other unappropriated lands, free from ex- 
pence. 

Answer. — Not agreed to. — Whatever compensation of that kind is 
made, it must be done on application to the Legislature, according to 
equity, arising out of each particular case. 

A Message from Committee of Convention to Committee of the Legislature. 

In order that the committee of Convention may the better determine 
on articles necessary to be proposed, respecting the regulation of Militia, 
present defence, &c. we would request the committee of the Legislature 
of Vermont to suggest to us their ideas in respect to the time and man- 
ner, in which the Union shall be completed, in case other articles can 
be mutually agreed on ; and wish for an answer, before we proceed fur- 
ther. E. Payne, for the Committee. 

To the honorable the Committee of the Legislature. > 
Saturday, 12 o'clock, February 17th, 1781. {" 

The answer of the Committee of the Legislature to the foregoing Message. 
The committee are of opinion that, if articles of Union are fully 



Second Eastern Union. 291 

agreed on, it ought to be completed, at farthest, by the first Wednesday 
of April next; and that the manner be as follows, viz. 

The Legislature shall call on all the towns, in the state of Vermont, 
and also on all the towns on the New-Hampshire grants, east of Connec- 
ticut river, to give their sentiments relative to the Union's taking place, 
as soon as may be; and that the votes of each town be returned to the 
assembly, at their adjourned session, on the first Wednesday of April 
next; and, on condition that two thirds of the towns in the state of Ver- 
mont, at a legal town meeting, vote for the union, and also, two thirds of 
the towns, on the New-Hampshire grants, east of Connecticut river; at 
the same time, those towns that vote for the Union (who are not repre- 
sented) be directed by the Legislature, to choose members to sit in the 
assembly, who will be admitted, in case the Union is completed as afore- 
said. By order. I. Allen, Clerk. 
To the honorable the Committee of Convention. \ 
Saturday, 2 o'clock, February 17th, 1781. \ 

The Reply of the Committee of the Convention, to the above Answer of the 
Committee of the Legislature. 
In order to facilitate the raising and subsisting men for the present 
defence, according to the act of the Legislature of Vermont, for that pur- 
pose, the committee of Convention concur with the proposals of the hon- 
orable committee of that Legislature, in respect to the time and manner 
of completing the Union, with the following explanations and altera- 
tions, viz. 

1. That those towns only, who make returns, be reckoned in comput- 
ing the proportion. 

2. That an extent of only those towns, east of the river, which are 
within about twenty miles of it, be referred to. 

3. That the towns, not represented in Assembly, shall be immedi^ 
ately called on to elect members to take their seats in Assembly, on the 
said first Wednesday of April next, in case the Union shall be concurred 
in by a major part of the towns who act on the matter; which will, 
doubtless, include two thirds of the inhabitants. 

E. Payne, for the Committee. 
To the honorable Committee of the Legislature. > 
Tuesday, 10 o'clock, A. M. February 20th, 1781. J 

The Assembly's committee give for answer to the committee of Con- 
vention, to their proposed explanation and alteration of the proposals of 
this committee, as to the manner and time of completing the Union: — 

Art. 1. Agreed to. 

Art. 2. Agreed to. 

Art. 3. That the towns, proposed to be in Union, be immediately 
called on to choose members to sit in Assembly, on the first Wednesday 
in April next, in case the Union shall be concurred to, by a major part 
of the towns in this state, and two thirds of the towns, east of, and 
within about twenty miles of Connecticut river. 

By order, J. Fassett, Chairman. 

To the honorable Committee of Convention. 

Tuesday, 3 o'clock, February 20th, 1781. 

Art. 8. Proposed by the Committee of Convention. 

That wherever persons, who professed themselves subjects of New- 
York, have heretofore been fourfolded, for not giving in their list to 
the assessors, or if such cases shall happen before the approbation of the 
several articles of Union by the Assembly and Convention, respectively, 



292 Appendix H. 

the fourfold shall be relinquished, upon the party's giving in his list to 
the assessors. 

Answer. — Agreed to. 

Art. 9. That wherever property has been taken, under the authority 
of Vermont, or shall be taken, before the several articles of Union shall 
be ratified by the Assembly and Convention, respectively, from any of 
the persons in the county of Cumberland, who, at, or before, the time of 
such taking, professed themselves subjects of New- York, for fines, for- 
feitures, &c. credit shall be given to the persons aforesaid, for the full 
value of such property, in future military services. 

Answer. — Not agreed to, in the extensive sense that it may be taken 
in; yet, it is expected that whatever personal service has been done, or 
fines, will be duly considered. 

ART. 10. That all actions, pending in any court in the counties of 
Cheshire and Grafton, shall be transferred in the situation they shall be 
in, at the time of completing the Union, to Courts to be then, forthwith, 
erected, under the authority of Vermont, without cost to the parties, 
other than would have accrued, had they been terminated in Courts un- 
der the jurisdiction of New-Hampshire. 

Answer. — Agreed to. 

Art. 11. That those towns, east of the river, who have paid their 
proportion, or any part thereof, of the sixty million of dollars, appor- 
tioned to New-Hampshire, shall have credit for what they have severally 
paid to the treasury of said state, in case Vermont, at any future period, 
shall have to pay their proportion of the Continental assessment for the 
money emitted by Congress. 

Answer. — Answered in the answer to the fourth article. 

A Message from the Committee of the Convention, to the Committee of the 

Legislature. 

The Committee of Convention beg leave to inform* the Committee of 

the Legislature of Vermont, that they have, at present, no additional 

articles, and agree to wave any further objections to answers received to 

those already proposed, and wish to receive whatever the Legislature's 

Committee have to add, on the treaty. E. Payne, for the Committee. 

The honorable Committee of Legislature. 

Tuesday, 5 o'clock, P. M. February 20th, 1781. 

A Message from the Committee of the Legislature to the Committee of Con- 
vention. 

As no further proposals are to be made by the Convention's Commit- 
tee, at present, the Assembly's Committee propose the following arti- 
cles, as really necessary for the peace and well being of this state, and 
the United States. 

Art. 1. That the independence of the state of Vermont be held sa- 
cred; and that no member of the Legislature shall give his vote or oth- 
erwise use endeavors to obtain any act or resolution of Assembly, which 
shall endanger the existence, independence or well being of the state, 
by referring its independence to the arbitrament of any power. 

Art. 2. That whenever this state becomes united with the American 
States, and there shall then be any dispute between this and either of 
the United States, respecting boundary lines, the Legislature of this 
state will then (as they have ever proposed) submit to Congress, or such 
other tribunal as may be mutually agreed on, the settlement of any such 
disputes. By order, J. Fassett, Chairman. 

The honourable Committee of Convention. ) 

Wednesday, 11 o'clock, A. M. February 21st, 1781. \ 



Second Eastern Union. 293 

A Message from the Committee of Convention, to the Committee of the 

Legislature. 
The Committee of Convention agree to article first and second of the 
proposals of the Committee of the Legislature of Vermont. 

E. Payne, for the Committee. 
Wednesday, 12 o'clock, February 21st, 1781. 

By order, John Fassett, 

Chairman of the Committee of the Legislature. 
Elisha Payne, 
for the Committee of Convention. 

The Committees of Legislature and Convention agree to recommend 
that the assembly of Vermont adjourn to the first Wednesday in April 
next, then to meet, at Windsor: and that the people, in the several 
towns proposed to be united, on both sides of the river, be requested to 
express and make return, at that time, of the sense of the towns in re- 
spect to a completion of the Union; and that those towns who agree to 
the Union, on either side of the river, who are not duly represented in 
the assembly, be requested to appoint members to attend the assembly, 
at the proposed adjournment; and that the constable or selectmen be 
requested to warn meetings of the inhabitants of such towns, seasona- 
bly for that purpose. John Fassett, 

Chairman of the Committee of the Legislature. 
Elisha Payne, 
for the Committee of Convention. 

Windsor, February 21st, 1781.'* 

Proceedings of the Legislature of Vermont and the Convention on the fore- 
going articles. 
State of Vermont, In General Assembly, February 22d, 1781 . 
The aforesaid report was read and accepted; and 

Besolved, That the articles of Union agreed to, and proposed, by the 
Committee of this Legislature, to the Committee of the Convention, be 
and are hereby confirmed; and this Assembly do pledge the faith of this 
state, that said articles be held sacred. Attest, Eos. Hopkins, Clerk, 

In Council, February 22d, 1781. 
Read and concurred. Thos. Tolman, SecWy pro tern. 

In Convention at Cornish, February 22d, 1781. 
The foregoing articles and recommendation were read and agreed to. 

Samuel Chase, Chairman. 

In General Assembly, Thursday Feby- 22 d - 1781. x 
A Resolve of the Convention of this day's date appointing a Committee 
to deliver the articles of Union to this House for their approbation and 
ratification was read and 

Resolved that a Committee of three be appointed to wait on the Con- 
vention with the Articles of Union that have passed this House and 
likewise the articles that have passed the Convention which are ratified 
by this Legislature; and bring back the original Articles that have 
passed this House when ratified by the Convention. — The members 
chosen M r Bartlet [Capt. Samuel of Sunderland,] M r - Pearl and M r - 
Burton [Capt. Elisha of Norwich.] 2 

1 From the manuscript Assembly Journal, Vol. i. 

2 The purpose of this resolution seems to have been to preserve a copy 
of the ratified articles. This committee made no formal report, but its 
duty was performed, as the published articles indicate. 



294 • Appendix H. 

Friday Feb^- 23 d - 1781. 

Resolved that Ezra Styles [Stiles] Esq r - be and he is hereby appointed 
and impowered to get the several Acts and Articles of Union that have 
passed this session printed and forward the same to Martin Powel Esq r - 
of Manchester in the County of Bennington, Sol - Bingham Esq r - of 
Tinmouth in the County of Rutland, Briant Brown Esq r - of Windsor in 
the County of Windsor, Tim - Bartholomew Esq r - of Thetford in the 
County of Orange and Nath 1 - Robinson Esq 1- - of Westminster in the 
County of Windham, who are hereby requested to forward them to the 
several towns in their several Counties as soon as may be. 

Whereas there are several towns unrepresented in this Assembly 
through neglect of the proper officers for warning freemens meetings or 
some other reasons which does by no means interfere with their right 
of Representation; and 

Whereas there is a Union formed or about to be formed between this 
State and the New-Hampshire grants east of Connecticut River and in 
case that Union proves to be agreeable to the people it will be necessary 
for them towns to be represented in this Assembly in their next Session 
— Therefore 

Resolved that the respective Constables of such towns in the west and 
east side of Connecticut River, or the Selectmen where there are no 
Constables, be and they are hereby impowered and desired to warn the 
freemen in their respective towns to meet at some convenient place in 
such town at least four days before the next Session of this Assembly for 
the purpose of chosing a Representative or Representatives for such 
town, and it shall be the duty of the freemen then and there to attend 
and proceed to elect a Representative or Representatives according to 
law, and the Representatives on the Grants east of Connecticut River 
shall be fairly intitled to seats in this Assembly on the said Unions 
appearing to be agreeable to the people according as is proposed in the 
Articles of said Union. 1 

Resolved that this Assembly be and is hereby adjourned until the first 
Wednesday of April next then to meet at Bennington. 

The General Assembly met at Windsor, (not at Bennington, as per 
entry in the Assembly journal of the adjournment of the February 
session,) on Wednesday the 4th of April, but a quorum did not attend 
until the afternoon of the 5th. The record of the 5th and 6th gives the 
completion of the eastern union as follows: 

Thursday, 2 o'clock, P. M. April 5 th - 1781. 

The following was delivered the Speaker by the Committee appointed 
for that purpose, viz. 

"In Convention at Cornish, Thursday, April 5 th - 1781. 

"Voted, That a committee of three be appointed to wait on the 
Assembly of Vermont, now sitting at Windsor, to inform them of the 
state of the returns from the towns on the east side of Connecticut 
River and that the way is clear on our part for the proposed union 
agreeable to the articles of the treaty, and to Request information 
whether the Assembly are ready to receive the members returned to sit 
in the Assembly, on the unions taking place. The Committee chosen, 
Col * Payne, M r - Woodward and Doct. Page. — Extract from the Minutes. 

u Beza. Woodward, Clerk." 

"List of those towns east of Connecticut River which have made 
returns acceding to an Union with the State of Vermont, viz: — Hinsdale, 

1 Concurred in by the Governor and Council on the same day. 



Second Eastern Union, 295 

Walpole, Surry, Gilsom, Alstcad, Charlestown, Acworth, Lemster, 
Saville, Claremont, Newport, Cornish, Croydon, Plainfield, Grantham, 
Marlow, Lebanon, Grafton, Dresden, Hanover, Cardigan, Lyme, Dor- 
chester, Haverill, Landaff, Gunthwait, Lancaster, Piermont, Richmond, 
Chesterfield, Westmoreland, Bath, Lyman, Morristown alias Franconia, 
and Lincoln. The Convention have received no returns of any town 
dissenting. Elisha Payne, ) 

Beza. Woodward, > Committee.' 1 
William Page, ) 

The several Representatives were desired to give in the votes of the 
towns that they represent concerning the union; and the following 
towns were found to have voted to accept the same agreeable to the 
articles, viz. — Shaftsbury, Arlington, Sandgate, Sunderland, Dorset, Reu- 
port, Pawlet, Poultney, Castleton, Danby, Tinmouth, Rutland, Pittsford, 
Bethel, Pomfret, Peacham, Fairlee, Guilford, Moortown, Whitingham, 
Marlborough, New-Fane, Wilmington, Putney, Westminster, Athens, 
Chester, Windsor, Reading, Thetford, Strafford, Barnard, Royallon, 
Sharon, Norwich and Hinsdale; and the following towns disapproved of 
the said Unions taking place, viz: — Bennington, Manchester, Clarendon, 
Dummerston, Londonderry, Woodstock and Hertford. 

Note. — The following towns have not sent in their opinion, viz: — 
Wells, Wallingford, Townshend, Wethersfield, Cavendish and Hartford. 

Resolved, That a Committee of three be appointed to wait on the 
Convention and inform them that the Union is agreed on by a major 
part of the towns in this State agreeable to the Articles of Union as 
proposed; and that this Assembly will wait to receive the members 
returned to sit in this Assembly, on the Unions takeing place to-morrow 
morning nine o'clock to take their seats. The members chosen, M r - 
Walbridge, M r - [Stephen R.] Bradley and M r - Lyon. 

Friday April 6 th 1781. 1 

M r - Woodward [Bezaleel,] a Representative from the East side of 
Connecticut River, informed this House that the Representatives elected 
in the several towns east of said River were waiting to take their seats 
agreeable to the Articles of Union and the order of the day — whereupon 

Resolved that a Committee of three be appointed to wait on the 
Representatives returned to sit in this Assembly from the towns east of 
Connecticut River and introduce them to this House — the members 
chosen M r Bradley, [Stephen R., who took his seat for Westminster at 
this session,] M r Walbridge and M r - [Matthew] Lyon. 

The following are the several members cliosen to Represent the 
towns east of Conneeticut River, who were introduced by the aforesaid 
Committee, and produced their Credentials and took the necessary oaths 
to quallify them to a seat in this House viz — 

Deacon Silas Thompson and Capt. Sam 1 - King, Chesterfield ; M r - 
Absalom Peters, Landaff; Lieut. Jn°- Stevens, Plainfield; Capt. Josiah 
Russell, Plainfield; M r - Moses Whipple, Croyden; Daniel Jones Esq r -> 
Hinsdale; Will m - Ripley Esq r - Cornish; M r - Silas Gaskill and M r - Daniel 
Cass, Richmond; Docf- W m - Page, Capt. Sam 1 - Wetherbee, Charlestown; 
Tho s - Russell Esq r ' Piermont; M r - John Dunton, Acworth; M r - Sam 1 - 
Canfield, Marlow; M r - Moses True, Saville; Nath 1 - S. Prentice Esq r -> 
Alstead; M r - Elijah Frink, Lempster; M r - Wolston lirockway, Surry; 
Benj a - Giles Esq r - Newport; Deacon Matthias Stone, Capt. Oliver Ash- 
ley, Claremont; Capt. Abel Stevens, N. [North] Grantham; M r - Russel 
Mason, Grafton; Col - Elisha Payne, Lieut. Elihu Hyde, Lebanon; 
j on th. Freeman Esq r - Col - John House, Hanover; M r - Sawyer Bullock, 

1 From the Ms. Assembly Journal, Vol. I. 



296 Appendix H. 

Cardigan; Maj r - Jon th - Child, M r - Walter Fairfield, Lime; M r - Davenport 
Phelps, Orford; Col - Tim - Bedle, Lyman, Morristown, and Bath; Tim - 
Bedle Esq r - and Maj' r - Joshua Howard, Haverill; M r - John Young Jun r - 
Gunthwaite; Bezaleel "Woodward Esq r -> Dresden— except Deacon Silas 
Thompson and M r - Sawyer Bullock. 1 

On the preceding day twelve representatives from Windham, Wind- 
sor, and Orange counties — doubtless elected under the resolution of the 
preceding February — took their seats. On the 6th of April, after the 
admission of the representatives from New Hampshire towns, Stephen 
Tilden and Lieut. Gov. Joseph Marsh presented credentials as represen- 
tatives for Hartford, in place of Elkanah Sprague and Amos Robinson, 
who were the sitting members, but were u recalled/' Gov. Marsh had 
been very active against the Vermont government from the dissolution 
of the first union with New Hampshire towns, but at this period doubt- 
less he was anxious to identify himself again with Vermont. These 
credentials were referred to a committee, which reported immediately 
that the town was "duly represented" by the sitting representatives, 
and the report was accepted. 

Saturday April 7 th 1781. 
Resolved that the Clerk of this Assembly send a summons to the 
Constables of each town that is not Represented in this Assembly on 
the east side Connecticut River directing them forthwith to warn the 
freeholders &c. to meet at some suitable place and there to choose a 
Representative or Representatives to sit in this Assembly as soon as 
may be. 1 



Settlement of Boundary with New York Proposed. 

In Council, February 15 th - 1781. 
Resolved that it be recommended to the General Assembly, that the 
further Consideration of the Jurisdictional Claims read & passed in 
both Houses yesterday be postponed until the next Session of this As- 
sembly & that an Agent be appointed and fully Authorised, Immediately 
to Wait upon the Legislature of the State of N. York now Convened 
in Albany to agree upon and Establish the line between this State & the 
State of N. York. 

Attest, Thomas Tolman, Secy- P. T . 

In General Assembly, Saturday Feb^- 17 th - 1781. 
Resolved that there be two Agents appointed and fully authorized im- 
mediately to wait upon the Legislature of the State of New York now 
convened at Albany to agree upon and establish the line between this 

1 An additional representative, Jonathan Cole, of Westmoreland, was 
admitted on the same day; and subsequently, Israel Mead of New 
Stamford, Lieut. John Graves of Walpole, and Ebenezer Dewey of Gil- 
sum— all from New Hampshire towns — were admitted. 

x For the appointment of civil and military officers in the New Hamp- 
shire towns embraced in the union, see ante, pp. 88, 89, 96-99, 108, 116, 
118. 



Union with Vermont of a part of New York. 297 

State and the State of New York. — The Agents chosen (by ballot) are 
Col - Ira Allen and Maj r - Joseph Fay. 1 

Resolved that a Committee of five to join a Committee from the Coun- 
cil be appointed to prepare instructions for the aforesaid Agents and 
Report to this House. — The members chosen M r - Whipple, M r - Ward 1 st ' 2 
M r Pearl, M r - Murdock and M r - Webb. 3 

In General Assembly, Feb. 22, 1781. 

The Committee appointed to prepare instructions for the Agents ap- 
pointed to settle the line between this and the State of New York 
brought in their Report which was read, and 

Resolved that the Governor and Council be and they are hereby re- 
quested to make out instructions to said Agents whenever it shall be 
judged necessary, under such restrictions as they shall judge proper for 
the benefit of this State. 

March 7, doubtless having heard of the failure of the proposition of 
the New York Senate to settle the controversy, the Governor and Coun- 
cil declined to give instructions at that time. — See ante, pp. 266-273. 



Union with Vermont of a part of New York, April and 

June, 1781. 

In General Assembly of Vermont, Tuesday, April 10, 1781. 

The House formed themselves into a Committee of the whole with the 
Governor and Council to take into consideration the several petitions 
from the inhabitants of Cambridge, Campden, Granville, Skeensborough 
&c. 4 — [New York towns.] 

1 Concurred in by the Governor and Council, Feb. 22. 

2 William Ward of Shaftsbury is first on the list of representatives. 
Another William Ward represented Poultney, and still another Newfane. 

4 Councillors Throop and Emmons were joined. 

4 Three of these petitions are preserved in the Secretary of State's 
office. The following is the petition of inhabitants of Granville. It is 
more forcible than elegant. 

To Tho s - Chittenden Esq r - Cap 1 - General Gov r - and Commander in Chief 
in and over the State of Vermont. 

this petition of the Subscribers Inhabitants of the town of Granvill in 
the County of Charlottee and State afore said humble Shueth that your 
Excellency['s] humble petitioners are fully Sensable that the Extent 
[of] Juridiction of Said State includes us and we Dearly feel the Sad 
Consequence of Not Being Enexed to Said State of Vermont for 
Reasons that ever since the year 1777 we have been Left without any 
provition for defence against the Merciless Indevations [invasions] of 
our unnatierl Enemy and we Being a frontier town to the Northward 
but Ever Called upon to Raise our Equl Dotto [quota] of men year by 
year and [who have been] ever Stationed fair [far] below us — 

and whereas the Right and Lawfull Juridiction of the State of Ver- 
mont Extend to the west of us we your Excellency['s] humble petitioners 
Begeth that your Excellency would Except of us as true and faithfull 
Subjects to the afore Said State of Vermont and adopt some Mesher 



298 Appendix H. 

The Committee of the whole having adjourned — The House formed 
and the Speaker resumed the Chair. 

Wednesday April 11 th - 1781. 1 

Agreeable to the order of the day the House formed themselves into a 
Committee of the whole with the Governor and Council. Said Com- 
mittee having dissolved, the speaker resumed the chair. 

The Committee of the whole made the following report of a Sub- 
Committee, viz. 

"To the Grand Committee consisting of his Excellency the Governor, 
the hon ble the Council and the General Assembly. 

"Your Committee to whom was referred the consideration of the 
several petitions and letters from the inhabitants of Granville, Cam- 
bridge, &c. requesting this State to exercise jurisdiction over them for 
the reasons therein specified, beg leave to report 

"That the Legislature of this State do recommend to the people 
inhabiting that part of the former government over which Gov 1 *- Philip 
Skeene was to preside, to which this Legislature at their session in Feb- V - 
last laid a jurisdictional claim, to appoint members to attend a Conven- 
tion at Cambridge [X. Y.] the second Wednesday of May next; that the 
Legislature of this State appoint a Committee to meet said Convention 
at said time and place: that said Convention and Committee take into 
consideration the defence of the frontiers, and if they can mutually agree 
on articles of Union that then such Convention proceed to resolve to 
raise their quota of men for the defence of the frontiers, with a proper 
proportion of officers, which shall be returned to the Board of War and 
commissioned in the same manner that the troops heretofore ordered to 
be raised for the present defence of this State are and do duty in the 
same manner: that in case said Convention and Committee do agree on 

whearby we may be Better Governed, Agreeable to the Ruels and 
Laws of the Constitution of the Aforesaid State of Vermont. 

Your Excellency['s] Humble petitoners Intreat your Greacious atten- 
tion to this our Humble petition As we in duty Bound will Ever pray 

Granvill March 28 th 1781 

[Signed by Isaac Bennett and one hundred and seven other persons.] 

The petitions of Lieut. John Patterson and thirty-seven other citizens 
of Camden, and of John Austin and seventy-nine others of Cambridge, 
set forth as reasons for annexation to Vermont that "the Goverment of 
New York have neglected guarding our Northern frontier;" that, aided 
by the militia of Vermont, a force sufficient for defence could be raised 
in case of emergency; and that the territory had been formerly embraced 
in u a government" "over which Gov 1- - Skeen was to have presided." — 
See Vermont State Papers, (manuscript,) Vol. 17; being Petitions, Vol. 
1, 1777-87, pp. 39, 40 and 44. 

On the return of these towns to their allegiance to New York, in 1782, 
their conduct in joining Vermont was excused by allegations of the 
neglect or inability of New York to protect them, which were even more 
emphatic than the above. — See Documentary History of New York, Vol. 
4, pp. 605, 606. For other evidence of the weakness of New York at this 
period, see Early History of Vermont, pp. 341-344; and VL Hist- Soc. 
Collections, Vol. n, pp. 49-55. 

1 From Slade's State Papers, p. 138. 



Union with Vermont of a part of New York. 299 

articles of union, raising men, &c. then such articles of union shall be 
transmitted to the several districts in said claim, when the people of 
said districts are requested (provided they agree to such articles of 
union) to choose members to attend this Assembly, except such districts 
had instructed their member or members, in case articles of union were 
agreed on, that their members should be impowered to take seats in this 
Assembly: that in case two thirds of the districts, in district meeting, 
choose members as aforesaid, that then such members shall take their 
seats in this Assembly: that this Assembly adjourn to the second 
Wednesday of June next, at Bennington. 

"John Fassett, Chairman." 

"Windsor, April 11 th - 1781. 

"In the Grand Committee, April ll th > 1781. 

"The above report was read and accepted, 

"Attest, Joseph Fay, Clerk." 

The aforesaid Report was Read and after some debate the question 
was put and the Yeas & Nays were requested and they are as follows 
viz — 

Yeas 48.— M r Walbridge M r Lyon M 1 - Petibone M r Ormsby Col°- 
Strong M r - Harmon M r - Pearl M r Fitch M r - Moss M r Ward M r - Higlev 
M r - Rowley M> Jackson M r J. Smith M r - E. Smith M 1 B. Whipple M' 
Post M r - Drurv M r Harris M r - Underwood M r - Bratten M r - Burlinggame 
M r - Weston M r Eli M r Weld M> Seelye Capt. Strong M r Cottle M r . 
Sprague M r A. Robinson M r - J. Powell M r Foster M r - Murdock M r 
Spooner M r - Aiken M r - Bradley M r Putnam M r Taplin M r W. Baley 
M r McConnell M r Wells M r Giles M r - J. Stevens M r - Brockway M r 
Frink M r Whipple M 1 Young M r Gaskill. 

Nays 39.— M r - Shepherd M r Knight M r N. Robinson M r Holton M r 
Curtiss M> C. Parkhurst M r Burton M r [Joel] Marsh M r - J. Baley M r - 
Hana M r - Kent M r - Payne M r - Woodward M r - Bedle M r - Prentice M r - 
Child M r - Hyde Doctf- Page M r - Phelps M 1 - Ripley M r - House M r - J. Rus- 
sell M r - Fairfield M r - Freeman M r - Wetherbee M ; - Howard M r - Stone M r - 
Tho s - Russell M r - King M r - Mason M r - True M r - Hunt M r - Canfield Mr- 
Duncan M r - A. Stevens M r - Peters M r - Cass M r - Cole M r - Ashley. 1 

So it passed in the affirmative. 

Resolved that a Committee of two to join a Committee from the Coun- 
cil be appointed to prepare a Bill agreeable to the aforesaid Report and 
make Report to this House. — The members chosen M r - Lyon and Mr- 
Wells, [Samuel of Brattieborough.] 

Resolved that a Committee of six to join a Committee from the Coun- 
cil 2 be appointed to meet a Convention to be held on the second Wednes- 
day of May next at Cambridge [N. Y.] for the purpose specified in a 
Report of a Committee of both Houses of this day's date; and that a 
majority of such Committee are hereby impowered to transact the busi- 
ness pointed out for the said Committee in said Report and make a Re- 
port of their doings to the [General Assembly at their] next session for 
their approbation. — The members chosen M r - Walbridge, M r - Porter 



1 Of the yeas, 7 were representatives of New Hampshire towns, leav- 
ing 41 Vermonters. Of the nays, 27 were from New Hampshire towns, 
leaving 12 Vermonters. This list is taken from the Assembly journal. 

2 The Jouncil journal of this day gives no details; hence it does not 
appear from the record what Councillors were joined to these commit- 
tees. It does appear, from the report of the committee last named 
above, that Moses Robinson was one of the committee from the Council. 



300 Appendix IT. 

[Thomas of Tinmouth,] M r - Williams [Col. William of Wilmington,] M r - 
Prentice [of Alstead, N. H.,] M 1 '- Curtiss [Capt. Ebenezer of Windsor, 1 ] 
and M^ Child [of Lyme, N. H.] 

Monday April 16 th - 1781. 
Resolved that this Assembly he and is hereby adjourned until the sec- 
ond Wednesday of June next then to meet at Bennington. 

The adjournment was to the 13th of June, but a quorum was not in 
attendance until the afternoon of the 15th, when the following occurred: 

In General Assembly of Vermont, June 15, 1781. 

The representatives of the western District informed this House in 
writing that they were ready to take their seats according to the Arti- 
cles of Union, &c. 

The Committee, who was appointed to treat with the Convention hold- 
en at Cambridge in June [May] last reported the following articles, viz. 

" Articles of Union proposed by the Convention composed of repre- 
sentatives from the several districts of Hoosack, Scorticook, Cambridge, 
Saratoga, Upper-White-Creek, Black-Creek, Granville, Skeensborough, 
Greenfield, Kingsbury, Fort Edward and Little Hoosack, convened at 
Cambridge aforesaid the 9 th day of May 1781, and by several adjourn- 
ments to the 15 th of the same month iuclusive. 

" Article 1 st That the district or tract of land lying north of a line 
being extended from the north line of the Massachusetts to Hudson's 
River, and east of said river and south of latitude 45, as comprehended 
in the late jurisdictional claim by the Legislature of the State of Ver- 
mont, be considered as part of said state, and the inhabitants thereof as 
free citizens. 

"Answer. — Agreed to by the Committee of the Legislature of the 
Sta' e of Vermont. 

" Article 2 d - That the whole military force of the State of Vermont 
(as occasion may require) shall be exerted in our defence, as free Citi- 
zens, against any insurrection, invasion or incursion whatsoever; but 
especially against the common Enemy. 

" Ans. — Agreed to. 

" Article 3 d - That application be made by the Legislature of the 
state of Vermont to the Congress of the -United States to be admitted 
with them as soon as circumstances will admit. 

" Ans. — Agreed to. 

" Art. 4 th - That as the people within the aforesaid late claim have 
been called upon and have paid a considerable part of the Continental 
taxes into the treasury of the State of New-York, they shall have credit 
for the same in case the State of Vermont at some future period should 
be called upon to pay their proportion of money emitted by Congress. 

"Ans. — Agreed to, provided the services done by the state of Ver- 
mont in the present war be included. 

" Reply of Convention. — Agreed to, provided the expence of said 
district in the present war be likewise included. 

" Article 5 th - That all actions depending within the late claim shall 
be transferred in the situation they shall be in at the time of completing 
the union to courts that may be then forthwith erected under the Au- 
thority of Vermont, without cost to the parties other than would have 
accrued had they been terminated in courts under the jurisdiction of the 
State of New-York. 

1 Mr. Curtis was excused and John W. Dana of Pomfret was appointed 
in his place, 



Union with Vermont of a part of New York. 301 

" Ans — Agreed to. 

" Art. 6 th - That the change of jurisdiction shall not be understood to 
effect, [affect,] or alienate, private property. 

" Ans. — Agreed to. 

"Articles of union proposed by the Legislature of the State of Ver- 
mont. 

" Art. 1 st That the Independence of the State of Vermont be held 
sacred, and that no member of the Legislature shall give his vote or oth- 
erwise use his endeavours to obtain any act or resolution of Assembly 
that shall endanger the existence, independence, or well being of said 
State by referring its independency to the arbitrament of any power. 

u Answer. — Agreed to bv Convention. 

" Article 2 d - That whenever this State becomes united with the 
American states and there shall then be any disputes between this and 
any of the United States respecting boundary lines, the Legislature of 
the State of Vermont will then (as they have ever proposed) submit to 
Congress or such other tribunal as may be mutually agreed upon for the 
settlement of any such disputes. 

" Ans. — Agreed to. 

u The foregoing articles were severally mutually agreed to by the Con- 
vention and Committee at Cambridge the 15 th May 1781. 

" Attest, John Rogers, Chairman of Convention. 

Moses Robinson, Chairman of Committee.' 1 

The aforesaid Articles were read and after some debate 

Resolved that this House form themselves into a Committee of the 
whole with the Governor and Council to take the aforesaid Articles un- 
der consideration. The Committee of the whole having dissolved, the 
House formed themselves, and the Speaker resumed the Chair — 

And after some time spent in debating on the said report it was re- 
ferred until tomorrow morning, for further consideration. 

A declaration of the Inhabitants of the western District, giving their 
reasons for disavowing allegiance to the State of New- York, with their 
disavowal, was read. 

Adjourned until to-morrow morning, eight o'clock. 

Saturday, June 16 th 1781. 

Met, according to adjournment. 

The House again took up the consideration of the Articles of Union, 
agreed on between the Committee appointed to treat with the Cambridge 
Convention, and said Convention, and after some debate the question 
was put — whether this House would approve of said articles, as agreed 
between said Committee and Convention ? It passed in the affirmative. 

The yeas and nays on the question being requested by M r - Woodward, 
and the question being put whether the yeas and nays should be taken — 
passed in the affirmative, and they are as follows, viz. 

Yeas 53. 1 — Mr. Barber Mr. Briggs Mr. S. Robinson Mr. Olin Mr. 
Ward 1st 2 Mr. Walbridge Mr. Lyon^Mr. Ormsby, Mr. Powell Mr. Bart- 
let Col. Strong Mr. Underhill Mr. Harmon Mr. Pearl Mr. Everest Mr. 
Moss Mr. Ward 2d 2 Mr. Rowley Mr. Gage Mr. Speaker [Porter,] Mr. 
Bingham Mr. J. Smith Mr. B. Whipple Mr. Post Mr. Thurber Mr. 
Harris Mr. Underwood Mr. Ward 3d 2 Mr. Williams Mr. Martin Mr. 
Hayward Mr. N. Robinson Mr. Webb Mr. Burlinggame Mr. Curtiss Mr. 
Weld Mr. Bratten Mr. Cottle Mr. Sprague Mr. A. Robinson Mr. J. 
Powell Mr. Murdock Mr. Aiken Mr. Putnam Mr. Taplin Mr. Wells Mr. 
Giles Mr. J. Stevens Mr. Ripley Mr. Frink Mr. M. Whipple Mr. Wy- 
man Mr. Sherman. 

[Forty-eight Vermonters in the affirmative.] 

1 Yeas and nays from the Assembly Journal. 2 See p. 297, note 2 . 



302 Appendix H. 

Nays 24. — Mr. Holton Mr. Bartholomew Mr. Foster Mr. Burton Mr. 
Dana Mr. Woodward Mr. Hyde Mr. Wm. Page Mr. Phelps Mr. House 
Mr. Stone Mr. Preeman Mr. Wetherbee Mr. T. Russell Mr. King Mr. 
Hunt Mr. Canfield Mr. Duncan Mr. Peters Mr. Cole Mr. Ashley Mr. 
Graves Mr. Jones Mr. B. Smith. 

[Six Vermonters in the negative.] 

Resolved that a Committee of three be appointed to wait on the 
members returned from the Western District to sit in this Assembly 
and inform them that this House are ready to receive them as members 
of this House upon their producing their several appointments &c. — 
The members chosen M r - S. Robinson, M r - Lyon and M r - Harris. 

The following are the several members chosen to Represent the Western 
District and were introduced by the aforesaid Committee and produced 
their Credentials which were read and approved, viz. — 

M r - Tho s - Benedict & M r - Benj a - Hicks, Scorticook; Capt, John Abbot 
and Lieut. Jn°- Johnson, Hoosack; Col - Gidion Warren, 1 Greenfield; 
David Randall Esq r - & Doct. Ab m - Burdick, Little Hoosack; M r - John 
Shepherd, Black-Creek; M r - Joseph Craw, South-Gran ville; Capt. Asaph 
Cook, Granville; Aaron Fuller, Esq 1 '- Skeensborough; M • Tho s - Smith 
& M r - John Rogers, Saratoga; M r - Phineas Whiteside, Col - Joseph Cald- 
well, Cambridge; and they all took the necessary oaths to qualify them 
to a seat in this House, except Lieut. John Johnson and M r - Benj a - Hicks 
who did not attend. 

Monday, June 18 th - 1781. 2 

Resolved that a Committee of three to join a Committee from the 
Council be appointed to arrange the civil and military departments in 
the Western Territory lately united to this State and make Report. — The 
members chosen M r - Warren [of Greenfield, N. Y.,] M r - Whiteside of 
Cambridge, N. Y.,] and M r - S. Robinson, [Samuel of Bennington.] 

Resolved that the Governor and Council be and they are hereby 
requested to join this House in a Committee of the whole to morrow 
morning nine o'clock to take under consideration proper measures for 
informing the Congress of the United Slates of the political situation of 
Vermontf &c. 

Resolved that an inquiry be made into the grounds of the report of a 
treaty with Canada &c. to morrow morning when the Committee of the 
whole meet. 3 

The Committee of the Whole met on the 19th and after consultation 
adjourned to the 22d. On the 20th the committee appointed by the 
Assembly to arrange the civil and military affairs of the Western District 
made a report, annexing so much of the District as was in Albany county 
to the county of Bennington, and so much as was in Charlotte county to 
the county of Rutland; dividing the militia in four regiments and annex- 
ing them to the first brigade; providing for the election of magistrates 
and town officers, and also of militia officers — all for the time being; 
which report was accepted. 

1 Col. Warren had removed from Vermont a short time previous. 

2 From the Assembly Journal. 

3 The report of the committee indicates nothing on this subject; but 
an inquiry was made, and Ira Allen contrived a report so ingeniously as 
to satisfy all parties.— See Vt. Hist. Soc. Collections, Vol. n, pp. 133-135 
and 142. 



Union with Vermont of a part of New York. 303 

Friday June 22 d - 178 1. 

The House formed themselves into a Committee of the whole with 
the Governor and Council agreeable to their adjournment. 

The Committee of the whole having dissolved, the House formed and 
the Speaker resumed the Chair. 

The Committee of the whole made the following Report of a Sub 
Committee viz. — 

u To the Grand Committee consisting of Governor, Council and Assembly — 

"Your Committee appointed to prepare a draught to send to Congress 
to inform them of the political situation of this State &c. Beg leave to 
recommend, 

"That an Annunciation of the late extention of the boundaries of this 
State with some of the capital reasons for such extention be transmitted 
to adjacent states. 

u Tnat three delegates be appointed to repair to Congress with full 
powers to propose to and receive from them terms for an union of this 
with the United States — and to transact any other matters at Congress 
which may be necessary for the welfare of this State — such terms of 
union or other treaty agreed on by them to be subject to the ratification 
of the Legislature of this State previous to their establishment — such 
delegates to give Congress whatever information they may desire of the 
political situation of this State — And that they be vested with full and 
ample powers to take seats in Congress as Delegates from this State 
when terms of union shall be agreed on and ratified as before mentioned. 
Two delegates to be nominated by the members within the ancient 
limits of the state, and two by the members from each newly added 
territory. 

"Which is humbly submitted by Jonas Fay Ch m - 

"Bennington June 22 d - 1781." 

" In Grand Committee June 22 d - 1 81. 

"The aforesaid Report was read by paragraphs and approved. 

"Attest Joseph Fay, Clerk:' 

The aforesaid Report was read and accepted. 

Resolved that this House will proceed agreeable to the aforesaid Report 
to choose Delegates to wait on Congress &c. 

Ordered that the members of the Districts proceed immediately to 
bring in their nomination agreeable to said Report — And the following 
Nomination was returned by them viz. — 

Middle District f°f ^llen } Es q Llires - 

tp * tv * • * Bezaleel Woodward ) ^ 
Eastern District ELIgHA pAYNE ^ Esquires. 

Western District f™ ^Allen [ Es( l uires - 

The ballots being taken the Hon ble Jonas Fay and Ira Allen Esquires 
and Bezaleel Woodward Esq r - were Elected Delegates as aforesaid. 

Resolved that a Committee of three to join a Committee from the 
Council be appointed to prepare the Annuciation to send the adjacent 
States; and make Report. — The members chosen M r - Woodward, M r * 
Lyon and M r - Whiteside. 

Resolved that a committee of five to join a Committee from the Coun- 
cil be appointed to prepare instructions for the members appointed to 
wait ou Congress &c— The members chosen M r - Jones [probably Daniel 



304 Appendix H. 

Jones of Hinsdale, N. H.] 1 Mr. Phelps [Davenport of Orford, N. H.] 
M r - Giles [Benjamin of Newport, N. H.] M r - Walbridge [of Benning- 
ton,] 2 and M r - Webb, [Joshua of Buckingham.] 

Resolved that a Committee of three be appointed to run the South 
line of this State from the southwest corner of Pownal to Hudson's 
River.— The members chosen M 1 - S. Robinson, M r - Caldwell [of Cam- 
bridge, N. Y.,] and M r - Barber, [Elisha of Pownal.] 

On the 25th of June the committee appointed to draw up instructions 
to the delegates to Congress, reported in the language of the report of 
the committee of the whole on that subject; also a resolution desiring 
the Governor to commission them; and the instructions and resolutions 
were adopted. July 10, Gov. Chittenden delivered the commission in 
substantially the words of the report of the committee of the whole. — 
See commission in proceedings of Congress of Aug. 17 1781, post. 



Wednesday June 27 th - 1781. 

An Annunciation of the extention of the boundaries of this State was 
read and agreed to. 3 

Ordered, that his Excellency the Governor be desired to transmit 
copies of the annunciation to all the United States. 

Resolved that the delegates appointed to repair to the American Con- 
gress be and they are hereby directed to set off on the business of their 
appointment by the lirst day of August next. 

Thursday June 28 th - 1781. 

Resolved that Jonas Fay, Ira Allen, and Bezaleel Woodward Esquires, 
appointed Delegates to repair to Congress, be impowered to draw on the 
Treasurer of this State for such sum or sums of money as may be 
necessary to enable them to discharge their commission to Congress 
agreeable to the orders of this House — and that an order on the Treas- 
urer issue accordingly signed by his Excellency the Governor, and that 
they be accountable for such sums as they shall receive. 



Acts of the General Assembly, June 1781, for the organi- 
zation of the Western District. 

AN ACT for the purpose of forming the Western Territory, lately ta- 
ken into Union with this State, into Townships, and for annexing it 
to the Counties of Bennington and Rutland. 
Whereas it is found necessary, for the purposes of representation, and 

for exercising civil government, that the inhabited part of the following 



^oct. Reuben Jones and Joshua Webb representated Rockingham in 
the Assembly in October 1780, but at the adjourned session in February 
Jonathan Holton presented credentials from that town and was a repre- 
sentative with Mr. Webb at the session of June 1781. It is presumed 
that Mr. Holton was elected in place of Doct. Reuben Jones resigned. 

2 Edward Harris of Halifax was appointed in place of Col. Walbridge 
excused. 

3 This document the editor has not been able to find. 



Acts of the General Assembly, June 1781. 305 

described district, viz. — Beginning at the north-west corner of Williams- 
town, 1 and extending west, ten degrees north, to the centre of the deep- 
est channel of the waters of Hudson's Eiver; then up said river, and 
extending through the centre of the deepest channel thereof, to the head 
thereof; thence north, by the needle of the compass, to the latitude forty- 
five — (lately taken into union with this State) be divided into townships, 
with the usual incorporate privileges; and that the said district be an- 
nexed to said counties. Therefore, 

Be it enacted, &c. that the districts of land, in said territory, commonly 
known by the names of Hosack, Cambridge, White-Creek, alias New- 
Perth, Black-Creek, Skeensborough, Kingsbury, Scotch-Patent, alias 
Argyle, and Fort Edward, be, and they are hereby incorporated, each of 
them, into a distinct township, and to be severally known and distin- 
guished by the aforesaid names respectively; and are hereby vested with 
all the privileges and immunities, which other towns within this State 
do of right exercise and enjoy. 

Be it further enacted, that the tract of land within the said territory, 
lying west of, and adjoining to, Pownal, and north of the south line of 
said territory, and west of a line extended from the east line of the tract 
of land known by the name of Scorticook district, and south of Hosack 
district, be and is hereby incorporated into a township, by the name of 
Little-Hosack; and that the tract of land, lying bounded west on the 
north river, south on the south line of said territory, north on the tract 
of land, commonly called Scorticook district, and east on Little-Hosack, 
together with the district of land, commonly known by the name of the 
district of Scorticook, be and is hereby incorporated into a township, by 
the name of Scorticook; and that such part of the tract of land, known 
by the name of the district of Saratoga, as is included in said territory, 
be and is hereby incorporated into a township, by the name of Saratoga- 
East; and that the tract of land, lying west of, and adjoining to, Pollet, 
and north of, and adjoining to, Black-Creek, and westerly on Kingsbury 
and Skeensborough, be and is hereby incorporated into a township, by 
the name of South-Granville; and that the tract of land, north of said 
South-Granville, as far north as the west-line of the township of Wells 
extends, be and is hereby incorporated into a township, by the name of 
North Granville; and that the tract of land, northward of said North- 
Granville, extending north to the East-Bay, bounded eastward on Fair- 
haven, and westward on Skeensborough, be and is hereby incorporated 
into a township, by the name ol Eastborough. And that each of said 
townships be and are hereby vested with the same privileges and immu- 
nities as other towns within this State do of right exercise and enjoy. 

And be it enacted, that the townships of Little-Hosack, Hosack, Cam- 
bridge, Scorticook, and Saratoga-East, being that part of said territory 
which formerly belonged to Albany county, be and are hereby annexed 
to the county of Bennington; and that all the remaining part of the 
aforesaid townships, be and are hereby annexed to the county of Eut- 
land. 

AN ACT directing the holding Town Meetings in the Western Terri- 
tory lately taken into Union with this State, and directing the Listers 
in said Territory in their Office and Duty. 

Whereas, for the purpose of civil government, it is found necessary 
that the inhabitants of the towns lately formed in the western terri- 
tory, lately taken into union with this State, be directed and impowered 

1 Williamstown, Mass. 
21 



306 Appendix H. 

to hold town meetings, and choose the town officers necessary for the 
present year. 

Therefore, 

Be it enacted, &c. that the inhabitants of each of the respective towns, 
formed and incorporated by this Assembly, in said territory, be, and they 
are hereby authorised and impowered to hold town meetings in their 
respective towns, at such time in the month of July next, and at such 
places as usual, or most convenient in their respective towns, as the per- 
sons hereafter impowered to warn such meetings shall direct; and to 
appoint such officers at their said meetings, as other towns, in this State, 
by law, are directed and impowered to choose, in their annual March 
meetings: which officers, when sworn to the faithful discharge of their 
office, shall be, and they are hereby impowered to execute such office as 
they are appointed to, as other officers of the like kind, in the other parts 
of this State are. 

And it is hereby recommended to the inhabitants of each of the said 
towns, at their said meeting, to choose one or two meet persons for jus- 
tices of the peace in and for the county to which they belong, and make 
return to the Governor and Council, of such choice, in order that such 
persons be appointed and commissioned, in case they are approved of 
by them. 

Be it further enacted, that the persons hereafter named, be, and they 
are hereby impowered to warn town meetings in the towns to which they 
respectively belong; that is to say, — Capt. William Sheppard, for Scor- 
ticook; Mr. Thomas Smith, for Saratoga; Mr. Stutson Benson, for Ho- 
sack; Col. Joseph Caldwell, for Cambridge; Mr. Benjamin Randal, for 
Little-Hosack; Capt. Solomon Brown, for White-Creek, alias New- 
Perth; Capt. Aaron Osgood, for Black-Creek; Capt. David Blakesley, 
for South-Granville; Capt. John Grover, forNorth-Granville; Mr. James 
Burroughs, for Skeensborough; Mr. Lemuel Hide, for East-Borough; 
Mr. Gilbert Harris, for Kingsbury; Capt. Batty, for Scotch-Patent, alias 
Argyle; Mr. Daniel Paine, for Fort-Edward. 

And whereas the time the law directs that the inhabitants of the re- 
spective towns in this State be warned to give in the list of their polls 
and rateable estate, is now elapsed, and there is a necessity of the said 
lists being regularly taken in the towns in the said territory: 
Therefore, 

Be it enacted, that the listers chosen in the respective towns in the ter- 
ritory aforesaid, be, and they are hereby authorised, for the present year, 
to warn all the inhabitants of their respective towns, some time in the 
month of July, to give in, to them, their respective lists, according to 
law, by the 15th day of August next, of all their rateable polls and 
estate they were possessed of on the twentieth day of June; which list 
shall be inspected by said listers, and returned to the General Assembly, 
agreeable to the law of this State. 

And the said listers shall govern themselves in their said office, accord- 
ing to said law, in all respects, the times therein mentioned only ex- 
cepted. 

AN ACT to impower Heads of Classes in the Western District to tax 
the Members of said Class, &c. 
Whereas sundry persons in the western district, have been appointed 
heads of classes, by the authority of the State of New- York; in conse- 
quence of which appointment, they have engaged, and are further to en- 
gage, sundry persons in the service of this and the United States; to 
some of whom they have given their obligations promissory, for their 
county; which heads of classes are, by a law of the State of New-York, 



Gov. Chittenden's Proclamation, July 18, 1781. 307 

vested with authority to levy a tax on the several members of each class, 
for the payment of such sum or sums of money as have been, or shall, from 
time to time, be found necessary by such heads of classes, to be paid or 
engaged to be paid, for such man or men, as shall, at any time, be called 
for from such class. Therefore, 

Be it enacted, &c. that each and every such head of classes be, and 
they are hereby authorised with full power and authority, to call on the 
several members of their classes for their proportion of such sum or 
sums; and in case of neglect or refusal, to proceed against them as the 
law directs in case of debt; and such men so raised be directed forth- 
with to join a company in this State. 



Proclamation of Gov. Chittenden, July 18, 1781. 

BY HIS EXCELLENCY 

THOMAS CHITTENDEN, ESQUIKE, 
Captain-General, Governor and Commander in Chief, in and over the State 

of VERMONT. 

A PROCLAMATION. 1 

WHEREAS the Legislature of this State, at their Session in June 
last, for the reasons hereafter exhibited, did extend their Claim 
of Jurisdiction from the North- West corner of the Commonwealth of 
Massachusetts Westerly in the same Direction with the North Line of 
said Commonwealth, until it reaches the deepest channel of Hudson's 
River; thence running Northerly in the deepest Channel of said River, 
to the Source thereof, and from thence a due North Direction to Latitude 
45° North (or the southern Boundary of the Province of Quebec.) 

And whereas no Part of the Lands contained in said Claim, were 
ever included in any original Charter from the Crown of Great Britain 
to the Government of New-York, but were known to be extra-provincial 
Lands, without the Limits of any of the chartered Colonies, and annexed 
to the former Government of New-York, merely by the Decree of the 
Crown, manifested in its Commissions to the respective Governors of 
New- York: which Jurisdiction in its own nature became null and void 
in Consequence of the Declaration of Independence by the United 
States, and the Annihilation of Kingly Power in America. And in 
consequence of a subsequent Commission from the same royal Authority 
to Governor Philip Skeene, which vested him with Powers of Jurisdic- 
tion over the same Territory, and which on the Position of the Validity 
of royal Traditions and Boundaries, would fatally operate against the 
Claim of the State of New- York. And although there may have been 
what some People call a mutual Association and Connection between the 
Inhabitants included in said Claim, and the State of New-York since the 
Declaration of Independence, yet the Nature of such Allegiance must 
be founded on a reciprocal Protection; for Government and Protection 
are by Nature so connected together, that the one cannot exist indepen- 

1 Clinton Papers, No. 3831. The editor is indebted to Henry L. Lamb, 
Esq., for this document. The Proclamation was not entered upon the 
record of the Governor and Council, and it is here given from a copy 
printed in 1781. 



308 Appendix H. 

dent of the other; nor can any Allegiance be lawfully had or demanded 
by any Government, except at the same time it affords the salutary 
Influences of Support or Protection to its Citizens. 

And whereas the Government of New York, for a Number of Years, 
have been very deficient in succoring, defending or protecting the 
Citizens inhabiting the said claimed Territory, and of late have wholly 
abandoned them to the Ravages of the common enemy. And whereas this 
State have been their main Support and Protection lor several years last 
past, and have lately entered into a governmental League and Combina- 
tion with them, for the mutual Happiness and Security of each other, un- 
der the same Constitution and Code of Laws; being urged thereto by the 
Refusal of the Government of New-York to unite with this Government 
for their mutual Defense, and from the local Situation of both to the 
Waters of Lake Champlain, and the British Government of Canada, 
from whence a powerful Force can suddenly invade this State including 
its late Western Union. 

And whereas Commissions both civil and military have been lately 
issued from the supreme Authority of this State to Persons chosen, 
agreeable to the Laws and Customs thereof, in the several Districts and 
Corporations within the Limits of the said western Claim of Jurisdiction: 

I HAVE therefore thought fit, by and with the Advice of my Council, 
to issue this Proclamation, and do hereby strictly require, charge and 
command all Persons of whatever Quality or Denomination residing 
within the said Western Claim of Jurisdiction, to take due Notice of the 
Laws and Orders of this State, and govern themselves accordingly, on 
Pain of incurring the Penalties therein contained. 

And I do hereby further strictly require and command all Magis- 
trates, Justices of the Peace, Sheriffs, Constables, and all other civil, and 
all military Officers to be active and vigilant in executing the Laws 
aforesaid, without Partiality. 

,-^-a.^ Given under my Hand, and the Seal of this State, at 

( ot , AT \ Arlington, this 18 th Day of July, A. D. 1781, and in the 5 th 
| seal. £ Year of the independence of this State. 

wy-^ Thomas Chittknden. 

By his Excellency's Command, Thomas Tolman, JDep. Sec'ry. 
GOD save the PEOPLE. 



Proceedings in Congress relating to Vermont— July 19 to 

Aug. 20, 1781. 1 
July 9 1781, the following letter was referred by Congress to a commit- 
tee consisting of Mr. Sherman of Connecticut, Mr. McKean of Dela- 
ware, Mr. Carroll of Maryland, Mr. Varnum of Rhode Island, and Mr. 
Madison of Virginia: 

1 In the interim, between the proceedings in Congress in Sept. 1780 
and July 1781, — to wit, March 1 1781 — the Confederation was completed 
by the accession of Maryland; and on the same day New York, by its 
delegates in Congress, relinquished to the United States its claim to 
lands west of its present boundary. Of this claim Mr. Madison said: — 
"The claim of New York is very extensive, but her title very flimsy. 
She urges it more with the hope of obtaining some advantage or credit 
by its cession, than ever of maintaining it. If the cession should be 



President Weave to Congress. 309 

President Weave of New Hampshive to the Delegates of that State in 

Congress. 1 
(Copy.) Exeter, June 20th, 1781. 

Gentlemen, — Enclosed you have copies of three petitions from differ- 
ent towns in the county of Cheshire, by which you will see the embar- 
rassed situation we are in, occasioned by the dispute relative to the New 
Hampshire Grants not being settled. 

New Hampshire flattered herself that dispute would have been long 
since adjusted by Congress, and have been at great expense in sending 
agents to Philadelphia for that purpose. The amazing unexpected delay 
therein has been attended with the greatest mischief to the United 
States in general, and to the State of New Hampshire in particular. It 
has given an opportunity to many disaffected persons, who are the prin- 
cipal leaders in the disturbances, to do much injury, and who, it is said, 
and not without foundation, have entered into a negociation with the 
enemy. In short, New Hampshire is brought into such a dilemma, and 
the Government thrown into such confusion by this delay in Congress, 
that it is impossible for her to comply with the requisitions of Congress, 
to any great degree, while this dispute remains unsettled; and it is in 
vain for them to expect it of her, as no supplies of men, money or pro- 
vision can be collected at present from more than frds even of that part 
of the state which lies east of Connecticut River, and unless Congress 
brings matters to an immediate issue, we cannot tell how far the conta- 
gion may run, but very much fear that the state will be very soon ruined, 
in a great measure, and not able to contribute farther towards the war. 
Therefore you are directed to lay this dispatch before Congress as soon 
as may be, and earnestly request that they would immediately take the 
matter under consideration, and make a final decision thereon without 
any further delay, as it is of much greater consequence than can be 
described. I am, gentlemen, your most humble servant, 

(Signed) M. Weare. 

By order of the General Assembly. 

Hon. Sam'l Livermore, and John Sullivan, Esquires. 

Secretary's Office, August 21, 1781. 

The foregoing is a true copy of the original, riled in this office. 

Geo. Bond, Dep'y Setfy of Congress.' 

accepted, and the affair of Vermont terminated, as these are the only 
ties which unite her with the southern states, she will immediately 
connect her policy with that of the eastern states, as far at least as the 
remains of former prejudices will permit." — See Madison Papers, Yol. I, 
p. 121; and Vt. Hist. Soc. Collections, Yol. n, pp. 268-9. 

1 Haldimand Papers, in Vt. Hist. Soc. Coll., Yol. I, p. 137. 

2 Aug. 13 1781, Prest. Weare wrote to Gen. Washington on the same 
subject as follows: 

Had it not been for this unaccountable and altogether unexpected de- 
struction of our currency, [by the people of Massachusetts refusing to 
take continental bills,] the only one we had, I doubt not we should have 
been able to carry the acts [for completing the quota of New Hampshire 
in the continental army] fully into effect, excepting in that part which, 
as I mentioned in my letter of the 23d of July, under pretence of join- 
ing what they call Yermont, have refused to raise men or furnish sup- 
plies of any kind, so that there will be a deficiency on that account of 
more than quarter part, both of men and supplies, until Congress, before 
whom the matter lies, shall determine upon it. — Correspondence of the 
Revolution, Letters to Washington, Yol. ym, p. 385. 



310 Appendix IS. 

From a letter of Hon. John Sullivan, in Congress, to President Weare, 
(in the N. H. Papers on the Vermont Controversy,) July 10 1781, it seems 
that several documents were presented to Congress on the 9th. These 
were in the lost Stevens Papers, and are named in the Index to the Ste- 
vens Papers, in connection with Weare's and Sullivan's letters, as fol- 
lows: 

Instructions to delegates in Congress to prosecute their claims as to 
Vermont, March 31st 1781. 

Walpole petition opposed to union with Vermont. 

Westmoreland petition as to Vermont. 

Swanzey petition do. do. 

July 20, according to one memorandum, and July 31 according to an- 
other, 1 the committee above named submitted a report, which opened 
with an acknowledgment of the zealous exertions of New Hampshire 
and New York in the common cause, and a conviction that they would 
not ever suffer it to languish by their means; recited briefly the case of 
Vermont, describing its boundaries as they existed previous to the 
Unions, and the relinquishment by Massachusetts of her claim on con- 
dition that a like relinquishment be made by New Hampshire and New 
York, and concluded with the following resolutions: 

Resolved that it be recommended to the states of New Hampshire and 
New York respectively to declare the inhabitants of the district called Ver- 
mont, bounded as aforesaid, unamenable to any jurisdiction under their 
authority and to renounce all territorial claims thereto, but to refer to 
Congress to determine on what terms this concession shall take effect, in 
case" Congress shall recognize the independence of the said people of 
Vermont. 

Resolved that Congress will consider all the lands of New Hampshire 
and New York respectively, lying without the limits of Vermont afore- 
said, as coming within the actual guarantee of territory contained in the 
articles of confederation: and that the United States will accordingly 
guarantee such lands and the jurisdiction over the same against any 
claims or encroachments from the inhabitants of Vermont aforesaid. 

Gov. Hall suggested that this report was prepared in the absence of 
the delegates of New York, and in the expectation that both New Hamp- 
shire and New York would assent to its recommendation, and so end the 
encroachments of Vermont upon their territory. But, as will be seen, 
the delegates of New York resumed their sears on the 31st of July, and 
on the 3d of August presented a memorial of that state persisting in its 
claims to Vermont; whereupon the above named report was recom- 
mitted. 

1 The appointment of the committee and its report are not noted in 
Folwell's edition of the Journals of Congress, and the statements made 
here are from notes taken by Gov. Hall from the Committee Books of 
the Continental Congress in the State Department at Washington. — See 
H. Hall's Early History, pp. 350, 351, 



Proceedings in Congress relating to Vermont, 311 

Tuesday, July 31, 1781.' 
Mr. Duane and Mr. L'Hommedieu, two delegates for the state of New 
York, attended. 

Wednesday, August 1, 1781. 
A motion was made by Mr. Varnum, seconded by Mr. L'Hommedieu, 
that a committee be appointed to enquire into the facts mentioned in 
the intercepted letter of the 7th February last, from lord George Ger- 
main to sir Henry Clinton, and report the result of their enquiries to 
Congress. 

Mr. Bland moved to postpone this motion, which failed for want of the 
vote of a majority of the States. Yeas — New-Hampshire, New Jersey, 
Delaware, Virginia, South Carolina; nays — Massachusetts, Khode Island, 
Connecticut, New York; divided, Maryland; not counted one member 
yea for North Carolina, and one member nay for Georgia. The question 
to agree to the motion was also lost for the same reason: yeas, Rhode 
Island, Connecticut, New York, Maryland, and Virginia; nays — New 
Hampshire, Massachusetts, New Jersey, Delaware, and South Carolina; 
one vote on each side from North Carolina and Georgia not counted. 2 

This dispatch, and the encroachments of Vermont on New Hampshire 
and New York, thoroughly alarmed Congress and contributed essentially 
to the pledge in the resolutions of the 7th and 20th of August on which 
the final acknowledgment of the independence of the State was founded. 
This appears fpom the following: 

Ezra L ) Hommedieu (in Congress) to Gov. Clinton. — [Extract.] 

July 31, 1781. Some intercepted letters from Lord George Germaine 
on this subject [Vermont] and the solicitations of New Hampshire, it is 
said, induced them [congress] to take up this business without a repre- 

x From the Journals of Congress, 1781-2, Vol. vil, Fol well's edition. 

2 The intercepted dispatch was as follows: 

Lord George Germaine to Sir Henry Clinton. — [Extract.] 

Whitehall, [London,] February 7, 1781. 

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 bar to the attempt.* Gen- 
eral Haldimand, who has the same instructions with you to draw over 
these 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 
eastward, must depend on their numbers, and the disposition of the 
inhabitants; but, if Albany should take part with them, the inducement 
to attempt to open a communication with them by Hudson's river will 
appear irresistible to people here. — Vt. Hist. Soc. Cod., Vol. n, p. 93. 

* Washington had entertained such a design at times from September 1778 to December 1779.— 
Life and Writings, Vol. VI, pp. 56, 423. Vermont was to aid in this expedition.— See Vol, I, p. 217, 



312 Appendix H. 

sentation from New York. 1 The plan is, which is a report of a committee, 
to recommend it to New York and New Hampshire to relinquish their 
jurisdiction, or to consult on the propriety of doing it, to the state of 
Vermont, according to her former claims — the Massachusetts having 
already passed a law for that purpose, provided the other states would 
do the same. This report being the order of the day was recommitted. 
This plan probably might in some degree exculpate congress from blame, 
and they might refer the sufferers to the state, who had voluntarily relin- 
quished their jurisdiction, for compensation for their lands. 'Tis said a 
person from our state [New York] lately informed some members of 
congress that a majority of the assembly and a greater part of the senate 
were in favor of granting their independence. Probably this might have 
some effect. — Clinton Papers, No. 3862. 

James Madison to Edmund Pendleton. 

Philadelphia, August 14, 1781. 
Dear Sir: — The controversy relating to the district called Vermont, 
the inhabitants of which have for several years claimed and exercised 
the jurisdiction of an independent state, is at length put into a train of 
speedy decision. Notwithstanding the objections to such an event, there 
is no question but they will soon be established into a separate and fed- 
eral state. A relinquishment made by Massachusetts of her claims; a 
despair of finally obtaining theirs on the part of New York and JS'ew 
Hampshire, the other claimants on whom these enterprising adventurers 
were making fresh encroachments; the latent support afforded them by 
the leading people of the New England states in general, from which 
they emigrated; the just ground of apprehension that their rulers were 
engaging in clandestine negotiations with the enemy; and lastly, perhaps, 
the jealous policy of some of the little states, which hope that such a 
precedent may engender a division of some of the large ones, are the 
circumstances which will determine the concurrence of congress in this 
affair." — See Early History, p. 346-353; Madison Papers, Vol. I, p. 96. 

Referring to the intercepted dispatch, Ira Allen said: 
This information had greater influence on the wisdom and virtue of 
Congress than all the exertions of Vermont in taking Ticonderoga, 
Crown Point, and the two divisions from General Buogoyne's army, or 
their petition to be admitted as a State in the general confederation, and 
offers to pay their proportion of the expenses of the war. — I. Allen's 
History, in Vt. Hist. Soc. Collections, Vol. I, p. 429. 

In Congress, Friday, August 3, 1781. 
A memorial of the delegates, as agents for the state of New-York, 
respecting the controverted jurisdiction of the district called the New 
Hampshire Grants, was read. 

The memorial was as follows: 

Memorial of the Delegates of New York to Congress? 
To the United States of America in Congress assembled: 

The underwritten delegates for the state of New York have the 
honor, in obedience to an express instruction from the Legislature of the 
state of New York, to represent, that on the 24th of September, 1779, it 

iThat is, previous to July 31 1781, referring, doubtless, to the action 
of the committee, created July 9, on the letter of President Weare of 
June 20. 

a From the Haldimand Papers— furnished to Gen. H. by Ira Allen. 



Memorial of New York to Congress. 313 

was unanimously resolved by Congress that it be most earnestly recom- 
mended to the states of New Hampshire, Massachusetts and New York 
(among other things) forthwith to pass laws to refer to the decision of 
Congress all differences and disputes relative to jurisdiction over the 
district called the New Hampshire Grants, which they respectively had 
with the people of that district, so that Congress might proceed thereon 
on the first day of February then next, and Congress did thereby pledge 
their faith to carry into execution and support their determination and 
decision in the premises. 

That Congress having declared it to be essential to the interests of 
the whole Confederation that all intestine dissentions be carefully 
avoided, and domestic peace and good order be maintained, it was 
further unanimously resolved: that it was the duty of the people of the 
district aforesaid who denied the jurisdiction of all the aforesaid states, 
to abstain in the meantime from exercising any 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 west side of Connecticut River were to 
be considered as included within the said district, but such as had here- 
tofore joined in denying the jurisdiction of either of the said states, and 
had assumed a separate jurisdiction which they called the state of Ver- 
mont; and further, that in the opinion of Congress the three states 
aforesaid ought in the mean time to suspend executing their laws over 
any of the inhabitants of the said district, except such of them as profess- 
ed allegiance to and confessed the jurisdiction of the same respectively; 
and further, that Congress would consider any violence committed 
against the tenor, true intent and meaning of that resolution as a breach 
of the peace of the Confederacy, which they were determined to keep 
and maintain. And it is further resolved unanimouslv, that in the 
opinion of Congress no unappropriated lands or estates which were or 
might be adjudged forfeited or confiscated, lying in the said district, 
ought, until the final decision of Congress in the premises, to be granted 
or sold. That in pursuance of the said recommendation the Legislature 
of the state of New York passed a law fully authorizing Congress 
(among other things) to hear and determine all differences and disputes 
relative to the jurisdiction between the state of New York and such of 
the inhabitants of that part of the said district which lies on the west 
side of Counecticut River as denied the jurisdiction of that state; and 
that the said decision being duly made and published, should be and 
remain final and conclusive against that state forever. That in confor- 
mity to the said resolution, law and at great expense, the state of New 
York made the necessary preparations for supporting their territorial 
rights, and similar steps were taken on the part of the state of New 
Hampshire. That on the 19th of September, '80, all the parties con- 
cerned in the said controversy (Massachusetts Bay excepted) attended, 
namely: the delegates and agents from the states of New Hampshire 
and New York respectively, Ira Allen and Stephen R. Bradley in behalf 
of the people of the Grants claiming a separate and independent juris- 
diction, Luke Knowlton, agent in behalf of a number of towns within 
that part of the said district known by the name of the county of 
Cumberland, and Peter Olcot and Bezaleel Woodward, agents for the 
towns in the northern parts of the said district on both sides of the 
Connecticut River, and" the delegates as agents for the state of New 
York, laid before Congress evidence with an intent to prove that the 
district known by the name of the New Hampshire Grants on the west 
side of the Connecticut River is within the limits of the state of New 
York; that the state of New Hampshire had acknowledged this, and 



314 Appendix H. 

that the people of the said district had been represented in the Legisla- 
ture of New York since the year 1764, and submitted to the authority, 
jurisdiction and government of the Congress and Convention of the said 
state till late in the year 1777, and therefore have no right to a separate 
and independent jurisdiction. That on the 27th of the same month, all 
the parties being present except Messrs. Allen and Bradley, agents for 
the people of the Grants claiming a separate and independent "jurisdic- 
tion, who, although duly notified, declined any further attendance, the 
agents of the state of New Hampshire proceeded to offer evidence 
tending to prove that the tract of country known by the name of New 
Hampshire Grants was within the state of New Hampshire, and that 
therefore the people inhabiting the said tract of country can have no 
right to a separate and independent jurisdiction. That Luke Knowlton, 
agent in behalf of part of the county of Cumberland, within the said 
district, and Peter Olcott and Bezaleel Woodward, agents from the 
towns in the northern parts of the New Hampshire Grants on both sides 
of Connecticut river, being respectively called upon and having nothing 
to add, and pressings Congress to come to a determination, withdrew. 
That the delegates of the state of New York have repeatedly entreated 
Congress to decide the matters in question respecting the claim of an 
independent state, set up by some of the inhabitants of the district 
aforesaid, but a decision hath hitherto been deferred. The underwritten 
delegates are further instructed to represent that the state of New York, 
in compliance with the resolutions of Congress before recited, have 
hitherto suspended the execution of their laws over any inhabitants of 
the said district, except such as professed allegiance to, and confessed 
the jurisdiction of, the same, and have refrained from granting any lands 
within the said district. The inhabitants who deny our jurisdiction, on 
the contrary, have strengthened their party by disposing of those lands, 
and exercising force to compel their neighbors, within the said district, 
who profess themselves to be citizens and to own allegiance to the state 
of New York, to submit to their authority, and in violation of the 
express resolutions of Congress, have passed acts to include with their 
assumed jurisdiction several considerable districts extending westward 
from the claim they set up at the time of passing the said resolution, to 
the middle of Hudson's River. That their high-handed encroachments 
have greatly interrupted the raising of levies and supplies within the 
state of New York for the support of the war, and must be productive 
of further weakness and disorder, and render the said state, already 
greatly exhausted and desolated, altogether unable to contribute to the 
common cause. From these weighty considerations the underwritten 
are expressly instructed by the Legislature of the state of New York to 
urge Congress, agreeable to their said resolutions and engagements, to 
decide the controversy so long subsisting respecting the claim of inde- 
pendent jurisdiction set up under the pretended state of Vermont, and to 
take measures in the meantime for restraining the encroachments of the 
said inhabitants, at least within the bounds which they themselves, till 
the late extraordinary extention, considered, represented and claimed as 
comprehending the New Hampshire Grants. The underwritten do there- 
fore, by this public act, (which they pray may be received amongst the 
records of the United States,) make known the just expectations and 
earnest request of the Legislature of the state of New York, declaring 
their readiness to lay before such of the members of Congress as maybe 
uninformed, satisfactory evidence of the title of New York to all that 
part of the controverted district which lies on the west side of Connec- 
ticut River. 
Done at Philadelphia, in obedience to the express instruction of the 



Resolutions of Congress, Aug. 7 1781. 315 

Legislature of the State of New York, the 3d day of August, 1781, and 
in the sixth year of our Independence. 

(Signed) James Duane, 

Ezra LeHommedieu, 
Delegates for the state of New York and agents 
in the controversy referred to. 

Secretary's Office, Congress, > 

August 21, 1781. J 

The foregoing is a true copy of the original filed in this office. 
(Signed) George Bono, 

Deputy Secretary of Congress. 

In Congress, Tuesday, August 7, 1781. 

Congress took into consideration the report of the committee, consisting 
of Mr. Sherman, Mr. McKean, Mr. Carroll, Mr. Varnum, Mr. Madison, 
to whom was recommitted their report on a letter of the 20th June from 
the President of New Hampshire, together with a motion relative to the 
subject; and thereupon came to the following resolutions: 

Whereas fhe states of New-Hampshire and New-York, have submitted 
to Congress the decision of the disputes between them and the people 
inhabiting the New-Hampshire Grants, on the west side of Connecticut 
river, called 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 exercise the powers of a sov- 
ereign independent state, and have requested to be admitted into the 
federal union of the United States of America: in order thereto, and 
that they may have an opportunity to be heard in vindication of their 
said claim: 

Resolved, That a committee of five be appointed to confer with such 
person or persons, as may be appointed by the people residing on the 
New-Hampshire Grants, on the west side of Connecticut river, or by 
their representative 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 Congress assembled, 
shall determine to recognize their independence, and thereof make 
report: 

And it is hereby recommended to the people of the territory aforesaid, 
or their representative 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 behalf of the 
said people, to agree upon and ratify terms and articles of union and 
confederation with the United States 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. 

Resolved, That in case Congress shall recognize the independence of 
the said people of Vermont, they will consider all the lands belonging 
to New-Hampshire and New-York respectively, without the limits ot 
Vermont aforesaid, as coming within the mutual guarantee of territory 
contained in the articles of confederation; and that the United States 
will accordingly guarantee such lands and the jurisdiction over the 
same, against any claims or encroachments from the inhabitants of 
Vermont aforesaid. 1 

1 These resolutions were sent to Gov. Chittenden by Gen. Washington, 
by a special messenger — Capt. Ezra Heacock, — who was also charged 



316 Appendix IT. 

Wednesday, August 8, 1781. 

Congress proceeded to the election of a committee of five, to confer 
with such person or persons as may be appointed by the people residing 
on the New-Hampshire Grants, on the west side of Connecticut river, or 
by their representative body, respecting their claim to be an indepen- 
dent 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 Congress as- 
sembled, shall determine to recognize their independence: 

The members chosen, Mr. Boudinot [of New Jersey,] Mr. Vandyke 
[of Delaware,] Mr. Carroll [of Maryland,] Mr. Montgomery [of Penn- 
sylvania,] Mr. Randolph [of Virginia.] 

Friday, August 17, 1781. 

Congress took into consideration a report of the committee appointed 
in pursuance of the resolution of the 7th, to confer with agents to be 
appointed by the people of the New-Hampshire Grants, on the west side 
of Connecticut river; and to whom was referred a letter from Jonas Fay, 
Ira Allen, and Bezaleel Woodward, wherein they represent, that the 
said J. Fay, I. Allen and B. Woodward, have produced to them a com- 
mission, under the hand of Thomas Chittenden Esq; empowering them 
among other things, to repair to the American Congress, and to propose 
to and receive from them terms of an union with the United States; 
whereupon, 

Resolved, That it be an instruction to the committee to confer with the 
said Jonas Fay, Ira Allen and Bezaleel Woodward, on the subject of 
their mission. 1 



with a verbal inquiry, whether the people of Vermont would be satisfied 
with the independence suggested by the resolutions, or really designed 
to join the enemy. Gov. Chittenden conversed freely on Vermont 
affairs with Capt. Heacock; assured him that the negotiation with 
Canada was to secure the state from invasion; that the people of Ver- 
mont were zealous supporters of national independence, and desired the 
admission of their state into the union; but that under no circumstances 
would they submit to the jurisdiction of New York: "that they would 
oppose this by force of arms, and would join with the British in Canada, 
rather than to .submit to that government." Capt. Heacock was requested 
to report these declarations to Gen. Washington. — Vt. Hist. Soc. Collec- 
tions, Vol. ir, p. 158. 

1 The letter referred to was as follows : 

Philadelphia, 14th Aug. 1781. 

Sir, — We have the honor to enclose a duplicate of our commission to 
attend on the Honorable the Congress, and have to add that we are ready 
to enter on the business of our appointment. We are, &c. 

Jonas Fay, 
Ira Allen, 

His Excellency the President of Congress. Bez'l Woodward. 

Commission to the Vermont Delegates to Congress.* 
, ^-^^ v By His Excellency Thomas Chittenden Esquire Captain- 

•] Seal. [■ General, Governor and Commander-in-Chief in and over the 
< w-v-^ ' State of Vermont. 

To the Honorable Jonas Fay and Ira Allen Esq 1-8 - and 
to Bazaleel Woodward, Esq r - Greeting. 

* From the Haldimand Papers— copy furnished to Gen. H. by Ira Allen. 



Proposals of Vermont to Congress. 317 

On the 18th the committee of Congress and the Agents for Vermont 
had an interview, the record of which does not appear on the journal of 
Congress. The two documents annexed are from the Haldimand Pa- 
pers, having been furnished to Gen. Haldimand by Ira Allen: 

Vermont Delegates to Committee of Congi ess. 
To the Honorable Committee of Congress: 

Whereas, the state of Vermont hath formed jurisdictional union 
with people inhabiting a district of land known by the name of New 
Hampshire Grants, east of Connecticut River, on apprehension that the 
said district does not of right belong to New Hampshire; also with a 
district 20 miles in breadth, lying west of the New Hampshire Grants, 
on apprehension that it does not of right belong to the state of New 
York, by means of which union it is impracticable for the people on the 
New Hampshire Grants, west of Connecticut River only, to perform any 
public act as a state, exclusive of the districts above mentioned, and that 
the claims of the people on the said districts to independence from the 
states of New Hampshire and New York respectively, may have a full 
and fair hearing, and that a final decision may be had thereon as soon as 
may be : Therefore, the subscribers, delegates from and in behalf of the 
state of Vermont/beg leave to propose the following as terms which 
appear to them necessary in order to a Federal union between that and 
the United State's: 

1st. That Vermont be recognized as an independent state, under the 
following description, viz: Beginning at the northwest corner of the 
state of Massachusetts, which is the northwest corner of the town of 
Williamstown, and from thence extending eastward in the north line of 
Massachusetts to the west bank of Connecticut River; thence up the 
river as it tends to the 45th degree of north latitude; thence west in said 
latitude line to the centre of Lake Champlain, (west of Missisquy Bay); 
thence southwardly in the deepest channel of the said Lake, as also the 
channels of the South and East Bays, to the head of the latter; thence 
up the deepest channel of Poulteney River, and the west line of the 
town of Poulteney; thence southward on the westward line of the seve- 

Agreeable to a Resolution of the General Assembly of this State passed 
at their Session in June last, appointing You Delegates in behalf of this 
State to repair to the American Congress; with full powers to propose to 
and receive from them terms for an Union of this State with the United 
States, and to transact any other matters at Congress which may be 
necessary for the Wellfare of this State: such terms of Union or other 
Treaty agreed on to be subject to the ratification of the Legislature of 
this State previous to their establishment, and You are to take Seats in 
Congress as Delegates in behalf of this State when terms of Union shall 
be agreed on and Ratified as aforementioned. 

These are therefore to authorize and impower You, the said Jonas 
Fay, Ira Allen and Bezaleel Woodward, Esq rs - or either two of you to at- 
tend on the Honorable the Congress of the United States of America as 
soon as may be, then and there to do and transact the business of your 
appointment. 

Given under my hand and the seal of this State in the Council Cham- 
ber at Bennington this 10 th day of July A. D. 1781, and in the fifth Year 
of the Independence of this State. 

(Signed) Tho s - Chittenden. 

By His Excellency's Command. 

(Signed) Joseph Fay, Sec*- 



318 Appendix H. 

ral towns of Poulteney, Wells, Pawlet, Ruport, Sandgate, Arlington, 
Shaftsbury, Bennington and Pownall, to the place of beginning. 

2nd. That delegates to represent the state of Vermont in Congress 
be elected by the representatives of the freemen of the state, as it is now 
extended, until the several claims of New Hampshire and New York to 
the said districts be heard and determined. 

3rd. That the several claims of New Hampshire and New York be 
determined as soon as may be, and agreeable to the mode prescribed by 
the Articles of Confederation for the decision of disputes between two 
or more states concerning boundary, jurisdiction, &c. 

4th. That Vermont have the same right as any other state, on appli- 
cation to Congress, to have an hearing on the said disputes, and to be 
admitted in like manner by their agents (to be appointed for that pur- 
pose) as a party in support of the claim of the people within the said 
districts to independence from the said states of New Hampshire and 
New York respectively. In case that on trial the districts aforesaid shall 
[notj be found to belong of right to the states of New Hampshire and 
New York respectively, they shall be thenceforth considered as belong- 
ing to the jurisdiction of the state of Vermont. 

( Jonas Fay, 
(Signed) 4 Ira Allen, 

( Bez'l Woodward. 
Philadelphia. August 18th, 1781. 

Indorsed: "Copy. (No. 27.) Proposals from the agents of Vermont 
to Congress, dated Philadelphia, August 18th, 1781." — From the Haldi- 
mand Papers, in Vt. Hist. ISoc. Collections, Vol.ir, p. 164. 

Questions by Committee of Congress to Vermont Delegates, and their an- 
swers thereto. 

Philadelphia, 18 th August, 1781. 

Query 1st. Are the boundaries, set forth in the .written proposi- 
tions delivered in by the said agents, at this time, claimed by the State 
of Vermont, as the lines of jurisdiction, the same as contained in the 
resolution of Congress of the 7th of August instant ? 

Answer. They are the same, with the addition of part of the waters 
of Lake Champlain, for the benefit of trade &c. 

Query 2d. What part do the people of Vermont mean to take, as to 
the past expences of the present war, and what aid do they propose to 
atford as to men and money, to the common defence ? 

Answer. Such proportion as shall be mutually judged equitable, after 
their admission to a seat in Congress, which has been several times 
officially proposed by agents on the part of Vermont. 

Query M. What are the ideas of the people of Vermont relative to 
the claim of private property, under grants or patents from New-Hamp- 
shire, or New- York, previous to the present revolution ? 

Answer. Altho' the State of Vermont hath not, hitherto, author- 
ized any court to take cognizance of such causes, as respect titles of 
lands, nevertheless, they have had, and still have it in contemplation to 
adopt such modes, as the circumstances, arising out of each case, may 
justify, without adhering to the strict rules of law. 

Query Mh. What are the intentions of your constituents, in regard 
to the patents that were granted on conditions of settlement within a 
given time, and which have been prevented by the claims of the people 
of Vermont, and the present revolution V 

Answer. No forfeitures have been taken by the state of Vermont, on 
any such grant, for non-performance of conditions of settlement, and 



Questions to Vermont Delegates, and their Answers. 319 

we conceive it to be the intention of our constituents to grant a further 
reasonable time for fulfilling such conditions. 

Query 5th. What are the number of inhabitants within the lines 
mentioned in their propositions above mentioned ? 

Answer. As the citizens of Vermont have not been lately numbered, 
we can therefore only estimate them at about thirty thousand, which 
we conceive to be nearly a true estimation. 

Query 6th. What quantity of land is contained within the said bounds? 

Answer. There has been no accurate survey of the state of Vermont, 
but we conceive it to contain about five million acres. 

Query 1th. What applications have been made, either publicly or 
privately, by the enemies of the United States, or their adherents, to 
draw off the, people of Vermont from their affection to the United States 
of America ? 

Answer. The honorable committee* are possessed of copies of Bevy. 
Robinson's letters, enclosed in B. General Allen's letter of the 9th of 
March last, to the then President of Congress ; and any private offers 
we cannot avouch for. 

Query Sth. In case the enemy should attempt an invasion of the 
northern frontiers, what aid, as to men and provisions, could be raised in 
the Stale of Vermont, for the public defence, (you can suppose the inva- 
sion made in different quarters) and within what time ? 

Answer. The number of militia, within the lines herein limited, we 
suppose to consist of about seven thousand, in general well armed and ac- 
coutred, and have ever shown themselves spirited in case of alarms, &c. 
In regard to provisions, the country is fertile but new and considerable 
emigrations from other states to Vermont. — The Legislature, at their 
session, in October last, levied a tax on the inhabitants for provisions 
sufficient for victualling one thousand five hundred troops in the field for 
twelve months; and we are of opinion a larger store may be, in the 
same manner, collected, the ensuing autumn. 

Indorsed: tk Copy (No. 28) 1781. Queries from the Committee of Con- 
gress to the agents of Vermont and their answers, 18th August." — From 
the Haldimand Papers, in Vt. Hist. Soc. Collections, Vol. ii, p. 165. 

Of this interview Ira Allen gave other details in the following ac- 
count: 

A Committee of Congress was appointed to meet and agree with the 
Agents of Vermont, respecting lines and boundaries; they accordingly 
met. The eastern boundary line [Connecticut river] proposed by the 
[delegates of Vermont to the] Committee of Congress was not disputed, 
but the western boundary afforded a tedious dispute. Mr. James Duane, 
and Colonel Allen, managed the controversy, both being greatly inter- 
ested in the lands liable to be affected by the boundary line. Different 
proposals had been made, without producing any effect, and the Com- 
mittee often adjourned for deliberation, and went out of the Committee- 
room in Congress. At length Colonel Allen drew an abstruse line that 
would answer Vermont; gave it to the late Roger Shearman, Esq. mem- 
ber for Connecticut, just as Congress were impatient to adjourn, praying 
him to redraft it, and propose it as his own, which he complied with, and 
laid it before Congress, which was immediately received and passed into 
a resolve, and Congress adjourned, before Mr. Duane properly under- 
stood the motion, or rather, the operation of such proposed line, which 
added to Vermont beyond the original claim of New Hampshire, (which 
was a line from the north-west corner of the Massachusetts north, ten 
degrees east, in the west line of the towns of Pownal, Bennington, 
Shaftsbury,&c.) the towns of Fairhaven, Benson, South Hero, North Hero, 



320 



Appendix H. 



and Isle of Mott, and several other Islands, and put out of dispute Alburg, 
and some other lands, as also the navigation of Lake Charaplain. Had 
the Legislature of Vermont described Pawlet River, instead of Poultney 
River, in their act of relinquishment of jurisdiction, they would have 
held a much larger tract, and been equally consistent with the resolve 
of Congress, and if disputes arose respecting said line, they could not 
have been used against Vermont, as her Agents did not consent to them. 
— I. Allen'' s History, in Vt. Hist. Soc. Collections, Vol. I, p. 432. 

In Congress, Monday, August 20, 1781. 

The committee appointed to confer with J. Fay, I. Allen and B. 
Woodward, delivered in a report, which was taken into consideration; 
and, thereupon, Congress came to the following resolution: 

It being the fixed purpose of Congress to adhere to the guarantee to 
the States of New-Hampshire and New-York, contained in the resolu- 
tions of the 7th instant: 

Resolved, That it be an indispensable preliminary to the recognition 
of the independence of the people inhabiting the territory called Ver- 
mont, and their admission 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 north-west corner of the state of Massachusetts, thence running 
twenty miles east of Hudson's river, so far as the said river runs north- 
easterly in its general course; then by the west bounds of the townships 
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 
of forty-five degrees north excepting a neck of land between Missiskoy- 
Bay and the waters of Lake-Champlain. 

On the question to agree to this, the yeas and nays being required by 
Mr. Sharpe, 



New-Hampshire, 


Mr. Livermore, 


ay\* 


Delaware, 


Mr. M'Kean, 


51* 


Massachusetts, 


Mr. I'atridge, 


a y ( mi 




Mr. Vandyke, 




Mr. Osgood, 


ay\ ay 


Maryland, 


Mr. Jenifer, 


51* 


Rhode-Island, 


Mr. Mnwry, 


ay )■ * 




Mr. Carroll, 


Connecticut, 


Mr. Ellsworth, 


51* 


Virginia, 


Mr. Madison, 


ay] 




Mr. Sherman, 




Mr. Bland, 


5 * 

ay) 


New- Fork, 


Mr. Duane, 


Si- 




Mr. M. Smith, 




Mr. L'Hommedieu, 




Mr. Randolph, 


New- Jersey, 


Mr. Boudinot, 


a y ( a„ 


North Carolina, 


Mr. Sharpe, 


ay\* 




Mr. Elmer, 


ay^'J 


South Carolina, 


Mr. Matthews, 


no i 


Pennyslvania, 


Mr. Atlee, 


ay) 




Mr. Bee, 


ay\ay 




Mr. Clymer, 


ay fay 
ay) 




Mr. Eveligh, 


ay) 




Mr. T. Smith, 


Georgia, 


Mr. Walton, 


51* 










Mr. Howley, 



*Not counted, not being a majority of the delegates of the state. 

So it was resolved in the affirmative. 

It will be observed that New York only voted in the negative. From 
the affirmative vote of Mr. Livermore of N. H. the inference is that the 
instructions of New Hampshire of March 31 1781 were in harmony with 
those of the preceding January, on p. 274, ante. 



Proceedings of the General Assembly of Vermont, October 
1781, on the Resolutions of Congress of August 1781. 

The deliberations and action of the legislature were mainly in a com- 
mittee of both Houses, and for that reason the journals do not give an 
account in detail. Ira Allen stated in his history of Vermont that much 



Proceedings of the General Assembly, Oct. 1781. 321 

difficulty was encountered on account of the conflicting interests grow- 
ing out of the eastern and western unions; however, a result was reached 
on the 19th of October, when Jonas Fay of the Council, and Messrs. 
Ezra Stiles, Stephen K. Bradley, and John Barrett of the House, were 
appointed a committee to " prepare a Bill " agreeable to the report 
of the committee of the whole. A " bill," in the language of the record, 
meant an official statement of the action of the legislature. It was as 
follows : 

[From Slade's State Papers.'] 

State of Vermont, Charlestown, Octpber 16th, 1781. 

The Governor and Council having joined the general assembly, in a 
committee of the whole, to take into consideration the report of the hon- 
orable Jonas Fay, Ira Allen and Bezaleel Woodward, Esquires, who 
were appointed by the Legislature of this State, in the month of June 
last, to repair to the American Congress, with powers to propose to, and 
receive from, them, terms for an union of this, with the United States, &c. 

His Excellency Thomas Chittenden, Esquire, in the chair: 

The said agents laid before the committee the following papers, which 
were read by the secretary in their order, viz. 

1st and 2d. A copy of their letter to the President of Congress, of the 
14th of August last, enclosing a duplicate of their commission. 

3d. The resolutions of Congress, of the 7th and 8th of August last. 

4th. Brigadier General Bellows, and associates, petition to New- 
HampshireJ 25th of May, 1781. 

5th. Petition of the selectmen of Swanzy to New-Hampshire, June 
9th, 1781. 

6th. Honorable Mesheck Weare's letter, to be laid before Congress, 
dated 20th June, 1781. 

7th. Messieurs Duane and Ezra L'Hommedieu's memorial and prayer 
to Congress, of the 3d day of August, 1781; together with Ira Allen and 
Stephen Ii. Bradley Esquire's remonstrance to Congress, dated Septem- 
ber 22d, 1780. 

Sth. Resolve of Congress, dated 17th August, 1781. 

9th. Written proposals to committee of Congress, dated August 18th, 
1781. 

li)th. Questions proposed to the agents of Vermont by the committee 
of Congress, August 18th, 1781. 

11th. The foregoing questions, with the answers annexed. 

12th. Kesolutions of Congress of the 20th August, 1781. 

The further consideration of the report being referred, adjourned till 
to-morrow morning, nine o'clock. 

October 17. 

Met, according to adjournment. 

The committee proceeded to the consideration of the resolutions of 
Congress, of the 20th day of August aforesaid, and other papers men- 
tioned in the report of said agents; and, after some time spent thereon, 
resolved that, in the opinion of this committee, the Legislature cannot 
comply with the resolutions last referred to, without destroying the 
foundation of the present universal harmony and agreement that subsists 
in this state, and a violation of solemn compact entered into, by articles 
of union and confederation. 

The further consideration of the report being postponed, adjourned to 
nine o'clock to-morrow morning. 

22 



322 Appendix H. 

October 18. 

The committee having resumed the further consideration of the said 
report: 

Resolved, That, inasmuch as the resolutions of Congress of the 7th 
and 20th of August last, did, by no means, comport with, but entirely 
preclude, any propositions made by our agents; it is, therefore, the opin- 
ion of this committee, that the propositions made by our agents to the 
committee of Congress, on the 18th of August last, ought not, in future, 
to be considered as binding on the part of Vermont. 

Resolved, That it be and is hereby recommended to the Legislature 
of this state, that their thanks be returned to their honourable agents, 
for their good services in behalf of this state, on the business of their 
late mission to the Congress of the United States of America. 

And this committee recommend to the Legislature of this state, to re- 
main firm in the principles on which the state of Vermont first assumed 
government; and to hold the articles of union which connect each part 
of the state with the other, inviolate; and, for the further information 
and satisfaction of the honourable the Congress, and the world, do rec- 
ommend to the Legislature to publish the following articles, which re- 
spect the admission of Vermont into the fbederal union, viz. 

Art. 1st. That the independence of the state of Vermont be held 
sacred, and that no member of the Legislature shall give his vote, or 
otherwise use his endeavours, to obtain any act or resolution of Assem- 
bly, that shall endanger the existence, independence and well being of 
said state, by referring its independenc} r to the arbitrament of any power. 

Art. 2d. That whenever this state becomes united with the Ameri- 
can States, and there shall then be any disputes between this and any of 
the United States, the Legislature of the state of Vermont will then (as 
they have ever proposed) submit to Congress, or such other tribunal as 
may be mutually agreed on, for the settlement of any such disputes. 

And that the impartial world may be fully convinced of the good and 
laudable disposition of Vermont, and of her readiness to comply with 
any reasonable proposal, for the adjustment of the disputes, respecting 
boundary lines, between this and the neighbouring states of New-Hamp- 
shire and New- York, this committee further recommend to the Legis- 
lature to make the following proposals to the said states of New-Hamp- 
shire and New- York, respectively: that whereas, disputes have arisen 
between the states of New-Hampshire and Vermont, relative to juris- 
dictional boundary lines, &c. the Legislature of Vermont, being willing 
and desirous, as much as in them lies, to promote unity and good accord 
between the two states, do propose to the state of New-Hampshire, that 
all matters relating to the aforesaid dispute, shall *>e submitted to five, or 
more, judicious, unprejudiced persons, who shall be mutually agreed on, 
elected and chosen by a committee of Legislature, on the part of each 
state, respectively. 

And that the states of New-Hampshire and Vermont do pledge their 
faith, each to the other, that the decision had, by the persons so elected, 
being made up in writing, signed by the President of such Commission- 
ers, and delivered to the secretary of each state, respectively, shall be 
held sacredly binding on each of the said states of New-Hampshire and 
Vermont for ever. 

And that proposals of the same tenor, be also made to the Legislature 
of New- York. 

And this committee do further recommend, that nine persons be 
elected Commissioners, by the Legislature, on the part of Vermont, to 



Proposals of Vermont to Settle Boundaries. 323 

treat with Commissioners to be elected on the part of New-Hampshire 
and New- York, respectively, for the adjusting the aforesaid jurisdictional 
boundary lines. 

And that they be commissioned by his Excellency the Governor, and 
the