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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, Esq1"- and the following members of the honble Council viz1 :
Joseph Bowker, Esq1'-
Tim°- Brownson,
Jonas Fay,
Moses Robinson,
Jeremiah Clark,
Ira Allen,
Benjamin Emmons,
Paul Spooner, Esq1"-
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.
Pr- 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
Jur- Esqr-< Amos Robinson, Esqr^ 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, viz1 : His Excellency Thomas Chitten-
den Esq1-- 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
Honble Joseph Bowker, Moses Robinson, Jonas Fay, Timothy Brownson,
Benjamin Emmons, Paul Spooner, Jeremiah Clark, Sam1 Fletcher, Ira
Allen, John Throop, John Fassett Jur- & Thomas Chandler Jur- 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, Junr- Esqr' Reuben Jones,
Esqr- and Nathan Clark, Esqr- 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 Esqr- & Benjamin Emmons
Esqr- 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. Pr- order, Joseph Fay, Secy-
Adjourned to 8 °Clock Tomorrow.
Tuesday 19 October 1779.
Met according to Adjournment.
Voted Paul Spooner Esqr- to Join a Committee from the Assembly to
Nominate a Board of War.
Voted the Honble Benjamin Emmons & Joseph Bowker Esqrs- 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 Esqr- 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 Octr- 1779.
Met according to Adjournment.
Voted Samuel Fletcher Esqr to join a Committee from the Assembly
to take into consideration the Petition of Mr- 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,
Mr- Fassett, Mr- 1. [Isaac] Clark, and Mr- 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, Mr- Fassett,
Mr- Lyon, and Mr- 1. Clark.
The Committee appointed to deliver the aforesaid Message to the
Court of Confiscation, returned with the following report, viz:
" In Council, 19th 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. Pr-
" 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 21fc October 1779.
Met according to Adjournment.
Voted Moses Kobinson Esqr- 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 Mrs- Rogers and Family, [it is] ordered that
Mrs- 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 Esq1"- 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 Esq1"-' Ira Allen Esq1"- Joseph
Bowker Esq1*- Joseph Bradley Esqr^ Jonas Fay Esqr< Major Benjamin
Wait, Capt- Ebenezer Allen, Benjamin Emmons Esqr-/Col0- Samuel
Fletcher, Majr- Ebenezer Wood, William Ward, Esqr-> Joseph Fay Esqr-»
Timothy Brownson Esqr-> Joshua Webb, Esqr- Cap1- Hodges, [Edmond,
of Barnard,] Majr- Tyler, [Joseph, of Townshend,] Samuel Robinson
Esqr' Jonathan Fassett Esqr-
Resolved to choose by ballot nine persons for a Board of War, when
the following persons were accordingly chosen, viz* : His Excellency
Thomas Chittenden Esqr-* Ira Allen Esqr-> Joseph Bowker Esqr-< Capt.
Ebenr- Allen, Joseph Bradley Esqr-i Sam1- Fletcher Esq1'-* Majr- Benja-
Wait, Capt. Jonathan Fassett and Timothy Brownson Esq1"-
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 Esqr-> John
Shepherdson Esqr-> John Fassett, Junr- Esqr-' John Throop Esqr- and
Paul Spooner Esqr-
His Excellency Thomas Chittenden Esqr- requested to be excused
serving in the Board of War — Resolved that he be excused and another
chose in his room. Whereupon Samuel Robinson Esqr- 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 Esqr- to join a Committee from the Assembly
to prepare a proclamation for a day of public Thanksgiving and prayer.
Resolved that Mr- 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.]
Esqr- 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 RosL- Hopkins, Clerk.
Resolved that Jeremiah Clark Esqr- 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 pr- day while in service and one dollar pr- 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 Esqr- 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 Honble 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 Honble 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 Esqr- 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 Octr- 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 Esqr- 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 viz1- Mr- Ithamer Hib-
bard and John Fassett, Esqr- 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.
xThe 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 Esqr- 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. Pr- 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 Mr- 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, Majr- Benjamin Wait, Jonas Fay
Esqr- & 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, RosL- Hopkins, Clerk?
Thursday October 28 1779.
Met according to Adjournment.
Resolved that His Excellency Thomas Chittenden & Ira Allen Esq1"-
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 Esqr- 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 p1'- acre to be paid by the 20 of December next.
Resolved that His Excellency the Governor & Ira Allen Esqr- 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
pr- 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 27th 1779.
Board of War met. Present — Timothy Brownson Esqr-» Joseph Bow-
ker Esqr-i Samuel Robinson Esq1"-* Majr- Benjamin Wait, Capt. Ebenr-
Allen, Sam1 Fletcher, Esqr- and Ira Allen Esqr-
Proseeded to the choise of a President & Secretary.
l8t- Made choise of Timothy Brownson Esqr. President.
Board of War— October 1779. 15
2d- Made choise of Ira Allen Esqr- 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 sd.
men and have liberty to appoint two Sergeants, two Corporals and one
Drummer.
Resolved that said Lieutenant Have Sixty Pounds pr- month, That
each sergeant have twenty five pounds pr- month, That each Corporal
and Drum have twenty two pounds ten shillings pr- month, That each
soldier have twenty pounds pr- 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, 27th 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.
pr- order, Ira Allen, Sec*-
To His Excellency Thomas Chittenden Esqr-
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 recd on file in the Secretary8 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 Esqr- 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 sd 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 viz4:
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 Esqr> Ira Allen
& John Fassett, Junr 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 pr- 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
Esq1-- Ira Allen & John Fassett Jur- Esquires, one hundred & Twenty
Eight pounds, L. money, on or before the 10th 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 Kovr- 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 sd 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, 11th Novr- 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 10th 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, Captn- 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 & Col0- 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 Esqr- 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 Esq1'- & 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 — Honble 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 viz1- 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 Esqr- L* Joseph Safford, the Honble John
Fassett [jr.] Esqr- Samuel Robinson Esqr- & Mr- 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 8th Decn 1779.
Present His Excellency the Governor —
Honble Joseph Bowker, Timothy Brownson,
Moses Robinson, Jeremiah Clark &
Jonas Fay, John Fassett Jur Esqr8-
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 9th 1779.
Resolved that Jonas Fay, Moses Robinson & Stephen R. Bradley
Esq1-8- 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 Esqr> 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 Gen1 Assembly of this State at their
Sessions in October last to receive the money1 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 Honble8
Joseph Bowker, Esq1-' John Fassett, jr. Esqr>
Paul Spooner Esqr-> Sam1- Fletcher, Esqr-
Benjamin Emmons, Esqr>
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. 23d 1779.
Debenture of the Board of War.
Present — Timothy Brownson Esq.
[Received] Tim0- Brownson.
Maj. Benj. Wait,
^Received] Benj. Wait.
Capt. Ebenezer Allen,
Recd 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
0
28 0
0
17 4
0
8 4
0
20 10
9 0
0
0
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, 29th Feb?- 1780.
Present — His Excellency Thomas Chittenden Esq1- Gov-
Jeremiah Clark &
John Fassett Jr- Esq™
Joseph Fay, Se&-
Honble Joseph Bowker,
Moses Robinson,
Jonas Fay,
Tim0- 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 Col0- 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 Col0, 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. 2d 1780.
Debenture of the Board of War.
Hon. Timothy Brownson Esq. £10 4 0
[Reed] Timthy Brownson.
Maj. Benj. Wait " 37 10 0
[Reed] Benj. Wait.
Lieut. Joseph Bradley 10 4 0
[Reed] Joseph Bradley.
Capt. Samuel Robinson 13 10 0
[Reed] Samuel Robinson.
Col. Ebenezer Allen 18 12 0
[Reed] Ebenezer Allen.
Capt. Jona. Fassett 9 18 0
[Reed] Jona. Fassett.
Timthy 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 sd 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 29th 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 sd- Town the writs of sd- 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 Mr-
Tolman to me were not recd- " 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 frontiers1 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. pr- 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
aThis 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.
" pr- order of Committee, M. Lyon, Chairm-
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 Col0- 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 Col0- Howel Woodbridge and Jonathan Wells Esqr- and Company
one like township as returned in said plan by the name of Michford —
" To Doctr- Ezra Stiles,1 Doctr- 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] —
uTo Daniel Owen Esq1-- 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 Govr & 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,
viz4-
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, viz4- 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, 16th March 1780.
" Whereas it appears to this Council that it will not be in the power
of Joseph Bowker Esq1' 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 Philadelphia1 & 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 honble 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 Mr- [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, Mr Strong, Mr Brewster, Mr- E. Clark, [Ezekiel
of Clarendon,] M1- Ives, Mr Roberts, Mr- Drury, Mr- Foot, Mr- Hamilton,
Mr- Underwood, Mr- Williams, Mr- Barrett, Mr- Merrick, Mr- Knight, Mr-
Webb, Mv- Jones, Mr- Upham, Mr- Curtiss, M1 • Howland, Mr- Whitcomb,
Mr- Gilbert, Mr- Stephens, Mr- French.
Nays. — Mr- N. Clark, [Nathan of Bennington,] Mr- Lyon, Mr- Galusha,
Mr- Comstock, Mr- Ormsby, Mr- M. Robinson, [Moses of Rupert,] Mr-
Hibbard, Mr- Ward, Mr- Noyce, Mr- Harris, Mr- Hale, Mr- N. Robinson,
[Nathaniel of Westminster,] Mr- Russell, Mr- 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 Mr- Tolman to me
were not recd-
April 7th 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 6th- 1780.
Board of War met. Present — Joseph Bradley, Ebenr- Allen, Jona-
than Fassett, Ira Allen, Esquires.
April 7th' 1780. — Board of War met. — Sam1 Robinson Esqr- joined.
Resolved that Joseph Bradley Esqr- 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 Majr- Ebenr- 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 Majr- Ebenr- 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 Majr- Ebenr- Allen for the defence of the
fronteers.
Resolved that said men be raised from the several Reg1- in the follow-
ing Proportion, viz.:
Col0- Herrick's Reg1- 24
Col0- Allen's Reg1- 18
Col0- Warren's Reg1- 8
Col0- Fletcher's Reg1- 13
Col0- Marsh's Reg1- 12
Total 75
Resolved that Cap1- 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 Majr- Ebenr- Allen's Command.
Board of War— April 1780. 29
Resolved that Col0- 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 Tho8- Chittenden Esqr- to carry into Execution.
Resolved that Cap1- 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 Cap4- 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 8th 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 pr- 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 Col0- Joel
Marsh, Col0- 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 Reg1- to join Cap*- [probably Philip]
Safford's Company, if so how many and whether the remainder are
likely to be raised soon. 3d 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. 4th1^ 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, Esqr-
Debenture of the Board of War, Arlington, April 8th 1780.
Hon. Tim? Brownson, present,
£26 8
0
[Received] Timy Brownson.
Esq. Joseph Bradley,
38 8
0
Esq. Samuel Robinson,
36 0
0
Esq. Ira Allen,
36 12
0
Maj. Ebenezer Allen,
84 0
u
[Received] Ebene- Allen.
Capt. Jonathan Fassett,
37 0
0
The above brought into Lawful money.
Esq. Joseph Bradley, £38 8 0 £1 4 a
The above paid by order from Pay-Table.
Esq. Samuel Robinson, £36 0 0 12 6
Esq. Ira Allen, £36 12 0 1 2 10
Capt. Jonathan Fassett, £37 0 0 13 1
Arlington, May 11th 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. Thos- 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 6th 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, 2d 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.
pr- order, Thos- Chittenden, ) „
John Fassett, \ Comittee.
Received on the above Twenty six shillings and Eight pence. Re-
ceived more Twelve shillings. Reuben Thomas.
5th of June, 1781, received Two pounds Twelve shillings the remain-
der of the above order pl- 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 7th 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 pr- 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 Esqr- 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,
Col0- [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 15th 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 Esqr- 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 Esqr- 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 12th> 1780.
Present — Timothy Brownson, Sam1- Fletcher, Joseph Bradley, Sam1-
Robinson, Jonathan Fassett, & Ira Allen.
1st- Resolved that Paul Spooner Esq1"- be & he is hereby requested to
call on Doctr- [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.
2d- Resolved to raise by inlistment without loss of time one Company
of men to join Majr- Ebenr- 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.
3d- Resolved that this Board do recommend to his Excellency Tho8-
Chittenden Esq1"- to appoint and Commissionate officers for the aforesaid
Company.
4th- Resolved that Sam1- Robinson Esqr- be requested to Call on Isaac
Tichenor Esqr- 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 12th 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 Thos- Chittenden, Esqr-
A Debenture of the Board of War.
Arlington, June 12th 1780.
Present —
Joseph Bradley Esq. one day's attendance 4 mile travel, £15 4 0
[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 Excellency8 summons
for that purpose holden at Arlington on the 4th day of July 1780 —
Present His Excellency Thomas Chittenden Esq1'- & the Honorable
Members of his Council as follows —
Moses Robinson,
Jonas Pay,
Timothy Brownson,
Adjourned to 8 °Clock Tomorrow.
Jeremiah Clark, &
John Fassett, Jur- Esqrs-
Joseph Pay, Esqr- Sec'v-
Wednesday 5th 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 0
[Received] Samuel Robinson.
Jonathan Fassett Esq. one day attendance, 12 0 0
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 0 0 [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, 13th July 1780.
In Council met according to his Excellency8 summons for that pur-
pose.
Present — His Excellency Governor Chittenden,
the Honble
Joseph Bowker,
Tim°- Brownson,
Jeremiah Clark,
Ira Allen,
John Fassett jr- Esqr8*
Joseph Pay, Esqr- 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 p1'- pound & that the Lead be pr- pound, & flints
pr- Doz.
Resolved the Honble Ira Allen Esq1"- be & he is hereby appointed to
proceed to Philadelphia to deliver a letter from Governor Chittenden of
this day's date1 to Samuel Huntington Esq1' President of Congress, con-
taining an Answer to the President's Letter to Gov1'- Chittenden of the
10th of June last, containing several acts of Congress of the 2d and 9th 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 14th 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 Majr- Ebenr- 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 Cap1- 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 24th 1780.
At a meeting of the Governor & Council by his Excellency8 order for
that purpose in the Council Chamber Bennington date above — Present
his Excellency Gov. Chittenden & the following members of the Honble
Council viz*:
Ira Allen, and
John Fassett Jur- Esq1-3-
Joseph Fay, Esq1*- 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, 25th 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 Cap1- Hutchins and Cap*- Saf-
ford, Therefore resolved that Cap1- 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 sd 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, Esqr-
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 7th 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 Majr- Ebenr-
Allen's detachment of Rangers; that they be drafted from the several
Reg'- in the following Proportions, (viz.)
Col0- Samuel Herrick's Regiment, 24 men.
Col0- Ira Allen's Reg1- 21 men.
Col0- Eben1- 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°- Sam1 Herrick's Reg*--
that the Lieu*- be drafted from Ira Allen's Reg4- and the Ensign from
Col°- Ebenr- 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 Thos- Chittenden Esqr- to
carry the foregoing Resolutions into Execution.
Sunderland, Aug. 7th 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 21st 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
0
0
12
28
0 0)
o o;
40
0
0
12
0
0
12
0
0
12
14
0 07
8 o;
26
8
0
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 Esqr- in behalf of the State of Vermont & Mr- Timothy
Green printer at New London, (Conn.,) be & hereby is Ratified on Con-
dition ihat Mr- Green send his son to print for this State in Leu of Mr-
Spooner.
Resolved that Mr- Ezra Stiles be and he is hereby appointed and im-
powered to repair as soon as may be to New London to inform M1-
Green of the Ratification [of the agreement] made between Stephen R.
manded by Cap1- Cox & a Lieu*- for the defence of the frontiers in that
vicinity: Resolved therefore on said officers and soldiers joining Majr-
Ebenr- 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, Col0- J. Safford, Maj. B. Wait, Cap4-
Sever, Cap*- J. [probably Jesse] Safford, & Cap*- [Benjamin] Cox be a
Committee to station Cap1- 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. 21st 1780.
A Debenture for the Board of War.
Col. Tim°- Brownson 1 days attendance, £12 0 0
Travil 4 miles, 3 4 0
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
0
12 0 0)
3 4 o;
15 4
0
12 0 0?
3 4 OS
15 4
0
24 0 0)
60 16 0 J
84 16
0
12 0 07
11 1 OC
23 1
0
Governor and Council — September 1780. 39
Bradley Esqr- & Mr- 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 Esqr- 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, 23d Sept. 1780.
Gentlemen — Your petition supposed to be yesterday's date has been
this day recd 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
Humble 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 12th day of October 1780,
Present — His Excellency Thomas Chittenden Esqr- Govr-
His Honor Benjamin Carpenter Esqr- U" Gov1*-
And the following Members of the Honble Council viz*-
Paul Spooner,
Ira Allen,
John Fassett, [jr.]
Samuel Fletcher,
John Throop Esqrs-
Jonas Fay, John Fassett, Joseph
Bowker, Paul Spooner, & Moses Robinson Esqrs- be & they are hereby
appointed a Committee to join a Committee from the House to receive,
Honblc Moses Robinson Esq1
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 Esqr- Governor; His Honor Ben-
jamin Carpenter Esqr- LL Governor; Honble Ira Allen, Benjamin Em-
mons, Samuel Fletcher, John Throop, John Fassett Junr» Thomas
Chandler, [jr.,] Joseph Bowker, Jonas Fay, Timothy Brownson, Paul
Spooner, Moses Robinson, Jeremiah Clark Esqr' 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 Honble Jonas Fay Esq1*- be & he is hereby appointed
Sec'y P. Tem, in the Absence of Joseph Fay Esqr-
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 Mr- 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 honble Benja- Carpenter Esqr- 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 Pale1 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 Esqr- 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 Mr- Bowker & Mr-
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 Sam1- Hunting-
ton, President of Congress, enclosing Acts of Congress of the 9th and 11th
[ 2d and 9th ] of June last — and a letter under his signature to the
President of Congress dated 25th 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 Esqr- &c, and attested by Joseph Fay, Esq1--
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*'- 12th 1780.
3diy — a paper signed by Ira Allen and Stephen R. Bradley Esqrs- 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
4th — 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 Septr- 22d 1780.
gth — ^ letter signed by Ira Allen and Stephen R. Bradley Esquires,
directed to the President of Congress — dated Octr- 2d 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, Mr- 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 Mr- Allen, M1'- Fassett, Mr- Fay & Mr-
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 Mr- Brownson & Mr- Bowker.
Thomas Chandler [jr.] Esq1"- 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, Octr- 14th 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.]
2d — The procuring provisions and ammunition for the year ensuing.
3d — 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, Thos- Chittenden, Govr-
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 18th October 1780.
Met according to adjournment & proceeded to the necessary business
of the da}'.
The Honorable Moses Robinson Esqr- appeared before his Excellency
& took the Necessary Oaths to qualify him to take his seat in Council.
Adjourned to 8 °Clock Tomorrow.8
Thursday, 19th October 1780.
Met according to adjournment.
Resolved that Josph Fay Esqr- 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 Esqr- 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 sd 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 Majr- Samuel
Billing as specified in a Warrant given him for that purpose.
Resolved that Edward Harriss Esq1*-' 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 Rects- for the Settlement with the Creditors for such Debts
as are found to be justly due from Phinehas Fairbank Late of sd Wil-
1 The persons elected were Timo. Brownson, Ira Allen, Samuel Rob-
inson, Joseph Bowker, Stephen Pearl, John Fassett jr., Benja- 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, Mr- [Matthew] Lyon, Mr- [William] Williams, Mr-
[Abner] Seelye, M^ [Eos well] Post, and Mr- [William] Fitch. Mr
A. [Amos] Robinson is appointed in the room of Mr- 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 Bigelow2 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 Gen1- [Ethan] Allen to Govr- Chittenden, dated
at Head Quarters Castleton, Octr- 18th and 19th 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 recd in the Trans-
fer of the Books from Mr. [Thomas] Tolman, late Sec^- or otherwise.
The recess from the 21st to the 28th 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.
Ap1 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, 28th 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 Gen1- [Ethan] Allen to Govr- Chitten-
den, dated Head Quarters Castleton 22d Octr- 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 Comttee> Paul Spooner, Chman-"
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 Gen1- 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, 30th 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*- & recd the following request from the
General Assembly viz*:
In General Assembly, Oct. 31st 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*- Gen1- and Com-
mander in chief's making proposals to his Excellency Govr- 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 Majr- Carle-
ton agreeable to Gen1- Haldimand's proposals for that purpose.
Extract from the Minutes, RosL- 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 Gen1- Haldimand of Canada, dated at Quebec Octr«
22d 1780, directed to Govr- Chittenden: one from Majr- Chs. Carleton
commanding a party of the British, &c, dated at Crown Point Octr- 26th
1780, directed to Gen1- Allen, both of which contained proposals to set-
tle a Cartel for exchanging prisoners; likewise a copy of a letter from
Gen1- Allen, directed to Col°- Webster [of New York,] dated Castleton,
29th Octr- 1780; a copy of a letter from Gen1- Allen to Majr [Ebenezer]
Allen, and a copy of a letter from Gen1- Allen to Majr- Carleton, were
read.
Likewise the Governor informed the House that he had wrote to
Gen1- Haldimand by advice of his Council making proposals to exchange
prisoners, which occasioned the letters from Gen1- Haldimand & Majr«
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 Col0- Uclney Hay D. C. G. Purchases, [Northern
Department of the continental army,] directed to Govr- Chittenden
was read and refered to a Committee of three to make report. The
Members chosen Mr- [Reuben] Jones, Mr- Lyon, and Mr- Williams.
A letter from Govr- Clinton, one from Col0- Webster, and one from
Col0- Fletcher directed to Gov1'- 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 Col0- Hay with the beef required.
"Your Committee would remind the House that there is no law that
prevents Col0- 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, Chmn"
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 2d 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 Honble Ira Allen and Joseph Fay Esquires be &
they are hereby appointed & empowered to repair forthwith to Crown-
point or Sl- Johns & Enter upon the Establishment of a Carteel for the
exchange of Prisoners.
Adjourned to 8 °Clock Tomorrow.
Friday 3d 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 20th day of February next, and the other half to be paid by
the 15th 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 Novr- 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 Honble 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 Esqr- & Company N°- 4 on the plan.
Resolved that the Proprietors of the Township of Washington, Granted
to Mr 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
15th 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 Esq1-- 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 sd- 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 7th Novr- 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> Sam1- 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 10th 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 Mr- 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 Col0- Timothy Newel, Ebenezer Crafts Esq1"-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
Col0- 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 Mr- 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 18th 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 pd- by the 17th 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 8th 1780.
Met according to Adjournment.
Resolved that the proprietors of the Township of East Haven, Granted
to Mr- 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 15th 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
Col0- Andrew Adams,1 Mr 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 Dec1"- 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, Mr- 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 Messrs- 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 Messrs- 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 Col0- Dauforth Keyes and Mr- 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 Col0- Ebenezer Wood, Mr- [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 Mr
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 Mr- 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 Esqr- & 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 & Mr- 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 Esqr- 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 20th 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 13th 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
Esq1"- 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 Esqr- & 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 18th 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 Honble Paul Spooner and John Throop Esqrs- be &
they are hereby choosen a Committee to return the Names of the
present settlers in the Township of Brookfield, Granted to Mr- 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, L1 Col0- Samuel SafFord, the officers, soldiers, and
the Heirs of the Deceased persons of His Reg1- 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 10th 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, Honble John Fassett Jur-
Esqr- & the Honble Timothy Brownson Esqr- 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 Esqr- make the draft of a Proclamation
for a public Thanksgiving.
Resolved that the Proprietors of the district of Ira, Granted to Nathan
Clark Esqr- & 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 Recd- from the House & ordered to be
recorded, viz*-
" In General Assembly, Novr- 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, RosL 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 Novr- 29th 1780.
In Board of War, Arlington, Nov1"- 29th 1780.
Members Present — Timothy Brownson Esqr-> President.
Joseph Bowker Esqr-
Stephen Pearl Esqr-
John Fassett [jr.] Esqr-
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 Col0-
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 Col0- 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 Captts- to be eight
pounds Hard money each pr- month or other money Equivalent and the
other officers and soldiers Pay in proportion.
Resolved further to recommend to the Cap*- Gen1- 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 Col0-
Fletcher's Reg4- 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 Col0- Sam1- Herricks Reg1- 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 pr- month to be five pounds Eight
shillings Hard money Each or other money Equivalent: the Sergeant's
pay pr- 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 pr- 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 Esq1- £0 15 4
Joseph 'Bowker Esqr- 19 0
Stephen Pearl Esqr- 112
John Fassett [jr.] Esqr- 1 12 4
Land Grants of 1780 — State Finances. 61
The Honorable Col0- Timothy Brownson
President of the Honorable the Board of War, Sunderland.
Arlington, Decr l8t 1780.
Dear Sir:— I am directed by his Excellency to Copy the resolutions of
the Honble 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,
Thos Tolman.
Hon. Col0- 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 Mr- Sam1- Robinson, Mr- [Edward] Harris,
Col0- [John] Strong, Mr- [Ebenezer] Curtiss, and Mr [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 Mr- [Matthew] Lyon, Mr- [Benjamin] Whipple,
Mr [Thomas] Porter, and Mr- [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 Col0- 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 DECR 1780.
Bennington 16 Decr- 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 Money8 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 recd- by him & paid out, &
settle his accts- with the Auditors of accts- as often as they shall call upon
him for that purpose. He shall take all his Rects for money Specifying
the sums in words at Length & and not in figures, & no other Recte-
shall pass as a Voucher to his accts- 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 Recf-
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 wTho 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. 2d and held by adjournment until the 10th inclusive (1781.)
Tuesday, Jan. 2d 1781.
Agreeable to an appointment of the Honble the President of this Board
of War for the Honble Board to meet at this place on the 1st Tuesday in
January, the same met — Present
Honble John Fassett Jun. Esq1"- )
Samuel Robinson Esq1"- > Members,
Benjamin Wait Esqr- )
and not being a full Board, adjourned 'till Tomorrow.
Thos- Tolman, Secy- Pro Tern.
Wednesday, Jan. 3d- — Met according: to adjournment, when the
Honble Tim0- Brownson Esqr- President appeared and took the chair.
But there being not yet a lull board, adjourned till Tomorrow.
Thos Tolman, Secy- Pro Tern.
Thursday, Jan. 4th- — Met according to adjournment, when Stephen
Pearl Esqr- appeared and took his seat at the Board.
The Board proceeded to business by order of the President.
Resolved that Thos- Tolman be appointed Secy- Pro Tern to this Board
during ye present sitting of this Board.
And upon motion made
Resolved, that the nay for Jonathan Fassett Esqr- late Comis^ of Pur-
chases be £V6 10 0 pr- month, he to find his own Horse, and be allowed
reasonable expences for himself and Horse, exclusive of his pay.
Resolved, that Elisha Clark Esqr- late Commissary of Issues be allowed
.£8 per month, and 3 rations pr- day — and that Messrs- Eli Cogsell, Lyman
Chase & Amos Bicknel, late Assistant Commissaries of Issues, be allowed,
each, £5 8 0 pr- month and two rations pr- day.
Resolved, that Cap*- Joseph Sarford late Barrack master be allowed
while in actual service £7 pr- month, & 2 rations pr- day.
Resolved, that Mr. Gershom Beach, armourer, be allowed while in
actual service £7 pr- month and 2 rations pr- day.
Adjourned 'till 120the Clock on Wednesday [Monday] next.
Thos- Tolman, Secy- Pro Tern.
Monday, Jan. 8th— Met according to adjournment, when the Honble
Joseph Bowker and Samuel Fletcher Esqrs- appeared and took their seats
at the Board,— Stephen Pearl Esqr- not present, — and after deliberating
upon sundry matters of Importance without entering into any Resolves,
adjourned till Tomorrow morning 9 °clock.
Thos Tolman, Secy- Pro Tern.
Tuesday, Jan. 9th- — Met according to adjournment, when Stephen
Pearl Esq1-- 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 15th day of Dec™1-- next, unless sooner
discharged,) which shall consist of one L* Col0- Commdt> 2 majors, 9
captains, 18 subalterns, 1 Surgeon, 1 Surgs- mate, 1 Serg*- Majr' 1 Quarter
Mas1- Serg*- 36 Serjeants, 1 Drum Maj., 1 Fife Majr> 8 Drummers, 8 Fifers
& 612 Rank and File.
Resolved, that 1 Adj#t- and 1 Qr- Mastr- be appointed by the L1 Co1-
Commandant out of the 18 Subalterns, To be allowed each £2 pr- month,
in addition to their pay in the Line.
Resolved, that each company shall consist of 1 Cap1- 1 first Lieu1- 1
second Lieu4- 4 Sergeants, 1 Drummer, 1 fifer, and 68 Rank and File,
and that the Drums and fifes Major be annexed to the 1st 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 Ebnr- Allen,
f Jesse Sawyer,
William Hutchins,
Jesse Safford,
Jonas Galusha,
John Powell,
Nathaniel [Nehemiah] Lovell, 6th
Bank. Pay pr-
month.
U Col0- Commdt' £15
1st Major,
2d Major,
1st Captain,
[James] Blakesley,
James Brookins,'
Josiah Fish,
Zebulon Lyon,
Gideon Spencer,
Bariab Green,
Nath1- Holmes,
.§ ■{ Josiah Wright,
7th
8th
9th
1st
do.
do.
do.
- do.
do.
do.
do.
do.
first Lieut.
^
Benjamin Everist,
Moses Evans,
Elias Hall,
Ebenezer Hoisington,
Benjamin Stevens,
2d first do.
3d first do.
4th first do.
5th first do.
6th first do.
7th first do.
8th first do.
9th first do.
1st second Lieut.
2d second Lieut.
3d second Lieut.
4th second Lieut.
5th second Lieut.
Noah Chittenden, 6th second Lieut.
David Powers, 7th second Lieut.
John Boardman, 8th second Lieut.
l_ William Post. 9th second Lieut.
*fc* \ NathL Dickinson, Surgeon
g| 1 John Hazleton, Surgeon's Mate
Resolved, that the L*- Col0- Commandant and Majr- Benjamin Wait
be directed to nominate such Gentlemen as they shall judge worthy to
fill the several places of a 6th first Lieut., a 1st 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.
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£10
Bations
pr- Day.
No. 6
5
4
3
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2
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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 pr- month, for each retained Ration not drawn in Provisions,
£1.
Adjourned 'till Tomorrow morning 8 othc clock.
Thos Tolman, Secy- Pro Tern.
Wednesday, Jan. 10th- — 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.) Col0- Samuel
Fletcher's Reg1- 152 men, Col. Samuel Merrick's 112, Col0- Ebenezer
Woods 99, The 4th Regiment as it stood before the last session of
Assembly 111, Col0- Ebenezer Allen's 83, and Col0- 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
pr- month shall be as follows, (viz.)
Serg1- Majr-
Qr- Mr- 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 Col0- Fletcher's and Col0- 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>
Col0- 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
xTump 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 RegL 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> Col0 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 Cap4- 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 Cap1-
General, and that the Lieu1- 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, Serj1- Major & Q. M1- Serjeant shall
be annexed to do duty in Majr- 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 Majr- Isaac Clark be appointed to supply such
vacancy, and the Captain General is requested to Commission him ac-
cordingly. By order of the Board, Thos- Tolman, Secy- Pro Tern.
Bennington, 9th 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.
Honble Timothy Brownson.
70 Governor and Council — February 1781.
Debenture of the Board of War met at Arlington Jan. 2d 1781 and con-
tinued by adjournment until the 10th inclusive.
To the Hon. Timothy Brownson Esq. President, 5 days at 7 1 £1 15 0
8 miles travel at 4d. 2 8
Recd- pr Tim° Brownson, 1 17 8
Hon. Joseph Bowker Esq. 3 days 21 1 45 miles travel 15 1 1 16 0
Recd- pr Joseph Bowker.
Stephen Pearl Esq. 3 days 21 1 double travel Amt. 40
miles, at 4d Recd- pr. 1 14 4
Hon. Samuel Fletcher Esq. 3 days 21 1 42 miles travel 14 1
Reed- pr. 1 15 0
John Fassett Esq. Junr- 6 days 42 j 2 miles travel at4d. Recd- pr. 2 2 8
Benj. Wait Esq. 6 days 42 ] 80 miles travel, 26 j8 Recd pr. 3 8 8
Samuel Robinson 6 days 42 1 28 miles [double] travel 9|4 2 11 4
Recd- 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. 8th 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 Esqr' His Honor Benjamin
Carpenter Esqr- Lt. Govr- and the following Members of the Honble Coun-
cil, viz4- Honblc Joseph Bowker, Timothy Brownson, Paul Spooner, Ben-
jamin Emmons, Ira Allen, John Throop, John Fassett, [jr.,] & Tho8-
Chandler [jr.] Esqre-
Resolved that Thomas Tolman be & he is hereby appointed Sec^- Pro
Tempore.
A memorial from Doctor Thomas Clark was read, whereupon the
Honble Ira Allen Esq1-- [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. 9th 1781.
Met according to Adjournment.
The Honble Samuel Fletcher Esqr- 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 Honble Samuel Fletcher &
John Fassett, [jr.,] Esquires.
Adjourned until 9 °Clock Monday next.1
Feb. 12th 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- 10th 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 ass1- 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 Honble 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 Honble
Tim0- Brownson Esquire.
Resolved that the Honble Benjamin Emmons Esqr- 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 sd- 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 Honble 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 Mr
[Benjamin] Whipple, Mr- [Abner] Seelye, Mr- [Ebenezer] Drury. Mr
[Elisha] Burton. Mr- E. [Elihu] Smith, Mr- J. [John] Powell, Col0-
[Thomas] Lee, Maj. [Benjamin] Wait,* Mr- [Roswell] Post, Mr- C. [Cal-
vin] Parkhurst, and Mr- 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 Mr- Ward
2d. [William, of ISTewfane,] Mr- [Samuel] Bartlet, and Mr- [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 Honble 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. 14th 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 viz1-
In Council Feb*- 14th 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 Mr
Allen, Mr- Emmons, & Mr- Fassett.
Attest, Thomas Tolman Se&- P. Tern.
Adjourned to 9 °Clock Tomorrow.1
In Council Feb. 15th 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, Thos- 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.
Benja Whipple, Chairman."
The aforesaid Report was read and accepted and
Resolved, That Col0- Gideon Warren, Col0- Tho8- Lee and Mr- Ithamer
Hibbard in the West side of the Mountains, and Cap4- Abner Seelye, Benja-
Emmons Esqr- 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] recd- whereupon a Committee of two was appointed. Mem-
bers chosen Mr- Brownson and Mr 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 Febv 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 Mr 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, viz1-
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 Honble Benjamin Emmons Esqr-
and Major Joseph Tyler.2
Extract from the Joui nals, RosL- Hopkins, Clerk.
Read & approved in Council,
Thomas Tolman, Secy- P. Tern.
The following Resolution was also read viz4-
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,
viz4-
We the Subscribers being appointed by Mr- 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 Honble 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 Stiversant1 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
pr- acre, Purchased by Elias Wild & John Grove.
one Lot, the Property of the said Stiverstant N°- 5 3d 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 3d Range 300
acres — Purchased by Daniel Buggbe the 2d — Price 7 1 pr- acre.
one Lot the property of the aforesaid Stiverstant N°- 4 R 4, 300 acres
7 1 pr- acre — Purchaser William Cot'er.
one of White H. Hicks aforesaid N°- 4, 2d Range 300 acres price 6 1 6
— Purchased by D. Short.
one of Stiverstante N°- 2— 3d Range 300 acres price 6 1 6 pr- acre, Pur-
chased by Benjamin Hayward.
one of White Head Hicks aforesaid N°- 2, 5th Range 329 acres Price 7 1
pr- acre, Purchased by William Gallup.
Elnathan Walker 1 Lot 2d range White H. Hicks containing 193 acres
6 1 6 pr- 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
Mr- Allen, Mr- Fassett, Mr- Spooner and Mr Emmons.
Attest, Thos. Tolman, Sect/- P. Tern.
Council Adjourned until 9 Tomorrow morning.
February 17th 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 | pr- 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 sd- Committee, Members chosen Mr Brownson &
Mr Fletcher.
Adjourned to 9 "Clock Tomorrow.1
1 From the record of the Board of War:
In the Board of War, Windsor, Feb^ 19th 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 pr- 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 20th 1781.
In Council date above.
Met according to adj4-
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 pr- month and two Rations pr- day.
Resolved That dap1- John Strong ass4- C. P. Pay be Stated at Nine
pounds pr- 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 Cap4- Strong for ye 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 Coms-vs name from whom the
provisions are Received (but leave a Blank for ye purpose) in order that
when an Issuing Jommissary shall relieve him, the said Issuing Commis-
sary shall rec4- to him for the Quantity of such provision Returns, and
the said Issuing Commissary's Rec4- shall be a proper voucher to Cap4-
Strong in a Settlement of his acc4s- with Jos. Farnsworth Esqr- ComsJ
Gen1- of Purchases in a proper Channel of a Purchasing Comsy's accounts.
By order of ye Board.
Windsor 19th Feb>' 1781. In Board of War.
To Jos. Farnsworth Esqr- C. Gen1- of P.
In the Board of War, Windsor, Feb^- 22d 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 Reg4- raising for the defence
of this State, that Cap4- Abr111- Salisbury be appointed in his Stead. On
the refusal of Cap4- [Jesse] Sawyer, Cap4- John Stark be appointed. That
Cap4- Daniel Comstock be appointed in the place of Cap4- [Jonas] Galusha.
That Lieu4- [Charles] Dyer be appointed in the place of in Case Lieu4-
[Nath1] Holmes Refuses. That Lieu4- Coffin stand in nomination in
Case [of] a vacancy of a first Lieut., & insign [Timothy] Mills in Case
of a vacancy of 2d Lieut. That Cap4- Abner Seely and Cap4- [John]
Benjamin be appointed. Lieutenant [Shubal] Cross, Lieut. [Joshua]
Church, Lieut. [Samuel] Phipperen [in another entry, Phippen.]* That
Benjamin Burton be 3d 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, Thos 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 Mr- Fletcher and Mr
Brownson. Thos 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 viz1- 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, Thos- Tolman, Sec'v- pro Tern.
An Act repealing an Act for dividing the 4th Reg1- & forming a 7th
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 Col0- 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 Mr- Bowker and Mr- 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 Dilvd to Messrs- Spooner & Green they to be
accountable.
Resolved that the Treasurer be directed to Call upon such persons as
have recd- 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 22d: 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:
Col0- 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
0 6
0
8
1 4
0 11
0
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
Mr- Throop & Mr Emmons.
A Resolve of the General Assembly appointing the Honble Ira Allen
Esqr- & 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 Tim0- Durkee Jur- 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 22d February 1781.
To the Honhle 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, viz1- 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.
Benja Whipple, Chair*-
In General Assembly 22d Feb?-
The above report was read & accepted.
Attest, RosL- 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, 23d 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 Col0- Warner's Regiment, and Captain Lee's Company
was read, whereupon Mr- 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 Benja- 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 Esqr- & Capt. Joel Ely appeared & in the Presence of His
Excellency the Gov1-- Lt. Gov1-- & 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 Mr- Brownson was appointed a Com-
mittee to join sd- 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 M1'- 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, 23d- 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 Esq1'- & 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 Abr-
Jackson Esq1-- & associates to the Number of thirty be nine pounds pr-
Right & be paid the first day of June Next & to be Settled in three
years from the sd first da}r of June next which will be in the year 1784.
Attest, Thos- Tolman, tSecv- P. Tern.
State of Vermont, In General Assembly Feb?- 23d 1781.
Resolved that there be & hereby is Granted unto Joseph Bowker
Esq1*-' 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 viz1- 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 degs- 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 Esqr- & 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, RosL- Hopkins, Clerk.
Resolved that the Granting fees for the Tract of Land Granted to
Joseph Bowker Esqr- & 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 23d Feb. 1781.
Resolved that a Grant of Land be made to Col0- 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 Col0-
84 Governor and Council — March 1781.
"Williams & associates under such restrictions & reservations as they
may think proper.1
Extract from the Journals.
Attest, RosL- 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 0 0 pr- Right, Time of payment to be June 1st 1781 and Settlement
to be made on said Land within three years.
Attest, Thomas Tolman, Secy- P. Tern.
State of Vermont, In General Assembly 23d 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, RosL- 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 pr- 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 Majr- 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 deld- to Majr- 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 Rec1- shall answer on
Settlement with the Treasurer for Granting fees.
Thos- Chittenden.
Majr- 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 7tb- 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. Col0- Ira Allen & Major Joseph Fay is hereby appointed for the
above purpose.3
RECORD OF THE BOARD OF WAR.
In Board of War, Arlington, 8th March 1781.
Sir: — I am directed to request you to give your answer whether you
accept of your appointment as Captn- in the Reg*- of Rangers ord- to be
raised. Your answer is Expected in half an Hour or it will be taken
in the negative.
To Cap1- J. Sawyer.*
Whereas a number of the officers appointed by this Board on the 9th
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.
1st Lieut.— George Saxton.
2d do. — Thomas Rowley, Junr-
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 CaptD
General ord- 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 Sam1 Phippen 1st Lieut.
Benja Wait Majr- Feby 10,h-
Beriah Green 1st Lieut. Feb? 10th-
Willis Hall 1st Lieut. Feby 10th-
Abner Seely Cap4- do. do.
James Smally lBt Lieut, do. do.
Shubal Cross 2d Lieut, do. do.
John Benjamin Capt. do. do.
Nehemian Lovel Capt. do. do.
Joshua Church 2d Lieut, do. do.
[In] Board of War. »
Debenture of the Board of War, Arlington, March 8th 1781.
Present — Hon. Timothy Brownson Esqr- 1 day 4 miles
travil, £0 8 4
1781 Aug. 6th- Recd- 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, 0 18 8
Samuel Robinson Esq. 1 day 14 miles travil, 0 11 8
[Received,] Samuel Robinson.
John Fassett [jr.] Esq. 1 day 1 mile travil 0 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, 4th April 1781.
This day his Excellency the Governor & the following Members of the
Honble Council met according to Adjournment, viz1- the Honble 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 Honble Paul
Spooner, Benjamin Emmons & Samuel Fletcher Esquires joined in
Council, also Honblc John Throop Esq1-
Adjd 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 Honble 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 Esqr- 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 7th April 1781.
Met according to Adjournment.
Abraham Ives Esqr- 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 Esqr- & 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 Regts> as follows, viz.
Capt. Lieut. Non's & Priv.
1st Reg*- in the 2d Brigade, 1 3 90
4* do. do. do. 1 2 68
1st Regt. ip the 3d Brigade east of the River, 0 2 43
2d do. do. .10 47
3d 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 Brigadr- Generals for each Brigade. The ballots being taken,
General Ethan Allen for the first,
Gen1- Benja- Bellows for the second, and
Col0- 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 10th 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 ApL 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,
Col0- Tim0- Bedle and Capt. Eben1- 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,] Esqr- & 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 30th 1780," and
" Feby- 2d 1781," signed " Bev. Robinson Col0- Loy1- American Reg*- " and
directed to " Col0- 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 " Sam1- Huntington Esq1"- 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 Gen1- 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 Mr 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 13th 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 Dunmore1 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 Mr- 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 15th 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 pr- 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*- Mr
[Elisha] Payne, Mr [Gideon] Ormsby, Mr- [Nathaniel S.] Prentice. Mr
[Bezaleel] Woodward, Mr- [Stephen] Pearl, Mr- [William] Page &' Mr-
[Benjamin] Giles to Confer with the Governor & Council relative to
appointing officers boath Civil & Military on the East side of the
[Connecticut] River1 —
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 Mr- Payne, Mr-
Ormsby, Mr- Prentice, Mr Woodward, Mr- Pearl, Mr Page and Mr- 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 27th 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.] Esqr join a Committee from the
House to Make a Depreciation Scale.
Thomas Russel Esqr- [of Piermont, N. H.] is hereby appointed for
the time being, an assistant Judge in and for the County of Orange in
Lieu of Col0- 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 viz4-
Elisha Payne Esqr» [of Lebanon, N. H.,] Chief Judge.
Joseph Marsh Esqr- Benjamin Emmons Esqr- Beza Woodward Esqr-»
[of Dresden, now Hanover, N. H.,] & John Weld Esqr-> 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 Esqr- be & he is hereby appointed
Judge of Probate for the district of Dresden for the time being.
Windsor 16th 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 sd- Remonstrance
which passed in the Negative.
Adjourned to 8 °Clock Tomorrow.1
Tuesday, In Council, Windsor 17th 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, Nath1- Rogers of Moristown [Franconia, N. H.,] & Nath1-
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 Esqr- 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, viz1-
His Excellency Thomas Chittenden Esqr- Govr- 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 county8 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 & Col0- 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 17th 1781.
The Board of War met: Present, Joseph Bowker, John Fassett, [jr.,]
Thos- Murdock, Benjamin Emonds, Timothy Bedel, Ebenr Brewster,1
& Ira Allen.
Timothy Bedel & Ebenr- Brewster being Elected were sworn to the
faithful discharge of their Trust.
Joseph Bowker Esqr- 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 Cap1- 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 Majr- B. Wait be and he is hereby requested to call on
the officers in the Two South Comp^8 ord 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 Majr-
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 Col0- Fletcher's Reg4- 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 Majr- 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 Majr- 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 ord 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 Col0- Fletcher, That
the north Company join Majr- 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 Col0- 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 Majr-
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 Cap4- 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 Col0- Fletchers Regiment of In-
fantry.
Resolved that the several Brigadier Genls- in this State be and they are
hereby directed to call on the officers Commanding Regts- 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. Gen18- Compile such Reg4- returns into a Brigade
[return] & transmit one [copy] to the Cap4- Gen1- & 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 0
'[Received] Joseph Bowker.
Ira Allen one day, 0 7 0
Benj. Emmons Esq. one day, 0 7 0
John Fassett, [jr.,] Esq. one day, 0 7 0
[Received] John Fassett. Jr.
Timothy Bedle two days, 0 14 0
[Received] Timothy Bedel,
Thomas Murdock Esq. two days, 0 14 0
Ebenezer Brewster Esq. three days, ) 17 8
twenty miles travil, >
[Received] Ebenezer Brewster.
In Board of War, Arlington, Ap1- 25th 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 Col0- 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 Reg4- of infantry.
Resolved, that this Board do hereby recommend to his Excellency
Tho8- Chittenden Esqr- That he order all the officers and soldiers in Col0-
Fletcher's Regiment of Infantry that are to join Col0- Fletcher's com-
mand on the West side of the Mountain & the three Companies East of
Connecticut [river] that are to march to join Col0- Fletcher, that they
march as soon as may be.
Resolved to & do Hereby Recommend to the Cap1- Gen1- 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 26th 1781.
Present — Hon1 Timothy Brownson, Esq. President £0 8 4
one day 4 miles travil [RecdJ Timothy Brownson.
Joseph Bowker Esq. 1 day 45 miles travil 1 1 10
Ira Allen Esq. one day 4 miles travil 0 8 4
Gideon Warren Esq. one day 35 miles travil 0 18 8
[Reed. J Gideon Warren.
Samuel Robinson Esq. one day 15 miles travil 0 12 0
[Reed.] Samuel Robinson.
John Fasset Esq. one day 1 mile travil 0 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 7th 1781.
Timothy Bedel one day
40 miles travil
£0 7
0 13
0
4
1 0
0 14
1
4
0
0 15
0 14
0
0
Thomas Moordock [Murdock] two days
3 miles travil
[Reed.] Thomas Moordock.
Ebenezer Brewster two days
Recd 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 0
[Recd.] in full Joseph Bowker.
Thos. Moordock Esq. three days 78 miles travil £2 7 0
[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.
Ebenr- Brewster Esq. three days 76 miles travil £2 6 4
Recd pr Ebenr Brewster.
Joseph Tyler Esq. three days1 £1 12 0
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 Esqr- L1 Govr- and the following Members of the
Honble Council viz*. — Hon. Jonas Fay, Moses Robinson, Timothy Brown-
son, Ira Allen, John Fassett [jr.,] Paul Spooner, John Throop, Benja-
min Emmons, Jeremiah Clark Esqr- Thomas Chandler Junr- Joseph
Fay, Secv-
Whereas complaint has this day been Exhibited to this Council by
Thomas Porter Esqr- & 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 13th June Your
Complainants have recd a forty shilling bill of Mr- Martin1 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 Esqr- 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 13th 1781.
Sworn before me date above, Moses Robinson, Assistant.2
State of Vermont, Bennington June 13th 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 Esqr- 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 Esqrs- 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.
pr order, Joseph Fay, &e&-
Westminster 15th 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 Esqr- & cause them to be brought forthwith
before this Council to answer a Complaint this day Exhibited by
Thomas Porter Esqr- & Col0- 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 VEBMOOT.|C^eilcS:r)?rJtT178i!n
To Sergeant Rums Branch or Mr- 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.
Pr Stephen Hopkins.
Bennington, June 15th 1781.1
Mr- 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
Esqrs- Assists- 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 Col0- Robert Johnson who is Elected Sheriff in &
for the County of Orange within this State as principal, Cap1- Luther
Richardson & Col0- 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.
Mr- 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 Esqr- 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.
lA 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 Doctr- 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 viz1-
State of Vermont. In General Assembly June 19 1781. •
Resolved that Col0- Ira Allen be & he is hereby appointed Trustee of
Loan Office for this State.
Extract from the Journals, Roswell Hopkins, Clerk.
Resolved that Mr- 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 Govr- 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.] Esqr- 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 Esqrs- 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 Esqr- 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 20th 1781.
The votes being called for a Brigadier General of the first Brigade,
Col0- Samuel Safford was Elected.
The votes being called for a Brigadier Gen1- 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 21st- [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 Mr- Prentice, Mr- Whipple and Mr-
[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 Esq1-- 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, Thos- Tolman, D. Secv-
Council Adjourned until Tomorrow Morning 8 °Clock.
Saturday June 23d 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 25th 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 Honble 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 Col0- Fletcher shall direct. 2d- 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 Col0- 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 Hon8-
Your very humble servants,
Roger Enos,
Samuel Fletcher,
Samuel Herrick,
Gideon Armsbury [Ormsby.]
State of Vermont. In General Assembly June 23d 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 Mr- E. Smith, Mr- B. Whipple and Mr 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 Assembl3r 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 Doetr- 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 Col0- H. E. Lutterloh and associates,
and Report — The members chosen Mr- Strong [John of Dorset,] Mr
[William] Page, Mr [Edward] Harris, Mr [Isaac] Wyman, and Mr-
[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 3d 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 28th 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 29th 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
JGen. 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 Col0- 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 Col0- 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 29th 1781.
Major Moordock 2 days £0 14 0
[Rgcd] Thomas Moordock.
Samuel Robinson 2 days 0 14 0
[Recd] 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 0 15 4
" one " at 7 shillings— 4 " " 0 8 4
" three " at 7 shillings— 4 " " 12 4
" U " at 7 shillings— 4 " " 0 11 10
£4 0 2
Pay Table Office Sept. 5th 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. 6th 1781.
Received of Ira Allen Esq. Treasurer the contents of the above being
four Pounds two pence Lawful money.
£4 0 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.
Ebr- 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 Thos- Chittenden Esq. and the following mem-
bers of the Honorable Council, viz'-
Moses Robinson, Ira Allen &
Timothy Brownson, Thomas Chandler Jr. Esq1"-
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 Mr- Robinson, Mr- Brownson, Mr- Chandler, Mr- Spooner
and Mr- Allen.
Adjourned to 8 °Clock Tomorrow.
Friday 12th 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 viz1- —
Hi's Excellency Thomas Chittenden Esqr- Govr-
Deputy Governor not chosen by the Votes of the Freemen.
Honble 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.
Honble Jonas Fay, Samuel Fletcher,
Paul Spooner, Bezaleel Woodward,
Moses Robinson, John Throop,
John Fassett Junr- Benjamin Emmons,
Ira Allen, Peter Olcott,
Joseph Bowker, Timothy Brownson1 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 Esq1-- 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 Gen1 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 Esq1"- chief Judge.
Moses Robinson, "]
John Fassett, Jr. ( Side
Beza. Woodward & [Judges.*
Joseph Caldwell Esqr-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 Esqr- 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 Doctr- Page.
Council met according to Adjournment.
Voted Mr Robinson and Mr- 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 Mr Woodward and Mr Olcott to join a Committee from the
House to Consider Col0- 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 viz1-
Joseph Bowker, Ira Allen,
Timothy Brownson, Benjamin Emmons,
Paul Spooner, John Fassett Junr-
Moses Robinson, Samuel Fletcher,
Jonas Fay, John Throop &
Peter Olcott, Beza. Woodward Esqr8-
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 Mr- Olcott & Mr- 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 Mr- Brownson & Mr- Spooner join a Committee of the
House to Concert measures for Supplying the Army.
Voted that Mr- Allen Wait on the House with two letters recd 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* —
Honble Timothy Brownson Esqr- Isaac Wyman Esq1--
Benjamin Emmons Esqr- Thomas Murdock Esqr-
Ira Allen Esqr- John Fassett [jr.] Esqr-
Roger Enos Esq1-- Joseph Bowker Esqr-' Members
Joseph Caldwell Esqr- of the Board of War.
Honble Timothy Brownson EsqrO
Isaac Tichenor Esqr- and > Committee Pay Table*
Nathaniel Brush Esqr- )
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 Esqr- in the Chair, Honble Beza.
Woodward Esq1"- Clerk.
Having heard the report of said Agents the Committee Adjourned to
2 °Clock Afternoon.
Council met according to Adjournment.
The Honble Benjamin Emmons took his Seat in Council having taken
the Necessary Oaths required by Law.
Agreeable to Adjournment the Gov1-- & 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 Mr- Allen and Mr 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 Mr- Bowker and Mr- 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 recd 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 Mr- 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 Mr- 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, RosL Hopkins, Clerk.
Council Adjourned to meet in one hour at Doctr Pages.
Met according to adjournment and Adjourned to 9 °Clock Tomorrow
Morning.
Friday 19th 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 Honble John Throop Esqr- attended Council & took his seat after
taking the necessary qualifications required by Law.
The Honble 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 Honble 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 Honble Benjamin Emmons &
Paul Spooner Esquires until Tuesday next.
Whereas the Warrants ordered by the Council held at Arlington on
the 27 day of September last1 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 Honble John Fassett [jr.] Esqr- Attended.
Adjourned to Monday 9 °Clock.
Monday October 22d 1781.
Met according to Adjournment.
The Honble 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 Honble John Fassett [jr.] Esq1-- was duly qualified as Councillor.
xNo 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 recd. Bead and returned to the House.
Adjourned until 9 oClock Tomorrow morning.
Tuesday 23d October 1781.
Met according to Adjournment.
State of Yermont. In General Assembly 22d 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 Honble 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 Col0- Caldwell who declines serving : the Ballots being taken
Jonas Fay Esquire was Elected.
Adjourned to 9 oClock Tomorrow Morning.
Wednesday 24 October 1781.
The Honble 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 HonbIe Jonas Fay Esqr- was appointed to join a Committee from
the Assembly to take into Consideration the petition of Col0- Samuel
Fairbanks.2
1Mooretown, now Bradford. This town was originally ulaid 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
Govr- of New York to Sir Henry Moore's heirs, whose agent, William
Smith Esq1- of New York, in said Heirs behalf, conveyed to Samuel
Sleeper Esqr- 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, Esq1-- 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 25th 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 Esq1'- 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 Col0- Wm- Barton viz1 —
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 Col0- 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 sd Town-
ship free of all expence.
Extract from the Journals, RosL 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 Honble 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 Honble Timothy Brown-
son, John Fassett [jr.] Esqrs- 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-
Honble 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 Honble
Beza. Woodward Esq1-- who declines serving. Attendance was accord-
ingly Given and the Ballots being taken the Honble 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 Honble 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.
xThe 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 Honble Israel Smith
Esqr- 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 Honble Peter Olcott Esq1-- 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 Esqr- &
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 Esqr- 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 Esq1- Judge of Probate
for the district of Westminster.
Resolved that the Treasurer be and he is hereby directed to pay unto
Edward Harriss Esqr- 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 Honble 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, RosL 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 Decd- was read and Concurred.
An Act empowering Mary Whipple to sell part of the Real Estate of
Daniel Whipple Esq1-- Decd- was read & Concurred.
An Act to empower the Sale of the Real Estate of Jorden Blaklee
Decd- 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, Mr 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, Pr- Thomas Tolman, D. Secy-
State of Vermont. In General Assembly October 26 1781.
Resolved that there be and hereby is Granted unto Nathan Fisk Esqr-
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, RosL Hopkins, Clerk.
Copy, Attest, Thomas Tolman, B. Secy-
State of Vermont. In General Assembly 26 Octr- 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
Woodbridge1 and Company, and unto Mr- Joseph Jones2 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, RosL Hopkins, Clerk.
Attest, Thomas Tolman, D. Secy
In Council Feb? 8 1782.4
Resolved that the Proprietors of the Township Granted to Major
Woodbridge, Mr 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 Shalloon5 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,] Thos- 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 3d 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 3d 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 Cap1- Gen1 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 Honble 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.
Feby 9 1782.
Voted that Honble Joseph Bowker Esqr- to be one of the above Com-
mittee in Lieu of John Throop Esqr-
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 20th 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 Col0- Payne be and is hereby requested to inform this
House whether he will accept of his Election to the office of Deputy
Govr- of this State.
Col0- Payne informed the House that he would accept that office.
Resolved that his honor the Deputy Govr- 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.
xThis 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 Novr- 1781.
An order was Issued to the Treasurer to pay Mr- Samuel Sherman
Postrider the sum of £10. 10. 0 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 Col0- 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 Col0-
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 Honble Elisha Payne, Jonas Fay and Ira Allen Es-
quires & .^bel Curtis4 Esqr- be and they are hereby appointed Agents to
repair to the Honble 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 11th 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. pr 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 Esqr- General Ethan Allen, John Fassett [jr.] Esquire and
Col0- 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, Jos 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* —
Hon1 Joseph Bowker, John Eassett,
Timothy Brownson, Sam1 Fletcher &
Moses Robinson, Benja- 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 7th February 1782.
Sir — You are hereby directed to pay to His Excellency Thomas Chit-
tenden Esqr- four hundred pounds L. Money in silver for his Salary
Granted him by the Vermont Assembly for the years 1780 and 1781.
Pr Order of Council, Jos. Fay, Secy-
Ira Allen Esqr- 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 Mr- 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 Junr- & Mr Pattridge 2 who Claim to be Asso-
ciated with Mr- 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 — Mr- Lyman appearing and
Messrs- 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 Junr- and Mr- Patridge did not choose to be Adventurers with
Mr 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 recd 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 recd and read appointing a Committee to
arrange the present business of this Session, Resolved that the Honble
Moses Robinson Esqr- 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 —
1st- To call upon his Excellency the Govr- 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.
2d- To call upon the Commissrs 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 Mr- Nubal Cross,1 for the Obligations said Cross has
Against said Hyde and his constituents for said Lands, at the request of
Mr- Cross.
Your Committee further report that Paul Spooner Esq1'- have his name
inserted in the Grant of the Township of Brookfield in the room of
Noah or John Payne 3d he engaging to convey a deed to John Payne 3d
if it shall appear on trial that the whole of said right properly belongs
to him, or said Payne 3d 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 3d 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 Commissrs to be appointed by New-York and New-Hampshire rel-
ative to the boundary lines of this State to make their Report.
3d- To call upon the Committee for Revising the Laws.
4th- To call upon the Auditors of accounts for their Report.
5th- To adopt proper measures for the defence of this State against
the common Enemy, &c.
6th- That the Surveyor Gen1- 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.
7th- To call upon the Treasurer to give an account of what paper
money has been received into the Treasury since Octr- last and how it
has been disposed of.
8th- To lay before the Honble the Cont1- 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.
9th- That a proper Check be put upon the Treasurer to enable the
Auditors to adjust his accounts.
10th- To make provision for the payment of the Soldiers in the State's
service in the last Campaign.
11th- To take under consideration the paper currency.
12th- 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 sd 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 12th 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 Esqr
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 Honble
Samuel Fletcher Esqr- was elected who declined serving in that office,
whereupon the House [joint assembly] agreed to postpone the further
Election for the present. Col0- 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 Honble 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 Esqr- 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 Honbls 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 recd & read a number of bills which was sent back to the
house for Explanation,3
Adjourned to 2 oClock P. M. to meet at Majr Joseph Fays.
Met According to Adjournment.
Voted the Honb,e Moses Robinson Esquire to join a Committee from
the House to consider the petition of Mr- 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 Honble Moses Robinson Esqr- 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 Col0- [Jonathan] groute relative to gilhall and granby at the
assembly of Vermont holden at benington Expence 5 weeks myself
and hors 18—0 — 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 Honble Joseph Bowker Esq1-- 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 Honblc 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
Honble 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 f0°0 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.
xCapt. 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 Sam1 Fletcher Esq1-- 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 18th 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 8th 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, Sec1J-
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 Honble Benja-
min Emmons Esqr- to join said Committee.
Adjourned to 9 °Clock Tomorrow Morning.
Tuesday, 19th February 1782.
Council Met according to Adjournment
And Agreable to the order of the day, His Excellency the Governor,
the Honble Council & General Assembly resolved themselves into a
Committee of the whole to take into Consideration the several Letters
recd 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] Swift1 Commanding a Conti-
nental Regiment, directed to Brigadier General Samuel Safford, dated
February 12th 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 Honble 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 Esqr- join said Committee.2
Adjourned to 9 oClock Tomorrow Morning.
In Council Friday 22d 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 recd on account of their Alliance with
this State. The Honble Joseph Bowker and Moses Robinson Esqr- 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 parts3 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
Honble Moses Robinson, Paul Spooner Esquires and Isaac Tichenor
Esq1*- 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 23d 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 Honble 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 23d 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 sd Bald-
win. Extract from the Minutes, RosL 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 Mr Brakenridge relating to John McNiel re-
turning to this State,
Resolved that Mr 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 recd 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, RosL 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 honble the
" Gen1- 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. Col0-
" Comdt- one Majr- 8 Captains and 16 Subalterns, that they continue in
" service till the 15* day of Dec1-- 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 Octr- 1781
" — that the Gen1- Assembly appoint some suitable person to repair im-
u mediately to Maj1'- Gen1- 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. Jonth- 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 Govr- and
Council be an/1 they are hereby requested to write to Gen1- 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— and bring in a nomination of such officers to be appointed — except
the Field officers which are to be appointed by ballot. The members
chosen Mr- [Matthew] Lyon, Mr. [Gideon] Olin, Mr- [Benjamin] Whipple,
Mr- [Samuel] Mattocks, Mr- [John] Sargent, Mr- [Zadock] Granger, Mr
[Elisha] Burton, Mr- [Thomas] Chandler, [jr.] Mr- [Gideon] Ormsbee &
Mr- [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 Majr-, one
quarter Master Serg1-, 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 Honble Joseph Bowker, Samuel Fletcher & Benjamin
Emmons Esquires join said Committee.
Eesolved that the Honble 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 Honble 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. Nath1- White.
Lieut. Jonas Royce,
Your Committee would further report that they have not attempted to
rank the Companies. Joseph Bowkek for the Comtee-
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 Esqr- [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 Esqr- 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 Mr- 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
Gen1 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
Mr 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.
aThe 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
Honble Benja- Emmons Esqr-
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 Esqr- 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 Col0- Wm- 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 Honble 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 Esqr- 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 Honble John
Fassett Esqr- & Moses Robinson Esqr- 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 HonbIe 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 Honble 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 Revd- Jonathan Edwards, Mr [William] Samuel Johnson, Charles
Chauncey Esquires & Company3 being sixty five in number, pay for
1 Vermonters recaptured from the British.
2 From the Assembly Journal, Feb. 27 1782:
Resolved that Mr- Ward Bayley be and is hereby appointed a
Lieutenant to command the troops to be raised in the upper Cohoss and
his Excellency the Govr- 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 pr- 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 Comtee that [Lieut.] Gov-
ernor Paine [Payne] have £8 on account of the order he has on the
Treasury — Gen1- Enos £6 on his like order — Mr- Spooner £8 on his like
order, Mr- Townshend [Secretary of State,] £6 on his like order.
M. Lyon, for the Comtee-
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 Col0- John Barret, Benjamin Burt, and John Sessions
Esq1"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.
li2
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 7th March 1782. J"
The Council met according to Adjournment at which time intelligence
was recd of the arrival of the Honble Jonas Fay& Ira Allen Esqrs- 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 Canfield2 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 Esqr- 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 Esqr- Com5?
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 7th 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 remainder1 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 13th 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 13th 1782 (Thursday.)
Agreable to an Adjournment in February last, The Council met at this
Place— (at Mr- Hawley's.)
Present— His Excels Thos- Chittenden Esqr- Governor. Members —
The Honble Ira Allen & Sam1- Fletcher Esqrs- Thos- Tolman Dep. Sec^
Benja- Wait Esqr- 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 14th 1782.
Council met according to Adjournment. Present His Excels the
Governor. — Members present — The Hon. Ira Allen, Sam1- Fletcher, John
Throop, Benja- Emmons, Esqrs-
The Hon. Paul Spooner Esqr- attended the Board. Not being a Quo-
rum to transact Business, adjourned 'till Tomorrow Morning at 8 °'thClock
— Then to meet at this Place.
Saturday, June 15th 1782.
Council met according to adjournment. — Present His Excellency the
Governor. Members — The Hon. Jonas Fay, Ira Allen, John Fasset
JunT-, Sam1- Fletcher, John Throop, & Benja" Emmons Esqrs-
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 Thos- Tolman D. Sec^ by order of His Excel-
lency to Governor Clinton Dated Apr1- 15th 1782. Copy of a Letter from
His Excels to General Washington Dated Mar. 16th 1782. Copy of a
Letter from His Excels to Oliver Wolcott Esqr- d°- Letter from Bar-
zilla Rice to Jona- Hunt Esqr dated May 14th 1782.1 Letter of May 15th
from Jona- Hunt Esqr to His Excels the Governor. Letter of May 16th
from Jn°- Shepardson Esqr to His Excellv. Letter of May 23d from
Wm- Biggelow2 to His Excels the Governor. Copy of a Letter from
His Excels the Gov- to Majr- Shepardson Dated May 23d 1782. Copy of
a Letter from His Excels to Jona Hunt Esqr Sheriff Dated May 22d
1782. Copy of a Letter from His Excels to Stephen R. Bradley Esqr
Dated d°- Copy of a Letter from His Excels to Gen1. Fletcher, Dated
d°- Copy of a Letter to Jotham Biggelow, Dan1- 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 Honble Paul Spooner Esqr 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 Col0- 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, Junr- Esqr-
Upon an application to this Council by Mr Benja- Jacobs of Salem in
the Common Wealth of Massachusetts, producing a Letter directed from
the Comsy of Prisoners at Boston to the Commissi Gen1 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 otheClock afternoon, to meet at this place.
Met according to adjournment.
Jonas Fay Esqr- 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 Honble Moses Robinson Esq1-- 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 1st 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 sd Committee. Members
chosen, Moses Robinson & Samuel Fletcher Esqrs-
A Resolution of Assembly appointing a Commtee of five to take under
Consideration the 4th 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
Junr & Ira Allen Esq"5-
Council adjourned till Monday next at 9 otheClock in the Morning.
Then to meet at this place.
Monday, June 17th 1782.
Council met according to Adjournment — Present His Excels. Mem-
bers— The Honble Ira Allen, Jonas Fay, Moses Robinson, & John Fasset
Junr- Esqrs.
The Honble 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 Esq1-- 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 othClock — Then to meet
1 Erom the Assembly Journal :
The following are the proceedings of the Grand Committee viz —
" Windsor, June 17th 1782.
" His Excellency the Governor and Council having joined the Assem-
bly in a Committee of the whole to hear the report of the honble Jonas
Fay and Ira Allen Esqrs- and Abel Curtiss Esqr- and of the honble Moses
Robinson, Jonas Fay and Paul Spooner Esqrs- and Isaac Tichenor Esqr-
late agents to Congress — His Excellency in the Chair — Micah Town-
shend Esqr- Clerk —
1st- A Resolution of the Governor and Council appointing the Honble
Elisha Payne, Jonas Fay and Ira Allen Esqrs- and Abel Curtiss Esqr-
Agents to Congress dated Jany- 10th 1782 was read.
2d- A Letter from Messrs- Fay and Allen to the President of Congress
dated 30th Jany- 1782— read.
3d- A Letter from the honble Sam1- Livermore Chairman of a Commit-
tee of Congress to Messrs- Allen & Fay dated Feb>- 1st — read.
4th- A Letter from Messrs- Fay & Allen to Mr Livermore Chairman
&c. dated 5th- Feb?- 1782— read.
5th- A paper delivered by Mess1-8- Fay & Allen to a Comtee of Congress
on the 6th- Feby- — read.
6th- A Memorial delivered by Messrs- Fay, Allen & Curtis to the Com-
mittee of Congress dated 7th- Feby- 1782— read.
7th- Written observations delivered by Messrs- Fay, Allen and Curtis
to the Committee of Congress dated 12th- Feby- 1782— read.
8th- A letter to the President of Congress from Messrs- Fay, Allen and
Curtis dated 13th- Feb?- 1782— read.
9th- A letter from the same persons to the President of Congress dated
16th- Feby- 1782— read.
10th- Another Letter from the same persons to the President dated
21rt- Feby- 1782— read.
In the Report of the honble Moses Robinson, Jonas Fay and Paul
Spooner Esqrs- and Isaac Tichenor Esqr- the following papers were read
viz —
1st- A commission under the signature of his Excellency the Gover-
nor appointing the persons above mentioned Agents and Delegates to
Congress, dated 13th- March 1782.
2d- 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 18th 1782.
Met according to adjournment.
Present His Excellency the Governor. Members — Ira Allen, Sam1-
Fletcher, Jonas Fay, John Fasset Juur- 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 Mr- Fletcher and Mr Emmons.1
Resolved that Mr- 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 L1 David
Hitchcock praying for the Grant of a Gore of Land adjoining Athens.
A Letter of June 10th 1782 from Cap4- Robert Pattison requesting to
resign — was rec'd and read.
A Letter of the same Date was rec'd from L* Thos- Taggart and read,
purporting the same request.
Adjourned 'till Tomorrow Morning 8othClock, then to meet at this
place.
Wednesday June 19th 1782.
Council met according to Adjournment.
Present His Excellency the Governor. — Members — Ira Allen, Sam1-
Fletcher, Benj:a Emmons, & Moses Robinson Esq1"8-
Resolved that Mr- 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 Mr- 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 Mr- 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 othClock — then to meet at this
place.
Thursday June 20th 1782.
Council met according to Adjournment.
Present His Excellency the Governor. Members — Jonas Fay, Ira
Allen, Sam1 Fletcher, John Fasset Junr- John Throop, Benja- Emmons,
Moses Robinson Esqrs-
*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 20th 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 Junr. 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 sd 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 Law1 Money, it being in full of a Ballance due
the sd 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 8othClock then to meet at this
Place.1
Friday June 21st 1782.
Met according to adjournment. Present His Excellency the Governor.
Members — Ira Allen, Sam1 Fletcher, Jonas Fay, John Fasset junr> John
Throop, Benja- Emmons, Paul Spooner & Moses Robinson Esqrs-
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 20th 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 Honble Paul Spooner Esqr- requested Liberty to resign his Office
of Judge of Probate for the District of Hartford, whereupon
Resolved that Elias Wild Esqr- be and he is hereby appointed Judge of
Probate within and for the District of Hartford, in the Room of the
Honble Paul Spooner Esqr- 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 Honble 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, uhe 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 25th 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 Oct1- 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 29th- 1782.
State of Vermont. In Council Manchester Aug*- 29th 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 22d 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 Mr Elias Gilberts in Manchester, August
29th 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 Col0- Ebenr Walbridge's Regiment, and 100
within Col0- 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. Gen1 Ethan Allen, to take the command of the
said Vollunteers.
Resolved, that the Honblc Jonas Fay Esqr- be, and he is hereby ap-
pointed Judge of Probate for the District of Bennington, in the Room
of Col0- NathL 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 Esqr 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 Brigr 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 29th 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, Cap1- General.
By His Excellency's Command,
Tnos 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 25th 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 Honble Timothy Brownson & Jeremiah Clark Esquires joined the
Council.
Resolved that the Honble 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 Esqr- be and hereby is appointed in lieu
of Ira Allen Esqr- 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 Col0- War-
ren. Joseph Fay, Secy-
Adjourned without day.
Bennington 30th 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*- Hble 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. 1st By their express and direct
act for that purpose. 2nd By their acquiescence in the measures taken
by the State for an establishment of such government. 3d 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 ye 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
lNew 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
1st- 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 ye 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, note2.
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 27th, 1779. ) Peter Olcott I |
Jona Chase I
Beza Woodward J cS
Joseph Marsh to the Committee of Congress.
Lebanon on the New Hampsr grants )
July 27th 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 ye 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 ye 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.
Honble Committee of Congress.
Gov. Chittenden to Congress, Aug. 5 1779. 175
In Congress Friday, July 2, 1779. *
A letter of the 1st, 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 5th 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 16th 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.
1st- Because it appears to be counter to the resolution of the first of
June aforesaid.
2d- Because it enters into the merits of the controversy subsisting
previous to the report of said Committee, And
3d- 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 Messr-
Allen & Fay (Agents for this State) to your honble 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 16th 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 Col0- 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 29th 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,
Thos- Chittenden.
The Honble Congress etc.
Jonas Fay and Paul Spooner to Congress.1
Philadelphia Aug. 20th 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 Honble 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. MeKean, 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 Vermont4) 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 1st either unpatented and unoccupied or 2dly unpatented and
actually occupied or 3dl^ Patented by New Hampshire or Massachusetts
Bay and not afterward patented by New York or 4thly 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 Commisrs- 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 9th 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 resolutions2 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 16th 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 Gen1- E.
Allen, Mr [Reuben] Jones, Mr- N. [Nathan] Clark, and Mr Fassett,
[John, jr., of Arlington.1]
Tuesday October 19th 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 24th Septr- 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 20th 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 honble the Congress of the 24th 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 Esqr- 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."
xThe 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 22d- 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 Esqr- and the honorable
Moses Robinson Esqr-
Saturday October 23d- 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.
xSee 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.
lLife 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 states1 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 24th 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 J2 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 24th 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 2Earl of Sandwich in Slade. 3Wm. 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 17th 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 47th and 48th pages1 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 wras therefore
absolute and while this power remained in being, the last ro}7al 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 4th day of July 1776 to the 15th 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 Esqr* 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 23d
" 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 12th 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 22d 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 8th
of January 1772 wholly renounced their claim to the premises: " It is
"considered that by his Majesty's order in Council of the 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
" 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 wrest
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 Esqr-
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 24th 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. 4See 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 24th 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 servte-
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 24th 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? 1st 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. 1st 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- 5th 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. 17th 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 NewT-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 last1 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 24th 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 ye 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 Sam1- 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 proposition1 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 30th 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
lJ¥. 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 31st 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 20th ult. will be brought to the view of Congress when the
1iV. 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, 12th 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 Sam1- 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 16th August, 1780.
Thos- Chittenden.
By his Excellency's Command,
Joseph Fay, Sec. State.
[Endorsed]
Commission of Ira Allen & Stephen R. Bradley,
August 16th 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. 15th 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 30th 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, 12th 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 12th 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. 4Same, p. 145.
5N. 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 Sam1 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 letter2 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 ours4) 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 uput 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
lAnte, 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 12th 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 13th 1781. Read & concurred.
M. Weare, PresL
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 uto 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
xTrue 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 thejr 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,
uas 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.
xThe 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 ain 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?- 8th 1781.
A letter signed "Elisha Payne Chairman" of the Convention [the
adjourned Charlestown Convention then sitting at Cornish,] directed to
the "Honble Thomas Porter Esq1-- 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?- 16th 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 Comtee 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^- 12th 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 Thos- Chittenden Esqr- 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
honhle 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 19th day of
July 1777, by a letter signed "Meshech Weare President" directed to
"Ira Allen Esq1'- 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*- 22d- 1778 signed "Meshech Weare President of the Council
of New Hampshire" directed uTo the honble- Thos- Chittenden Esqr-"
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 —
uTo the konble the Gen1- Assembly of the State of Vermont now sitting in
" Windsor."
"The Committee appointed by the Convention holden at Charlestown
"the 16th 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?- 10th 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 stating1 —
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 22d Novr- 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^- 14th- 1781.
In Committee of the whole, Feb? 14th 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 Mr- Harris [Edward of Halifax,] Mr- Strong [Col.
John of Dorset,] Mr Pearl [Col. Stephen of Rupert,] Mr- Walbridge
[Col. Ebenezer of Bennington,] and Mr Murdock [Major Thomas of
Norwich.] 2
In General Assembly, Feb^- 15th- 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 Mr Walbridge, Mr- A. Robinson
[Amos of Hartford,] and Mr- 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^- 16th- 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 Doctr- 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.
Pr order, Tim0- Brownson, Chm-
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 Mr- Walbridge and Mr- 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 Col0- Strong, Mr- E. Smith, M>
Walbridge, Mr- S. Robinson [Samuel of Bennington,] Mr- Murdock, Mr-
Webb, Mr- M. Powell [Martin of Manchester,] Mr- Harris, and Mr- 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- 22d- 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 Mr Bartlet [Capt. Samuel of Sunderland,] Mr- Pearl and Mr-
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^- 23d- 1781.
Resolved that Ezra Styles [Stiles] Esqr- 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 Esqr-
of Manchester in the County of Bennington, Sol0- Bingham Esqr- of
Tinmouth in the County of Rutland, Briant Brown Esqr- of Windsor in
the County of Windsor, Tim0- Bartholomew Esqr- of Thetford in the
County of Orange and Nath1- Robinson Esq1-- 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 5th- 1781.
The following was delivered the Speaker by the Committee appointed
for that purpose, viz.
"In Convention at Cornish, Thursday, April 5th- 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,
Col0* Payne, Mr- Woodward and Doct. Page. — Extract from the Minutes.
uBeza. 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, Mr-
Walbridge, Mr- [Stephen R.] Bradley and Mr- Lyon.
Friday April 6th 1781.1
Mr- 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 Mr Bradley, [Stephen R., who took his seat for Westminster at
this session,] Mr Walbridge and Mr- [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. Sam1- King, Chesterfield ; Mr-
Absalom Peters, Landaff; Lieut. Jn°- Stevens, Plainfield; Capt. Josiah
Russell, Plainfield; Mr- Moses Whipple, Croyden; Daniel Jones Esqr->
Hinsdale; Willm- Ripley Esqr- Cornish; Mr- Silas Gaskill and Mr- Daniel
Cass, Richmond; Docf- Wm- Page, Capt. Sam1- Wetherbee, Charlestown;
Thos- Russell Esqr' Piermont; Mr- John Dunton, Acworth; Mr- Sam1-
Canfield, Marlow; Mr- Moses True, Saville; Nath1- S. Prentice Esqr->
Alstead; Mr- Elijah Frink, Lempster; Mr- Wolston lirockway, Surry;
Benja- Giles Esqr- Newport; Deacon Matthias Stone, Capt. Oliver Ash-
ley, Claremont; Capt. Abel Stevens, N. [North] Grantham; Mr- Russel
Mason, Grafton; Col0- Elisha Payne, Lieut. Elihu Hyde, Lebanon;
jonth. Freeman Esqr- Col0- John House, Hanover; Mr- Sawyer Bullock,
1 From the Ms. Assembly Journal, Vol. I.
296 Appendix H.
Cardigan; Majr- Jonth- Child, Mr- Walter Fairfield, Lime; Mr- Davenport
Phelps, Orford; Col0- Tim0- Bedle, Lyman, Morristown, and Bath; Tim0-
Bedle Esqr- and Maj'r- Joshua Howard, Haverill; Mr- John Young Junr-
Gunthwaite; Bezaleel "Woodward Esqr-> Dresden— except Deacon Silas
Thompson and Mr- 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 7th 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 15th- 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^- 17th- 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.
xFor 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
Col0- Ira Allen and Majr- 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 Mr- Whipple, Mr- Ward 1st'2
Mr Pearl, Mr- Murdock and Mr- 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 Thos- Chittenden Esqr- Cap1- General Govr- 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 11th- 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 honble 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 Gov1*- 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 28th 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 ua government" "over which Gov1-- 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 11th- 1781.
"In the Grand Committee, April llth> 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.— Mr Walbridge Mr Lyon M1- Petibone Mr Ormsby Col°-
Strong Mr- Harmon Mr- Pearl Mr Fitch Mr- Moss Mr Ward Mr- Higlev
Mr- Rowley M> Jackson Mr J. Smith Mr- E. Smith M1 B. Whipple M'
Post Mr- Drurv Mr Harris Mr- Underwood Mr- Bratten Mr- Burlinggame
Mr- Weston Mr Eli Mr Weld M> Seelye Capt. Strong Mr Cottle Mr.
Sprague Mr A. Robinson Mr- J. Powell Mr Foster Mr- Murdock Mr
Spooner Mr- Aiken Mr- Bradley Mr Putnam Mr Taplin Mr W. Baley
Mr McConnell Mr Wells Mr Giles Mr- J. Stevens Mr- Brockway Mr
Frink Mr Whipple M1 Young Mr Gaskill.
Nays 39.— Mr- Shepherd Mr Knight Mr N. Robinson Mr Holton Mr
Curtiss M> C. Parkhurst Mr Burton Mr [Joel] Marsh Mr- J. Baley Mr-
Hana Mr- Kent Mr- Payne Mr- Woodward Mr- Bedle Mr- Prentice Mr-
Child Mr- Hyde Doctf- Page Mr- Phelps M1- Ripley Mr- House Mr- J. Rus-
sell Mr- Fairfield Mr- Freeman Mr- Wetherbee M;- Howard Mr- Stone Mr-
Thos- Russell Mr- King Mr- Mason Mr- True Mr- Hunt Mr- Canfield Mr-
Duncan Mr- A. Stevens Mr- Peters Mr- Cass Mr- Cole Mr- 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 Mr- Lyon and Mr-
Wells, [Samuel of Brattieborough.]
Resolved that a Committee of six to join a Committee from the Coun-
cil2 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 Mr- Walbridge, Mr- 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,] Mr- Williams [Col. William of Wilmington,] Mr-
Prentice [of Alstead, N. H.,] M1'- Curtiss [Capt. Ebenezer of Windsor,1]
and M^ Child [of Lyme, N. H.]
Monday April 16th- 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 9th day of May 1781, and by several adjourn-
ments to the 15th of the same month iuclusive.
" Article 1st 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 2d- 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 3d- 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. 4th- 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 5th- 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. 6th- 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. 1st 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 2d- 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 15th 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 16th 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 Mr- 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 1st2 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 2d2 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 3d2 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. 2See p. 297, note2.
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 Mr- S. Robinson, Mr- Lyon and Mr- 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. —
Mr- Thos- Benedict & Mr- Benja- Hicks, Scorticook; Capt, John Abbot
and Lieut. Jn°- Johnson, Hoosack; Col0- Gidion Warren,1 Greenfield;
David Randall Esqr- & Doct. Abm- Burdick, Little Hoosack; Mr- John
Shepherd, Black-Creek; Mr- Joseph Craw, South-Gran ville; Capt. Asaph
Cook, Granville; Aaron Fuller, Esq1'- Skeensborough; M • Thos- Smith
& Mr- John Rogers, Saratoga; Mr- Phineas Whiteside, Col0- 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 Mr- Benja- Hicks
who did not attend.
Monday, June 18th- 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 Mr- Warren [of Greenfield, N. Y.,] Mr- Whiteside of
Cambridge, N. Y.,] and Mr- 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 22d- 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. —
uTo 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.
uTnat 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 Chm-
"Bennington June 22d- 1781."
" In Grand Committee June 22d- 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 } EsqLlires-
tp * tv * • * Bezaleel Woodward ) ^
Eastern District ELIgHA pAYNE ^ Esquires.
Western District f™ ^Allen [ Es(luires-
The ballots being taken the Honble Jonas Fay and Ira Allen Esquires
and Bezaleel Woodward Esqr- 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 Mr- Woodward, Mr*
Lyon and Mr- 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 Mr- Jones [probably Daniel
304 Appendix H.
Jones of Hinsdale, N. H.]1 Mr. Phelps [Davenport of Orford, N. H.]
Mr- Giles [Benjamin of Newport, N. H.] Mr- Walbridge [of Benning-
ton,]2 and Mr- 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 M1- S. Robinson, Mr- Caldwell [of Cam-
bridge, N. Y.,] and Mr- 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 27th- 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 28th- 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 18th Day of July, A. D. 1781, and in the 5th
| 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-
xFrom 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 Esq1-8- and
to Bazaleel Woodward, Esqr- 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, Esqrs- 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 10th day of July A. D. 1781, and in the fifth Year
of the Independence of this State.
(Signed) Thos- 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, 18th 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,
ay ( 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,
ay ( 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 faith of this state be by him pledged in behalf of the state, that the
decision, thus had, shall, in future, be held as sacredly binding on the
part of Vermont.
The committee further recommend to the Legislature, that the Pro-
ceedings of this committee, be officially transmitted to the Congress of
the United States; and that they be enclosed in a letter, under the sig-
nature of his Excellency the Governor, and directed to the President of
Congress.
And this committee do further advise the Legislature to recommend
to the authority in every part of the state, to remain firm in the support
of government, and the punctual execution of the laws, notwithstanding
the various measures taken to create divisions and discord.
The commissioners chosen for the above purpose, — the honourable
Elisha Paine, Jonas Fay, Ira Allen, and Peter Olcott, Esquires, Daniel
Jones, Esquire, Colonel Gideon Warren, Phineas Whiteside, Esquire,
Colonel Joseph Caldwell, and Ezra Stiles, Esquire.
Resolved, That it be an instruction to the said Commissioners, that
they prepare, and make, the necessary defence in the premises, and that
they introduce the said matters to New-Hampshire and New-York, in
such way as to them shall appear best.
October 19, 1781.
Voted that this committee be dissolved.
(Signed) Beza. Woodward, Clerk of Committee.
"State of Vermont, in General Assembly, 7
Charlestown, October 19th, 1781. }
The aforesaid report being read, and question being put, it was unani-
mously approved and accepted. (Signed) Koswell Hopkins, Clerk.
In Council, October 19th, 1781.
Read and concurred,
(Signed) Joseph Fat, Secretary."
Proposals of Vermont to New Hampshire and New York for
the Settlement of Boundaries—Oct. 1781.
Pursuant to the foregoing resolutions of the General Assembly, Gov.
Chittenden issued a commission to the commissioners on the 27th of
October; and on the same day copies of the resolutions and commission
were forwarded to the President of New Hampshire, as appears from
the following documents in the volume of New Hampshire State Pa-
pers on the Vermont Controversy.
Elisha Payne to President Weare.1
Charlestown, October 27th- 1781.
Sir, — The Commissioners appointed by the State of Vermont to nego-
tiate and compleat the settlement of the boundary lines between that
1 N. H. State Papers on the Vermont Controversy, p. 255 ; it is preceded
by a copy of the proceedings of the Vermont Assembly of Oct. 16 1781.
324 Appendix H.
State and the States of N. Hampshire and New York respectively
agreeable to the resolutions of the Legislature of Vermont, beg leave
herewith to transmit those resolutions together with a duplicate of their
Commission for the consideration of the Legislature of New Hampshire.
The Commissioners are ready to attend [to] the business of their ap-
pointment whenever they shall receive an answer in the premises.
In behalf of the Commissioners, I am Sir
Your most Obedient Humble Servant,
Elisha Payne.
The Honble Meshech Weave Esqr-
President Council of New Hampshire.
Commission of the Vermont Commissioners.1
— a_^ . His Excellency Thomas Chittenden Esq; Captain-Gen-
Seal,. [ eral, Governor and Commander in Chief in and over
< v^-v — > > the State of Vermont.
To the Honorable Elisha Payne, Jonas Fay, Ira Allen, and Peter Olcott,
Esqrs-: Daniel Jones Esq: Colonel Gideon Warren, Phinehas White-
side, Esq; Colonel Joseph Caldwell and Ezra Stiles Esq:
Greeting.
Agreeable to a Resolution of the Governor, Council and House of As-
sembly at their Session held at Charlestown this Instant October, ap-
pointing you Commissioners for and in behalf of the State of Ver-
mont to enter upon a Negociation for the Settlement and Adjustment
of the Boundary Lines, as well between the State of New Hampshire
and Vermont as between the State of New York and Vermont
agreeable to your Directions contained in the Resolution aforesaid.
These are therefore, in the Name and by the Authority of the
Freemen of the State of Vermont, to authorize and amply empower
you the said Elisha Payne, Jona"s Fay, Ira Allen, Peter Olcott, Daniel
Jones, Gideon Warren, Phinehas Whiteside, Joseph Caldwell and Ezra
Stiles, or any five of you the said Commissioners, to compleat and carry
into Execution the Negociation and Settlement of the said Boundary
Lines of Jurisdiction between the said States of New-Hampshire and
New York with the said State of Vermont respectively agreeable to
said Resolutions.
And I do hereby pledge the Faith of the said State of Ver-
mont, that the determinations had in the Premises shall be held sacredly
binding on the part of Vermont.
In Testimony whereof, I have hereunto set my Hand, and caused the
Seal of this State to be affixed, In Council, this 27th Day of October
Anno Domini, One Thousand Seven Hundred & Eighty one — And in
the 5th year of the Independence of this State. Thos Chittenden.
By His Excellency's Command,
Tho : Tolman, Bep. Secy-
(Duplicate.)
• Ira Allen regarded the failure to send agents personally, in October,
to New Hampshire and New York as a great mistake; first, because he
believed New Hampshire could have been then persuaded to assent to
Vermont's proposition; second, that New York would have been forced
either to assent or refuse, probably the latter; and third, that with the
assent of New Hampshire, and her aid with that of the states then
N. H. Papers on the Vermont Controversy, p. 257.
Proposals of Vermont to Settle Boundaries. 325
friendly, " Vermont would have retained her west union to the present
day, if not extended her claims further west."1 In December, Gov.
Chittenden sent Allen to urge the assent of New Hampshire, and an
effort was made in conjunction with other agents appointed by Lieut.
Gov. Payne; but at that date New Hampshire had resolved upon forci-
ble measures, as will appear hereafter, and the attempt at conciliation
was fruitless.
Gov. Chittenden to Ira Allen.2
Arlington, December 15th 1781.
Sir, — I have Consulted a Number of the members of my Council on
the Controversy between this & the State of New Hampshire Inspect-
ing the Boundary lines between the Two States Whereupon I do hereby
appoint & authorise you to Repare to the Gen1- Court of New Hamp-
shire & there use your Influence that they Comply with the Proposals of
the Legislature of this State for an amicable Settlement thereby if Pos-
sible to Prevent the Effution of Human Blood as the appearence of Civil
War will but too much give Countenance to the Common Enemy of
these States. Thos- Chittenden.
To Col0- Ira Allen.
(Copy.)
Lieut. Gov. Payne to Gen. Enos and Sheriff Page.5
State of Vermont.
To Brigadier General Boger Enos and William Page Esq.
Gentlemen, — By advice of sundry members of the council of this State
You are hereby appointed and empowered to repair forthwith to the As-
sembly of New Hampshire and in conjunction with Col0- Ira Allen
(already there by appointment of the Governor) use your endeavours
that said Assembly consider and concur in the proposals made to them
for settlement of the dispute between the two States relative to jurisdic-
tion, and agree on measures to prevent hostilities till an equitable and
impartial determination of the said disputes can be obtained.
Elisha Payne, Lieu1- Govr-
Charlestown, Decr 21 A. D. 1781.
Boger Enos and Ira Allen to Josiah Bartlett?
Exeter, Decr- 29th 1781.
Sir, -You will herewith Receive a Duplicate of our Commission to
attend the Gen1- Court of New Hampshire and have to add that notwith-
standing one of our Colleges [colleagues] Wm- Page Esq1-- being Confined
in Goal Contrary as we Conceive to the Laws of States or Nations We
are so Desirous of an Accomodation we [are] Ready to Enter on the
Business of our mission. We are with sentiments of Esteem your
Humble Servts- Roger Enos,
Ira Allen.
The HonUe Elisha \_JosiaK] Bartlett Esqr-
President of Committee of Safety.
1 Ira Allen's History, in Vt. Hist Soc. Collections, Vol. i, pp. 439-441.
2 N. H. State Papers on the Vermont Controversy, p. 267.
8 Same, p. 303. 4 Same, p. 315.
326 Appendix H.
Force against Vermont attempted by New York, and con-
templated by New Hampshire— 1781-2.1
The actual exercise of jurisdiction by Vermont in the East and West
Unions, after the failure of the attempts to induce New Hampshire and
New York to settle the controversy, very naturally excited the hostility
of those states, and the most extraordinary thing is, that both failed to
maintain their authority. New York was manifestly unable to do it,
mainly from the fact that the sympathies of a majority of the people
north of Albany, (from whom her military force was at that time neces-
sarily drawn,) were in favor of Vermont;2 while New Hampshire seems
to have been reluctant to push matters to the extreme of a civil war, in
which eastern New Hampshire would have been confronted by a major-
ity of her people in the west, and all the force that Vermont could bring
into the field. Moreover it appears from the vote of Mr. Livermore,
(the only delegate from New Hampshire present,) for the resolution of
Congress, Aug. 20 1781,3 that the government of New Hampshire was
friendly to the independence of Vermont on condition of the relinquish-
ment of the Unions.-
Collisions in the Western District.
New York was the first to commence active measures. Oct. 15 1781,
Gen. Peter Gansevoort jr. notified Gov. Clinton of the arrest, at Lans-
ingburgh, by Col. John Van Rensselaer, of Samuel Fairbanks, who had
been a private in the colonel's regiment, but had joined those who after
the union considered themselves Vermonters, and had received a lieu-
tenant colonel's commission.4 This was sharply resented by the follow-
ing letters of Vermont officers to Gen. John Stark, who then commanded
the continental troops on the northern frontier.
1 The spirited " Song of the Vermonters" which has been assigned to
1779, was undoubtedly written on this occasion. This is evident from
allusions in the closing verses to Lutterloh, which was not granted until
June 1781, and to Schaghticoke, which was not annexed until the same
month. The verses are as follows:
From far Michiscoui's wild valley to where
Poosoomsuck steals down from his wood-circled lair,
From Shocticook river to Lutterloh town, —
Ho — all to the rescue ! Vermonters, come down !
Come York or come Hampshire — come traitors and knaves.
If ye rule o'er our land, ye shall rule o'er our graves;
Our vow is recorded — our banner unfurled;
In the name of Vermont we defy all the world 1
2 See letter of Gov. Clinton to Gen. McDougall, ante, p. 269,
3 Ante, p. 320.
* Clinton Papers, No. 2444,
Collisions in the Western District. 827
Col Samuel Robinson, of Vermont Militia, to Gen. Stark.1
Bennington, Oct. 16, 1781.
Dear General: — I am surprised to learn that the militia of Albany
county have no other business upon their hands, at this time of general
alarm and danger, than to distress the inhabitants of Vermont, as if they
considered the British from Canada not sufficient for our destruction, at
a time when all our militia are under marching orders, and most of them
have already marched. This they [the New York authorities] think a
proper time to manifest their spite and malice. Part of my regiment
has marched to Castleton. I shall this morning follow with the remain-
der. If your honor cannot find the militia of Albany some other
employment, I shall march my regiment to that quarter, and try powder
and ball with them, which I have as well as they. I pray your honor to
check them if possible.
I am, dear general, your very humble servant,
Hon. General Stark, Saratoga. Sam'l Eobinson.
Gen. Safford, of Vermont Militia, to Gen. StarkJ
Bennington, October 17, 1781.
To Brigadier General Stark: Sir: — In consequence of your request to
me of the 11th, I sent orders to the militia, now considered in this state,
in the neighborhood of .the New City [Lansingburgh.] Lieutenant-
colonel Fairbanks is present with me, and informs that, in obedience to
my orders, he had mustered a number of men to march to your assistance
on Sunday morning. Saturday evening, colonel Van Rensselaer came
with a party of men from Albany, and its vicinity, and took them pris-
oners, broke open their houses, and much distressed their families.
Such conduct appears very extraordinary at this time, when every man
ought rather to be employed in the defense of his country, than in
destroying his neighbor's property. What colonel Van Rensselaer
designs, is best known to himself: but it has the appearance of prevent-
ing men going to defend the frontier at this critical moment. I have
ordered one half of our militia to the north, and the remainder I expect
must shortly follow. The inhabitants of this western territory are
willing to do their duty under Vermont, but are prevented by York.
And now, sir, if you judge it lies within your province to quiet those
disorders, I must entreat you to do it. That we may be united is my
sincere desire. The dispute of jurisdiction must be settled between the
states; but if such conduct is persisted in before [such settlement by the
states,] I must repel force by force, and the hardest fend off.
I am, with sentiments of esteem, your obed't serv't,
Sam. Safford.
Oct. 18 Gov. Clinton wrote to Gen. Gansevoort as follows :
Governor Clinton to General Gansevoort.3
POUGHKEEPSIE, Oct. 18, 1781.
Dear Sir: Your letter of the 15th instant was delivered to me on
the evening of the 16th. I have delayed answering it, in hopes that the
Legislature would ere this have formed a quorum, and that I might have
availed myself of their advice on the subject to which it relates; but as
this is not yet the case, and it is uncertain when I shall be enabled to
1 Memoir of Stark, p. 275; Vt. Hist. Soc. Collections, Vol. n, p. 184.
^Memoir of Stark, p. 277; Vt. Hist. Soc. Collections, Vol. ii, p. 185.
^Clinton Papers, No. 2445,
328 Appendix H.
lay the matter before them, I conceive it might be improper longer to
defer expressing my own sentiments to you on this subject.
The different unwarrantable attempts, during the Summer, of the
people on the Grants to establish their usurped jurisdiction, even
beyond their former claim, and the repetition of it (alluded to in your
letter,)1 in direct opposition to a resolution of Congress injurious to this
State and favorable to their project of independence,2 and at a time when
the coming enemy are advancing, can only be accounted for by what
other parts of their conduct have given us too much reason to expect —
disaffection to the common cause.3 On my part, I have hitherto shown
a disposition to evade entering into any altercation with them, that
might, in its most remote consequence, give encouragement to the
enemy, and expose the frontier settlements to their ravages; and from
these considerations alone I have submitted to insults which otherwise
would not have been borne with; and I could have wished to have con-
tinued this kind of conduct until the approaching season would have
secured us against the incursions of the coming enemy. But as from
accounts contained in Colonel Van Rensselaer's letter, it would appear
that the militia embodying under Mr. Chittenden's orders are for the
service of the enemy, and that their first object was to make you a
prisoner, it would be unjustifiable to suffer them to proceed.4 It is
therefore my desire that you maintain your authority throughout every
part of your brigade, and for this purpose, that you carry the laws of this
State into execution against those who shall presume to disobey your
lawful orders. I would only observe that these sentiments are founded
on an idea that the accounts given by Col. Van Rens-selaer in his letter
may be relied on; it being still my earnest desire, for the reasons above
explained, not to do anything that will bring matters to extremities, at
least before the close of the campaign, if it can consistently be avoided.
In my last, I should have mentioned to you that it was not in my
power to send you a supply of ammunition; but, as I had reason to
believe you had gone to Saratoga, I conceived it improper to say any
thing on the subject lest my letter might miscarry. You may recollect
that of the whole supply ordered by General Washington, last spring, for
the use of the militia, five hundred pounds is all that has been received
in the state magazine, which you will easily conceive to be far short of
what was necessary for the other exposed parts of the state. With
respect to provisions, it is equally out of my power to furnish you with
any, but what the state agent, who is now with me, may be able to
procure.
1 am, with great respect and esteem, Dear Sir, your most obed't serv't,
Brig. Gen. Gansevoort.5 Geo. Clinton.
*Gov. Clinton referred to the East and West Unions.
2 The Resolution of August 20 1781.
8 The governors interpretation of the Haldimand correspondence.
4 On the very day before this letter was written, Gen. Safford, of the
Vermont militia, wrote to Gen. Stark that in consequence of his [Stark's]
request, he had on the 11th sent orders to the militia in the West Union,
in obedience to which lieutenant-colonel Fairbanks had mustered men
to march to StarWs assistance when Van Rensselaer took them prisoners.
So Van Rensselaer's (or Gov. Clinton's) suspicion or conjecture in this
instance was flatly contradicted by Safford.— See preceding letter of Gen.
Safford; Vt. Hist. Soc. Collections, Vol. n, p. 371.
&Life of Joseph Brant, Vol. n, pp. 183-185.
ColUsio7is in the Western District. 329
Oct. 22, Gov. Chittenden laid before the Vermont Assembly a letter
from Fairbanks, stating his arrest by Van Rensselaer, and also his es-
cape in a skirmish in which three N ew Yorkers were wounded.1 There-
upon Gov. Chittenden at once wrote to Captain [Col. John] Van Rens-
selaer a- letter, of which the following abstract was given in William
L Stone's Life of Joseph Brant, Vol. n.
Governor Chittenden to Captain [Col. John\ Van Rensselaer.1
Governor Chittenden wrote to officers of New York, demanding the
release of the prisoners taken from the Grants — asserting their [Ver-
mont's] determination to maintain the government they had "set up,"
and threatening that, in the event of an invasion of the territory of New
York by the common enemy, unless those prisoners were given up, they
[Vermont] would render no assistance to New York. This letter also
contained an admonition that "power was not limited to New York."
Dec. 4, Col. Van Rensselaer informed Gen. Gansevoort that he had been
arrested by Col. John Abbott and taken to Bennington, where he was
discharged by Vermont magistrates. He also informed Gov. Clinton of
the facts, and stated that he intended to defend himself and the authority
of New York.3 Of this affair Gen. Stark gave the following account:
General Stark to Major General Heath. — [Extract.]4
Saratoga, 12th December, 1781.
I have sent to Bennington to gain the particulars of a riot raised some
time ago, and which still continues at St. Coicks. The particulars are
as follows: Men, under the direction of a captain [col.] Abbott, assaulted
a public house at Hoosac, seized upon colonel Rensselaer and some
others, who considered themselves under the government of New York,
and abused them in a most outrageous manner; after which they carried
them to Bennington, and called upon the magistrates acting under the
authority of Vermont for warrants to arrest them in (as they term it) a
legal manner; but, upon the magistrates refusing to interfere in the
matter, they were dismissed. Rensselaer, upon his liberation, repre-
sented the matter to general Gansevoort, and invited his neighbors to
join him and protect him from a second abuse, with which he was
severely threatened. Gansevoort approved his conduct, and ordered the
militia on both sides the North river above Albany to join them. Those
persons called Vermonters discovered the motion of the Yorkers, and
immediately collected their iorces wi hin half a mile of the quarters of
the Yorkers, and in this position the two detachments have continued
nearly a week. Yesterday, about twelve o'clock, the Yorkers were
about two hundred strong, and the Vermonters about two hundred do.
What I mean by Vermonters is those acting under Vermont within the
tWenty-mile line; for I cannot learn that any have joined them belonging
to old Vermont.5
1 Vt. Hist. Soc. Collections, Vol. n, pp. 184, 188.
2 Ms. letter, said Mr. Stone, from Thomas Chittenden to Captain Van
Rensselaer, among the Gansevoort papers.
3 Vt. Hist. Soc. Collections, Vol. n, p. 209.
4 Memoir of Stark, p. 296.
5 Ira Allen stated that the force, arrayed at this time against New
York, was " the militia of the [West] Union " collected by Col. Abbott.
330 Appendix H.
The Governor and others met on the 7th and consulted Gen. Safford
as to military matters in the "western district." Of this meeting there
is no record, but the fact of the meeting and its import are shown by the
following:
Colonel Ira Allen to Colonel Thomas Lee.x
Sunderland, December 8th, 1781.
Dear Sir: — I have to inform you that the legislature of New York, at
their late session, have revived their claim to the west bank of Connecti-
cut river. They have remonstrated against the resolutions of congress
of the 7th and 20th of August last, which virtually invite this state into
the confederacy of the United States. In fine, their procedures will
most probably for the present bar congress from any further proceedings.
When this state are left to vindicate their rights to independence against
all the machinations of their old adversary, every measure is taken to
divide and sub-divide the citizens of our western territory, to which this
state have pledged their faith to support, and which the impartial world
will justify this state in, when they consider the former proceedings of
the government of New York against this people, and the resolutions
above referred to.
Gov. Chittenden had endeavored in writing to reconcile both parties,
and had sent Gen. Saftord and Col. Walbridge, who succeeded in quieting
the parties somewhat, but could not etfect any accommodation. Ira Allen
was then sent. He counseled Col. Abbott to avoid rash measures, and
then visited Gansevoort and his officers. He endeavored to settle the
controversy by observing that the measures adopted by New York had
compelled Vermont to extend her jurisdictional claims, but that in time
of peace the dispute might be adjusted. Gen. Gansevoort said he was
much opposed to civil war, but it was the duty of New York to protect
those who owed and professed allegiance to New York. Allen replied
that Vermont had an equal right to protect those who acknowledged her
jurisdiction; but it was advisable to use lenient measures on both sides,
till Congress should have settled the boundary between the states — thus
preventing the horrors of civil war when the common cause required all
to be united against Great Britain. Gansevoort would not consent to
withdraw his force from the West Union. Col. Allen then returned to
Gov. Chittenden and advised the sending of a force sufficient (by over-
awing the New Yorkers) to restore tranquility without bloodshed. " The
plan," said Allen, " was adopted."— Ft Hist. Soc Coll. Vol. n, p. 212.
1 Ms. Becord of Board of War, p. 27. Col. Thomas Lee of Kutland,
it is said, was a captain in Col. Warner's continental regiment, and pre-
sided at a court martial at Fort Ranger in 1779 for the trial of Maj.
Hilkiah Grout.— See ante, p. 178; B. H. Hall's Eastern Vermont, p. 329.
It is certain that he was a captain in Col. Gideon Warren's regiment
of Vermont militia in 1780. Probably on the removal of the latter to
the " western district " Lee succeeded him as colonel. He headed the
attempted insurrection in Rutland county in November 1786. — See Dr.
Caverly's History of Pittsford, pp. 246-261.
Collisions in the Western District. 331
It is further to be observed, that if this state are left to support them-
selves against various powers, the more numerous her citizens are the
better; and other advantages which are very important will arise to this
state by holding the western territory, which is clearly in the power of
this state to support; yet it may be necessary in order to convince the
government of New York that this state will support her jurisdiction,
and to suppress some internal divisions to the westward, that a body of
the militia should make a move to the west, which would doubtless
answer similar purposes as the tour into Cumberland County did.1
Should anything of that kind be neceseary, it is expected by the gover-
nor, general Safford, and others who were in council last evening, that
you will furnish such proportion of your regiment as shall be necessary.
There are other cogent reasons that at this time cannot be inserted in
this letter.
It is expected by those in council [last] evening, that you consult your
officers and soldiers on this subject, and make these matters familiar to
them. I am, Sir, with due respect,
Your humble servant,
Col. Thos. Lee. Ira Allen.
Dec. 8, Gen. Stark advised Col. Yates [of N. Y.] not to begin hostili-
ties with the Vermonters, but to stand on the defensive until reinforced.2
Gov. Clinton to Brig. Gens. Van Eensselaer and Gansevoort. — [Extracts.]
December 11. Having enclosed papers already noted, gov. Clinton
wrote :
I have therefore to request that you will, on his [Gansevoort's] appli-
cation, atford him such aid from your brigade as shall be necessary for
quelling the insurrection and apprehending the offenders.
On the same day gov. Clinton wrote to Gen. Gansevoort:
I perfectly approve of your conduct [in resisting the pretended author-
ity of Vermont,] and have only to add that should the force already
detached prove insufficient, you will make such additions to it as to make
it effectual3.
Dec. 12. No. 4216 of the Clinton Papers is an affidavit by Bezaleel
Phelps, that he had been admitted into the council of Gen. Satford,
Moses Robinson, and others, at Bennington, and the result was a deter-
mination to disperse the New York party under Col. Yates, by taking
their lives or making them prisoners. Had seen writs for apprehending
Cols. Yates and Van Rensselaer and others, to punish them by Vermont
laws.
On the same day, colonel Yates, at St. Coick, wrote to general Ganse-
voort that the Vermonters appeared desperate. He had only about
eighty men, the "insurrectionists" one hundred and forty-six, and he
wanted aid with speed. He thought the Vermonters would only make a
great show and encourage the others. The rioters taken by him were
^he "tour" was the successful armed expedition of Ethan Allen
into Cumberland County in 1779. — See Vol. I.
8 Clinton Papers, No. 4206. 3Same, Nos. 4213 and 4217.
332 Appendix ff.
secured in a block-house. He wanted a field-piece and artillerymen for
defense.1
Genei al Stark to Colonel Yates.2
Headquarters, Saratoga, 14th December 1781.
Sir: — Upon anxiously examining the nature of the disputes between
New York and Vermont, I am of opinion that violent measures at
present would be attended with very evil consequences. If, therefore,
colonel Rensselaer can be assured of protection of his person and prop-
erty, together with positive assurances that his adherents shall remain
in peaceable and quiet possession of their estates, and that their persons
shall be preserved from indignities and insults until congress shall
determine the jurisdictional boundaries — till then, 1 say, I should think
hostilities very dangerous.
Now, Sir, considering the inconveniences of keeping men in the field
at this season of the year, I imagine, if the above mentioned prelimina-
ries are agreed to and ratified by responsible men on tbe part of Ver-
mont, it would be prudent for you to withdraw your men; but if your
orders are to continue in your present station, you must obey. In that
case, it would be advisable to apply to general Gansevoort, or the officer
who gave the orders, that they might be remanded.
I am, Sir, your most obedient servant, John Stark.
General Stark to Meshech Ware. — [Extract.]3
Saratoga, 14th December 1781.
Dear Sir: — Notwithstanding my letters to you seem to be treated with
silent contempt, yet, when any thing intervenes where I think my
country or the state of New Hampshire in a particular manner deeply
interested, I conceive it my duty, apart from common politeness, to
inform you of it. Such I deem the late riotous conduct of the state of
Vermont, in extending their pretended claim to the westward, and
threatening to support it by a military force; and, indeed, those within
the twenty-mile line are actually in arms, in open defiance and violation
of the rules of Congress; and are actually opposing themselves to the
troops raised by the state of New York to put their laws and constitution
into execution. Two detachments, one acting under the authority of
Vermont, and the other under officers owing allegiance to the state of
New York, are assembled now at St. Coick, in opposition. For further
particulars I refer you to Captain Fogg, who will have the honor of
delivering this.4
On the 14th the Governor and Council met, and measures were agreed
to in respect to the contest with both New Hampshire and New York.
The two papers following as to New York resulted from this meeting:
Governor Chittenden to General Stark.5
Arlington, December 15, 1781.
Dear Sir: — I have consulted my council on the perplexed situation of
this state, and have resolved to call the legislature thereof to meet at
1 Clinton Papers, No. 4219.
2 Memoir of Stark, p. 300. 3 Same, p. 301.
* For the remainder of this letter see post, on the collisions in the
Eastern District, under date of Dec. 14 1781.
hMemoir of Stark, p. 302. No reply from Stark to this letter is found
in the Memoirs of Stark, but No. 4269 of the Clinton Papers covers
several letters of this period, and among them are two from Gen. Stark,
urging peace and proposing terms.
Collisions in the Western District. 333
Bennington, as soon as may be; at which time they will doubtless con-
sult such measures as may tend to the peace and tranquility of this state
and the United States.
In the mean time I earnestly request that you write to the officers of
New York, that are daily making depredations to the west, to suspend
any farther operations of that kind until the assembly meet; and that,
if they do not comply, you will not interfere with your troops. And I
do assure you that if they comply with said request, and liberate the
prisoners they have taken, I will suspend the exercise of jurisdiction or
law over any person or persons who profess themselves subjects of New
York during that time. I am, sir, with sentiments of esteem, your most
obed't and most hbl. serv't, Thomas Chittenden.
Col. John Abbott of the Vermont troops to Lieut. Col. Henrg Van Rensse-
laer of N. Z.1
Sir: — I have this minute received orders from my superior which
delay me from holding any further treaty with you — therefore I shall
not meet you at time and place appointed. I shall not admit of three
or four of your men coming into my camp to bring one letter, as they
have done heretofore. I am, sir, your humble serv't,
John Abbott, Colonel.
Lieut. Col. Henry V. Rensselaer. Dec. 16, 1781.
Dec. 17. Col. H. Van Rensselaer wrote to Gen. Saftbrd, as appears
from the following reply, written by the officer in command of the Ver-
mont party:
Col. EUr Walbridge to Col. H. Van Rensselar.2
Mapletown, 17 Dec'r, 1781.
Sir: — Yours of this day to gen. Safford has been duly considered, and
as you are pleased to say that you are not authorized to treat with any
but subjects of the state of New York, it is imagined there is none such
opposed to you. Those in opposition to the authority of New York,
now in arms, — inhabitants of this territory claimed by your state, who
profess to owe allegiance to Vermont, — now propose for your considera-
tion, and request your immediate answer, viz:
1. That you release all the prisoners who are in your custody, belong-
ing to claims [territory] in dispute.
2. That you make good all damages sustained by individuals by the
troops under your command.
3. That all those inhabiting said territory repectively, professing to
owe allegiance to New York and Vermont, shall rest quiet and unmo-
lested in their persons and properties until the dispute shall finally be
adjusted by congress, or such other tribunal as shall be mutually agreed
on by the contending powers. 1 am, &c,
E. Walbridge, Colonel in command.
Col. Henry Van Rensselaer.
General Gansevoort to Colonel Walbridge. — [Abstract.]3
Dec. 18. In pursuance of a law of New York, he had been detached
with a part of his brigade to suppress an insurrection of some of the
inhabitants of Schaticook and Hoosac, that he had come to aid the
1 Clinton Papers, No. 4225. 2 Same, No. 4230.
8 Williams, Vol. n, p. 224. Ira Allen in Vt. Hist. Soc. Coll., Vol. I, p.
443. Clinton Papers, No. 4238.
334 Appendix H.
sheriff of the county to apprehend the insurgents; and was informed
that a large body of troops from the Grants were marching in force,
with artillery; but before he proceeded any further, he wished to be
informed what was the object of their movements into the interior parts
of New York, and by what authority.
Colonel Walbridge, at Bennington, to General Gansevoort— [Abstract.]'
Dec. 19. The object of the movement from Vermont was to protect
those of the inhabitants who, in consequence of the union, preferred
allegiance to the state of Vermont. If the New York forces will release
prisoners and cease to exercise jurisdiction over men claiming to be under
Vermont, that state will cease to do the same over men professing allegi-
ance to New York. He wished conciliatory methods might be adopted,
but if those persons who professed to be citizens of Vermont should be
imprisoned and their property destroyed, he was not to be held answer-
able for the consequences.
It will be observed that though Col. Walbridge twice proposed terms
in the conciliatory spirit of Gov. Chittenden's letter to Stark of the 15th
— terms that would have restored peace without dishonor to either party
or prejudice to their rights, — Gen. Gansevoort neither responded in the
like spirit, nor remained on the field to assert the authority of New
York. Of his retreat, and the end of the quasi war, a New York author
has given the following account:
On the 16th (Dec.) Gen. Gansevoort took the field himself, repairing
in the first instance to the head-quarters of Gen. Stark at Saratoga, in
order to obtain a detachment of troops and field-pieces. But the troops
of Stark were too naked to move from their quarters; and it was thought
improper for him to interfere without an order from Gen. Heath. Gan-
sevoort then crossed over to the east side of the river, in order to place
himself at the head of such militia as he could muster in Schaghticoke
and Hoosick; but was soon met by Col. Yates in full retreat from the
house of Col. John Van Rensselaer. He had been able to raise but
eighty men of Col. John Van Rensselaer's regiment to put down the
insurgents; and on arriving at San Coick he discovered a force of five
hundred men advancing from the Grants to the assistance of the rebels.
Gansevoort retired five miles further, in order to find comfortable
quarters for his men, and then attempted, but without success, to open a
correspondence with the leaders of the insurgents.2 Calls had been
made upon four regiments, viz: those of Col. Yates, and Henry K. Van
Rensselaer, as before stated, and upon Col. Van Vechten, and Major
Taylor. But from the whole no greater force than eighty men could be
raised. Of Col. Tan Vechten's regiment, only himself, a few officers
and one private could be brought into the field. Under these discour-
aging circumstances, the general was compelled to relinquish the expe-
dition, and the insurgents remained the victors, to the no small terror
of those of the inhabitants who were well disposed [to New YorkJ
inasmuch as they were apprehensive of being taken prisoners and
1 Williams, Vol. n, 224. Ira Allen in Vt. llist. Soc. Coll., Vol. i, p.
444; Clinton Papers, No. 4246.
8 This seems to ignore Gansevoort's letter to Walbridge of the 18th,
and Walbridge's reply of the 19th of December.
Collisions in the Eastern District. 335
carried away, as had been the case with others, should they refuse taking
the oath of allegiance to the government of Vermont.1
Collisions in the Eastern District.
Chesterfield was one of the New Hampshire towns which assented to
the union with Vermont and elected two representatives in the Vermont
Assembly in April 1781; nevertheless it appears that some of its citi-
zens were zealously loyal to New Hampshire. Nov. 5 1781, Samuel Da-
vis,constable of that town under Vermont, was prevented from serving
a precept by John Grandy jr. and Nathaniel Bingham; for which, on the
12th, these men were arrested and committed to the jail at Charlestown.
Nov. 16, they petitioned the Council and Assembly of New Hampshire
for relief.2
Under date of Nov. 15, Gen. Benjamin Bellows of Walpole in a confi-
dential letter informed President Weare that Vermont had determined
to exercise jurisdiction east of Connecticut river and had imposed a land
tax. He feared the consequences would be violent if not sanguinary,
and waited with impatience for action by New Hampshire. He wrote
that officers and posses should be sent "from off the Grants'1 — 'that is,
from the section of the state which was loyal to the government — " as it
would be more likely to settle us in peace than the Employing any
among us for this Purpose, where we are so intermixed and near Equally
divided.'1 He suggested the propriety of arresting " some of the Lead-
ers of the revolt," and thought it could be done safely if it were secretly
and prudently attempted.3
Col. Enoch Hale, sheriff of Cheshire county under New Hampshire,
was ordered to release Grandy and Bingham, but in attempting to exe-
cute the order he was himself arrested. On the 27th of November he
was arraigned before Benjamin Giles and Nathaniel S. Prentice, magis-
trates for Vermont, on the charge of attempting to break the jail; and
on the 29th he was committed to the same jail.*
1 Wm. L. Stone's Life of Brant, Vol. n, pp. 205-207. Early History,
pp. 379-380. It is remarkable that Ethan Allen is no where named in
connection with the promised fight with New York. Nobody, certainly,
could have entered into that business with a sharper appetite ; and he
was there. In his account against the state, settled in 1785, and
recorded in Ethan Allen Papers, pp. 407-408, are the following items:
To mv attending on the Militia at the seige of Vallumcock
the last of Deer. 1781, 1£ 10 1.
To Cash paid for my Expenses and for the Militia at the
same time, 9£ 2|.
a JT. H. State Papers on the Vermont Controversy, pp. 269-271, 275.
'Same, p. 261. 3 Same, p. 279.
336 Appendix H.
Act of Neto Hampshire for the enforcement of its authority in Cheshire and
Grafton counties.1
State of New-Hampshire.
In the Year of our Lord One Thousand Seven Hundred and Eighty one.
AN ACT
For impowering the Sheriff of the County of Cheshire to release from
Prison sundry of the good Subjects of this State, imprisoned by cer-
tain evilminded Persons, assuming Authority for so doing under the
People inhabiting a Territory commonly called Vermont; and for
apprehending the Persons so offending.
TT/HEBEAS the People inhabiting a Tract of Country on the West
'* Side of Connecticut Biver, originally granted by this State, and after-
wards claimed by the State of New York, have erected themselves into a sep-
arate and independent Jurisdiction by the Name of the State of Vermont;
And whereas, sundry Persons have, by Colour of Authority under the said
pretended State of Vermont, acted as civil Officers, passed Judgment and
committed to Prison sundry of the good Subjects of this State, and have
seduced many of the Inhabitants of the Counties of Cheshire and Grafton
to submit to the Jurisdiction of the said pretended State of Vermont, by
Means whereof the proper Officers of the said Counties may be unable to re-
lease the good Subjects of this State from Such illegal Imprisonment, and
to apprehend the Persons so offending, without the special Aid of this As-
sembly; and inasmuch as an impartial Trial of the said Offenders cannot
probably be had within the said Counties where the Offences have or may
be committed:
Therefore,
BE it THEREFORE enacted by the COUNCIL and HOUSE
of REPRESENTATIVES, in General Assembly convened, and by
the Authority of the same, it is hereby enacted, That the Committee of
Safety be, and hereby is impowered and authorized to issue their Order
to the Sheriff of the County of Cheshire to release from Prison all Per-
sons confined, or who may hereafter be confined in either of the said
Counties by Order, Process or Authority of any pretended Court, Mag-
istrate, Officer, or other Persons claiming Authority from the said pre-
tended State of Vermont, and to apprehend the Persons, who heretofore
have exercised, or who hereafter shall attempt to exercise any Office,
Power or Authority within the said Counties of Cheshire or Grafton
from, by or under the said pretended Authority of Vermont, and to con-
vey said Offenders to the common Goal in the County of Rockingham,
or such other County in this State as the said Committee may order,
there to remain until released by Order of the General Assembly, the
Committee, or by due course of Law.
And be it further enacted by the Authority aforesaid, That the said
.Committee of Safety be, and hereby are impowered to authorize the
Sheriff of the said County of Cheshire to call upon the Sheriffs of any
or either of the other Counties in this State, to raise the Body of their
respective Counties to aid and assist him in executing the Order of the
Committee of Safety, either to release Persons imprisoned as aforesaid,
or to apprehend the Person or Persons imprisoning them, and to convey
the said Offenders to any Prison within this State, and also to command
the Aid of any Officer or Officers of the Militia or Troops of this State,
which may at the Time be within the limits thereof, and commanded by
lN. H. Papers on the Vermont Controversy, p. 281.
Collisions in the Eastern District, 337
an officer commissioned by this State, and all officers and other Subjects
of this State shall yield due Obedience to such command.
And be it further enacted by the Authority aforesaid, That the several
and respective Courts of Judicature in the County or Counties where
the said Offenders may be confined, be and they are hereby respectively
impowered to hear, try and determine any Process or Processes against
the said Offenders, and to give Judgment and award Execution thereon
in the same Manner as though the offence had been committed within
the Body of the County where such Trial is had; any Law, Usage or
Custom to the contrary in any wise notwithstanding.
State of > In the House of REPRESENTATIVES, No-
New-Hampshire, > vember 27th, 1781.
THE foregoing BILL having been read a third Time, Voted, That it
pass to be enacted.
Sent up for Concurrence. Wm. Whipple, Speaker P. T.
In COUNCIL, November 28th, 1781.
HIS was read a third Time, and voted, that the same be enacted.
M. Weare, President.
Copy examined by Joseph Pearson, D. Secry.
T
Gen. Benjamin Bellows to President Weare.1
Walpole, Nov1"- 29th- 1781.
Sir, — The methods taken by the General Assembly for Liberating
Messrs- Bingham and Grandy are so far from being Effectual for that Pur-
pose that the Authority of Vermont have imprisoned the Sheriff of the
County of Cheshire who was sent here for the Purpose aforesaid; the
Authority of said Vermont are Determined to keep the Goal and their
Prisoners, and also to withstand and oppose (by Force of Arms) all the
Sheriffs and their Posses who may be imployed by New Hampshire to
Counteract any of their Purposes or Designs; it is said that they can raise
(by their Account) Six Hundred men at the shortest notice, who will res-
olutely dispute the Ground Inch by Inch: That the Posse should be raised
to" carry the Orders of this State into Execution now, is absolutely neces-
sary, something effectual must be done, dallying will not answer, and
unless some force can be obtained from without the County of Cheshire,
it will not be advisable to Dispute the Ground any longer. You cant but
be Sensible of the ill Consequences of such an Attempt from within our-
selves within this County and Especially within the Grants, for should
the Friends of New Hampshire Generally Exert themselves at this
Time it would Universally alarm the Vermonters, and many who would
not otherwise arm in this Quarrel would Exert themselves to the utmost
to oppose the Orders of the Assembly and all the New Hampshire Au-
thority. I should think that if New Hampshire are Determined to Sup-
port and Protect their Friends in this Quarter and to maintain their
Jurisdiction it will be Absolutely Necessary that a Sufficient force should
be collected from without the Grants be sure, if not from without the
County of Cheshire; You will put yourself in our Circumstances and Es-
pecially in those of the Sheriff and the other Prisoners, aud J think you
cant Hesitate a moment respecting what is necessary to be done and
how it should be done.
I am with Esteem Your Honor's
most Obd*- Humle- Serv*- Benja- Bellows.
Honble M. Weare.
1 N. H. State Papers on the Vermont Controversy, p. 283.
23
338 Appendix H.
Dec. 1, Doct. William Page, of Charlestown, sheriff under Vermont,
informed Col. Samuel King of the imprisonment of Col. Hale and the
prospect of an attempt by New Hampshire to release him. In that
event he notified Col. King that he should call on him for military aid.
On the 3d, Col. King issued orders to Col. Chamberlain, Capt. Franklin,
Capt. Cole, and Capt. Butterfield to be ready to march to Charlestown
on the shortest notice.1 Sheriff Page sent a like notice to Col. Wm.
Heywood, who ordered Capt. Hooper and Lieut. Bundy to be ready with
arms and ammunition complete, with two or three days' provisions for
each man, to march to Charlestown on the shortest notice.2 Dec. 5,
Michael Cresey of Chesterfield notified Gen. Bellows of the foregoing
call for military aid.3 Dec. 12, sheriff Page sent a messenger to Gov.
Chittenden, notifying him of events which had occurred in the district,
and of the probability that New Hampshire would attempt coercion.
This messenger reached Gov. Chittenden on the evening of the 13th,
when the Governor and Council were in session.
Colonel Enoch Hale to Mesheck Weave.1
Charlestown Goal, December 12th, 1781.
1 have to inform your honors that I wait the pleasure of the hon-
orable Committee of Safety, whom, I trust, well know my situation.
Sir, I have given bonds for the liberty of the yard, but could not give
bonds to appear at an unknown court, for the honor of the state that
sent me to this place. However, I was prevented doing the business
that I was sent upon, yet I found the people to be much disappointed
when they see that 1 refused to recognize [to Vermont,] and said that it
would immediately bring on a quarrel; and many said they never would
take up arms for the sake of jurisdiction, and could only wish to know
the pleasure of Congress on the matter, which I think has been much
kept from them by designing persons.
Sir, even those that are leading in the insurrection were panic-struck
on hearing that two thousand men was on their march, but have since
been much encouraged by hearing that the state of New Hampshire did
not know what to do with them.
Sir, I think now is the time to put the laws in execution', more espec-
ially the state ones.
Sir, the wisdom of the honorable Committee is sufficient to direct
them. I am, Sir, with much respect,
Your honor's most obedient, humble servant, Enoch Hale.
Honorable Mesheck Weave, Esq., President, &c.
1 N. H. State Papers on the Vermont Controversy, p. 285.
2 Same, p. 287. Of the officers named above, Col. Samuel King resided
in Chesterfield, and Capt. James Butterfield in Westmoreland. It is
presumed that all were residents of that part of New Hampshire which
was embraced in the union.
3 Same, p. 289.
1 Same, printed in the Burlington Free Press & Times, March 4 1871.
Collisions in the Eastern District. 339
Gov. Chittenden to William Page.1
Arlington, December 14th, 1781.
Sir, — I received your dispatches of the 9th and 12th instant, last eve-
ning by Capt. Watherbe, have considered the same and do approve of
your conduct in every particular.
I have wrote to Major Gen1- Payne in which I have given him particu-
lar orders with the advice of certain gentlemen therein named to give
you such assistance as shall be necessary in the support of Government
in your Quarter. I am Sir with Respect
your Hble Servant, Thos Chittenden.
William Page Esq.
True Copy. Test, William Page.
Letter and orders of Gov. Chittenden to Maj. Gen. Elisha Payne.2
Arlington, 14th December, 1781.
Sir : — I have received dispatches from William Page, Esq., Sheriff of
Washington County, which give me to understand that there is a high
probability that the government of New Hampshire are about taking
coercive measures to compel the peaceable citizens of this state to sub-
mit to the laws and authority of New Hampshire. The sheriff further
desires my special orders in matters relating to the premises, and as my
remote situation renders it impracticable that I should have the knowl-
edge of the particular occurrences which may take place should such an
attempt be made [by] New Hampshire, therefore I can only give you
several orders in the matter, viz: provided that New Hampshire reject
the proposals of the Legislature of this state and insist upon hostile
measures, you are hereby directed to call on such of the members of the
Council and the Generals Fletcher and Olcott, and such of the field
officers of the militia on the east side of the mountain as you may think
proper, and after having consulted matters, if need be, you are directed
to call on any or all of the militia of this state to the eastward of the
range of Green Mountains to your assistance, and to assist the sheriff in
carrying into execution the laws of this state, and to defend its citizens
against any insult; and provided New Hampshire makes an attack with
an armed force, you are hereby ordered to repel force by force; and in
the meantime you will use every means in your power consistent with
the peace, happiness, or dignity of this state, to prevent the effusion of
human blood, which at this time might be more or less injurious to the
common cause of America, as well as attended with many other serious
considerations, and which I pray God may never take place.
I am, Sir, your ob't and humble serv't,
Thomas Chittenden, Capt. General.
Elisha Payne, Esq., Major General.
N. B. Provided a force from New Hampshire precipitate any mea-
sure, you must act with that expedition which their manoeuvers may
require, with such counsel as you can in haste collect. T. C.
A true copy, Attest, William Page, Sheriff.
General Stark to President Weare. — [Extract.]3
[Saratoga, Dec. 14, 1781.]
1 have been favored with a perusal of the proceedings of the legislature
of Vermont state, on the subject of their being received into the union
1 N. H. State Papers on the Vermont Controversy, p. 301.
2 Same, published in the Burlington Free Press & Times, March 4 1871.
3 Memoir of Stark, p. 300.
340 Appendix H,
of the United States, and find that they have not only rejected the reso-
lutions of Congress, but in reality have disavowed their authority; and
I farther perceive that, in their great wisdom, they have thought proper
to appoint a committee to determine whether New Hampshire shall
exercise jurisdiction to Connecticut river or not. This proceeding
appears too weak and frivolous. For men of sense to suppose that New
Hampshire would ever consent to an indignity so flagrant, and an abuse
so pointed as this seems to be, is what I own surprises me. However, I
hope, and indeed have no doubt, that New Hampshire will be more
politic than to take notice of this daring insolence. What I mean by
notice is, to think of treating with them upon this or any other subject
until Congress shall come to a final determination with respect to these
people. I am, sir, with high respect,
Your most obedient serv't, John Stark.
Lieut. Gov. Payne, of Vermont, to President Weave.1
Charlestown, Dec. 21st, 1781.
Sir, — I herewith transmit to your honor a copy of orders received from
the commander-in-chief of the state of Yermont, issued in consequence
of coercive measures pursuing by New Hampshire, from which you will
learn my situation.
Inclination and duty conspire to induce my compliance with any meas-
ures which reason and justice may point out to avert threatening hostil-
ities, pregnant not only with the horrors of civil war, but also the great-
est injury to the United States, whose interest it is our desire as well as
yours to support — have, therefore, by advice of sundry members of the
Council of this state, and other gentlemen of influence and consideration
now present, appointed Brigadier General [Roger] Enos and William
Page, Esq., in conjunction with Col. Ira Allen, (already appointed by
the Governor to wait on your Assembly,) to state before the said Assem-
bly the reasonableness of the late proposals of the legislature of Ver-
mont, transmitted to your honor by a committee appointed by said leg-
islature, for that purpose, for the settlement of disputes between New
Hampshire and Vermont.
You must be sensible it has ever been our idea to have justice and
equity take place in the decision; and, therefore, by the advice aforesaid,
[I] renew proposals that the controversy, in respect to the territory the
jurisdiction of which is in dispute between the said states, be decided by
an impartial tribunal on principles of right and equity, in the mode con-
gress have pointed out by articles of confederation of the United States
in cases where disputes arise between two or more states in respect to
boundary, jurisdiction, &c, — Vermont being allowed equal privileges as
the other party in support of their claim— and that hostilities between
the said states be suspended till such trial can be had.
We doubt not a compliance on the part of- Vermont with the forego-
ing proposals, which appear to us equitable and just; and are persuaded
that New Hampshire are so possessed of principles of justice and equity
as shall induce a compliance on their part, and hope for their favorable
answer to lay before the assembly of Vermont for their concurrence at
their meeting on the last Thursday in January next.
In case New Hampshire refuses compliance with equitable terms (as
we view the foregoing,) and are determined on hostilities previous to
attempts for an amicable settlement, [I] shall find myself under the dis-
agreeable necessity to execute the orders I have received in raising the
^rom the N~. H. State Papers on the Vermont Controversy; published
in the Burlington Free Press & Times, March 4 1871.
Collisions in the Eastern District. 341
force of Vermont, to repel encroachments on its jurisdiction exercised
by consent of the people, and which I doubt not their most spirited ex-
ertions to support till the dispute is decided, confident that New Hamp-
shire, in case they commence hostilities, must be accountable for the
consequences.
I have the honor to be, with esteem and respect, sir,
Your honor's most obedient and most humble servant,
Elisha Payne, Lieut Gov.
ILis Honor Mesheck Weave, Esq., President of the Council of New Hamp-
shire.
Immediately following the foregoing document in the lost Stevens Pa-
pers was a letter from Gen. Samuel Fletcher to Lieut. Gov. Payne, in-
forming that he had issued orders to call out the [Vermont] militia east
of the mountains to defend the East Union.1
Dec. 22, Col. Enoch Hale wrote to President Weare, by sheriff Page,
commending the attempt, which was to be made by Enos, Page, and
Allen, to obtain an honorable settlement between the two states. Hale
wrote: " I have been used well as a Prisoner, have had the liberty of the
yard, and they Now begin to Desier me to depart out of their Course "
[coasts.] 2
Dec. 27, by a concurrent vote of the House of Representatives and
Council of New Hampshire, it was ordered that Dr. William Page be
committed to jail at Exeter, to await a trial for accepting the office of
sheriff " under the usurped authority of Vermont;" and on the same day
bail was refused.3
Arrests ordered by New Hampshire in the Eastern Union.*
State of ) In Committee of Safety,
New Hampshire. $ Exeter, 27th Deer. 1781.
To Bobert Smith of Londonderry, Greeting:
Whereas information hath been given to this Committee, that Samuel
King gentleman, Moses Smith yeoman, both [of] Chesterfield, Isaac
Griswold of Keene yeoman, and Nathaniel Sartel Prentice of Alstead
esquire, all in the county of Cheshire and state aforesaid, have been guilty
of sundry practices inimical to this state: therefore
You are hereby required, in the name of the government and people
of said state, forthwith to apprehend the bodies of the said Samuel King,5
Moses Smith, Isaac Griswold, and Nathaniel Sartel Prentice,6 if they
may be found within this state, and bring them, as soon as may be, be-
fore the Committee of Safety to be examined touching the matters
alleged against them, that they may be dealt with as to justice shall ap-
1 Index to Stevens Papers, pp. 45, 97.
2 N. H. State Papers on the Vermont Controversy, p. 357.
3 Same, pp.309, 312.
4 Same, published in the Burlington Free Press & Times, March 25 1871.
5 Mr. King represented Chesterfield, and Mr, Prentice Alstead, N. H.,
in the General Assembly of Vermont.
342 Appendix H.
pertain; and all officers, civil and military, and other subjects of this
state, are hereby required to be aiding and assisting you in the premises.
Hereof fail not, and make return of this warrant with your doings
thereon.
Given under my hand and seal, on the day and date above mentioned.
Josiah Bartlett, Chairman.
State of New Hampshire, 7
Rockingham, ss. \
Pursuant to the within warrant, I have apprehended the body of the
within named Nathaniel Sartel Prentice, Esq., and have him before the
Committee of Safety for said state this seventh day of January, 1782.
Robert Smith, Special Sheriff.
Pursuant to the within warrant I have apprehended the body of the
within named Samuel King gentleman, who was rescued: the others are
not found. Robt. Smith, Special Sheriff.
advertisement.
Four hundred silver dollars reward to any person or persons that
brings Samuel King of Chesterfield to Exeter in the state of New Hamp-
shire and there confine him in goal, or have him the said King before
the Committee of Safety of said state, as said Samuel King was taken
prisoner, by virtue of a warrant unto the subscriber directed, and con-
ducted under a proper guard twenty miles. Said King at the town of
Keene by a number of men armed with clubs, swords and staves, vizt.
captains Fairbanks, Davis, Pratt, Pomeroy and Harvey of Chesterfield
at their head and captain Carlise of Westmoreland with a small party,
which parties did, on the morning of the first day of January, 1782, by
violence rescue the said Samuel King, prisoner, from
Robert Smith, Special Sheriff.
Mr. Ephraim Witherell — Sir: — If possible apprehend the bodies of
Isaac Griswold and Moses Smith and bring them before the Committee
of Safety at Exeter and you shall have an adequate reward from
Robt. Smith, ) Special
Jonathan Martin, j Sheriffs.
Joseph Burt to President Weare. x
Honored Sir: — This moment two men from Chesterfield, who made
their escape from the mob, who after they had rescued Samuel King
from the officer, returned to Chesterfield, and apprehended Lieutenant
Roberson and two others, who they seemed determined to treat accord-
ing to the custom of Vermont, that is by whipping them. Whether they
will really venture upon this business is very uncertain to me. But they
have actually driven many of the good subjects of the state from their
homes in this cold night. Mr. Bingham's son is one of the men that
have come to my house for shelter, who I have this account from, who
expected to have found his father here with another man, who made
their escape. They have not been here, and I am some concerned for
them. The triumphs of the Vermonters are great, and say that New
Hampshire dare not come like men in the day-time, but like a thief, and
steal a man or two away. Your honor cannot be insensible of our situ-
ation. I would not wish to dictate, but pray that something may be
done that shall #be for the relief of the good subjects in this part of the
xFrom the JV. H. State Papers on the Vermont Controversy; published
in the Burlington Free Press and Times, March 25, 1871.
Collisions in the Eastern District. 343
state, and for the good of the state. I thought it my duty to inform your
honor, as it is not likely that any other person will be informed that will
write to your honor by the post. I am, sir,
Your honor's most obedient and humble servant,
Joseph Burt.
Westmoreland, Jan. 1st, 1782, at 12 o'clock at night.
Hon. President Weave, Esq.
N. B. You will excuse the writing, being called out of bed in a
cold night.
Benjamin Bellows to President Weave.1.
Walpole, Jan. 2d, 1782.
Sir, — 1 have often troubled you with a narrative of our distresses and
difficulties in this part of the state. Notwithstanding, I presume you
and the rest of the honorable committee of safety will exercise your
wonted indulgence while I give an account of some new difficulties aris-
ing upon the officers attempting to convey one Samuel King of Chester-
field to Exeter, which rescue you will have an account of before this
reaches you. Upon the return of the mob, after proper refreshment at
said King's, they sought for all those persons who were any way con-
cerned in assisting the aforesaid officer, some of whom they got into
their hands, and have abused in a shameful and barbarous manner, by
striking, kicking, and all the indignities which such a hellish pack can
be guilty of, obliging them to promise and engage never to appear against
the new state again; and that is not all, they swear they will extirpate
all the adherents to New Hampshire, threatening to kill, burn and de-
stroy the persons and property of all who oppose them; that the friends
to this state cannot continue at said Chesterfield with their families, but
are obliged to seek an asylum in other towns among the Hampshire peo-
ple. I have two respectable inhabitants of said Chesterfield now shel-
tering themselves under my roof, who I have the greatest reason to
think would be treated by them in a barbarous manner were they in
their power, as they have stove the doors and broke up houses in search
of them. I am credibly informed that there is in said Chesterfield about
one hundred persons who support said King, who damn New Hamp-
shire and all their authority to hell, and say they (New Hampshire) can
do nothing only in a mean and underhanded way; in short, they defy all
the authority and force of the state, and are determined to support and
maintain their usurped authority, maugre all attempts that have or shall
be made to curb or restrain their usurpations. The wrath of man and
the raging of the sea are in scripture put together, and it is He alone
who can rule the latter and restrain the former. I hope and trust the
Author of Wisdom will direct the honorable committee to such meas-
ures as will ultimately tend to the peace and happiness of this part of
the state, and more especially those adherents to New Hampshire who
are in a sense suffering for righteousness sake.
I am, with all esteem and respect.
Your most obedient humble servant, Benj. Bellows.
Hon. Meshech Weave, Esq.
Jan. 4, by vote of the New Hampshire Assembly, Doct. Page was re-
ferred to the judges of the superior court on the question of bail.2
1 From the N. H. State Papers on the Vermont Controversy; published
in the Burlington Free Press & Times, March 25, 18/1.
8 N. H. Papers on the Vevmont Controversy, p. 311.
344 Appendix H.
Jan. 8, Doct. Page at Exeter wrote a long letter to Lieut. Gov. Payne,
in which he deplored the state of affairs, and asserted that the people of
western New Hampshire, who were friendly to Vermont, were greatly
misunderstood or misrepresented. The following are extracts from this
letter:
" The General Court have Ordered Two Thousand men to be Raised
Immediately in the Counties of Rockingham and Strafford & March
them to Subjugate the People in the Counties of Cheshire and Grafton."
" P. S. The whole State of New Hampshire are to hold themselves
in Readiness to march if Required."1
Besolve of New Hampshire to raise Troops.*
State of ? In the House of Representatives,
New Hampshire. \ Jan'y 8th 1782.
The Committee of the whole reported as their opinion " that an armed
Force be immediately raised, and sent into the western part of this State
for the defence and protection of the Inhabitants there, & to enable the
civil officers to exercise their authority in that Quarter. That the said
armed force consist of one thousand Men, including Officers — that a
proclamation be issued & forwarded to the several Towns & places in the
Western parts of this State, setting forth the reasons for raising said
armed force — that Woodbury Langdon Esqr- or some other Delegate be
immediately sent on to Congress to make a true representation of our
present proceedings.
The foregoing report having been read & considered Voted that the
same be received & accepted.
Sent up for Concurrence. John Dudley, Speaker P. T.
In Council the same day read and Concurred.
E. Thompson, Secr'y.
Jan. 10, Col. Bellows wrote to President Weare against the release of
Doct. Page, on the ground that, while it might quiet the people of west-
ern New Hampshire somewhat, it would encourage hostility in Vermont.
He closed with a statement that Esq. Giles [Benjamin, of Newport, rep-
resentative and magistrate under Vermont,] had been arrested by
sheriff Hale, but had been rescued.3
Jan. 10, Ira Allen reported to the Governor and Council the failure of
the attempt to negotiate with New Hampshire.
Jan. 11, Col. Hale informed President Weare of the arrest and release
of Giles, and added the following humorous account of his own misfor-
tune on the occasion, prefacing it with a statement that the Vermont
party had a force of forty men :
For a frunt Gard they Raised some of their most ablest women and
sent forward with some men dressed in woman's apparril which had the
Good luck to Take me Prisoner Put me aboard one of their Slays and
filled the same with some of the Principal women and drove off Nine
1 JV. JH. State Papers on the Vermont Controversy, pp. 329-331.
2 Same, p. 333.
3 Same, p. 339. This indicates that Col. Hale had been released by the
Vermont authorities; probably in return for Page's release by New
Hampshire.— See Belknap's account, post, p. 346.
Collisions in the Eastern District. 345
miles to Wellan Tavern in Walpole the main body following after with
aclimation of Joy where they Re:gailed themselves and then set me at
liberty Nothing Doubting but that they had intirely subdued New
Hampshire.1
From the fact that Col. Hale represented the people of Charlestown
to be very zealous for Vermont, the inference is that the party which
arrested him was raised in that town. On the next day, according to
the Index to the Stevens Papers, p. 81, Col. Hale again wrote that lie had
concluded to stay at home and let the Vermonters in the East Union
alone. Probably this was a condition of his release on the 11th.
Jan. 12, President Weare issued ua proclamation giving Vermonters
forty days to leave the east union, or subscribe an oath &c."a Feb. 21
1782, in precisely forty days from the date of this proclamation, the Gen-
eral Assembly of Vermont resolved to dissolve both the eastern and
western unions. This result was largely due to the intervention of Gen.
Washington, whose letter, and the resolutions of Congress of August
1781, were accepted as pledges that, on the withdrawal of Vermont to its
former boundaries, the state would be admitted to the Union.3
Belknap's Account of the Second Eastern Union— 1781-2.4
The state of society within the seceding towns [of New Hampshire]
at this time, was very unhappy. The majorities attempted to control
the minorities; and these were disposed not to submit, but to seek pro-
tection of the government with which they had been connected. At the
same time and in the same place, Justices, Sheriffs and Constables, ap-
pointed by the authority of both states, were exercising jurisdiction over
the same persons. Party rage, high words and deep resentment, were
the effect of these clashing interests. An affray which began in the
town of Chesterfield, threatened a scene of open hostility, between the
states of New Hampshire and Vermont.
A Constable, appointed by the authority of Vermont, had a writ, in
an action of debt against a man who was in the interest of New-Hamp-
1 JV. H. State Papers on the Vermont Controversy, pp. 343-345.
2 Index to the Stevens Papers, p. 81. This document is not in the New
Hampshire volume of state papers on the controversy. Dr. Belknap,
under date of Jan. 12 1782, wrote: " The assembly issued a proclama-
tion, allowing forty days for the people in the revolted towns to repair to
some Magistrate of New-Hampshire, and subscribe a declaration that
they acknowledged the extent of New-Hampshire to Connecticut river;
and that they would demean themselves peaceably as good citizens of
the State. They also ordered the militia of all the counties to hold
themselves in readiness to march against the revolters." — See Bel-
knap's History of New Hampshire, Vol. II, p. 348.
3 See correspondence of Washington and Chittenden ; and resolutions
of the Vermont Assembly, Feb. 21, 1782, post.
* From Jeremy Belknap's Hist, of N. Hampshire, Vol. n, pp. 346-351,
346 Appendix H.
shire. He found the man in company with a number of people of his
own party, and attempted to arrest him. The owner of the house inter-
posed. The Constable produced a book which he said contained the laws
of Vermont, and began to read. The owner ol the house forbad him.
Threatening words were used; and the officer was compelled to retreat.
By a warrant from a Vermont Justice, the householder, and another of
the company, were committed to prison in Charlestown. They sent, a
petition to the Assembly of New-Hampshire for relief. The Assembly
empowered the committee of safety to direct the Sheriff of Cheshire to
release the prisoners; they farther empowered the committee to cause
to be apprehended and committed to prison, in any of the counties, all
persons acting under the pretended authority of the State of Vermont,
to be tried by the Courts of those counties where they might be con-
fined; and for this purpose the Sheriffs were empowered to raise the
posse Coynitatus.
In attempting to release the two prisoners from Charlestown gaol, the
Sheriff himself [Col. Enoch Hale] was imprisoned by the Vermont
Sheriff [Doct. Win. Page,] under the authority of a warrant from three
Justices. The imprisoned [N. H.] Sheriff applied to a Brigadier Gene-
ral of New Hampshire,1 to raise the militia for his liberation. This
alarmed the Vermonters; and orders were issued by the Governor for
their militia to oppose force with force. A committee of Vermont was
sent to Exeter, 'to agree on measures to prevent hostilities.7 One of
this committee was the Vermont Sheriff; he was immediately arrested
and thrown into prison at Exeter, and there held as a hostage for the re-
lease of the Sheriff of Cheshire. The assembly issued a proclamation,
allowing forty days for the people in the revolted towns to repair to some
Magistrate of New Hampshire, and subscribe a declaration that they
acknowledged the extent of New Hampshire to Connecticut river; and
that they would demean themselves peaceably as good citizens of the
State. They also ordered the militia of all the counties to hold them-
selves in readiness to march against the revolters.
While affairs wore such a threatening aspect between the two States,
means were used at Congress to take up the controversy on more gene-
ral ground. A committee, who had under consideration the affair of
admitting Vermont into the union and determining its boundaries, pre-
vailed on General Washington, then at Philadelphia, to write to the
Governor of Vermont, advising to a relinquishment of their late exten-
sion, as an ' indispensable preliminary ' to their admission into the union;
intimating also, that upon their non-compliance, they must be considered
as having" a hostile disposition toward the United States, in which case
coercion on the part of Congress, however disagreeable, would be nec-
essary.
This letter had the desired effect. The Assembly of Vermont, taking
advantage of the absence of the members from the eastern side of the
river, obtained a majority for complying with the preliminary, and re-
solved, ' that the western bank of Connecticut river on the one part, and
' a line drawn from the north-west corner of Massachusetts, northward,
' to Lake Champlain on the other part, be the eastern and western
' boundaries of the State of Vermont, and that they relinquished all
1 Possibly Gen. Moses Nichols, of Amherst, N. H., who commanded
a part of Stark's men at the battle of Bennington. In a letter to Prest.
Weare by Samuel Livermore, in Congress, Jan. 1 1782, he said: "I am
anxious to hear the event of Gen. Nichols' expedition." — See Vt. Hist.
Soc. Collections, Vol. n, p. 227.
Collisions in the Eastern and Western Unions. 347
' claim of jurisdiction without those limits.' When the members from
the eastern side of Connecticut river arrived, they found themselves ex-
cluded from a seat in the Assembly, and took their leave with some
expressions of bitterness.
After this compliance, it was expected that Vermont would be admit-
ted into the union, and the question was solemnly put in Congress; but
a majority decided against it; to the no small disappointment of many
persons, beside the inhabitants of the disputed territory. The pretence
for this decision was, that they had exceeded the limited time; but they
had complied with the ' indispensable preliminary;' and the order of Con-
gress, requiring it, stood unrepealed.
Ira Allen's Account of the Collisions in the Eastern and
Western Districts— 1781-2.1
In December new scenes of difficulty and danger presented them-
selves, and the atfairs of Vermont appeared fast approaching to an alarm-
ing crisis, assailed as she was, at the same time, and threatened by an
armed force from New York and New Hampshire.
General Gansevoort, in pursuance of a law of the State of New York,
and conformable to the orders of Governor Clinton, was detached with
a part of his brigade of militia to assist the Sheriff of the county of Al-
bany to suppress an insurrection in said county, alias the west union of
Vermont; Colonel Abbot collected the militia in the union to oppose
him; they encamped against each other, and remained in this situation
for some time; the horrors of civil war seemed to moderate both parties.
In the mean time Governor Chittenden tried to reconcile both parties
by writing, and he also appointed General Satford and Colonel Wal-
bridge to repair there, and, if possible, to settle the controversy in some
way, and by all means prevent the shedding of blood. They repaired to
the contending parties, and were the means of keeping them more quiet,
but could not effect an accommodation.
The Governor then directed Colonel Allen to see if he could devise
any means to accommodate matters; for, said the Governor, a civil war
is much to be dreaded. Colonel Allen repaired to Colonel Abbot's camp,
held a conference with him and his officers, admonishing them against
any rash measures; that some way would be found to settle the dispute
without an appeal to arms, engaging them not to commence hostilities
till the further order of the Governor. He then proceeded to General
Gansevoort's camp, had an interview with him and his officers, endeav-
oured to settle the controversy, observing, that the measures p.ursued by
New York had necessitated Vermont to extend her claims, that in time
of peace the dispute might be adjusted, &c.
General Gansevoort was very much opposed to a civil war, yet thought
it a duty incumbent on the State of New York to protect her inhabit-
ants, who owed and professed allegiance to that Government. Colonel
Allen observed, that the State of Vermont had an equal right to protect
those who had acknowledged her jurisdiction, which was a great major-
ity of the people; that it would be advisable to use lenient measures on
both sides, till a boundary line could be settled by Congress between the
States, thereby to prevent the horrors of a civil war, when the united
efforts of all were necessary in the common cause against Great Britain;
but no measures could be suggested to induce General Gansevoort to
withdraw from said union.
1 From I. Allen's History, in Vt. Hist. Soc. Coll., Vol. I, pp, 442-446,
348 Appendix H.
Colonel Allen returned to the Governor and Council, advised that the
Governor, as Captain General, should direct a sufficient military force to
march, from within the old bounds of Vermont, against General Ganse-
voort, as the only means to restore tranquility without bloodshed; for
in that case General Gansevoort would, in his opinion, retreat, and not
otherwise. The plan was adopted; and while the Governor was making
out his orders, directing Colonel Ira Allen, with a detachment of militia,
to prosecute said plan, an express arrived from AVilliam Page, Esq;
Sheriff of the county of Washington,1 announcing the prospects of hos-
tilities in the east union from New Hampshire. This intelligence made
a serious impression on the minds of the Governor and Council for a few
moments (as it appeared like an agreement between the claiming States to
commence hostilities at one and the same time.) When they resumed
business, Colonel Walbridge was directed to march with a detachment
of militia against General Gansevoort. In his way he received a letter
from General Gansevoort.
At the same time the troops of New York were in motion to suppress
the proceedings of their citizens, who had formed an union with Ver-
mont. On December 18, their Commander, Brigadier General Ganse-
voort, wrote to the commanding officer of the troops from Vermont, that
in pursuance of a law of New York, he had been detached with a part
of his brigade to suppress an insurrection of some of the inhabitants of
Schaticook and Housac; that he was arrived to aid the Sheriff of the
County, to apprehend the insurgents; and was informed that a large
body of troops from the grants, were marching in force, with artillery;
but before he proceeded any further, he wished to be informed what. was
the object of their movement into the interior parts of that State, and
by what authority. Colonel Walbridge, commandant of the troops from
Vermont, wrote in answer, that the object of their movement was to
protect those of the inhabitants, who, in consequence of the union, pro-
fessed allegiance to the State of Vermont; that he wished conciliatory
methods might be adopted, but if those persons who professed to be citi-
zens of Vermont should be imprisoned, and their property destroyed, he
was not to be answerable for the consequences. General Gansevoort re-
treated, and peace was restored.
The Governor and Council attended to the said dispatches from Will-
iam Page, Esq; and appointed Colonel Ira Allen, and instructed him to
repair to the General Court of New Hampshire, then in session at Exeter,
with full powers to concert measures for an amicable adjustment of ah
disputes with that State. On the 14th Governor Chittenden issued
orders to Lieutenant Governor Payne (who lived in the east union) to
raise the militia east of the Green Mountains to protect the civil author-
ity and inhabitants against the menacing insults of New Hampshire, and
if attacked, to repel force by force.
Colonel Allen took these orders, and proceeded to Charlestown, and on
conferring with William Page, Esq; found a prospect of hostilities on
the eve of commencement, on the part of New Hampshire, for the pro-
tection of some persons who professed allegiance to that State. Colonel
Allen immediately made out several copies of said orders to Governor
Payne, ostensibly to encourage the people in the east union to remain
firm to Vermont, but found means for one copy to fall into the hands of
a staunch friend to New Hampshire, who eagerly seized the prize, and
sent it by express night and day to the Governor of New Hampshire.
Colonel Allen then proceeded to'Exeter. On his way through the State,
he found the people extremely enraged against Vermont, both on ac-
1 Now Sullivan and Cheshire counties, N. H.
Collisions in the Eastern and Western Unions. ^ 349
count of her supposed connexions with the British in Canada, and for
extending her claims, so much to the injury of that State, that, in fact,
very little stimulus would raise the people to a civil war, which was his
duty and inclination, if possible, to prevent. These ciicumstances made
him apprehensive it might be difficult to gain the necessary information.
When he arrived, and being acquainted with the late Major General
Fulsom,1 who was Commandant of all the militia of that State, and had
been friendly to Vermont, Colonel Allen, on his arrival, found means
immediately to have a private interview with him, by which he learnt,
that two days before the court had determined to raise a sufficient mili-
tary force to assist the civil power to carry into effect the laws of the
State to Connecticut River; that the day before a copy of Governor
Chittenden's orders to Lieutenant Governor Payne had been delivered
to Mr. Weare, purporting a determination to repel force by force; this
had occasioned a delay in issuing said orders; for if the militia to the
west of Connecticut River were to cross and oppose the authority of
New Hampshire, it would provoke a civil war. Under these circum-
stances, what further order the Court would take was yet undetermined.
This interview was agreed to be kept a profound secret till all disputes
were settled between the contending States.
Colonel Allen waited on the President and Council, and delivered his
credentials, but the President and Council received him coolly; appeared
not inclined to make any stipulations whatever respecting Vermont.
Indeed their countenance, &c. seemed to whisper, this is the man that
has carried on the neijociations with the British in Canada, that produced
Lord George Germain's instructions to Sir Henry Clinton, &c. purport-
ing an intention of Vermont's being a British colony; he has before
learned our secrets and profited thereby; he is a dangerous man, and we
must unite and guard against him. No information could be obtained
from any member of the Legislature, notwithstanding Mr. Allen was
intimately acquainted with many of them.
While Colonel Allen was thus endeavouring to reconcile matters, Gen-
eral Enos and William Page, Esq; arrived with a letter from Lieutenant
Governor Payne to President Weare, enclosing the copy of Governor
Chittenden's orders to him, informing Mr. Weare that it was his wish
to avoid the horrors of civil war, but before the people who had united
with Vermont, and were under her protection, should be subjected by
any hostile operation of New Hampshire, they would spiritedly oppose
her, and that New Hampshire must be responsible for the consequences.
These gentlemen were authorized to assist Colonel Allen in his lauda-
ble endeavours to restore harmony. Mr. Page, who had been active in
opposing the laws of New Hampshire, and lived on the east side of Con-
necticut river, was immediately arrested and confined in gaol, as might
have been reasonably expected; thus, spirited measures were pursuing
on all sides, while no negociation could be entered into by the united
exertions of the Agents of Vermont, nor could they learn wrhat deter-
mination the Court had, or would probably come to; all was a profound
secret.
1 Gen. Nathaniel Folsom was born at Exeter, N. H., and died there
May 26 1790. He distinguished himself in the French war, was Brig.
General of the New Hampshire forces at the siege of Boston in 1775,
and subsequently Maj. Gen. of New Hampshire militia. He wTas a mem-
ber of the Continental Congress in 1774-5 and 1777-80, and president of
the convention which adopted the constitution of New Hampshire. —
Drake's Dictionary of American Biography.
350 Appendix ff.
In this situation, Colonel Allen engaged a lady to gain for him the re-
quisite information, which she effected, and informed him of the time
when the business would finally be discussed and determined in the
general Court, by botli houses in grand Committee.
When the Court convened on this subject, Colonel Allen went into the
lobby, and began to write a memorial to the Legislature of New Hamp-
shire. In the mean time he heard the debates, and that the Court de-
termined on appointing an Agent to take the advice of Congress previ-
ous to any hostile measures. Colonel Allen took hisjeave of General
Enos and Mr. Page; on his return he wrote to Lieutenant-Governor
Payne and the Members of Council on the east side of the mountain,
requesting them to attend in Council at Arlington, [on the 10th of Jan-
uary 1782,] to hear his report, and take such further steps as might be
thought proper.
Correspondence between Gov. Chittenden and Gen. Wash-
ington on Vermont Affairs— Nov. 1781 and Jan. 1782.
Gov. Chittenden to Gen. Washington. ]
State of Vermont, Arlington, 14th November, 1781.
Sir: — The peculiar situation and circumstances with which this state
for several years last past has been attended, induce me to address your
excellency ou a subject, which nearly concerns her interest, and may
have its influence on the common cause of the states of America.
Placing the highest confidence in your excellency's patriotism ifi the
cause of Liberty, and disposition to do equal right and justice to every
part of America, who have by arms supported their rights against the
lawless power of Great Britain, I herein transmit the measures by which
this state has conducted her policy for the security of her frontiers; and
as the design and end of it were set on foot, and have ever since been
prosecuted on an honorable principle (as the consequences will fully
evince,) I do it with full' confidence that your excellency will not improve
it to the disadvantage of this truly patriotic, suffering state; although
the substance has already been communicated by Captain Ezra Heacock,
employed by Major-Gen. Lincoln, by your excellency's particular direc-
tion, and who arrived here with the resolutions of Congress of the 7th
of August last, which appeared in some measure favorable to this state.
I then disclosed to him the measures this slate had adopted for her
security, which I make no doubt have by him been delivered to your ex-
cellency; and, though I do not hesitate that you are well satisfied of the
real attachment of the government of this state to the common cause, I
esteem it nevertheless my duty to this state, and to the common cause
at large, to lay before your excellency, in writing, the heretofore critical
situation of this state, and the management of its policy, that it may
operate in your excellency's mind as a barrier against the clamorous as-
persions of its numerous, and in many instances, potent adversaries.
It is the misfortune of this state to join on the province of Quebec
and the waters of the Lake Champlain, which affords an easy passage for
the enemy to make a descent with a formidable army on its frontiers,
and into the neighborhood of the several states of New York, New
Hampshire, and Massachusetts, who have severally laid claims in part
or in whole, to this state, and who have used every art which they could
1 Correspondence of the Revolution, Letters to Washington, Vol. in, p.
440; Early History, pp. 500-503; Life of Chipman, p. 384.
Collisions in the Eastern and Western Unions. 351
devise to divide her citizens, to set congress against her, and finally to
overturn the government and share its territory among them. The
repeated applications of this state to the Congress of the United States
to be admitted into the federal union with them, upon the liberal princi-
ples of paying a just proportion of the expenses of the war with Great
Britain, have been rejected, and resolutions passed ex parte tending to
create schisms in the state, and thereby embarrass its efforts in raising
men and money for the defense of her frontiers, and discountenancing
the very existence of the state. Every article belonging to the United
States, even to pickaxes and spades, has been by continental commissa-
ries ordered out of this state, at a time when she was erecting a line of
forts on her frontiers. At the same time the state of New York evacu-
ated the post of Skenesborough for the avowed purpose of exposing this
state to the ravages of the common enemy.
The British officers in New York, being acquainted with the public
disputes between this and the claiming states, and between Congress
and this state, made overtures to Gen. Allen, in a letter, projecting that
Vermont should be a colony under the crown of England, endeavouring,
at the same time, to draw the people of Vermont into their interest.
The same day Gen. Allen received this letter (which was in August [or
last of July] 1780,) he laid it before me and my council, who, under the
critical circumstances of the state, advised that no answer, either oral or
written, should be returned, and that the letter should be safely depos-
ited till further consideration, to which Gen. Allen consented. A few
months after, he received a second letter from the enemy, and the same
council advised that Gen. Allen should send both letters to Congress in-
closed in a letter under his signature; which he did, in hopes that Con-
gress would admit Vermont into the Union; but they had not the de-
sired effect.
In the fall of the year 1780, the British made a descent up the Lake
Champlain, and captured the Forts George and Anne, and appeared in
force on the lake. This occasioned the militia of this state, most gene-
rally, to go forth to defend it. Thus the militia-were encamped against
the enemy near six weeks, when Gen. Allen received a flag from them,
with an answer to my letter dated the preceding July to Gen. Haldi-
mand, on the subject of an exchange of prisoners. The flag delivered a
letter to Gen. Ailen, from the commanding officer of the enemy, who
were then at Crown Point, with proposals for a truce with the state of
Vermont, during the negotiating the exchange of prisoners. General
Allen sent back a flag of his to the commanding officer of the British,
agreeing to the truce, provided he would extend the same to the frontier
posts of the state of New York, which was complied with, and a truce
took place, which lasted about three weeks. It was chiefly owing to the
military prowess of the militia of this state, and the including the state
of New York in the truce, that Albany and Schenectady did not fall a
sacrifice to the ambition of the enemy that campaign.
Previous to the retiring of the enemy into winter quarters, Col. Allen
and Major Fay were commissioned to negotiate the proposed exchange
of prisoners. They proceeded so far as to treat with the British commis-
sioners on the subject of their mission, during which time they were in-
terchangeably entertained with politics, which they treated in an affable
manner, as I have been told. But no cartel was settled, and the cam-
paign ended without the effusion of blood.
The cabinet council, in the course of the succeeding winter, finding
that the enemy in Canada were about seven thousand strong, and that
Vermont must needs be their object the ensuing campaign, circular let-
ters were therefore sent from the supreme executive authority of this
352 Appendix H.
state to the claiming states before mentioned, demanding of them to re-
linquish their claims to this state, and inviting them to join in a solid
union and confederation against the common enemy. Letters were also
sent to your excellency and to the states of Counecticut and Rhode Isl-
and. Each of these letters stated the extreme circumstances of this
state, and implored their aid and alliance, giving them withal to under-
stand, that it was out of the power of this state, to lay in magazines, and
support a body of men, sufficient to defend this state against the force
of the enemy. But to these letters there has been no manner of answer
returned.
From all which it appeared that this state was devoted to destruction
by the sword of the common enemy. It appeared to be the more unjus-
tifiable, that the state of Vermont should be thus forsook, inasmuch as
her citizens struck the first offensive blow against British usurpation, by
putting the continent in possession of Ticonderoga, and more than two
hundred pieces of cannon; with Crown Point, St. Johns, and all Lake
Champlain; their exertions in defeating Gen. Carleton in his attempt to
raise the siege of St. Johns; their assisting in penetrating Canada; their
valor in the battles of Hubbardton, Bennington, and at the landing near
Ticonderoga; assisting in the capture of Gen. Burgoyne; and by being
the principal barrier against the power of the enemy in Canada ever
since.
That the citizens of this state have by nature an equal right to liberty
and independency with the citizens of America in general, cannot be
disputed. And that they have merited it from the United States by
their exertions with them in bringing about the present glorious revolu-
tion, is as evident a truth as any other, which respects the acquired right
of any community.
Generosity, merit, and gratitude, all conspire in vindicating the inde-
pendence of Vermont. But notwithstanding the arguments, which have
been exhibited in sundry pamphlets in favor of Vermont, and which
have been abundantly satisfactory to the impartial part of mankind, it
has been in the power of her external enemies to deprive her of union,
confederation, or any equal advantage in defending themselves against
the common enemy.
The winter was "thus spent in fruitless attempts to form alliances, but
no advantages were procured in favor of this state, except that Massa-
chusetts withdrew her claim, on condition that the United States would
concede the independence of Vermont; but that if they would not, they
would have their snack at the south end of its territory. Still New
York and New Hampshire are strenuously opposed to the independence
of Vermont: and every stratagem in their power, to divide and subdi-
vide her citizens, are exerted, imagining that their influence in Congress
and the certain destruction, as they supposed, of the inhabitants of this
state by the common enemy, could not fail of finally accomplishing their
wishes.
In this juncture of affairs, the cabinet of Vermont projected the ex-
tension of their claim of jurisdiction upon the states of New Hampshire
and New York, as well to quiet some of her own internal divisions occa-
sioned by the machinations of those two governments, as to make them
experience the evils of intestine broils, and strengthen this state against
insult. The legislature, accordingly, extended their jurisdiction to the
eastward of Connecticut river to the old Mason line, and to the west-
ward to Hudson's river; but, in the articles of Union, referred the deter-
mination of the boundary lines of Vermont, and the respective claiming
states, to the final decision of Congress, or such other tribunal as might
Correspondence between Chittenden and Washington, 353
be mutually agreed on by the contending governments.1 These were
the principal political movements of the last winter.
The last campaign opening with a gloomy aspect to discerning citi-
zens of this state, being destitute of adequate resources, and without any
alliance, and from its local situation to Canada, obliged to encounter the
whole force of that province, or give up its claim to independence and
run away, Vermont being thus driven to desperation by the injustice of
those who should have been her friends, was obliged to adopt policy in
the room of power. And on the first day of May last, Col. Ira Allen
was sent to Canada to further negotiate the business of the exchange of
prisoners, who agreed on a time, place, and other particulars relating to
an exchange. While he was transacting that business, he was treated
with great politeness and entertained with political matters, which ne-
cessity obliged him to humor in that easy manner that might save the
interest of this state in its extreme critical situation, and that its conse*
quences might not be injurious to the United States. The plan sue*
ceeded, the frontiers of this state were not invaded; and Lord George
Germaine's letter wrought upon Congress and procured that from them,
which the public virtue of this people could not.
In the month of July last, Maj. Joseph Fay was sent to the British
shipping, on Lake Champlain, who completed an exchange of a number
of prisoners, who were delivered at Skenesborough in September last;
at which time and place Col. Allen and Maj. Fay had a conference with
the British commissioners. And no damage, as yet, had accrued to this,
or the United States from this quarter. And in the month of October
last, the enemy appeared in force at Crown Point, and Ticonderoga; but
were manoeuvred out of their expedition, and are returned into winter
quarters in Canada, with great safety, that it might be fulfilled which
was spoken by the prophet, ' I will put my hook in their nose and turn
them back by the way which the}r came, and they shall' not come into
this city (alias Vermont) saith the Lord.'
It remains that I congratulate your excellency, and participate with
you in the joy of your capturing the haughty Cornwallis and his army;
and assure your excellency that there are no gentlemen in America, who
enjoy the glorious victory more than the gentlemen of this state, and
him who has the honor to subscribe himself your excellency's devoted
and most humble servant, Thomas Chittenden.
Gen. Washington to Thomas Chittenden.
Philadelphia, 1 January, 1782.
Sir: — I received your favor of the 14th of November, by Mr. Brown-
son. You cannot be at a loss to know why I have not heretofore, and
why I cannot now, address you in your public character, or answer you
in mine; but the confidence, which you have been pleased to repose in
me, gives me an opportunity of offering you my sentiments, as an indi-
vidual wishing most ardently to see the peace and union of his country
preserved, and the just rights of the people of every part of it fully and
firmly established. It is not my business, neither do I think it necessary
1 As Vermont utterly refused to submit the question of her indepen-
dence to Congress, she really had nothing to submit, under the resolu-
tion of Sept. 24 1779, until the East and West Unions had been effected.
By these, questions of boundary were created, which Vermont was will-
ing to refer to Congress.
a Life and Writings, Vol. vm, p. 220.
24
V
354 Appendix H.
now, to discuss the origin of the right of a number of inhabitants to that
tract of country, formerly distinguished by ' the name of the New
Hampshire Grants, and now known by the name of Vermont. I will
take it for granted that their right was good, because Congress by their
resolve of the 7th of August imply it, and by that of the 21st1 are willing
to confirm it, provided the new state is confined to certain prescribed
founds. It appears therefore to me, that the dispute of boundary is the
only one which exists, and that, this being removed, all further difficulties
would be removed also, and the matter terminated to the satisfaction of
all parties. Now I would ask you candidly whether the claim of the
people of Vermont was not for a long time confined solely, or very
nearly, to that tract of country which is described in the resolve of Con-
gress of the 21st of August last, and whether, agreeably to the tenor of
your own letter to me, the late extension of your claim upon New
Hampshire and New York, was not more of a political maneuver, than
one in which you conceived yourselves justifiable. If my first question
be answered in the affirmative, it certainly bars your new claim; and, if
my second be well founded, your end is answered, and you have nothing
to do but withdraw your jurisdiction to your old limits, and obtain an
acknowledgment of independence and sovereignty, under the resolve of
the 21st of August, for so much territory as does not interfere with the
ancient established boundaries of New York, New Hampshire, and
Massachusetts. I persuade myself you will see and acquiesce in the
reason, the justice, and indeed the necessity of such a decision. You
must consider, sir, that the point now in dispute is of the utmost political
importance to the future union and peace of this great country. The
State of Vermont, if acknowledged, will be the first new one admitted
into the confederacy, and, if suffered to encroach upon the ancient estab-
lished boundaries of adjacent ones, will serve as a precedent for others,
which it may hereafter be expedient to set off", to make the same unjusti-
fiable demands. Thus, in my private opinion, while it behoves the
delegates of the states now confederated to do ample justice to a body
of people sufficiently respectable by their numbers, and entitled by other
claims to be admitted into that confederation, it becomes them also to
attend to the interests of their constituents, and see, that, under the
appearance of justice to one, they do not materially injure the rights of
others. I am apt to think this is the prevailing opinion of Congress,
and that your late extension of claim has, upon the principles I have
above mentioned, rather diminished than increased the number of your
friends, and that, if such extension should be persisted in, it will be made
a common cause, and not considered as only affecting the rights of the
states immediately interested in the loss of territory, a loss of too serious
a nature not to claim the attention of any people. There is no calamity
within the compass of my foresight, which is more to be dreaded, than a
necessity of coercion on the part of congress; and consequently every
endeavor should be used to prevent the execution of so disagreeable a
measure. It must involve the ruin of that state against which the
resentment of the others is pointed.
I will only add a few words upon the subject of the negotiations which
have been carried on between you and the enemy in Canada and in
New York. I will take it for granted, as you assert it, that they were
so far innocent, that there never was any serious intention of joining
Great Britain in their attempts to subjugate your country; but it has
this certain bad tendency: it has served to give some ground to that
delusive opinion of the enemy, upon which they in a great measure
1 Commonly styled the resolutions of August 20.
Defense of the Eastern and Western Unions. 355
found their hopes of success. They have numerous friends among us,
who only want a proper opportunity to show themselves openly, and
that internal disputes and feuds will soon break us in pieces; at the
same time the seeds of distrust and jealousy are scattered among our-
selves by a conduct of this kind. If you are sincere in your professions,
these will be additional motives for accepting the terms, which have
been offered, and which appear to me equitable, and thereby convincing
the common enemy that all their expectations of disunion are vain, and
that they have been worsted in the use of their own weapon, — deception.
As you unbosomed yourself to me, I thought I had the greater right
of speaking my sentiments openly and candidly to you. 1 have done so;
and if they should produce the effects which I sincerely wish, that of an
honorable and amicable adjustment of a matter, which, if carried to
hostile length, may destroy the future happiness of my country, I shall
have attained my end, while the enemy will be defeated in theirs.
Believe me to be, with gr't resp't, sir, &c, Geo. Washington.
Gen. Washington to Gen. Schuyler. — [Extract.]
Jan. 8, 1782. Enclosing his letter to Chittenden of the 1st, and
requesting Schuyler to have it carefully transmitted, Washington added:
This letter I have shown to a number of my friends, members of Con-
gress and others, and they have advised me to write to Mr. Chittenden
in my private character, give him my opinion upon the unjustifiableness
of the extension of their claim, and advise them to accept the terms
offered by the resolve of last August. This I have done fully and forci-
bly, and perhaps it may have some effect upon Mr. Chittenden and the
leaders in Vermont. I would wish you to keep the purport of this to
yourself, as I do not wish to have my sentiments publicly known.1
Defense of the Eastern and Western Unions.
Jan. 11 1782, Lieut. Gov. Payne, Bezaleel Woodward, Ethan Allen,
John Fassett jr. and Matthew Lyon were appointed by a resolution of
the Governor and Council " to make a draft of the political affairs of this
state to be published;" which resulted in the following pamphlet:1
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. Hartford [Conn.] Printed
by Hudson & Goodwin, m.dcc.lxxxii.
IT has ever been the practice of the people of Vermont from their first
settlement of this disputed territory, to appeal to the impartial judg-
ment of the public as to the justice of their cause, against the claims and
1 Washington's Letters, in State Department.
1 The original draft of this pamphlet was printed, from the manuscript
Ethan Allen Papers, in the second volume of Vt. Hist. Soc. Collections,
p.p. 231-239. The argument was re-written and enlarged for the press.
Though the committee consisted of five, the authorship is doubtless to
be assigned to Ethan Allen. It will be observed, on p. 362, that the
writer used the first person singular: " but I advize them," &c.
356 Appendix H.
demands of contiguous governments to the jurisdiction and right of soil of
this territory, and their natural and inherent right to form into a political
society, and emancipate into a regular constituted government, as well to
rid themselves from the inconveniences and evils inseparable from a
state of nature and anarchy which they had long laboured under, as, to
exempt themselves from the usurpation and iron rod of the government
of New-York. In those matters the public have most generally favored
Vermont with their approbation, but how comes it to pass that Vermont
has laid claim to the New-Hampshire Grants East of Connecticut River,
to the old Mason line, and to a district of territory to the westward of
the New-Hampshire Grants (which had been granted and settled by the
former government of New- York) as far to the west as the centre of Hud-
son's river.
The reasons which induced Vermont to thus extend her jurisdiction,
are too prolix to be particularly given in this small publication, and
therefore, the bulky part of them, are proposed to be shortly printed in
a larger pamphlet; however to observe briefly, it is well known that the
government of New-York, both before and since the late revolution,
have claimed the jurisdiction and soil of the land comprehended in the
territory over which Vermont first erected and extended its governmen-
tal jurisdiction, viz. from within about twenty miles east from Hudson's
River, to Connecticut River, bounding Northerly on the 45th degree of
latitude, and Southerly on the north line of the Commonwealth of Mas-
sachusetts.
For the space of near fifteen years previous to the commencement of
the present war, the inhabitants of that territory, for a variety of reasons
heretofore published, were in opposition to the jurisdiction of New-
York, and great part of the time in arms, against the oppressions, laws
and authority of that government, within the said territory; for the sub-
sequent grantees under New-York at law challenged the lands and la-
bours of the inhabitants who had previously purchased and settled the
lands under the government of New-Hampshire.
During those conflicts with the government of New-York, a great
plurality of proclamations were at different periods given out by the re-
spective Governors of New-York, for the express purpose of apprehend-
ing, and (as they phrased it) to bring to condign punishment, those delin-
quent inhabitants, and large rewards were 1 herein offered for that pur-
pose, so that great part of the inhabitants had, at one time or other,
become obnoxious to those proclamations, either as original actors or as
accomplices.
The last memorable transactions of the government of New- York,
prior to its revolution (from a province to a State) towards those inhabi-
tants, was the passing twelve acts of outlawry against them which had
the sanction of their legislative body, which wholly precluded them from
the privilege of governmental protection, and amounted to a positive
declaration of war against them; upon which the inhabitants of the said
district (then called the New-Hampshire Grants) by the authority of
their then leaders, published a declaration of a defensive war against the
government of New- York, but the present revolution commencing pro-
crastinated the decision of the dispute at arms, as both parties entered
the list of opposition to the assumed prerogative of the parliament of
Britain over the then colonies.
The United States declared their independence the 4th day of July
1776, and Vermont announced theirs the 15th day of January next fol-
lowing.
The 22d day of August 1778, the State of New-Hampshire made a
demand on the State of Vermont of a relinquishment of the jurisdiction
Defense of the Eastern and Western Unions. 357
of the New-Hampshire Grants to the eastward of Connecticut river and
to the westward of the old Mason line,1 over which, at that time, Ver-
mont had begun to exercise jurisdiction, supposing that the whole of
these Grants, on both sides of Connecticut river, had a right to unite in
one entire State, in consequeuce of the annihilation of Kingly power,
which alone had connected the Grants east of Connecticut river and
west of the Mason line to New-Hampshire, and the Grants west of Con-
necticut river to New- York, as by the royal adjudication of their bound-
ary line on Connecticut river in 1764, in the determination of which the
inhabitants of those Grants were unknowing and wholly passive; and
all the pretensions which the Governors of New-York and New-Hamp-
shire ever had from the crown of England, to any jurisdiction over
those Grants, were derived in their commissions pointing out their
boundaries of jurisdiction, or to some regal decree of the King, as that
of 1764; which the State of New-Hampshire principally urged, as a rea-
son why Vermont should recede from their claim of jurisdiction to the
east of Connecticut river, for there was no other way of ascertaining the
bounds of any of the United States but by the lines formerly established
by the English government; their words are these,
" Were not those towns " east of Connecticut river " settled and culti-
vated under grants from the Governor of New-Hampshire; are they
" not in the lines thereof as settled by the King of Great Britain, prior
" to the present sera ? Is there any ascertaining the boundaries of any
w of the United States of America, but by the lines formerly established
" by Great Britain V I am sure there is not."
Though this reasoning was not fully satisfactory to Vermont, viewing
the whole matter on a large scale, yet as they were previously engaged
in a spirited controversy with the State of New-York, the legislature of
Vermont complied with the demand of New-Hampshire, and on the 12th
day of February 1779 relinquished their claim of jurisdiction to the New
Hampshire Grants to the eastward of Connecticut river.
The prolixity of the transactions between the respective States of
New-Hampshire and Vermont, in the settlement of their boundary line
on Connecticut river, will not admit it a place in this, but may be seen
at large in a pamphlet entitled " A concise Refutation of the claims of
New-Hampshire and Massachusetts-Bay to the Territory of Vermont."2
In March, 1779, the legislature of New-Hampshire proposed the laying
of their jurisdictional claim to the whole of the New-Hampshire Grants,
which included the State of Vermont, against which Vermont strenu-
ously remonstrated at the General Court of New-Hampshire, but to no
purpose. They violated their settlement of the boundary line, which
a few months before had been amicably settled between them and the
State of Vermont (as before mentioned) and laid claim to the State of
Vermont, breaking over the royal line of 1764 aforesaid, although that
line had been the principle predicate of their arguments with Vermont,
to relinquish their claim to the Grants east of Connecticut river, and by
which they enforced their right of jurisdiction to the same, and which,
upon their own principle, operates with equal weight against their claim
to the Grants to the westward of the same river, alias, of the said royal
line. But it seems that New-Hampshire will make something, any-
thing, or nothing, not only with the line of 1764, but with the line which
(previous to their claim of the jurisdiction to the territory of Vermont)
1 See Vol. i, p. 276; Vt. Hist. Soc Collections, Vol. n, p. xxvii, and au-
thorities there cited.
1 See Appendix B,
358 Appendix H.
their government had adjusted with that of Vermont, just as their fancy
and ambition may prompt them.
New-Hampshire having laid claim to the State of Vermont, united
her efforts with the State of New-York to ruin and overturn the juris-
diction thereof, and began to sow discord and make divisions, on the
east side of the Green Mountains and west of Connecticut river; in-
veigling some of the inhabitants to renounce their allegiance to Ver-
mont and connect with New-Hampshire, while New-York were as
industrious in seducing others on the west side of the mountains, to
unite with them, but met with less success than their eastern ally. Their
joint influence in the Congress of the United States was so great, that
they procured from them, on the 24th day of September, 1779, a resolve,
appointing the first day of February then next, to adjust the claims of
those States to the territory of Vermont, with a proviso that they would
enact laws impowering Congress to do it, which they accordingly did,
and the inhabitants of the New-Hampshire Grants (in the language in
that case adopted) were served with a copy of that resolution. But Ver-
mont remonstrated against the jurisdictional right of Congress to deter-
mine their independence which had been previously established by the
authoiity of the people of the territory of Vermont, whose right it was
to constitute and organize government, and though those claiming States
did not succeed, in procuring of Congress a recognizance of their said
jurisdictional claims, or either of them, over the said territory, they nev-
ertheless prevented this State from a federal union with the United
States to this day, in consequence whereof this State has been exposed
to the whole force of the enemy in Canada, without any alliances [with
the neighboring states.]
In December. 1780, Vermont, with written proposals from its supreme
executive authority, accompanied by a special agent, solicited those
claiming States, and each and every of the New England States, for an
alliance against the common enemy, but no answer was returned from
any or either of them: In this critical situation Vermont was solicited,
by two respectable districts of inhabitants, one from each of those claim-
ing States which lay contiguous to the east and west side of it, to be ad-
mitted into union and governmental connection with them, as well to
enjoy the privileges of their constitution and laws as by them together
with their own mutual assistance to be protected from the common
enemy. The legislature of Vermont, taking into their serious conside-
ration the perplexed and embarrassed circumstances of the State, occa-
sioned partly from its local situation to Canada, and partly by the designs
and influence of those claiming States, and perceiving it was through
their united efforts that this State were precluded a union with the Uni-
ted States, and that they made and fomented schisms among her citizens,
and as their numbers and resources were inadequate to oppose the ene-
my's force in Canada, with a rational prospect of success, and that a
union with those contiguous districts would augment their strength, and
enable them to make a much better defence against the enemy, and heal
those internal divisions among themselves, and give those litigious
claiming States to experience the evils of intestine broils, which they
had prepared for Vermont: Further considering that these districts, now
called the east and west unions, had been principally defended by this
State ever since the surrendery of the British army by Gen. Burgoyne,
and that those districts had been neglected as to their defence from the
common enemy, by the States to which they had previously yielded alle-
giance, more particularly the western district, which this State have rea-
son to conclude was done by New-York, partly with design to lay them
more exposed to the common enemy. That the inhabitants of those dis-
Defense of the Eastern and Western Unions, 359
tricts were, by natural situation to the waters of the northern lakes, and
exposedness with the inhabitants of the old territory of Vermont to the
incursions of the enemy from Canada, which in this or in future wars
would render it expedient and best that they should belong to this State,
as well as more remotely so to the United States, as it will make a strong
barrier against Canada. But be it in future as it will, at present, self-
preservation and mutual defence rendered it indispensably necessary,
that the inhabitants of those districts, with those of the old territory,
should unite in one entire State, and accordingly, on the 14th day of
February 1781, the legislature of Vermont laid a jurisdictional claim to
them, in consequence of which they became incorporated into this
State.
Nor have the States of New- York or New-Hampshire, or either of
them, upon the stating of their own claims, any more right of complaint
against Vermont for forming the late Unions than in forming govern-
ment within its first limits; forasmuch as they denominate the whole of
Vermont, unions and all, a usurped government,' and call its inhabitants
their revolted subjects, and threaten the subjugation of them. How-
ever, it is in no ways probable that Vermont would have laid a jurisdic-
tional claim to any part of the jurisdiction of those claiming states, had
they not persisted in the prosecution of their unreasonable claims against
the independence of this state. Though it is observable, that neither
the old territory, or either of its unions, were ever included in any grant
or charter from the crown of England, to either of the governments or
people of New-Hampshire or New-York, or to their predecessors; but
were extra provincial land, without the limits of any original juris-
diction whatever, but was altered from one jurisdiction to another by the
sovereign mandates of the king of Great Britain. But if those royal
mandates are admitted at this day to be binding, as giving validity to
jurisdictional lines; that to his Excellency Governor Philip Skeen, from
the same authority, [should be,] which was the best of the sort which af-
fected the old disputed territory of Vermont and its western union, over
which it vested him with jurisdictional authority, and which on the posi-
tion of the validity of royal traditions and boundaries, would fatally ope-
rate against the claim of the State of New-York, and wholly frustrate the
arguments deduced from the kingly settlement of their boundary line
with New-Hampshire of 1764 aforesaid.
The written express condition upon which Vermont admitted those
unions was, that provided that Vermont should be admitted into the
fcederal union with the United States, Congress should determine its
boundaries (alias its unions) agreeable to the mode prescribed by the
Articles of Confederation of the United States.
On the 22d of August last, Congress proposed that Vermont should
exclude or nullify their said unions, and then be admitted into the foed-
eral union of the United States. But why did not the legislature of
Vermont at their sessions in October last dissolve their said unions and
end the controversy as Congress proposed ? It was not in their power to
do it; the previous conditions of dissolving the unions were impossible,
as the inhabitants of those unions were in the most solemn manner ad-
mitted to all and singular of the privileges and protections of govern-
ment, in common with those other citizens who first erected it. The
faith of government was pledged for their security, and they became in-
corporated into the same political body, and composed a respectable part
of its legislature. Previous to the forming of those unions, had Con-
gress proposed a union of Vermont with the United States, bonfires and
public rejoicings would have been displayed as testimonies of their grat-
itude to Congress, and its legislative body would have unitedly complied
360 Appendix H*
with it.1 Notwithstanding the good intention of Congress, had Vermont
abandoned their unions to the vindictive ra»e of New-York and New-
Hampshire, had it been in their power, would have been to their indelli-
ble and eternal reproach. Had the legislature of Vermont attempted a
dissolution of their unions, it would have flung them, and consequently
the whole state, into such intestine broils, that they would have fell an
easy prey to their watchful competitors, viz. New-York & New-Hamp-
shire, and not only be damn'd and tantaliz'd over by them, but spurn'd
and derided by the New-England States, to whom they have granted a
large quantity of land, and incorporated it into townships.
The legislature of the State of New- York, at their late session, renewed
their claim to the property and sovereignty of the lands of Vermont, as
far to the Eastward as Connecticut river," and to latitude forty-five de-
grees north; and remonstrated against the said resolution of Congress
of the 22d [20th] of August last — and also against the authority of Congress
to determine the Independence of Vermont, which they predicate on the
articles of their confederation. So that what effect this peremptory re-
monstrance, grounded on former compacts, would have had with Con-
gress, relative to the admittance of this State into the union of the
United States, provided Vermont were disencumbered of its unions, is
uncertain, though most probable it would have prevented it. Congress
may now, if they think proper, admit Vermont into union, and then de-
termine its boundaries, or which is the same thing, its unions, agreea-
ble to the condition upon which the unions took place, so that it is in the
power of Congress, by taking Vermont into union with the United
States, legally to dissolve the unions if they think best; but not in the
power of the legislature of Vermont to do it. The legislative body of
Vermont at their session in October last, proposed to the legislatures of
the States of New- York and New-Hampshire, to refer the disputes rela-
tive to their respective boundary lines, to Ihe final arbitrament and de-
cision of indifferent men, and pledged the faith of government to abide
their determination; which proposals were officially transmitted to both
of those States, but no manner of answer has been returned to this State
— And why ? the cause is very obvious ; for had those States complied
with the proposals of this [State], they must have necessarily surceased
their respective claims to the old territory of Vermont (an object too
dear to them to part with) for there could be no arbitration without par-
ties, and no parties without Vermont was admitted to be a state, which
would have been implicitly acknowledged by those states, by arbitrating
on its boundaries. But queries may arise in the minds of the reader,
Was it honest in Vermont to extend their jurisdiction upon the States
of New- York and New-Hampshire ? Previous to the solution of this
question, it is requisite to determine whether honesty is trumps or not.
Sharp is the word. Each of those states had in the first place laid their
respective claims to the old territory of Vermont; and though Vermont,
prior to extending its claims, had earnestly solicited them to surcease
their claim to Vermont — accede to their independence, and make an
alliance with them against the common enemy, which proposals were
officially transmitted to those States: But no; they would return no an-
swer to revolted subjects — Let them struggle in their insignificant
1 These statements may be taken in the sense that a majority of the As-
sembly could not at the time be obtained. In Belknap's History of
New Hampshire it was asserted that the dissolution of the unions was
finally secured by taking advantage of the absence of the representa-
tives in the eastern [New Hampshire] district. — See ante, p. 346.
Defense of the Eastern and Western Unions. 361
notions of independence, they will answer as a forlorn hope to secure
the liege subjects of New- York and New-Hampshire; they are nicely
situated to Canada, and when the war is terminated, if any of them re-
main alive, we old confederated States can easily subject them; but if we
think it most prudent, we have a right to call on the whole confederacy
of the United States to crush them; so that at most they are but our
vassals, and cheag'd [cheated] with imaginary prospects of liberty (a
thing greatly talked of in this world and but little enjoyed) will go
through the hazards and fatigues of that exposed part of our frontiers
better than as though they had some time past been subjugated, which
we old and politic states can do any time when it best serves our pur-
poses; we know the length of the tether and can shorten it when we
please, and have some time since divided their territory between us; we
have them snug enough, and scorn to answer any of their proposals.
This is the language of their silence and of their claims; so that the
question concerning Vermont's unions, is not so much whether it accords
with old homespun honesty, as whether it is politically so; or in fine,
whether it was honest for Vermont in their trying circumstances to make
any accessions of power against the avowed coercive designs of those
states, or the common enemy. Before we leave this subject, we will
query whether it was not as honest in this state to lay a jurisdictional
claim to the grants east of Connecticut river, as it was for New-Hamp-
shire previously to break over the mutual settlement of their boundary
line with Vermont on Connecticut river, and lay claim to the then whole
territory of Vermont. So much for honesty.
But, say the enemies to the independence of Vermont, why was there
but little or no fighting between them and the enemy in Canada last
campaign ? Surely there is some negotiation taking place between them
inimical to the United States of America— Rouse the whole confederacy
and destroy Vermont. But why, what evil have they sustained from the
northward ? Have the enemy been permitted to pass through Vermont
to invade the United States ? No, not yet: but it is going to be done —
So is the last trumpet going to sound, but not yet, and it is more than
probable that neither of these events will take place in our days. But
how came all this jealousy and talk in America ? It was undoubtedly
first promoted by those who were impatient that the inhabitants of this
State should have been destroyed by the common enemy (or by weak
and self-conceited politicians which are apt to swarm in republican gov-
ernments.)—To the former it is a mystery that Vermont yet lives; they
think that having prevented its union wilh the United States it must
have terminated in their destruction: and inasmuch as they are at a loss
about these and those things, it may be best that they remain so: This
publication is by no means meant to open their eyes, but leaves them to
grope in the dark, conjecturing what to their depraved ideas of politics
appears most eligible.1 However, there are murmurs circulated that the
whole confederacy of the United States will join and extirpate Vermont,
1 The policy, which had been adopted in self-defense, would have been
defeated by the people of Vermont had the proposals of Gen. Haldimand
been submitted for their approval. Hence in this pamphlet, and in the
conference of the Vermont agents with the committee of Congress, that
subject was ignored as far as possible. Nevertheless it should be ob-
served that Gov. Chittenden had at an earlier date informed Washington
what the purposes of Vermont really were.— See letter of Chittenden to
Washington, Nov. 14 1781, ante, p. 350.
362 Appendix H.
which is as unlikely as that the tail of the next comet will set the world
on fire. What eminent services have Vermont done in the common
cause in the course of this war. even to those claiming States who are
devoting it to destruction, in order to take possession of the fertile terri-
tory; but as it is merely interested views which unite those claiming
States to endeavour the ruin of Vermont, which cannot be an induce-
ment to the other eleven United States; it is not supposable that they
will be duped to espouse their cause, the reward of which could be noth-
ing but infamy and disgrace. How inglorious would the victorious Con-
tinental Troops, just returned from the capture of a proud and haughty
army, with a Cornwallis, the pride of England, at their head, appear in
arms, puissantly trampling on the rights of a brave and meritorious peo-
ple, and sacrificing the liberties which they have been valiantly support-
ing; and all to corroberate the venal and ambitious designs of contro-
verting States; Heavens forbid it ! Preserve their laurels, and smile
propitiously on Vermont, who want nothing but justice should take
place between them and their competitors. Did not Vermont strike a
respectable part of the mortal blow towards capturing General Burgoyne,
which produced the alliance with France, and in the chain of causes
brought the French fleet to Chesapeake, and brought about a second
memorable sera in America. But notwithstanding what has been said
on this subject, we will premise, for it is probable, that New-York and
New-Hampshire will urge the confederacy at large to suppress Vermont,
and subject it to their jurisdiction ; but it is observable, that both of those
claiming States claim this territory against, each other; so that it will be
pre-requisitely necessary for Congress to ascertain and establish the
boundary line between those States, prior to any supposed subjugation
of Vermont to those jurisdictions, or to either of them; for otherwise
there could be no object in view in a supposed conquest of Vermont:
But after all, it would still remain a dispute who should share the con-
quest, whether New-York or New-Hampshire, or whether either of them
should extend jurisdiction over the disputed premises; or if over any
part, how far either the one or the other, or either of them, should ex-
tend jurisdiction: So that the States of New- York and New-Hampshire,
previous to the conquest of Vermont, by the confederacy of the United
States, must go through a tryal at law, agreeable to the articles of con-
federation or otherwise, in order to settle their boundary line, or else
pull off the mask and publicly own the fact, with which they stand in-
dicted by Vermont, viz. That they have some time past clandestinely
agreed upon the line of the division of that State, and so produce it to
Congress as a line mutually agreed on between themselves; but I advize
them to pretend to Congress, and to the world, that it was but very re-
cently agreed upon between them.
But why does not Vermont call on the eleven United and disinter-
ested States to espouse their cause against the oppressions of the other
two; because she does not belong to the confederacy of the United
States. But how came those claiming States to have a right to challenge
assistance from the United States, as predicated on the guarantee of
their confederation, to espouse their quarrel with the state of Vermont,
which had unremittingly existed many years with New-York and some
considerable time with New-Hampshire, before the confederacy of the
United States took place, which was on the first day of March, 1781, and
in the fourth year of the governmental independence of Vermont, and
fourteen days after Vermont had formed the before mentioned unions,
which was on the fourteenth day of February, 1781. Will any advo-
cates for the confederacy of the United States be so hardy as to pretend
that it could be in force before it existed, or that it could possibly have
Proceedings in Congress on Vermont, Dec. 1781. 363
a retrospective obligatory nature, any more than a law before it is en-
acted ? Every one will determine in the negative; and consequently the
State of Vermont, including its unions, cannot come within the reach of
the guarantee of the confederation of the eleven United States, to those
other claiming United States; nor is there any manner of propriety in
any supposable demand of any one, or both of the States of New-York
and New-Hampshire, on the guarantee of their confederacy, to interfere
with or espouse their controversy with Vermont, previous to the first
day of March last, when their confederacy took place.1
Furthermore, those claiming States, previous to Vermont's extending
their jurisdictional claims upon them, were the aggressors, in that they
unitedly and spiritedly persisted in prosecuting their respective claims
to the territory of Vermont, and made use of any and every indirect
measure in their power, to accomplish their designs and frustrate the
independence of Vermont, and thereby necessitated her to lay claim to
those unions, to preserve herself, so that if there be any wrong in Ver-
mont in laying claim to them, in itself, simply considered, New-York
and New-Hampshire were the procuring cause of it, and therefore can-
not take advantage of their own wrong to blame Vermont, or have any
rightful demand on the confederacy to assist them, so as with or without
them to ruin Vermont, who would never have made those claims on
them, had not their previous unwarrantable claims against her, occa-
sioned the laying of them.
It seems that those claiming States chuse to be at liberty to claim and
vex Vermont, and make what reprisals they can upon her, yet, if Ver-
mont return the compliment, as we vulgarly say tit for tat, they com-
plain of abuse and injustice; and she is threatened with awful desolation
from the confederacy at large, if we may credit the reports of the stick-
lers of those claiming States. Vermont does not mean to be so over-
righteous as by that means to die before her time; but for the States of
New-York and New-Hampshire, to stand griping their respective claims
fast hold of Vermont, and at the same time make such a hedious outcry
against the gripe of Vermont upon them, is altogether romantic and
laughable.
State of Vermont, January 17, 1782.
Proceedings in Congress on Vermont— Dec. 1781 to
March 1782.2
Wednesday, December 5, 1781.
A letter, of the 24th of November last, from the governor of the state
of New-York, was read, together with concurrent resolutions of the
senate and assembly of the said state, declarative of their sense on the
acts of Congress of the 7th and 20th of August last, respecting the peo-
ple residing on the New-Hampshire Grants, on the west side of Connec-
ticut river:
1 Jan. 22 1782 — contemporaneous with this pamphlet — Mr. Madison,
writing in Congress, declared that "the power of Congress, either to use
force or admit her [Vermont] into the confederacy, was doubted by
many States." — See Madison Papers, Vol. I, p. 109; Vt. Hist. Soc. Collec-
tions, Vol. ii, p. 241.
2 Journals of Congress, Fol well's edition, 1781-82, Vol. Til, p. 189.
364 Appendix H.
Ordered, That the concurrent resolutions be filed in the Secretary's
office among the archives of Congress.
On the next day Mr. Floyd of New York, seconded by Mr. Middleton
of S. C, moved to amend the foregoing record, by adding the words
" And protesting against any attempt made by Congress to carry into
execution their said acts of the 7th and 20th of August last." Five
states voted aye, and only one, Rhode Island, no; but as a majority of
the states did not vote in the affirmative the motion was lost.
The resolutions Were as follows:
[From Slade's State Papers, pp. 163-166.]
State of New-York.
In Senate and Assembly, the fifteenth and nineteenth days of Novem-
ber, in the sixth year of the independence of the said state, one thousand
seven hundred and eighty one:
Besolved, That it appears, from sufficient evidence, that Congress did,
by their act of the 24th of September, 1779, inter alia, earnestly recom-
mend to the states of New-Hampshire, Massachusetts-Bay and New-
York, to pass laws, expressly authorising Congress to hear and deter-
mine all differences between them, relative to their respective bounda-
ries, in the mode prescribed by the articles of confederation; and also,
by express laws for the purpose, to refer to the decision of Congress all
differences or disputes between them, relative to jurisdiction, which they
might, respectively, have with the people of the district, called the New-
Hampshire grants; and, also, to authorise Congress to proceed to hear and
determine all disputes subsisting between the grantees of the said states,
respecting titles to lands lying within the said district; and also, that
Congress did, thereby, pledge their faith, after a full and fair hearing of
all the said differences and disputes, to decide and determine the same,
according to equity, and carry into execution and support their deter-
minations and decisions in the premises.
- Besolved, That it appears from the like evidence, that, at the time of
passing the said act, and for above a century and an half before, to wit,
from the first settlement of the colony of New-York, now the state of
New-York, the said colony and this state included, by most indubitable
right and title, both of jurisdiction and property, all the lands, among
others to the westward therof, lying north of the north bounds of the
Massachusetts-Bay, up to the latitude of forty-five degrees north, and
extending between those boundaries, from Hudson's river to Connecti-
cut river, including the waters of the northern lakes, and other waters
within those boundaries: that the above extent of territory, which in-
cludes the district, called the New-Hampshire grants, was, by a decree
of the British King, to whom the sovereignty thereof, as parcel of the
colony of New- York, belonged, made in his Privy Council, the twentieth
day of July, one thousand seven hundred and sixty-four, between the
colonies of New-York and New-Hampshire, declared to be parcel of the
said colony of New-York: that, in consequence thereof, the government
of the colony of New-Hampshire, expressly ceded and relinquished all
claim and title of jurisdiction of the above territory: that, thereupon,
the same was, by acts of legislation of the colony of New- York, formed
into counties, and such parts thereof as were settled, were represented
in the Legislature of that colony: that they were also represented in the
Provincial Congress and Convention of this State of New-York; re-
ceived aids from them, as parcel of this State, both before and after the
declaration of the independence of these United States; assisted, by
Protest of New York, Nov. 1781. 365
their representatives, in forming the constitution of this state, and fully
submitted to the jurisdiction thereof, till in the year one thousand seven
hundred and seventy-seven.
Resolved, That it appears of record, that, notwithstanding the above
clear and conclusive evidence of right, on the part of this state of New-
York, to the territory above described, including, as aforesaid, the New-
Hampshire grants, and though the Legislature of this state might, there-
fore, consistently with the strictest justice, have asserted their dignity
and sovereignty over the district of the New-Hampshire grants; yet
they, respectfully adopting the sentiments of Congress, that it was
essential to the interest of the whole confederacy, carefully to avoid all
intestine dissensions and maintain domestic peace and good order, acqui-
esced in the submission recommended by the said act of Congress, and,
accordingly, on the 21st day of October, one thousand seven hundred
and seventy nine, passed a law of this state for that purpose.
Resolved, That it satisfactorily appears that, in consequence of said
law, the agents, thereby appointed to manage the controversy on the
part of this state, at very great public expence, collected the necessary
evidence to support the facts asserted in the second above mentioned
resolution; and that, after many and repeated delays, they were, at
length, on the nineteenth day of September, one thousand seven hun-
dred and eighty, in the presence of all the parties interested (except the
state of Massachusetts-Bay, who had not passed the necessary act of sub-
mission) indulged with an hearing before Congress; in the course of
which, such evidence as above mentioned, was produced on the part of
this state, as, in the opinion of the agents of this state, fully proved to
Congress, the several facts contained in the said second above mentioned
resolution; and that, on the twenty-seventh day of the same month, all
parties being present, (except the state of Massachusetts-Bay, and
Messrs. Allen and Bradley, agents for the people of the New-Hampshire
grants, claiming to be a separate independent jurisdiction, who, though
duly notified, then declined any further attendance) the state of New-
Hampshire, who had also submitted by their legislative act, had an hear-
ing in Congress, in support of their claim to the jurisdiction over the
district, called the New- Hampshire grants; that this state has, on their
part, fully complied with every requisite contained in the said act of
Congress, of the twenty-fourth day of September, one thousand seven
hundred and seventy-nine, and has, accordingly, from that day to this,
abstained from the grant of any lands within the said district, and also
from the exercise of jurisdiction over any of the inhabitants of the said
district, who had not acknowledged the same ; that, on the contrary, the
revolted inhabitants of the said district having arbitrarily erected them-
selves into a separate and independent state, unrecognized as such, until
this day, by this state, or the other United States, and, having framed a
government, they have passed laws, granted lands, and exercised civil
and military authority over the persons and property of those inhabi-
tants, who profess themselves to be subjects of this state, in manifest
subversion of the right of sovereignty and property of this state, and in
direct contempt and infringement of several acts of Congress: that, al-
though they had contented themselves with the exercise of jurisdiction
principally up to a line running nearly parallel to Hudson's river, at
twenty miles distant therefrom, until the month of June last: yet, at
that time, notwithstanding the censure and prohibition of Congress, and
in contempt of their recommendation and authority, by an act of their
usurped government, they extended a jurisdictional claim over all the
lands situate north of the north line of the state of Massachusetts, and
extending the same to Hudson's river, then east of the centre of the
366 Appendix H.
deepest channel of said river, to the head thereof, from thence east of a
north line, being extended to latitude forty-five degrees, and south of the
same line, including all the lands and waters to the place where the said
pretended state then assumed to exercise jurisdiction; inserting, at the
same time, in their said act, a clause not to exercise jurisdiction within
their jurisdictional claims, for the time being: that, of all these matters
Congress have been fully apprized, and though repeatedly solicited
thereto, by the delegates of this state, have not, hitherto, made any de-
cision and determination of the said controversy, according to equity, as
by their said act of the 24th day of September, one thousand seven hun-
dred and seventy-nine, they pledged themselves, and by the law of this
state they were authorized to do: that, to put an end to this delay, so in-
jurious to the jurisdiction of this state, so subversive of its interests,
peace and policy, so promotive of a repetition of those violent acts of
usurped civil and military authority, which, in the judgment of Congress,
declared in their resolution of the second of October, one thousand
seven hundred and eighty, were highly unwarrantable and subversive
of the peace and welfare of the United States, and from which they re-
quire the people inhabiting the said grants to desist, until the decision
and determination of Congress in the premises, they have actually pre-
sumed to exercise sovereign authority and jurisdiction, to the full extent
of their said jurisdictional claim, by appointing civil and military offi-
cers, making levies of men and money, rescuing delinquents from the
hands of justice of this state, at the expence of the blood and the loss of
the life of one of the subjects of this state, in the execution of his law-
ful duty, and forbidding the officers of justice of this state to execute
their offices, as appears from the papers attendant on his Excellency the
Governor's speech, and other due information; that, among these, to
shew the actual exercise of jurisdiction by the usurped government of
the said grants, by the stile and title of the state of Vermont, over the
territory contained within the said jurisdictional claim, is the copy of a
certain proclamation, bearing date the eighteenth day of July, one thou-
sand seven hundred and eighty-one, purporting to be under the seal of
the said pretended state, signed by Thomas Chittenden, who stiles him-
self their governor, which, after divers falsities and absurdities therein
contained, asserts that commissions, both civil and military, had then
been lately issued by the supreme authority of the said pretended state,
to persons chosen agreeable to the laws and customs thereof, in the sev-
eral districts and corporations within the limits of the above mentioned
western or jurisdictional claim; strictly requires, charges and commands
all persons, of whatsoever quality or denomination, residing within the
said western claim of jurisdiction, to take due notice of the laws and
orders of the said pretended state, and to govern themselves accordingly,
on the pain of incurring the penalties therein contained; and strictly
requires, charges and commands all magistrates, justices of the peace,
sheriffs, constables, and all other civil and all military officers, to be ac-
tive and vigilant in executing the laws aforesaid, without partiality.
Resolved, That the Legislature of this state is greatly alarmed at the
evident intention of Congress, from political expedience, as it is expressed
in a letter from his Excellency the President of Congress, to his Excel-
lency the Governor of this state, of the 8th of August last, and as is
evinced in their acts of the 7th and 20th of the same month, enclosed
therein, to establish an arbitrary boundary, whereby to exclude out of
this state the greatest part of territory described in the second resolution
above mentioned, belonging, most unquestionably, to this state, as part,
parcel and member thereof, and to erect such dismemberment, possessed
by the revolted subjects of this state, into an independent state, and, as
Proceedings in Congress on Vermont, Jan. 1782. 367
such, to admit them into the federal union of these United States; espe-
cially as the two last mentioned acts seem to express the sense of Con-
gress, that the territories of this state, by the articles of confederation
are, and, as in fact and truth they are, by the second and third articles
thereof, guaranteed, and still more especially, as by a proviso in the
ninth article, it is provided that no state shall be deprived of territory
for the benefit of the United States.
Resolved, That it is the sense of the Legislature, that Congress have
not any authority, by the articles of confederation, in any wise, to inter-
meddle with the former territorial extent of jurisdiction or property of
either of these United States, except in cases of disputes concerning the
same, between two or more states in the union, nor to admit into the
union, even any British colony, except Canada, without the consent of
nine states, nor any other state whatsoever, nor, above all, to create a
new state, by dismembering one of the thirteen United States, without
their universal consent.
Resolved, That in case of any attempt by Congress to carry into exe-
cution their said acts of the seventh and twentieth of August last, this
Legislature, with all due deference to Congress, are bound, in duty to
their constituents, to declare the same an assumption of power, in the
face of the said act of submission of this state, and against the clear let-
ter and spirit of the second, third, ninth and eleventh articles of the con-
federation, and a manifest infraction of the same; and do, therefore,
hereby solemnly protest against the same.
Resolved, That a copy of these resolutions be forthwith made and cer-
tified by the President of the Senate, and the Speaker of the Assembly,
in presence of his Excellency the; Governor, who is hereby requested to
attest the same with the great seal of this state, and transmit it, without
delay, to Congress, to the end that the same may be entered on their
journals, or filed in their archives, in perpetuam rei memor'iam; and that
another copy, so certified as aforesaid, be delivered to the delegates of
this state, for their use and guidance, and that they be, and hereby are,
expressly directed and required to enter their dissent on every step which
may be taken in, and towards, carrying the said two last mentioned acts
of Congress into execution.
Dec. 20, the committee on Gov. Clinton's letter of Nov, 24 reported in
part and Congress ordered that two tons of gun-powder be furnished and
charged to the state of New York.1
Friday, January 25, 1782.2
The committee, consisting of Mr. Ellery, Mr. Randolph, Mr. Law, Mr.
N. W. Jones and Mr. Clymer, to whom was recommitted the report of a
committee, on sundry letters and papers respecting the district of coun-
try, commonly known by the name of the New-Hampshire Grants, de-
livered in their report; which was taken into consideration and debated.
1 In October 1781, when preparing to suppress Vermont authority in
the "western district" by force, Gen. Gansevoort wrote to Gov. Clinton
for powder. On the 18th of that month the Governor replied, saying
that compliance with this request was out of his power, as, out of the
whole supply ordered by Washington for New York in the previous
spring, only five hundred pounds had been received.— rSee ante, p. 328.
2 Journals of Congress, Fol well's edition, 1781-82, Vol. vn, p. 208.
368 Appendix H.
Monday, Jan. 28, 1782.1
The report of the committee respecting the New-Hampshire Grants,
was debated and referred to a grand committee.
On the 1st, 5th, 7th, 12th, 13th and 16th of Feb. the following letters
from the Vermont Delegates were sent to Congress — part of them to the
President, and others to the chairman of the committee which had Ver-
mont matters in charge. These papers, with the exception of the first,
are not named in the journal of Congress.
Jonas Fay and Ira Allen to the President of Congress}
Philadelphia 30th Jan. 1782.
Sir — On the fourteenth day of August last, we had the satisfaction to
communicate to Congress, a duplicate of our commission to attend on that
jjonbie. body for the purposes therein named. We have now the honor
to enclose a duplicate of our reappointment together with instructions to
further negotiate the business of our appointment.3
Our colleague, who was expected in town before this time, has occa-
sioned the delay of this amount. Whenever he arrives (who is hourly
expected) we shall then be ready to lay before Congress such papers and
matters as we are, or may be furnished with on his arrival.
We have the honor to be with great respect
Your Excellency's most Obednt Humble Servants,
Jonas Fay &
To His Excellency, the President of Congress. Ira Allen.
[Endorsed] Read Feb. 1st.
Jonas Fay and Ira Allen to Samuel Livermore.*
Philadelphia, Feb. 5, 1782.
Sir, — We have the honor to transmit herewith (for the perusal of the
honble- committee) copies of the several papers following vizt.
Governor Chittenden orders to Majr- General Payne dated 14th Dec.
1782.
Major General Payne's letter to the Honble- Meshech Weare Esqr 21st
Dec'- 1781.
Lt. Governor Payne's appointment and instructions to General Enos
and William Page Esq. December 21, 1781, and a letter from General
Enos & Ira Allen Esq. to the Honble- Elisha [Ichabod] Bartlet Esq. 29th
Dec. 1781.
Copy of a letter under the signature of Peter Gansevoort B. Gen1-
dated 18th December 1781, together with an answer thereto under the sig-
nature of Col. Ebenr- Walbridge dated Dec. 19th 1781, which together with
Vermont's proposals of October last on the subject of settling boundary
lines, contain the principal proceedings between N*. Hampshire, N. York
Journals of Congress, Fol well's edition, 1781-82, Vol. VII, p. 210.
2JVr. H. Grants, Vol. 2, No. 40, p. 207, in the State Department at
Washington.
3 For the commission referred to, see ante, p. 316. The " re-appoint-
ment " was on the 10th of January 1782, when Elisha Payne, Jonas Fay,
Ira Allen, and Abel Curtis were appointed. — See ante, p. 132.
* N. H. Grants, Vol. 2, No. 40, p. 211, in the State Department, Wash-
ington.
Proceedings in Congress on Vermont. 369
& Vermont since August last, and as our colleague (Mr. Curtis) is not
yet arrived, we have nothing further to add at present, but that we pro-
pose to proceed on the business of our mission whenever it may be
agreeable to the Honble Committee.
We are sir, your honors most obedient
and very humble servants, Jonas Fay &
Ira Allen.
Honhle Sam1- Livermore, Esq. [Chairman.]
Memorial of Jonas Fay and Ira Allen.1
The Honble Committee of Congress, — The undersigned, Delegates for
the State of Vermont by virtue of their appointment and Commission,
to repair to the American Congress for the purposes therein named, and
in pursuance of their special instructions by the Governor and Council
of said State, have the honor to represent,
That, the citizens of that part of America formerly known by the
name of the N. Hampshire Grants, did in consequence of certain dis-
putes subsisting between them and some of the British Colonies in
America, form themselves into Committees of Safety and Conventions
for the preservation of their just rights against lawless power, soon after
the edict of G. Britain in July 1764.
That, this kind of Government was continued by adjournments and new
elections until after the Grand Era of American Independence, and until
the twelfth day of March, A. D. 1778, when it emerged into a Constitu-
tional Legislature.
That immediately after the Battle of the 19th day of April A. D. 1775
at Lexington, those Inhabitants took an offensive part against British
usurpation ; and have since exerted themselves in common with their
brethren in America in the suport of the rights, liberties and indepen-
dence of the United States.
That the existence of the State of Vermont, (upon revolution princi-
ples) is at least coeval with any other of the free states of America and
founded on the same grand basis of Liberty and therefore (in our opin-
ion) entitled of every blessing and privilege which the united states do
or may in the future enjoy by virtue of their stipulated union and con-
vention each with the other.
We therefore take this method to express our wishes, and do in behalf
of the said State of Vermont solicit and most earnestly request that the
United States in Congress assembled would recognize her independence,
admit her into the federal Union of the United States of America and
to a seat in Congress — that She may yield and receive mutual aid in the
general defense and obtain an equitable settlement of her boundary
lines.
Done in Philadelphia, in obedience to the instructions aforesaid, this
7th day of Feb? 1782. Jonas Fay,
Ira Allen.
Hon. Saml Livermore, [Chairman.]
Jonas Fay, Ira Allen and Abel Curtis to Samuel Livermore.2
To the Honorable Committee of Congress.
The undersigned delegates of the State of Vermont beg leave to
observe by way of addition that in royal governments in America when
1JV. H. Grants, Vol. 2, No. 40, p. 227, in State Department, Wash-
ington.
a Same, p. 231.
25
370 Appendix H,
regal power ceased the people were then left at full liberty to institute
such government as might appear to them to be most conducive to their
peace and happiness. In this situation a respectable number of the now
citizens of the State of Vermont in the eastern union (so called) formed
themselves into Committees of Safety and Conventions; the other part
connected with New Hampshire in a temporary compact only which they
have since rejected and united with the aforesaid Convention by which
they have been since governed, except when in connection with Ver-
mont. And in this situation were those inhabitants when the Conven-
tion aforesaid was formed that united the grants east of the river Con-
necticut to Vermont by which they were admitted into union with her
on the two following conditions, viz*-: first, that the existence of Ver-
mont should be held sacred; and secondly that in case of any dispute
respecting border lines and jurisdiction, to be settled agreeably to the
modes prescribed by the articles of confederation or by such other way
as should be mutually agreed upon.
That N. Hampshire by extending her claim west of Connecticut river
have extinguished or rendered uncertain her west boundary line by the
royal determination in A. D. 1764 which affords a strong plea in support
of the right to a fair hearing in the settlement of said Tine so earnestly
to be wished for in order to give satisfaction to so large number and re-
spectable body of people, three fourths part of whom (at least) are firmly
attached to the government of Vermont and among whom officers civil
and military are duly elected and qualified as the law directs.
That they have many arguments and records (which we are not at
present possessed of) to justify their right to a union with Vermont or
at least a hearing in the settlement of the dispute, not to mention their
universal rejection of the requisition of N. Hampshire to meet in con-
vention in order to form a permanent plan of government, or the late
extraordinary act of N. Hampshire which explicitly acknowledges the
above assertion, and in its effects particularly tends to alienate the affec-
tions of those people from that government, and its neglect of the fron-
tier exclusive of the act of Hon'ble Congress of twenty fourth day of
Sept. A. D. 1779 recommending to N. Hampshire not to exercise juris-
diction over them etc.
That about the year 1773 a plan was set on foot by some of the inhab-
itants of the N. Hampshire grants together with Phillip Skeen Esq. for
forming a new Colony in such wise as to include the Grants and to ex-
tend at least to Hudson river on the West and to the forty fifth degree
north latitude on the north and to Massachusetts on the south. And in
consequence of this plan application was made to the. court of Great
Britain by Mr. Skeen for that purpose, who has since been well known
among the British by the title of Governor Skeen.
That there are papers now in the state of Vermont under the signa-
ture of the said Phillip Skeen on the subject of his appointment to gov-
ernment dated about the month of December A. D. 1774 mentioning
among other things that he should soon call on this people to show their
loyalty to the king. These papers might reflect much light on this sub-
ject and perhaps amount to a satisfactory proof that the said Phillip Skeen
did actually succeed in the aforesaid plan. And then on the principle [of]
royal lines overturn the pretensions of the claiming States even on their
own stating. With respect to what action may have been between the
people on the Western union and the state of New York we further ob-
serve that as allegiance and protection are reciprocal, when the latter is
refused the former is of course void and a people left to provide new
guards for their future safety and this is consonant with the declaration
Proceedings in Congress on Vermont. 371
of independence of the United States and the constitution of the State
of New York. And,
That there is at least eight tenths of the people in this [western] union
who are in favor of the government of Vermont and officers civil and
military elected and duly qualified.
That many of the leading gentlemen in both the aforesaid unions who
are opposed to Vermont have been repeatedly heard to say that they
have no objection to unite with Vermont if it were agreeable to the hon-
orable the Congress. And that a vindication of the rights of the people
both in the eastern and western Unions, thus to unite with Vermont, is
preparing more fully by a committee appointed by authority for that pur-
pose, and will undoubtedly be soon published.
We have the honor to be Gentlemen
your most obedient and humble servants, Jonas Fay,
Ira Allen,
Philadelphia, 12 Feb^ 1782. Abel Curtis.
The Honble Sam1- Livermore, Chairman &c.
Messrs. Fay, Allen, and Curtis, to the President of Congress.1
Philadelphia, 13 Feb. 1782.
Sir, — Understanding there are several official papers, lodged in the
Secretary's office of Congress since August last from the States of New
York and New Hampshire, which respect their dispute with the State
of Vermont, We beg the favour of their respective copies, as they may
be essentially necessary at this time,
And have the honor to be your Excellency's
most obedient humble servants,
Jonas Fay, } Delegates
Ira Allen, j- of the
Abel Curtis, ) State of Vermont.
His Excellency John Hanson Esqr- Pres. dec.
Same to Same.*
Philadelphia, Feb. 16, 1782.
Sir, — As it is clearly reasonable (iu our opinion) that we should be
indulged with copies of any act or resolution of the States of New
Hampshire or New York which respect the dispute between those States
and the State of Vermont which we have the honor to represent, We
therefore wish to be favored with the copies of any such papers as are
lodged in the Secretary's office and which bear date since August last,
in particular an act of the Legislature of the State of New York bearing
date about the middle of the month of October last,
And are with great respect Your Excellency's
most obedient Humble Servants, Jonas Fay,
Ira Allen,
His Excellency John Hanson Esq. Abel Curtis.
In Congress, Tuesday, February 19, 1782.8
The committee, consisting of Mr. Livermore, Mr. Patridge, Mr. Cor-
nell, Mr. Law, Mr. Floyd, Mr. Boudinot, Mr. Clymer, Mr. Rodney, Mr.
1 N. H. Grants, Vol. 2, No. 40, p. 235, in the State Department, Wash-
ington.
2 Same, p. 257.
3 Journals of Congress, Folwell's edition, 1781-82, Vol. yn, p. 216.
372 Appendix H.
Carroll, Mr. Eandolph, Mr. Hawkins, Mr. Middleton, Mr. Telfair, [one
from each state,] to whom was referred the report of a committee on
sundry papers relative to the people inhabiting the district of country
known by the name of the New-Hampshire Grants, together with a rep-
resentation of Seth Smith,1 and a letter of the 20th [30th] of January,
1 Seth Smith appeared as the agent of the towns of Guilford and Brat-
tleborough, with the approval of Gov. Clinton. Smith presented his
" Representation " to Congress on the 28th of January, and it was refer-
red to a committee, though the facts are not in the printed journal. Of
this document the following account is given in B. H. Hall's Eastern
Vermont, pp. 416, 417:
To excite, if possible, an additional interest in their situation, the
New York party in the townships of Guilford and Brattleborough drew
up a " Representation" as it was called, of their situation, and commit-
ted it to Seth Smith their agent, with orders to present it to the Legis-
lature of New York, and to the Congress of the United States. In this
document, which was composed with much care and apparent truthful-
ness, Smith, as representant, declared that a " very great majority " of
the inhabitants of Brattleborough and Guilford, and u at least three
fourths " of the people living within the " usurped jurisdiction of Ver-
mont, on the east side of the Green Mountains and west side of Connec-
ticut river," were desirous of returning to the " rightful jurisdiction of
the State of New York," from which by the violent measures of the new
state government, and the want of necessary protection and assistance
from Congress and New York, they had " much against their inclina-
tions, been obliged to appear to depart;" that the towns which he repre-
sented, and a majority of the inhabitants of the New Hampshire Grants,
were, as he believed, firmly determined to oppose by arms the " usurped
jurisdiction of Vermont;" and that there was full evidence of the disaf-
fection of " the leaders and abettors in the assumed government of Ver-
mont" towards the United States, and of a "league of amity" between
them and the enemy in Canada. In support of the last statement, he
alluded to the fact that Vermont commissioners had held frequent inter-
views with commissioners from Canada, both in the latter province and
on the "Grants;" that the leading men in Vermont had established a
neutrality with Canada, publicly disavowed the authority of Congress,
and authorized the transmission into Canada of prisoners belonging to
Gen. Burgoyne's army, without receiving any in exchange;* that the
" staunch whigs and those well affected to the true interests of the Uni-
ted States " were exceedingly alarmed at this friendly intercourse which
they could not prevent unless by force of arms, since, as supporters of
New York, they were not eligible to office under Vermont; and that the
" ill-gotten powers " of the supporters of the new state " were wantonly
and arbitrarily " exercised, to the " inconceivable oppression of the best
friends of the American cause " in that portion of the nation.
In addition to these charges, he stated that the Vermonters had com-
mitted many acts of violence, under color of law, against the well-
affected subjects of the state of New York; that they had proceeded so
far against him, as to cause him to be charged — in an indictment for high
treason against " their assumed government " — with an attempt to intro-
duce a " foreign power " into Vermont, meaning undoubtedly by these
words the government of New York and the authority of Congress; that
* This is improbable. In May 1782, three months later than this statement, Vermont exacted
from Gen. Haldimand forty Americans in exchange for seventeen British prisoners released by
Vermont.— See a?ite, p. 153, note 1.
Proceedings in Congress on Vermont. 373
from Jonas Fay and Ira Allen, having delivered in a report, the same
was taken into consideration, and some time spent thereon.
Feb. 21, the delegates for Vermont addressed the following letter to
the President of Congress, and it was read on the same day. It is not
noted, however, in Folwell's printed journal.
Messrs. Fay, Allen, and Curtis to the President of Congress. x
Philadelphia Feb. 21 1782.
Sir: — In pursuance of our appointment and instructions we have had
the honor of transmitting to your Excellency and of laying before a
Committee of the honble Congress sundry official papers which we are
informed have been taken into consideration. But when we consider
that a multiplicity of business must unavoidably engross the attention
of Congress, who are esteemed the guardians of the rights of a numerous
and free people, we are not urgent for a hasty determination relative to
the State of Vermont. We however cannot doubt but, in due time, that
State will be admitted as an additional gem in that Crown which of late,
rising from obscurity, has been the peculiar favorite of Heaven and
become the astonishment of the world.
Permit us, sir, to mention that as we have no additional matters to lay
before Congress at present — as it is probable another campaign is
approaching, and as the legislature of Vermont expected our return
previous to completing the estimates for the current year, it is necessary
we should soon take our leave of this city, inasmuch as no time ought to
be lost in attending to that business; and persuaded at the same time
that no measures destructive to the peace and tranquility of Vermont
they had "debauched" into a union with themselves, portions of New
York and New-Hampshire; that, although exempt from the "common
burthens of the American war," they still exercised an " exorbitant
power in taxation and arbitrary drafts, to support their usurpations
against two of the states in the American confederacy;" and that this
latter proceeding was intolerably grievous to the great body of the true
friends of America, who were compelled to endure, since they were not
able to resist. To support these declarations, the representant offered
to adduce the "most regular and conclusive proofs," provided he and
his friends should be protected while collecting the evidence. He also
suggested the propriety of sending congressional commissioners to
make inquiries and return a full report, and added his assurance that
they would be upheld and respected by the majority of the people. In
conclusion, he gave as his firm opinion "that unless Congress seasonably
and vigorously interpose, the well-affected to the state of New York and
the United States will fly to arms in opposition to the usurpation of
Vermont."
Smith's "Representation" was presented to Congress on the 28th of
January; on the 11th of February, he asked the interposition of New
York to supersede the necessity of a resort to force by the New York
party in Vermont; and in just twelve days thereafter, Feb. 23, he
petitioned the General Assembly of Vermont for a pardon for his
violation of the laws of Vermont, and it was granted on the 26th, on
condition of his taking the oath of allegiance to Vermont. — See p. 147.
1JV. H. Grants, No. 40, Vol. 2, p. 261, in the State Department,
Washington.
374 Appendix H.
will be pursued in the absence of the delegates, — that we have the
fullest reason to believe the most vigorous exertions will be made by
the legislature for a spirited defense of her extensive frontiers and that
by the interposition of Heaven and the friendly aid of the Congress she
will be able to /repel any force which the enemy may send against her.
In the mean time every prudent measure will be pursued to cultivate
peace and harmony with her neighboring States which may be conducive
to the tranquility of the rising empire of America.
We have the honor to be your Excellency's most obedient
and Humble servants,
Jonas Fay,
Ira Allen,
His Excellency John Hanson Esq. Pres. &c. Abel Curtis.
[Endorsed] — Bead same day.
In Congress, Friday, March 1, 1782.1
The grand committee, consisting of Mr. Livermore, Mr. Patridge, Mr.
Cornell, Mr. Law, Mr. Floyd, Mr. Boudinot, Mr. Clymer, Mr. Rodney,
Mr. Carroll, Mr. Eandolph, Mr. Hawkins, Mr. Middleton and Mr. Tel-
fair, to whom was re-committed their report on sundry papers respecting
the inhabitants of a district of country known by the name of the New-
Hampshire Grants, together with a representation of Seth Smith, and a
letter of the 30th of January from Jonas Fay and Ira Allen, having de-
livered in a report, and the following paragraph [resolution] being un-
der consideration, viz.
"That in case the inhabitants residing within the limits aforesaid,
within one calendar month from the delivery of a certified copy of these
resolutions by the commissioner hereinafter mentioned, to Thomas Chit-
tenden, Esq; of the town of Bennington, within the limits aforesaid, or
from the time of the said commissioner's leaving such certified copy at
the usual place of residence of the said Thomas Chittenden, Esq; shall
by some authenticated act recognize the last above described boundaries
to be the limits and extent of their claim, both of jurisdiction and terri-
tory, and shall accede to the articles of confederation and perpetual un-
ion between the states of New-Hampshire, Massachusetts, Rhode-Island
and Providence Plantations, Connecticut, New-York, New-Jersey, Penn-
sylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina
and Georgia, as agreed to in Congress on the 15th day of November,
1777; and shall thereupon appoint delegates in their behalf, with full
powers, instructions and positive orders immediately to repair to Con-
gress, and to sign the said articles of confederation, and afterwards to
represent them in the United States in Congress assembled, their said
delegates shall be admitted to sign the same, and thereupon the inhabi-
tants of the above described district shall be acknowledged a free, sove-
reign and independent state, and shall be considered as a component
part of the federal union, and entitled to the advantages thereof."
A motion was made by Mr. Wolcott [of Connecticut,] seconded by Mr.
Ellery [of Rhode Island,] to strike out the words between the words
"inhabitants residing within," and the word "accede;" and in lieu
thereof to insert "or belonging to the territory commonly known by the
name of the New-Hampshire Grants, or by whatsoever name it may be
called, west of Connecticut river, and to the eastward of the boundary
conditionally guaranteed by the resolution of the 20th of August last, in
favour of the state of New-York."
1 Journals of Congress, Fol well's edition, Vol. vn, 1781-2, p. 228.
Proceedings in Congress on Vermont. 375
This motion was lost on the following vote: Yeas — Massachusetts,
Rhode-Island, Connecticut, and New- Jersey. Nays — New- York, Penn-
sylvania, Delaware, Maryland, Virginia, South Carolina, and Georgia.
One member each from New Hampshire and North Carolina voted in
the negative, but these votes were not counted.
A motion was then made by Mr. Scott, seconded by Mr. Floyd, [both
of New York,] to strike out the whole resolution.
On the question, Shall the resolution stand ? the votes were as follows:
Yeas — Massachusetts, Rhode Island, New Jersey, Pennsylvania, Dela-
ware, and Maryland. Nays — New York, Virginia, South Carolina, and
Georgia. One member each from New Hampshire and North Carolina
voted in the negative. As a majority of the states did not vote in the
affirmative, the resolution was stricken out.
A motion was then made by Mr. Clark [of New Jersey,] seconded by
Mr. Atlee [of Pennsylvania,] that the rest of the report be committed;
which is as follows:
Congress having resolved on the 7th day of August last, that in case
they should recognize the independence of the people of Vermont, they
would consider all the lands belonging to New Hampshire and New
York, respectively, lying without the limits aforesaid, as coming within
the mutual guarantee of territory contained in the articles of confedera-
tion; and that the United States will accordingly guarantee such lands
and the jurisdiction over the same, against any claim or encroachments
from the inhabitants of Vermont aforesaid: and Congress having, on the
20th day of the same month required as an indispensable preliminary to
their recognition of the independence of the people inhabiting the terri-
tory aforesaid, and their admission into the federal union, the explicit
relinquishment of 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 be-
ginning 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; thence 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 be-
tween Missiskoy-Bay and the waters of Lake-Champlain. And the peo-
ple inhabiting the territory aforesaid, not having as yet made the relin-
quishment aforesaid as above required, and attempting since the date of
the above resolutions to extend and establish their jurisdiction over part
of the lands guaranteed to the states of New- York' and New-Hampshire
abovesaid; and it being indispensably necessary to bring all disputes
respecting the jurisdiction of the people residing within the territory
aforesaid to a speedy issue:
Besolved, That the district of territory, commonly known by the name
of the New-Hampshire Grants, by whatsoever name it may be called, is
and shall be bounded westward by a line beginning at the northwest cor-
ner of the state of Massachusetts, thence running northward twenty
miles east of Hudson's river, so far as the said river runs northeasterly
in its general course, thence to the west boundary-line of the townships
granted by the late government of New-Hampshire; thence northward
along the said west boundary-line, to the river running from South-bay
to Lake-Champlain, thence along the said river to Lake-Champlain;
376 Appendix H.
thence along the waters of Lake-Champlain to latitude forty-five degrees
north, including a neck of land between the Missiskoy-Bay and the
waters of Lake-Champlain; thence it shall be bounded north by latitude
forty-five degrees north, and eastward by the west bank of Connecticut
river, from forty-five degrees north to the northern boundary-line of the
state of Massachusetts, and southward by the said northern boundary of
the state of Massachusetts from the said west bank of Connecticut river,
to the nothwest corner of Massachusetts above-mentioned.
Resolved, [Here followed the resolution which was stricken out on
motion of the delegates of New York.]
Resolved, That in case the said inhabitants, within the above-described
district do not desist from attempting to exercise jurisdiction over the
lands guaranteed to New-Hampshire and New-York as aforesaid, and
shall not, within the time limited as aforesaid, comply with the terms
specified in the foregoing resolutions, Congress will consider such neg-
lect or refusal as a manifest indication of designs hostile to these United
States, and that all the pretensions and applications of the said inhabit-
ants, heretofore made for admission into the federal union, were falla-
cious and delusive; and that thereupon the forces of these states shall
be employed against the said inhabitants within the district aforesaid,
and Congress will consider all the lands within the said territory to the
eastward of a line drawn along the summit of a ridge of mountains or
heights of land, extending from south to north, throughout the said ter-
ritory, between Connecticut river on the east, and Hudson's river and
Lake-Champlain on the west, as guaranteed to New-Hampshire under
the articles of confederation, and all the lands within the said territory
to the westward of the said line as guaranteed to New- York under the
articles of confederation: provided always, that Congress will consider
any other partition, which shall, hereafter, by an agreement between the
legislatures of New-Hampshire and New-York, be made between their
respective states, concerning the territory aforesaid, as guaranteed to
them according to such agreement, saving, in either case, all rights ac-
cruing to the state of Massachusetts, or any other state under the arti-
cles of confederation aforesaid: and provided always, that for the more
effectually quieting the minds of the inhabitants aforesaid, the said
states of New-Hampshire and New- York respectively, shall pass acts of-
indemnity and oblivion, in favour of all such persons as have at any time
previous to the passing such acts, acted under the authority of Vermont
so called, in any manner whatsoever, upon such persons submitting to
the jurisdiction of the said states respectively: and provided always, that
the said states of New-York and New-Hampshire, respectively, do pass
acts confirming and establishing the titles of all persons whatever, to
such lands as they do now actually occupy and possess within the limits
of the district aforesaid, under whatever title the same may be held,
either from New- York, New-Hampshire or Vermont so called: and also
for confirming and establishing the titles of all persons whatever, to such
lands within the district aforesaid, as they may be entitled to under
grants from New-York, New-Hampshire or Termont so called, accord-
ing to the propriety [priority] of such grants in point of time, excepting
in such cases where the lands are in the actual occupancy and possession
of the claimants, as mentioned in the proviso abovesaid. But inasmuch
as some persons claiming in right of grants made under the authority of
the district or territory called Vermont, and not actually occupying the
same, may be deprived thereof by the interference of other prior grants :
Resolved, That in case the partition aforesaid shall take place, any per-
son claiming and deprived as aforesaid, his or her assignee or represent-
Proceedings in Congress on Vermont. 377
ative shall receive full compensation in lands or otherwise, to be provi-
ded by Congress.
Resolved, That it be, and it is hereby earnestly recommended to the
states of New-Hampshire and New-York respectively, to pass acts of
oblivion and indemnity, in favour of all such persons, residing without
the limits of the district above described, who shall heretofore have
taken part with the inhabitants residing within the same, against the
governments of either of those states, upon such persons quietly and
peaceably submitting themselves to the government, and jurisdiction of
such state respectively, to which they belong.
Resolved, That in case of the neglect or refusal of the inhabitants re-
siding within the district aforesaid, to comply with the terms prescribed
in the resolutions aforesaid, the commander in chief of the armies of these
United States, do without delay or further order carry these resolutions
as far as they respect his department into full execution.
Resolved, That a commissioner be appointed on the part of these Uni-
ted States, whose duty it shall be immediately to repair to the district
aforesaid, and deliver a certified copy of these resolutions to Thomas
Chittenden, Esq; of the town of Bennington aforesaid, or leave such
copy at his usual place of residence; and also to enforce on the inhabit-
ants of the said district, the neeessity of their complying without delay
with the terms above prescribed by Congress, or submitting themselves
peaceably to the jurisdiction of the states of New-Hampshire and New-
York, agreeably to the above resolutions.
On the question for committing, the yeas and nays being required by
Mr. Boudinot,
The vote was as follows: Yeas — Connecticut, New-Jersey, Pennsylva-
nia, Delaware, Maryland, and Virginia. Nays — New-York, South Car-
olina, and Georgia. Divided — Rhode Island. One member each from
New-Hampshire, Massachusetts, and North Carolina voted no. So the
question was lost.
It will be observed that in the journal of Congress, above quoted, no
mention is made of the attendance of the Agents of Vermont; of course
because they appeared before the committee only. The following is
Ira Allen's account, from his history in Vt. Hist. Soc. Collections, Vol.
i, pp. 446-448.
The Agents of Vermont exhibited their credentials to Congress, and
had repeated interviews with Committees and Members of that body,
who appeared very much dissatisfied with the Legislature of Vermont,
in not complying with their resolves of the 7th and 20th of August.
The Agents of Vermont represented, in justification, that having been
deprived of continental aid, while acts and resolutions of Congress were
passed in favour of the claiming and neighbouring States; and those
States, assisted by said acts and resolves, were taking every measure in
their power to divide and sub-divide her citizens; that the Legislature
of New Hampshire had, against the will of Vermont, laid a jurisdictional
claim, prefaced with friendship, when subsequent transactions shewed
that the object was to overturn her jurisdiction, and connect the whole
territory of Vermont to New Hampshire, for the members of her Gene-
ral Court had, by circular letters, convened a Convention for the osten-
sible purpose of connecting the New Hampshire Grants on both sides
of Connecticut river, into one entire State; then, on the 16th day of Jan-
uary, 1781, at Charlestown, where forty-three towns were represented,
378 Appendix H.
procured a vote to unite the whole to New Hampshire; that this was, in
fact, to annihilate the existence of Vermont.
In this Convention were twelve Members of the Council and Assem-
bly of New Hampshire; surely Congress could not blame the friends of
Vermont, who had been silent spectators of these bare-faced intrigues,
in exerting themselves next day, and obtaining a resolution of the Con-
vention to unite that part of New Hampshire, west of the Mason line,
to Vermont; this was turning the same trouble on New Hampshire that
she had contemplated for Vermont, and was the more justifiable, as it
united her citizens, and made her more formidable against her enemies,
which was essential, considering the extent of her frontiers. That the
claims and intrigues of New York, and self-preservation, had induced
the Legislature of Vermont to claim a part of the State of New York;
that the people of these territories had, by articles of union, confedera-
ted with Vermont, and became citizens thereof; her conduct might be
further justified by the articles of union with said districts; in them it
was stipulated, that whenever Vermont was acknowledged as a State by
Congress, and admitted to a seat in that body, any dispute that might
exist respecting boundary lines should be submitted to Congress for de-
cision; that Vermont then was, and ever had been ready and willing to
comply with the aforesaid principles, or any other equitable mode that
might be agreed upon to settle boundary lines with either of the claim-
ing States; but that she will not, under existing circumstances, dissolve
her unions, agreeable to the late resolves of Congress, thereby weaken-
ing her strength without gaining an equivalent by a confederation; that
if the United States were serious in admitting Vermont into the union,
they could not see why it might not be done in the first instance, and
then settle the boundary lines on principles that might be equitable and
consistent with the articles of the confederacy of the United States, and
articles of the unions which necessity had compelled her to make; and
further that the Legislature of Vermont, in October last, passed an act,
appointing Commissioners, with full powers to agree with like Commis-
sioners from New Hampshire and New York, and they to appoint three
or more Commissioners, to hear and determine on boundary lines be-
tween the respective States, which line or lines so determined on, should
be boundaries between said States, which act was sent to the Legisla-
tures of New Hampshire and New York, with a request that they would
respectively pass similar acts, and attend to a settlement of boundary
lines. Now had either of these States seriously wished for a settlement
of boundary lines, and to admit Vermont into the confederacy, why did
they not pass acts similar to that of Vermont, or, at least, withdraw their
jurisdictional claim from the ancient territory of Vermont, instead of
menacing a State with military operations, who, of all others, were
most exposed to the common enemy, and recently deprived of continen-
tal aid.
With respect to a civil war, at a time when the liberty of America
would thereby be endangered, no people were or could be more averse to
it than those of Vermont, who had been eight years longer struggling for
their liberties than their brethren of the United States. As to Governor
Chittenden's orders to Lieutenant Governor Payne and Colonel Wal-
bridge, so much complained of, extraordinary cases required extraordina-
ry remedies, and these orders, like sovereign balsams, had a salutary etfect,
as the consequences evince: for at least they prevented the effusion of
blood and civil war, as they caused General Gansevoort to retreat, when
he saw a force was advancing to reinforce those he was menacing; and the
Government of New Hampshire suspended their military operations on
discovering the determination of Vermont, while peace was restored
Dissolution of the Eastern and Western Unions. 379
without bloodshed, which otherwise, in all probability, would not have
taken place. This also evinces the sagacity and independence of the
Governor; and unquestionably such a suggestion of facts and cogent ar-
guments had a very powerful effect upon Congress; for on March 1st it
was proposed in Congress to pass a resolve, that if within one month
from the time in which the resolve should be communicated to Thomas
Chittenden, the inhabitants of Vermont should comply with the resolves
of August 7th and 20th, 1781, they should be immediately admitted into
the union; but if they should refuse this, and did not desist from at-
tempting to exercise jurisdiction over the lands guaranteed to New
Hampshire and New York, Congress would consider such neglect or re-
fusal, as a manifest indication of designs hostile to the United States,
and that all the pretensions and applications of the said inhabitants,
heretofore made for admission into the federal union, were fallacious and
delusive; and that thereupon the forces of the United States should be
employed against the inhabitants, and Congress would consider all the
lands within the territory to the eastward of the ridge of mountains as
guaranteed to New Hampshire; and all the lands to the westward of
said line, as guaranteed to New York; and that the Commander in Chief
of the armies of the United States do without delay or further order
carry these resolutions into full execution. But after warm debates, and
repeated trials, a vote could not be obtained to adopt these resolutions,
and the matter subsided.
Dissolution of the Eastern and Western Unions— Feb-
ruary, 1782.1
In General Assembly, Feb^- 11th 1782.
His Excellency the Governor laid before the House a letter from Gen1-
Washington dated Philadelphia Jan^- 1st 1782 — a letter from Gen1- Wool-
cut2 dated Philadelphia Jan?- 18th 1782— one from Benja- Henry3 dated
Hallifax Jan?- 21st 1782— one from Simeon Olcott dated Charlestown
Jan^- 28, 1782 4— which letters were directed to the Govr- — One from Govr-
Chittenden directed to Col0- Yates [of New York militia in the "west-
ern district,"] dated Arlington 24th Aug*- 1781. — One from Col0- Yates
dated Chcheticoke Aug1- 27th 1781. — One" from Col0- Sam1- King5 to Govr-
Chittenden dated Jan>- 5th 1782 — the Govrs- answer to Col0- King dated
Jan^- 10th 1782.— One from Wra- Page Esq'- [of Charlestown, N. H.] to
Govr- Chittenden dated Decr- 9th 178i enclosing a copy of a letter to Col0-
Wm- Haywood and a copy of a letter to Brigd- Gen1- Olcot. — One from
Govr- Chittenden to Lieut. Govr- Payne dated'Dec. 14th 1781.6 One from
1 From the manuscript Assembly Journal, Vol. 2.
2 See ante, p. 135, note 3.
3 A member of the Convention of Oct. 31 1780.— See ante, p. 278.
* Probably his resignation of the office of judge of the superior court.
5 Of Chesterfield, N. H. The warrant for his arrest had been issued
by New Hampshire a few days previous to the date of this letter.— See
ante, p. 341.
6 Dr. Page's letter announced the prospect of hostilities by New Hamp-
shire. It was received Dec. 13, and on the 14th Gov. Chittenden or-
dered Lieut. Gov. Payne to repel force by force. — See ante, p. 339.
380 Appendix R.
Elijah Parker constable dated Chester 28th Jan?- 1782 — one from Nath1-
Brown to Govr- Chittenden dated Winhall Jan^- 21st 1782. One from
Nath1- Brush Esqr- [of Bennington,] to Gov- Chittenden dated December
5th 1781. One from Joseph Wait to the Govr- dated Maidstone Jan^- 22d
1782. Copy of a letter from Gen1- Saiibrd to Col0- Yates dated Hoosack
Dec. 8th 1781 — with Col0- Yates answer. One from Isaac Sherman Lieut.
Col0- Comd- Thos- Grosvenor Lieut. Col°- YV illis Clift Majr- Committee to
Govr- Chittenden dated Camp, near Dobbs Ferry AugL 2d- 1781 x — and
three letters from Gen1- Hazen to the Governor — were read.
Monday, IW- 18th- 1782.
Ordered that Mr- Chandler be requested to wait on his Excellency the
Gov1"- and desire him to lay before this House a copy of the letter that
produced the one from Gen1 Washington of Jan^- lbt 1782 — Likewise the
original letter from Gen1- Washington, with the resolution of Congress
of the 21st- of Aug1- 1781. 2
On motion made, Resolved that the Governor and Council be re-
quested to join this House in a Committee of the whole at two o-clock in
the afternoon to take under consideration the above mentioned letters
and resolution and the letter from Gen1- Wplcott &c.
The honble Moses Robinson Esqr- informed the House that it was the
request of the Govr- & Council that the meeting of the Committee of
the whole be referred until tomorrow morning — which was agreed to.
Tuesday, Feb>- 19th- 1782.
Agreeable to the Order of the day the Gov1- and Council and House of
Representatives formed themselves into a Committee of the whole to
take under consideration the Resolution of Congress of the 21st of Aug*-
the Letters from Generals YYrashington & Wolcott &c. and continued on
that business from day to day until,
Thursday, Feb^- 21st- 1782, when the
Committee of the whole having dissolved the House formed and the
Speaker resumed the Chair.
Ordered that the Report of the Committee of the whole be referred
for further consideration until the meeting of the House in the after-
noon.
2 °Clock P. M.
Agreeable to the order of the day the following Report of the Com-
mittee of the whole was read viz —
" State of Vermont, Bennington, Feb. 19th, 1782.
The Governor and Council having joined the General Assembly, in a
committee of the whole, to take into consideration the resolutions of
Congress of the 7th and 2 1st of August last,
His Excellency Thomas Chittenden, Esquire, in the Chair.
The following papers were read by the Secret^ in their order, viz.
1st- The said resolutions of the 7th and 21Kt of August, and a letter
from his Excellency the President of Congress, to his Excellency the
Governor, enclosing them.
2d- A private letter from his Excellency General YVashington, to his
Excellency the Governor, dated, Philadelphia, January 1st- 1782.
3d- A letter from General Oliver YVoolcott, to his Excellency the
Governor, dated January 18th- 1782.
1 These were all Connecticut officers in the continental army.
2 Most often called the resolution of Aug. 20. It was adopted on the
20th, was reconsidered and finally adopted on the 21st, though the printed
journal of Congress records it as of the 20th.
Dissolution of the Eastern and Western Unions. 381
4th- A letter from Revd- Jonathan Edwards, to Noah Smith.
5th- The articles of Union with the eastern and western districts.
Adjourned until 2 °Clock P. M.
Met, according to adjournment.
6th- The Proceedings of the Legislature, in October last, upon the
said resolutions of Congress, were read.
After some debate, adjourned until to-morrow morning, 9 °Clock.
20th Febv- 9 o'clock.
Met agreeable to adjournment.
7th- A letter from Col0- Lutterloh, to Majr- Fay, was read; and after
some debate on the business, adjourned until 2 oClock, P. M.
2 oClock, P. M. met according to adjournment.
gth. a letter from Gen1- Pattison to Majr- Fay, was read.
A motion was made by Mr- Chandler, that the sense of the Committee
be taken upon the following question, viz*: — whether Congress, in their
resolutions of the 7th and 21st of August last, in guaranteeing, to the re-
spective States of New-York and New-Hampshire, all the territory with-
out certain limits, therein expressed, has not eventually determined the
boundaries of this State ?
Which question being put, was carried in the affirmative: whereupon,
Resolved, That, in the opinion of this committee, Congress, in their
resolutions of the 7th and 21st of August last, in guaranteeing to the
respective States of New- York and New-Hampshire, all territory with-
out certain limits therein expressed, have eventually determined the
boundaries of this State.
And whereas, it appears to this committee consistent with the spirit,
true intent and meaning of the articles of union, entered into by this
State with the Inhabitants of a certain district of country, on the East
side of the West bank of Connecticut river, and on the west side of a
line twenty miles East of Hudson's river, (which articles of union were
executed on the 23d day of Febv- and the 15th day of June last past,) that
Congress should consider, and determine, the Boundary lines of this
State — Therefore, this committee recommend to the Assembly of this
State, to pass Resolutions declaring their acquiescence in, and accession
to, the determination made by Congress of the said boundary lines, be-
tween the States of New-Hampshire and New-York, respectively, and
this State, as they are, in said resolutions, defined and described, and
also, expressly relinquishing all claim to, and jurisdiction of, and over,
the said Districts of territory, without said boundary lines, and the In-
habitants thereon residing.
Confiding in the faith and wisdom of Congress, that they will, imme-
diately, enter on measures to carry into effect the other matters in said
resolutions contained, and settle on equitable terms, whereby this State
may be received into, and have and enjoy all the protection, rights and
advantages of a federal union with the United States of America, as a
free, Independent and Sovereign State, as is held forth to us in and by
said resolutions —
And this committee do further recommend to the Assembly, that they
cause official information of their resolutions to be immediately trans-
mitted to the Congress of the United States, and the States of New-
York and New-Hampshire."
The aforesaid Report of the Committee of the Whole was read and
accepted & thereupon
Resolved that a Committee of three to join a Committee from the
Council 1 be appointed to prepare a Bill or Bills agreeable to said report,
1 Councillor Spooner was committee for the Council.
382 Appendix H.
and lay the same before this House. The members chosen Mr- Tichenor,
Mr- Chandler, and Mr Knight.
On motion made by Mr- Tichenor, Resolved that a Committee of five to
join a Committee from the Council l be appointed to point out some mode
of redress relative to the injuries the people of the Eastern and Western
unions have sustained in consequence of their alliance to this State.
The members chosen Mr Jacob, Mr- Harris, Mr Powell, Mr- Dana, and
Mr- Styles.
On motion made by Mr Styles, Resolved that this House do Judge
that the Articles of Union are completely dissolved —
Ordered that the Clerk of this Assembly be & is hereby directed to
make up the Debenture of the members belonging to the late unions,
and lay the same before this House to-morrow morning.
Friday, Feb^- 22d 1782.
The Clerk requested to be directed particularly respecting making up
the Debenture of Mr- Page [of Charlestown, N. H.J and Mr [Daniel]
Jones [of Hinsdale, N. H.] — therefore,
Ordered that the Debenture of Mr Page and Mr- Jones be made up for
the days only that they answered to their respective names.
A Debenture of the Members belonging to the Eastern and Western
Unions that have attended this Assembly the present session, was read
& passed the House and Ordered that the Treasurer be and is hereby
directed to pay the same.
An Act entitled " An Act to relinquish the claims to territories
therein mentioned" was read and passed the House.
The Governor and Council waited on the House and requested that
they would proceed to public business of importance to the State, &c.
On motion made, Resolved that this House proceed to choose by joint
ballot with the Governor and Council three persons to transact the pub-
lic business of this State at Congress. The ballots being taken, the hon-
ble Moses Robinson, Paul Spooner Esquires, and Isaac Tichenor Esqr-
were elected.
The Committee to whom was referred the mode for redressing the
people in the Eastern and Western Unions, &c. brought in the follow-
ing report, viz —
u That it is the opinion of your Comtce that some proper persons be
immediately sent to those officers who are now arresting and making
prisoners every person they can find, who have heretofore been active
in joining this state, requesting and entreating them to suspend the ex-
ecution of Law until the aforementioned persons can have time to peti-
tion the Assembly of N. York to be restored, and shewing their willing-
ness to return to their allegiance to said State — provided the Legislature
should pass an act of grace — And also that a petition be presented by
our Agents to the Congress of the United States praying them to inter-
pose by recommending to the States of New-Hampshire and New- York
to pass acts of oblivion in their behalf.
Joseph Bowkee, for Comtee'"
The above report was read and accepted so far as it relates to the peo-
ple of the late Western Union, & ordered that a Bill be brought in ac-
cordingly.
Resolved that Gen1- Sam1- Safford, Ezra Styles [Stiles,] Esqr- and Gen1-
Roger Enos be and they are hereby requested forthwith to repair with
1 Councillors Bowker and Robinson were committee for the Council.
Dissolution of the Eastern and Western Unions. 383
suitable Instructions from the Council to the Western District to prose-
cute the intentions of the aforesaid report.1
Saturday, Feb?- 23d 1782.
Kesolved that a Committee of five to join a Committee from the
Council2 be appointed to prepare instructions for the agents that are ap-
pointed to wait on Congress — and make report. The members chosen
Mr- Chandler, Mr Townshend,3 Mr- Strong, Mr Knight, and Mr- Lyon.
The Committee appointed to prepare a Bill agreeable to the Report of
the Committee of the whole brought in the following Resolutions which
were read and passed into Resolutions of this House, viz —
Here follow the resolution and recommendation embraced in the re-
port of the committee of the whole of Feb. 20, on page 380-'81, and also
the following:
Resolved that the same be complied with.
And thereupon,
Besolved, That the west bank of Connecticut river & a line beginning
at the northwest corner of the Massachusetts state, from thence north-
ward twenty miles east of Hudsons River, as specified in the Resolutions
of August last shall be considered as the east and west boundaries of this
State; and that this Assembly do hereby relinquish all claim and de-
mand to and right of Jurisdiction in and over any and every district of
territory without said boundary lines; and that authenticated copies of
this Resolution be forthwith officially transmitted to Congress and the
States of New-Hampshire and New- York, respectively.
Tuesday, Feby- 26th- 1782.
Resolved that this House will proceed, at the meeting in the after-
noon, to choose three persons to represent this State in Congress, if ar-
ticles of union can be agreed on between the Agents appointed by this
State and the Congress of the United States.
The Committee appointed to prepare Private Instructions for the
Agents appointed to negotiate the business of this State at Congress
brought in the following Instructions viz —
Private instructions to the honourable Moses Robinson and Paul
Spooner, Esqrs-> Agents Elected to negociate the admission of the state
1 That this committee immediately undertook the task assigned them
appears from the following extract from a letter of Judge Robert Yates
to Gov. Clinton, dated Albany, Feb. 24, 1782:
I had with me this morning Generals Enox [Enos] & Safford, and Mr-
Ezra Stiles, who were directed by the Legislature of Vermont, by a Res-
olution (a copy whereof I herewith enclose) to endeavor to get an In-
demnity for those people [citizens of New-York under arrest for serving
Vermont.] I told them, that I conceived, the Legislature of this State,
who consider their assumption of Legislative power in Vermont as an
usurpation, would not upon the grounds of such Resolutions admit of
their application. For these reasons, to which they assented, they in-
tend to return home. — Doc. History of New York, quarto, Vol. 4, p. 604.
Councillors Robinson and Fletcher were the committee for the Council.
3 Micah Townshend, Secretary of State, and not a member of the
Assembly; an instance, like that previously noted in the case of Ethan
Allen, of the appointment upon a committee of a person who was not
a member of the body.
384 Appendix H.
of Vermont into the confederation of the United States, and Delegates
in Congress, in case of such admission — 1
Gentlemen,
You will repair without loss of time to Philadelphia and are to con-
sider yourselves as Plenipotentiaries invested with full power to agree
on terms upon which this State shall come into an union with the Uni-
ted States of North America; and in case of such agreement, in behalf
of this State, to sign and ratify articles of federal union with the Con-
federated States of America, and thereupon to take seats in Congress;
but that it is not expected that more than one of you will remain in
Philadelphia at a time.
In your negotiations it is expected that you will so conduct as to in-
duce the persons you negociate with to believe that your constituents
expect to be admitted free from arrears of the Continental debt already
accrued and to discharge their own. If this cannot be obtained it is ex-
pected that you will reduce that part of the Continental debt which this
state shall have to pay, to as small a sum as possible, — And that you make
return to his Excellency the Governor, as soon as may be, of the certain
sum which you shall Covenant that this state shall pay.
Saml- Fletcher, for the Committee.
The above Instructions were read and passed as Instructions for the
purpose aforesaid.
2 oClock afternoon.
Agreeable to the order of the day, proceeded to choose three persons
as Delegates to represent this State in Congress &c. The ballots being
taken the honble Moses Robinson & Paul Spooner Esquires and Isaac
Tichenor Esqr- were Elected.
Wednesday, Feb^- 27th- 1782.
Resolved that the Treasurer be and is hereby specially directed to lay
by for the Delegates to Congress £100.
Thursday, Feb>- 28th- 1782.
Resolved .that his Excellency the Governor be and is hereby requested
to Commissionate the Agents appointed with Plenipotentiary powers to
negociate the admission of this State into Confederation with the United
States three of whom are hereby authorised to transact said business, &
if this State is admitted into Confederation any one or two of said
Agents are hereby empowered to take their seats and represent this
State in Congress.
Resolved that one person be added to the Agents and Delegates ap-
pointed to transact the business of this State at Congress. The ballots
being taken the honble Jonas Fay Esqr- was Elected.
Resolved that the honble Paul Spooner, Moses Robinson, & Jonas Fay
Esqrs- and Isaac Tichenor, Esqr- be and are hereby requested to repair to
Congress without delay on the business of their appointment.
1 Isaac Tichenor's name was omitted on the journal, doubtless by
accident. The instructions given officially embraced Mr. Tichenor and
Jonas Fay with the above-named.
Gov. Chittenden to Gen. Washington. 385
Commission to the Delegates to Congress— March 3, 1782.1
, — k^ His Excellency THOMAS CHITTENDEN, Esquire; Cap-
3 State f tain Q.enerai5 Governor and Commander in Chief in and
I w-r-J * over tne state of Vermont,
To the Honble Jonas Fay, Moses Robinson, and Paul Spooner, Es-
quires; and to Isaac Tichenor, Esquire, ($mtitt0»
Agreeable to Resolutions of the Governor, Council and General
Assembly of this State, passed at their Session at Bennington in Febru-
ary last, electing you Agents and Delegates in behalf of this State to at-
tend the Congress of the United States with plenary powers to agree
upon, and ratify Terms of Confederation and perpetual Union with them,
and to represent this State in Congress as Delegates for the Year ensu-
ing, or until recalled by act of Legislature —
I DO, in the name and by the Authority of the Freemen of the State
of Vermont, fully authorise and amply empower you the said Jonas Fay,
Moses Robinson, Paul Spooner and Isaac Tichenor, Esqrs' or
either three of you, to negociate and complete, on the part of this State,
the Admission thereof into sl federal Union with the United States of
North America — And in behalf of this State, to subscribe to Articles
of perpetual Union and Confederation therewith.
Given under my Hand, and the Seal of this State, In Council, this
Thirteenth Day of March Anno Domini One Thousand seven Hundred
and Eighty two, and in the 6th Year of the Independence of this State.
Thos- Chittenden.
By His Excellency's Command.
(Duplicate.) Thos- Tolman, Dep. Secr'v-
Governor Chittenden to General Washington.2
Arlington, March 16, 1782.
Sir, — I had the honor to receive your Excellency's favor of the 1st of
January by express. I am not insensible that the delicacy of your sta-
tion in the empire renders it ineligible for you to address me in my pub-
lic character. Your noticing us, therefore, in your private capacity,
under our circumstances, I beg leave to esteem as the strongest mark of
your magnanimity and friendship. While we receive with gratitude the
resolves of Congress, of the 7th and 21st of August last, it affords us
great satisfaction that your Excellency is willing to consider them as im-
plying the right, which Vermont claims, to be a state, within certain
described bounds. And, as the dispute of boundary is the only one
that hath prevented our union with the Confederacy, I am very happy in
being able to acquaint your Excellency that that is now removed on our
part, by our withdrawing our claims upon New Hampshire and New
York, and by confining ourselves solely, or very nearly, to that tract of
country which is described in the resolve of Congress of the 21st of Au-
gust last. Since, therefore, we have withdrawn our jurisdiction to the
confines of our old limits, we entertain the highest expectations that we
shall soon obtain what we have so long been seeking after, an acknowl-
edgement of independence and sovereignty. For this we have appointed
Commissioners, with plenary powers, to negotiate an alliance with the
1 From one of the original commissions, now in the state library, ele-
2Bevolutionary Correspondence, Letters to Washington, Vol. in, p. 492.
gantly written by Thomas Tolman.
26
386 Appendix H.
Confederated States, and, if they succeed, to take seats in Congress.
Should Heaven prosper the designs of their negotiation, we please our-
selves much that we, who are of one sentiment in the common cause,
and who have but one common interest, shall yet become one nation,
and yet be great and happy. The glory of America is our glory, and
with our country we mean to live or die, as her fate shall be. I have no
need to acquaint your Excellency, that our local as well as our military
(not to say political) situation, as an extended frontier, awfully exposed
these infant plantations to the power and fury of the common enemy.
Might we be so happy as to draw the attention of our country, we hope
to be favored with your particular exertion. I have the honor to be,
Sir, with great respect,
Your most obed't and humble serv't,
Thomas Chittenden.
P. S. — This will be delivered by one of our agents, to whom I beg
leave to refer your Excellency for the more particular situation of this
State, with regard to military preparations and state of defence.
Proceedings in Congress on Vermont— April 1 to May 21 1782.
Monday, April 1, 1782.1
A letter, of the 31st of March, from Jonas Fay, Moses Robinson, Paul
Spooner and Isaac Tichenor, was read, informing, that in consequence
of the resolution of Congress of the 20th of August last, the state of
Vermont have invariably pursued every measure in order to comply
with the said resolution, in a manner that was consistent with the obli-
gations she was under to the people inhabiting the east and west unions,
and maintaining the peace and harmony of her citizens with those in-
habitants: and enclosing several resolutions of the legislature of Ver-
mont, announcing their compliance with the preliminary required in the
said resolution of Congress of the 20th of August last; together with a
duplicate of a commission to them, under the great seal of the state, em-
powering them in behalf of the state of Vermont to subscribe the arti-
cles of confederation.2
1 Journals of Congress, Folwell's edition, 1781-82, Vol. vii, p. 244.
2 The letter was as follows:
[From K H. Grants, Vol. 2, No. 40, p. 273, in the State Department, Washington.]
Delegates for Vermont to the President of Congress.
Philadelphia, 31st March 1782.
Sir, — We have the honor to inform Congress that, in consequence of
their resolution of the 20th of August last, reciting vizt.
" By the United States in Congress assembled 20th August 1781.
" On a reconsideration of the resolution respecting the people inhabit-
ing the New Hampshire Grants, it was altered and agreed to as follows.
" 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 Vermont,
and their admission into the federal Union, that they explicitly relin-
quish 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
Proceedings in Congress on Vermont. 387
A motion was made by Mr. Clark, seconded by Mr. Scott,
" That the letter of Jonas Fay, &c. with the papers accompanying the
same, together with the several papers on the files of Congress relating
to the same subject, and received since the 20th of August last, be re-
ferred to a committee."
This motion was agreed to by the following vote: Yeas — Massachu-
setts, Khode Island, Connecticut, New Jersey, Pennsylvania, Delaware,
and Maryland — 7 states. Mr. Livermore of N. H. voted in the affirma-
tive, but his vote could not be counted as the vote of the state. Nays
— New York, Virginia, and Georgia — 3 states. Divided — South Caro-
lina. On the 3d of April Mr. Madison moved that the proceedings of
Vermont in Oct. 1781 rejecting the conditions required by the resolu-
tions of Congress of August 20 1781, and the resolutions of New York
of the 15th and 19th of November 1781, be entered on the journals.
the north west corner of the State of Massachusetts thence running
twenty miles east of Hudson 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 N. Hampshire to the river running
from South Bay to Lake Champlain, thence along said river to Lake
Champlain, thence along the waters of Lake Champlain to latitude forty
five degrees north; excepting a neck of Land between Missisque bay
and the waters of Lake Champlain."
The state of Vermont have invariably pursued every measure in order
to comply with the resolution above recited, in a manner that was con-
sistent with the obligations she was under to the people inhabiting the
East and West Unions and maintaining the peace and harmony of her
citizens with those inhabitants.
By the earliest opportunity we enclose several resolutions of the Leg-
islature of Vermont, announcing their compliance with the Preliminary
required in the resolution of Congress, together with a duplicate of our
Commission, impowering us in behalf of the State of Vermont to sub-
scribe Articles of confederation.
Keposing the highest confidence in the wisdom and Honor of Con-
gress; We assure ourselves that not the least obstacle remains to our
admission into a federal Union with [the] United States of America.
As we expect the enemy will make their appearance in force on the
frontiers of Vermont, as soon as the Lakes will permit, which time we
view to be not far distant, and as the union of the United States with
the State we have the honor to represent would animate its inhabitants
in support of the Confederacy, we therefore wish to be made acquainted
that Congress enter on the business as soon as they may find it conven-
ient, that we may transmit the result to our Constituents.
We are, sir, with esteem,
Your most obedient Humble servants,
Jonas Fay,
Moses Robinson,
To His Excellency John Hanson Esqr> Paul Spooner,
President Congress. Isaac Tichenor.
[Endorsed,]
April 1, Referred with the papers on the files relating to the same
subject and rec'd since 20th Aug. last, to Mr. Clymer, Mr. Law,
Mr. Carroll, Mr. Clarke, Mr. Livermore.
388 Appendix E.
This motion was rejected, six states to four; but on the next day Mr.
Livermore moved that the papers be entered on the journals as a part
of the motion made by Mr. Madison, which was agreed to.1
Wednesday, April 17, 1782.
The committee, consisting of Mr. Clymer, Mr. Carroll, Mr. Clark, Mr.
Livermore, and Mr. Law, to whom was referred the letter of the 31st of
March, from Jonas Fay and others, logether with other papers relating
to the same subject, received since the 20th day of August last, delivered
in a report, which being read,
A motion was made by Mr. Scott [of New York,] seconded by Mr.
Livermore [of N. H.,] that the first Tuesday in October next be as-
signed for the consideration of the report.2
And on the question the yeas and nays were required by Mr. Scott,
the report being as follows:
That Congress, on the 20th of August last, by the votes of nine states,
resolved as follows: on a reconsideration of the resolution respecting the
people inhabiting the New Hampshire grants, it was altered and agreed
to as follows :
" 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 seventh 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 re-
linquish all demands of lands or jurisdiction on the east side of the west
bank of Connecticut river, and on the west side of a line beginning at
the northwest corner of the state of 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 said river to Lake
Champlain, thence along the waters of Lake Champlain to latitude forty-
five degrees north, excepting a neck of land between Missiskoy Bay and
1 See ante, pp. 321-323, 364-367.
2 This motion was made in the interest of the two states which were
claiming Vermont; probably in anticipation that Congress would by
that time accept the cession of western lands claimed by New York, and
change the votes of some states that were, at the above date, favoring
Vermont. The cession of New York was accepted on the 29th of Octo-
ber 1782. On this event Mr. Madison wrote to Edmund Pendleton
as follows:
Besides the effect which may be expected from the coalition [of sun-
dry states] with New York, on territorial questions in Congress, it will,
I surmise, prove very unfriendly to the pretensions of Vermont, Duane
[of New York,] seems not unapprised of the advantage which New
York has gained, and is already taking measures for a speedy vote on
that question. Upon the whole, New York has, by a fortunate coinci-
dence of circumstances, or by skillful management, or by both, suc-
ceeded in a very important object; by ceding a claim, which was tenable
neither by force nor by right, she has acquired with Congress the merit
of liberality, rendered the title to her reservation more respectable, and
at least damped the ardor with which Vermont has been abetted.— See
Madison Papers, Vol. i, p. 470, cited in Vt. Hist Soc. Coll., Vol. n, p. 304.
Proceedings in Congress on Vermont. 389
the waters of Lake Champlain;" which resolution was reconsidered and
confirmed on the succeeding day, to wit, the 21st of the same month:
That, in the opinion of your committee, the competency of Congress
to enter into the above resolutions, was full and complete, — the concur-
rent resolutions of the Senate and Assembly of the State of New York,
of the fifteenth and nineteenth of November last, containing a protest
against the authority of Congress in the matter, notwithstanding; these
concurrent resolutions, in letter and in spirit, being, undeniably, incom-
patible with a legislative act of the said state of a preceding dajr, to wit,
the twenty-first of October, 1779, wherein there is an absolute reference
of the dispute between that state and the people of Vermont, respecting
jurisdiction, to the final arbitrament and decision of Congress: and from
which alone would result to Congress all the necessary authority herein:
That on the ■ day of , the people residing in the district,
called Vermont, in considering the said acts of Congress of the 20th and
21st of August, did reject the propositions therein made to them, as pre-
liminary to an acknowledgment of their sovereignty and independence,
and admission into the federal union, as appears by their proceedings
on the files of Congress: but that, on a subsequent day, the aforemen-
tioned resolutions of the 20th and 21st of August being unaltered and
unrepealed, and the proposition therein contained, in the opinion of
your committee, still open to be acceded to, the said people did, in their
general assembly, on the 22d of February last enter into the following
resolution:
"' That the west bank of Connecticut river, and a line beginning at the
northwest corner of the commonwealth of Massachusetts, from thence
northward twenty miles east of Hudson's river, as specified in the reso-
lutions of Congress in August last, shall be considered as the east and
west boundaries of this state.
" And that this Assembly do, hereby, relinquish all claims and de-
mands to, and right of jurisdiction in and over, any and every district of
territory without said boundary lines:"
That, in the sense of your committee, the people of the said district,
by the last recited act, have fulty complied with the stipulation, made
and required of them, in the resolutions of the 20th and 21st of August,
as preliminary to a recognition of their sovereignty and independence,
and admission into the federal union of the states, and that the condi-
tional promise and engagment of Congress, of such recognition and ad-
mission, is thereby become absolute, and necessary to be performed;
your committee therefore submit the following resolution:
That the district of territory, called Vermont, as defined and limited
in the resolutions of Congress of the 20th and 21st of August, 1781, be
and it is hereby recognized and acknowledged by the name of the State
of Vermont, as free, sovereign and independent; and that a committee
be appointed to treat and confer with the agents and delegates from said
state, upon the terms and mode of the admission of the said state, into
the federal union.
Mr. Livermore of N. H., and the states of New- York and Virginia
voted for this motion; Delaware was divided; and Mr. Carroll of Mary-
land, and the states of Massachusetts, Rhode Island, Connecticut, New
Jersey, Pennsylvania, South Carolina, and Georgia voted in the nega-
tive. Mr. Montgomery of Pennsylvania, seconded by Mr. Ellery of
Rhode Island, proposed the third Tuesday of the next June; which was
yoted for by those two states only. Mr. Middleton, seconded by Mr
390 Appendix H.
Bee, [both of South Carolina,] then proposed the next Monday; for
which only the states of South Carolina and Georgia voted. l
Saturday, April 20, 1782.
A letter of the 19th, from Jonas Fay, Moses Robinson, and Isaac Tich-
enor, was read; whereupon a motion was made by Mr. Jones, seconded
by Mr. Madison, [both of Virginia,] in the words following:
Jonas Fay, Moses Robinson, and Isaac Tichenor, stiling themselves
agents and delegates from the state of Vermont, having in their letter
of the 19th inst. informed Congress, "that in consequence of the faith of
Congress, pledged to them in and by a resolution of the 20th of August
last, and by official advice from sundry gentlemen of the first character
in America, the legislature of Vermont have been prevailed upon to
comply in the most ample manner with the resolution aforesaid:"
Besolved, That the secretary be directed to apply to the said Jonas
Fay, Moses Robinson, and Isaac Tichenor, and request them to commu-
nicate to him the said official advice, together with the names of the gen-
tlemen from whom the same was received.
New York, Virginia, and North Carolina only voted for this resolu-
tion, and it was therefore rejected.2
lMr. Madison explained these votes thus:
The consideration of the report will not be called for, however, until
the pulse of nine states beats favorably for it. This is so uncertain that
the agents (of Vermont) have returned. — See Madison Papers, Vol. I,
p. 121, cited in Vt. Hist. Soc. Collections, Vol. n, p. 261.
2 The letter of the Vermont agents and delegates was as follows:
Philadelphia, April 19th, 1782.
Sir, — The situation in which Congress has been pleased to leave the
business of our mission, as agents and delegates from the state of Ver-
mont, renders our attendance, at present, unnecessary.
As the representatives of an independent and virtuous people, we
esteem it our duty to inform Congress that, in consequence of their faith,
pledged to us, in and by a resolution of the 20th of August last, and by
official advice from sundry gentlemen of the first character in America,
the Legislature of Vermont have been prevailed upon to comply, in the
most ample manner, with the resolution aforesaid.
On the 31st ult. we, officially, acquainted Congress with the said com-
pliance, together with the powers vested in us, in full confidence that,
from the integrity and wisdom of that honorable body, no obstacle could
prevent our confederation and union with them.
We are disappointed with the unexpected delay of Congress, in exe-
cuting, on their part, the intent and spirit of the resolve above cited.
We would not wish to urge the attention of the Grand Council of
America from matters of more consequence than merely the happiness
of a state: but the critical situation Vermont is reduced to, by casting
off a considerable part of her strength, in being exposed, as a forlorn
hope, to the main force of the enemy in Canada, and destitute of the aid
of the United States, in whose cause, at an early period, she freely
fought and suffered, will, we presume, sufficiently apologize for being
thus urgent, that unnecessary delay may not deprive us of the benefits
of the confederation.
We purpose to leave this city to-morrow morning, and expect to be
Proceedings in Congress on Vermont. 391
Tuesday, May 21, 1782.
Mr. Scott, a delegate for the state of New-York, delivered at the table
two papers which he desired to have read; and the same being read, a
motion was made by Mr. Scott, seconded by Mr. Middleton, in the fol-
lowing words:
That two papers which have been this day read in Congress, purporting
to be certified by Robert Harpur, deputy secretary of the state of New-
York, as true copies of two certain original acts of the legislature of the
said state lodged in the secretary's office of the said state: the one is in
the words and figures following, to wit:
" An act for pardoning certain offences committed in the northeastern part
of this state. Passed the 14th April 1782.
Whereas, divers inhabitants, residing in the northeastern part of this
state, who have, heretofore, denied the sovereignty and jurisdiction of
the people of this state, in and over that part of this state, and, by their
unwarrantable combinations, created commotions, to the great distur-
bance of the peace and tranquility of this state, have, by their humble
petition to the Legislature, represented that they were seduced and mis-
led, by artful and designing men, from their duty and allegiance to this
state; and have, moreover, professed a sincere repentance of their crimes
and misdemeanors, and implored the clemency of government, and hum-
bly entreated the passing of an act of indemnity, oblivion and pardon:
and this Legislature being disposed to extend mercy:
Be it therefore enacted by the people of the state of New- York, repre-
sented in senate and assembly, and it is hereby enacted, by the authority
of the same, That all such of the inhabitants of this state, who dwell and
reside nonh of the north bounds of the state of Massachusetts continued
to Hudson's river, east of Hudson's river, south of the latitude forty-five
degrees north, and west of Connecticut river, are hereby acquitted, par-
doned, released and discharged from all treasons, felonies and conspira-
cies, whatsoever, at any time heretofore done and committed by them or
officially acquainted when our attendance will be necessary and have the
honor to be, sir, your most obedient and humble servants.
Jonas Fay,
Moses Robinson,
Isaac Tichenok.
His Excellency the President of Congress.
The letters of Washington and Oliver Wolcott were of course
the letters referred to by the Vermont agents, both of which had been
read in the Vermont Assembly, and were very influential in procuring
the assent of Vermont to the terms imposed by Congress. The words
"official advice " were liable to criticism, though their meaning is appa-
rent. Vermont was advised by the commander of the continental army,
and a delegate in Congress. They held "official" positions certainly,
though their letters were private. But more: a copy of Washington's
letter to Gov. Chittenden was subsequently sent to the President of Con-
gress by Washington himself, with this statement: " If it should be nec-
essary, a committee of Congress, with whom I was in conference on these
matters in the course of last winter, [winter of 1781-2,] can give such
further information on this subject as I doubt not will be satisfactory." —
See Vt. Hist. Soc. Collections, Vol. n, p. 224. A committee of Congress
in those days ranked very near to " official " authority.
392 Appendix H.
any of them, against the people of the state of New-York, as sovereign
thereof, or against the government and authority derived from, or estab-
lished by, the said people; all capital, corporal or pecuniary punishment,
fines and forfeitures, judgments and executions, to which they severally
were liable, in consequence of the crimes and offences aforesaid, are
hereby remitted and discharged; and all and every the said persons shall
be, and hereby are, fully and wholly restored, in person and estate, to the
same state and condition wherein they severally were, at any time before
the said crimes and offences were commit1 cd or perpetrated.
And be it further enacted by the authority aforesaid, That no person or
persons whatsoever, shall have the benefit of the said pardon, for the
purpose of pleading the same against any charge of treason or other of-
fence already found, or hereafter to be found, against them or any of
them, for adhering to the King of Great-Britain, the enemy of this state,
or for any murder; or that such pardon shall be a bar to a conviction,
judgment or execution for the said treason or other offence, last men-
tioned, or for murder as aforesaid."
And the other of the said papers in the words and figures following,
to wit:
" An act for quieting the minds of the inhabitants in the northeastern parts
of this state. Passed the 14th April, 1782.
Be it enacted by the people of the state of New-York, represented in
senate and assembly, and it is hereby enacted by the authority of the
same, That all charters, patents or grants, for lands within this state,
lying within the following bounds, to wit: Beginning at a certain point
in the west bank of Connecticut river, where the boundary line between
the states of Massachusetts and New-Hampshire, if continued across the
said river, would intersect the said west bank, and running from the said
point, along the west bank of Connecticut river to the latitude of forty
five degrees north, thence westerly, in the said latitude, to the west side
of Missisqua Bay, in Lake Champlain, thence westerly, in the said lati-
tude, to the east bank of the waters of the said lake, thence southerly,
along the east bank of the said lake and the waters thereof, to the most
southerly point where any of the grants, heretofore issued or made, by
the late government of the late colony of New-Hampshire, come to the
said lake, thence along the south and west bounds of the said grants, or
as the said grants are now held or possessed under such grants, so far
south, as to meet with a line continued from the first mentioned boundary
between the states of Massachusetts and New-Hampshire, through the
said place or point of beginning, thence easterly, by the said continued
line as aforesaid, to the said place or point of beginning, made or issued
by the government of the late colony, now state of New-Hampshire, and
which were made or issued, prior to any charter, patent or grant for the
same lands, heretofore made or issued by the government of the late
colony, now state of New-York, or by the government of any other col-
ony, shall be, and hereby are, ratified and confirmed to the respective
grantees, their heirs and assigns forever; and every such prior charter,
patent or grant, is hereby declared to be as legal and valid, to all intents,
constructions and purposes whatsoever, as if the same had been made or
issued under the great seal of the said late colony of New-York, or had
been made or issued under the great seal of this state, and as such, may
be given, and shall be allowed, in evidence, in every court of record
within this state; and no such charter, patent or grant, hereby ratified
and confirmed as aforesaid, shall be deemed void, or in any wise injured,
by reason of the non-performance of any condition or provision therein
contained, or by reason of the non-payment of any quit-rent therein
reserved; any law, usage or custom to the contrary thereof, notwith-
Proceedings in Congress on Vermont. 393
standing; provided always, that any person or persons who, heretofore,
held or claimed lands under grants from the late colony of New-Hamp-
shire, who have, afterwards, obtained grants for the same lands, either to
themselves or to others, in trust for them, under the late colony of New-
York, operating as a confirmation thereof, — in such case or cases, such
person or persons, or their assignees, shall be deemed forever hereafter,
to hold the said lands by the latter title.
And whereas, many of the inhabitants residing within the district of
country above described, did, in or about the year one thousand seven
hundred and seventy-seven, declare themselves an independent people,
and did assume a government under the name, style or title of the gov-
ernment of the state of Vermont, or of the state of Vermont; and the
said assumed government hath made grants of lands within the said
territory:
Be it further enacted by the authority aforesaid, That all charters,
patents or grants of lands, so made or issued, before the passing of this
act, and which were made or issued prior to any charter, patent or grant
for the same lands, heretofore made or issued, by the government of the
late colony of New-York, shall be, and hereby are, ratified and confirmed
to the respective grantees, their heirs and assigns forever; and such
charters, patents or grants, are hereby declared to be as legal and valid,
to all intents, constructions and purposes whatsoever, as if the same had
been made or issued by the government of this state; and as such may
be given, and shall be allowed, in evidence, in any court of record within
this state; and no such charter, patent or grant, so ratified and confirmed,
as last aforesaid, shall be deemed void, or in any wise injured, by reason
of the non-performance of any condition or proviso therein contained, or
by reason of the non-payment of any quit-rent therein reserved; any law,
usage or custom, to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, That all persons
now actually occupying, possessing and improving, lands within the said
district of country, or who did, at any time, before the passing of this act,
actually occupy, possess and improve lands therein, not heretofore granted
by any late colony, shall be, and they, and their legal representatives, re-
spectively, are hereby confirmed in such their respective possessions and
improvements, and shall have, and receive, parents therefor, from the
government of this state, without paying for such patent any fee or re-
ward, the expence of surveying such lands excepted; provided, that no
such patent as last aforesaid, shall issue, for more than the quantity of five
hundred acres of land; and where such occupant, possessor or improver,
or legal representatives, shall not have possessed the said quantity of five
hundred acres of land, he or she shall, respectively, be allowed and granted
such additional quantity of land, out of any vacant, unappropriated lands,
lying contiguous to such possession, as shall be equal to the deficiency.
And whereas, it is the intention of the Legislature, that such parts of
this act as relate to quieting or confirming titles and possessions, within
the district of country, as aforesaid, shall not take effect, and that the in-
habitants residing within the said district of country, should not have the
benefits thereby intended, unless they should agree to renounce the said
assumed government, and return to their allegiance to the government
of this state:
Be it, therefore, further enacted by the authority aforesaid, That, upon
application of commissioners or agents, authorised and appointed by the
inhabitants residing in the said district of countxy, or by the inhabitants
of any town or towns, or district or districts therein, to the person admin-
istring the government of this state, for the time being, touching or con-
cerning the ratifying, confirming and quieting any titles to, or possessions
394 Appendix H.
of, lands within the district aforesaid, in cases not provided for by this act,
and of and concerning the mode, manner, terms and conditions, agreeable
to, and on which, the inhabitants within the district of country aforesaid,
shall agree to renounce the said assumed government, and acknowledge
allegiance to the government of this state, it shall and may be lawful for
the person administring the government of this state, for the time being,
by and with the advice and consent of the council of appointment, to ap-
point and commissionate, under the great seal of this state, three com-
missioners to meet, confer and agree with such commissioners or agents,
authorised and appointed by the said inhabitants of the said district of
country, or by the inhabitants of any town or towns, or district or districts
therein, on all and singular the matters and things above mentioned; and
all compacts, agreements and acts, entered into, made or done by the said
commissioners to be appointed on behalf of this state, or any two of them,
of or concerning the premises, shall be finally conclusive and binding on
the government of this state: provided nevertheless, that nothing in this
act contained, shall be construed to authorise the said commissioners to
agree to cede or relinquish the jurisdiction of this state over the district
of country aforesaid, or any part thereof, to any people, assemblies of
people, or person or persons whatsoever, or to consent or agree that any
part of the constitution of this state, shall be altered or changed.
And be it further enacted by the authority aforesaid, That nothing in
this act contained, shall be deemed, construed or taken, to restore any
person or persons, or his or their heirs, to his or their estate, within the
said district of country, who now stand attainted by the government of
this state, for adherence to the king of Great-Britain, or whose estate or
estates, have, or shall, become confiscate for such adherence, by virtue
of any law of this state."
Be committed to a special committee to report thereon:
On this motion the vote was as follows: Yeas — Pennsylvania, Dela-
ware, South Carolina, and Georgia — 4 states. Mr. Scott of N. Y. voted
aye, but could not cast the vote of the state. Nays — Massachusetts,
Rhode Island, and Maryland — 3 states. Mr. Root of Connecticut voted
no, but could not cast the vote of the state. Virginia was divided. So
the question was lost. This closes the record of Congress on Vermont
affairs in the period embraced in this volume.
Observations relating to the influence of Vermont, and
the Territorial Claims, on the politics of Congress.
By James Madison.1
May 1, 1782.
The two great objects, which predominate in the politics of Congress
at this juncture, are Vermont and the Western Territory.
I. The independence of Vermont and its admission into the confede-
racy are patronized by the eastern states (New Hampshire excepted)
first, from an ancient prejudice against New York; secondly, the inter-
1 Madison Papers, Vol. I, p. 122; Life and Writings of Washington,
Vol. VIII, p. 547. Mr. Sparks in a note states that a copy of this impor-
tant and interesting paper was given to him by Mr. Madison. In Early
History, pp. 406 to 408, Hiland Hall gives various references on this
paper.
Madison on Vermont and the Western Territorg. 395
est which citizens of those states have in lands granted by Yermont;
thirdly, but principally, from the accession of weight they will derive
from it in Congress. New Hampshire having gained its main object by
the exclusion of its territory east of Connecticut river from the claims
of Yermont, is already indifferent to its independence, and will probably
soon combine with other eastern states in its favor.
The same patronage is yielded to the pretensions of Yermont by Penn-
sylvania and Maryland, with the sole view of re-enforcing the opposition
of claims of western territory, particularly those of Virginia, and by
New Jersey and Delaware with the additional view of strengthening the
interests of the little states. Both of these considerations operate also
on Rhode Island, in addition to those above mentioned.
The independence of Yermont and its admission into the union are
opposed by New York for reasons obvious and well known.
The like opposition is made by Yirginia, North Carolina, South Caro-
lina and Georgia. The grounds of this opposition are, first, habitual
jealousy of a predominance of eastern interests; secondly, the opposi-
tion expected from Yermont to western claims; thirdly, the inexpedi-
ency of admitting so unimportant a state, to an equal vote, in deciding
on peace, and all the other^grand interests of the union now depending;
fourthly, the influence of the example on the premature dismemberment
of the other states. These considerations influence the four states last
mentioned in different degrees. The second and third, to say nothing
of the fourth, ought to be decisive with Yirginia.
II. The territorial claims, particularly those of Yirginia, are opposed
by Rhode Island, New Jersey, Pennsylvania, Delaware and Maryland.
Rhode Island is influenced in her opposition, first, by a lucrative desire
of sharing in the vacant territory as a fund of revenue; secondly, by the
envy and jealousy naturally excited by superior resources and impor-
tance. New Jersey, Pennsylvania, Delaware and Maryland are influ-
enced partly by the same considerations, but principally by the intrigues
of their citizens, who are interested in the claims of land companies.
The decisive influence of this last consideration is manifest from the
peculiar and persevering opposition made against Yirgiuia, within
whose limits these claims lie.
The western claims, or rather a final settlement of them, are also
thwarted by Massachusetts and Connecticut. This object with them is
chiefly subservient to that of Yermont, as the latter is with Pennsylvania
and Maryland to the former. The general policy and interests of these
two states are opposed to the admission of Yermont into the union; and
if the case of the western territory were once removed, they would
instantly divide from the eastern states in the case of Yermont. Of this,
Massachusetts and Connecticut are not insensible, and therefore find
their advantage in keeping the territorial controversy pending. Con-
necticut may likewise conceive some analogy between her claim to the
western country and that of Yirginia, and that the acceptance of the
cession of the latter would influence her sentiments in the controversy
between the former and Pennsylvania.
The western claims are espoused by Yirginia, North Carolina, South
Carolina, Georgia and New York, all of these states being. interested
therein. South Carolina the least so. 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 of ever main-
taining it. If the cession should be accepted, and the affair of Yermont
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.
APPENDIX I.
THE HALDIMAND CORRESPONDENCE— 1779-1783.1
Stimulated by the treaties, between France and the United States,
of amity, commerce, and defensive alliance against Great Britain, which
were signed at Paris Feb. 6 1778. the British government immediately
resolved to adopt a conciliatory policy towards the United States. Com-
missioners were appointed for the purpose, with power " to offer to the
colonies at large, or separately, a general or separate peace." The nego-
tiations with "Vermont resulted from this policy, and were instituted by
Sir Henry Clinton, who became chief commissioner when he suc-
ceeded Sir William Howe in the chief command of the British forces
in America.2 His head-quarters were at the city of New York, and from
thence the first, attempt was made upon Vermont in the letter of Col.
Beverly Robinson to Ethan Allen, dated March 30, 1780.3 To
Gen. Clinton, Gen. Frederick Haldimand was subordinate,* but in
lFrom the manuscript Stevens Papers — Haldimand, Vols. 1 and 2, in
the office of the Secretary of State. These volumes consist of selections
made from the British archives by Jared Sparks, and were transmit-
ted from London to the late Henry Stevens of Barnet by his son
Henry. To exclude all possible suspicion, these papers were published
complete, embracing much that does not relate to Vermont, in the sec-
ond volume of the Vermont Historical Society Collections. It is deemed
both proper and necessary, under the editor's commission, to exclude
from this volume such of the papers as are clearly extraneous.
2 See Vt. Hist. Soc. Collections, Vol. n, pp. 10-15, and authorities there
cited.
8 See Allen's History, in Vt. Hist Soc. Collections, Vol. i, p. 414.
4 Frederick Haldimand, born in the canton of Neuchatel, Switzer-
land, in Oct. 1718, entered the British army Jan. 4 1756, as Lieut. Col.
of the 60th Royal American Regiment, and served almost constantly in
America until 1784. He was Lieut. General from 1777, and Lieut. Gov.
of the Province of Quebec from 1778 to 1784, covering the entire period
of the negotiations with Vermont. He died at Yeverden, Switzerland,
June 5 1791. — Brake's Dictionary of American Biography.
Haldimand Correspondence. 397
this business he appears as the principal actor in behalf of the British
government, having been specially authorized by Lord George Ger-
maine,1 by reason of his readier access to Vermont and the position
of his army, which hovered on the northern frontier ready to advance
upon New York and Vermont.
The papers constituting the negotiation follow, all being from the Hal-
dimand volumes of the Stevens Papers except where otherwise indicated.
Memorandum of letter of Gen. Haldimand to Lord George Germaine.
January 11th 1779. — Your Excellency acquaints the Minister, That the
Insurgents of Vermont under Allen continue to give umbrage to what
is called the New York Government.2
Lord George Germaine to General Haldimand.
March 3rd- 1779. — The Minister says, " The separation of the Inhabit-
ants of the Country they style Vermont from the Provinces in which it
was formerly included is a Circumstance from which much advantage
might be derived, and sees no objection to giving them reason to expect
the King will Erect their country into a separate Province."
Beverly Hobinson to Ethan Allen?
New York, March 30, 1780.
Sir: — I am now undertaking a task which I hope you will receive with
the same good intentions that incline me to make it. I have often been
informed that you and most of the inhabitants of Vermont are opposed
to the wild and chimerical scheme of the Americans in attempting to
separate the continent from Great Britain, and to establish an indepen-
dent state of their own; and that you would willingly assist in uniting
America again to Great Britain and restoring that happy constitution
we have so wantonly and unadvisedly destroyed. If I have been rightly
informed and these should be your sentiments and inclinations, I beg
you will communicate to me without reserve whatever proposals you
would wish to make to the commander-in-chief,4 and I here promise that
1 Lord George Germaine, Viscount Sackville, third son of the first
Duke of Dorset, was born 26 Jan. 1716, and died 26 Aug. 1785. In Nov.
1775, he became Secretary of State for colonial affairs, which post he
filled through the American revolution. He supported all the rigorous
measures against America, and was opposed to offering conciliatory
terms to the continental Congress in 1778, proposing rather to tempt the
states separately, and thus by dividing them to conquer all. He was so
unpopular with the London populace in 1780 that he was obliged to bar-
ricade his house. — See Drake's Dictionary of American Biography; and
Vt. Hist. Soc. Collections, Vol. n, p. 15.
2 Many of the papers are only notes of and extracts from original pa-
pers, made for the use of Gen. Haldimand. They are given literally in
this volume, except that the editor has supplied headings and arranged
the documents in chronological order.
8 Ms. Ethan Allen Papers, p. 327.
4 Sir Henry Clinton, at New York city.
398 Appendix I.
I will faithfully lay them before him according to your directions, and
flatter myself I can do it to as good effect as any person whatever. I
can make no proposals to you until I know your sentiments, but I think
upon your taking an active part and embodying the inhabitants of Ver-
mont 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. I am an American myself, feel
much for the distressed situation my poor country is in at present, and
anxious to be serviceable toward restoring it to peace, and that mild and
good government we have lost. I have, therefore, ventured to address
myself to you on this subject and hope you will see it in a proper light,
and be as candid with me. I am inclinable to think that one reason why
this unnatural war has continued so long, is that all the Americans who
wish and think it would be for the interest of the country to have a con-
stitutional and equitable connection with Great Britain, do not commu-
nicate their sentiments to each other so often and freely as they ought to
do. In case you should disapprove of my hinting these things to you
and do not choose to make any proposals to Government, I hope you will
not suffer any insult to be offered to the bearer of this letter, but allow
him to return in safety, as I can assure you he is entirely ignorant of its
contents.
But if you should think it proper to send proposals to me to be laid
before the commander-in-chief, I do now give you my word that if they
are not accepted of or complied with by him, (of which I will inform
you,) the matter shall be buried in oblivion between us. I will only add
that if you should think proper to send a friend of your own here with
proposals to the general, he shall be protected and well treated here, and
allowed to return whenever he pleases.
I can say nothing further at present but my best wishes for the resto-
ration of peace and happiness to America. And am your humble ser-
vant, Bev. Robinson, Col. Royal Americans.1
To Col. Ethan Allen, ?
State of Vermont. I
1 Beverly Robinson was born in Virginia in 1723, and died at
Thornbury, England, in 1792. He settled in New York, where he mar-
ried Susanna, daughter of Frederick Phillipse, and acquired an immense
estate by the marriage. At the opening of the contest with Great Brit-
ain he sympathized with the Whigs and conformed to their habits of self-
denial in the use of British goods; but on the importunities of friends,
and perhaps to save his property when the British army possessed the
part of New York in which his estates were located, he accepted a com-
mission as colonel of a loyal American regiment, which he himself
raised, mainly in New York. In addition to service in the field, he was
employed by the British commander-in-chief in more delicate duties,
such as the successful corruption of Benedict Arnold, and the unsuccess-
ful attempt to seduce Ethan Allen and other leading Vermonters. Rob-
inson's estate was confiscated by the Whig government of New York,
but the British government made some compensation in a money grant
of £17,000 sterling, and offices to his sons. — Sabine's Royalists of the
American Revolution, Vol. ii; and Drake's Dictionary of American Biog-
raphy.
Haldimand Correspondence. 399
Though dated in March, this letter was not received by Allen until
July or August following — probably August, as stated in the Ethan
Allen Papers, and in Gov. Chittenden's letter to Washington of Nov. 14
1781. In Williams's History of Vermont, Vol. II, pp. 202 and 204, the
following account is given:
The wish and aim of the British general in New York was first an-
nounced in a letter from Col. Beverly Robinson to Ethan Allen, at that
time a colonel in the American service.1 The letter was dated New
York, March 30th, 1780, and delivered to Allen in the street at Arling-
ton, in July, by a British soldier in the habit of an American farmer. * *
* * On the receipt of this letter, Allen immediately communicated it to
the governor, and a number of the principal gentlemen in Vermont, who
agreed in opinion that it was most prudent not to return any answer,
but to let the matter pass into oblivion.
Ira Allen, who dwelt iu the same house with Ethan, and was thor-
oughly informed as to all public affairs in Vermont, agreed with the
above statement, but added:
Mr. Allen perused the letter, then told the bearer that he should con-
sider of it, and that he might return. * * General Allen immediately
communicated the contents of it to the governor and some confidential
friends, who agreed in opinion that it was best not to return any answer:
but it was agreed, that in consequence of application to the governor of
the friends of some persons that had been taken at Royalton, who were
v prisoners in Canada, that the governor should address a letter to the
'"commander-in-chief, General Haldimand, on the subject of a cartel for
the exchange of prisoners, and send a flag of truce with it to the first
British ship stationed on the lake, which was accomplished.2
The attack on Royalton was not made until October 16,3 so a reference
by Allen to that event as of July, or August, would be incorrect. Still,
May 1781, Allen stated to Maj. Lernoult that " Gov. Chittenden last July
sent a flag to the British commodore on Lake Champlain, with a letter
to Gen. Haldimand, requesting the exchange of some prisoners, which
produced a truce last autumn." This ignores Gov. Chittenden's letter in
September, to which Gen. Haldimand replied in October, tendering the
truce through Maj. Carleton.
Williams declared explicitly that Gov. Chittenden's letter to Gen. Hal-
dimand was in July, and for the relief of prisoners taken in the spring
of 1780.4
There is no record evidence that an exchange of prisoners was asked
of Gen. Haldimand in July 1780; but there is proof that Gen. Washing-
ton was requested, in August of that year, to interpose with Haldimand
in behalf of officers of Warner's regiment.5 But if it be true that Gov.
1 Allen was brevet colonel by the authority of Congress. He was not
in the continental service, but in the service of Vermont as general.
2 Vermont Historical Soc. Collections, Vol. i, pp. 414, 415.
3 Thompson's Vermont, Part n, p. 69.
* Williams's History, Vol. II, p. 205.
5 See letter of Gen. Washington to Col. Ethan Allen, Aug. 30 1780, in
Vt. Hist. Soc. Collections, Vol. n, p. 64; and Life and Writings of Wash-
ington, Vol. vii, p. 179.
400 Appendix I.
Chittenden wrote to Haldimand for an exchange in July, it is evident
that that was not the letter to which Haldimand responded, but another
letter, dated Sept. 27 1780. It is to this probably that Ira Allen referred
in the statement before quoted. The proof is in the following memo-
randa:
September 27 1780: Gov. Chittenden wrote to Gen. Haldimand, ask-
ing a cartel for exchange of prisoners. x
October 20: Gen. Haldimand issued instructions to his commissioners.2
October 22: Gen. Haldimand wrote by Maj. Carletonin answer to Gov.
Chittenden's letter of Sept. 27. For abstract of Haldimand's answer see
ante, p. 48.
October 24: Maj. Carleton informed Gen. Allen of Haldimand's letter
to Chittenden, forwarded by Capt. Justice Sherwood, who was author-
ized to treat with Vermont officers on the subject. Maj. Carleton prom-
ised to commit no hostile act on Vermont during the negotiation.
October 29: Gen. Allen transmitted the letters of Haldimand and
Carleton to Gov. Chittenden, and accepted Carleton's proposition to
cease hostilities, provided the truce should embrace the northern fron-
tier of New York; of which on the same day he notified Col. Webster
of the New York forces.
October 31: This correspondence was read in the Vermont Assembly,
when Gov. Chittenden stated " that he had wrote to Gen. Haldimand by
advice of his Council making proposals to exchange prisoners, which
occasioned the letters from Gen1- Haldimand & Majr- Carleton, &c." On
the same day both Houses advised the Governor " to appoint and im-
power some suitable person or persons to further negotiate the settle-
ment of a Cartel with Majr- Carleton agreeable to Gen1- Haldimand's
proposals for that purpose."
November 2: Ira Allen and Joseph Fay were accordingly appointed.3
From these facts two important conclusions follow: one is that Gov.
Chittenden proposed to Gen. Haldimand simply an exchange of prison-
ers, and not until he judged the application through Washington would
fail; and the other is, that the truce proposed by Haldimand was used
by him as the opportunity for attempting to detach Vermont from the
American cause, by his instructions to his commissioners of Oct. 20
and Dec. 20 1780.
While this correspondence was going on, the enemy had been busy
and successful in their work of devastation in New York.
1 B. H. Hall's ms. memorandum from the Stevens Papers. The in-
dex does not refer to this letter, and it is probable the date was found in
Haldimand's letter to Chittenden, October 22, of which Mr. Hall gave
an abstract only.
2 Date in Haldimand's further instructions of December 20 1780, post.
3 For the documents and proceedings here referred to, see ante, pp.
47-50.
Haldimand Correspondence. 401
October 10, Fort Ann was invested by the Britith, under Major Carle-
ton, and its garrison surrendered; on the 13th, Fort George capitulated;1
and after destroying almost all the farm-houses and barns in Kings and
Queensborough townships, "they returned to Ticonderoga, in the vicinity
of which place they continued until the 22d, and then fell down the lake
[Champlain] to about ten miles north of Crown Point. On Wednesday
the 25th, the whole embarked in their batteaux, and proceeded towards
St. Johns, but were soon met by an express-boat which brought them all
back. On the evening of that day a reinforcement arrived — between five
and six hundred."2
This report was treated by Gen. Schuyler as evidence of a second in-
vasion in greater force, and it occasioned great alarm, in both New York
and Vermont. In fact, however, Carleton returned to propose the truce
to Vermont, and having effected that and extended it also to New York,
he retired with his forces to Canada.8
The documents next in chronological order in the Haldimand Papers
are the following, all of which were furnished by Ira Allen, with the pa-
per of May 11 1781, styled " Col. Allen's Information."
Gov. Chittenden to Gov. Clinton, Nov. 22 1780— see ante, p. 266; same
to Gov. Trumbull, Dec. 12 1780 — see ante, p. 274; and same to Gov. Han-
cock, same date — see ante, p. 198.
Gen. Haldimand to Lord George Germaine.
December 16th- [1780.]
Your Excellency mentions to the Minister that you have some reason
to believe the Offers you made to the Chief of that district [Vermont]
some time since, have been, or may be accepted.
The above is placed in the index to the Haldimand Papers as of
December 16 1781, though the year is not named in the memorandum
itself. The reply of Gen. Haldimand to Lord George Germaine's letter
of February 7 1781 was dated May 23 1781, and referred to Haldimand's
letter to the Minister as " of the 16th of December." This therefore
fixes the date as given above. The truce with Ethan Allen had then
been agreed to, and the Vermont commissioners had entertained Haldi-
mand's agents with "much political conversation, and exhibits of papers
took place," 4 from which, according to Williams, "the British concluded
they were in a fair way to effect their purposes." 6
1H. Hall's Early History, p. 320.
8 Gen. Schuyler, at Saratoga, Oct. 31, to Gen. Washington.— Wash-
ington Letters, in State Department, Vol. xliii, p. 129.
3 For details of the suspicions entertained by Washington and Schuyler
at this period, and the alarm prevailing in Vermont and New York, see
Vt. Hist. Soc. Collections, Vol. n, pp. 73-82.
4 Vt. Hist. Soc. Collections, Vol. I, p. 416.
5 Williams's History, Vol. n, p. 207.
27
402 Appendix L
Instructions of Gen. Haldimand to Commissioners appointed to negotiate
with Vermont, Dee. 20 1780.
(Copy.) Instructions to ... ."
Having given you full power in my name to negotiate, in conjunction
with M . [Major Dundas,2] with the people of Vermont for
the Exchange of prisoners by my Letter of the 20th- October , I now
instruct you in what you may assure and promise to them as the means
of accommodation, and their return to their allegiance. Sensible of the
Injustice which Individuals in the New York Government attempted
against them, in solliciting and obtaining Grants of Lands which had in
consequence of Grants from New Hampshire been cultivated by the
labour and industry of the Inhabitants of the Green Mountains, I
always regretted the measures which were taken by the Government of
New York and felt compassion for the unhappy people who were the
objects of them. I have always been of opinion that a people who
during the last war were so ready on every occasion to oppose the
Enemies of Great Britain, and [would] never have been prevailed upon
to separate themselves from a Country with which they were intimately
connected by religion, laws and language, had their properties been
secured to them. It is therefore with great cheerfulness that I authorise
you to give these people the most positive assurances that their Country
will be erected into a separate province independant and unconnected
with every Government in America, and will be entitled to every prerog-
ative and Immunity which is promised to other Provinces in your [copy
of the] Proclamation of the King's Commissioners.3 This I hope will be
sufficient to remove every jealousy of Great Britain wishing to deprive
them of their Liberties, or of my ever becoming an Instrument to oppress
them. I sincerely wish to bring back to their Allegiance a brave and
unhappy people, so that they may enjoy the Blessings of peace, Liberty,
and an honest Industry. From the report you made me, I consider these
people as sincere and candid in their propositions. I will therefore act
towards them with the sincerity of a Soldier unpracticed in deceit and
chicane, and you may assure them that I would be sorry to engage
them in any enterprise which might prove ruinous to them. I am sen-
sible that their situation is delicate; that the utmost caution is necessary
not only with regard to the powerful Enemies which surround them, but
with regard to their own people, whose prejudices are great and many,
and who cannot, at first view, see the advantage which will accrue to
America in general as well as to themselves in particular from a recon-
ciliation with the mother Country. I am so much convinced of the
present infatuation of these people, and so far removed from expecting
that the people with whom you negotiate, will betray any trust reposed
in them, that 1 agree, that this negotiation should cease, and any step
that leads to it be forgotten, provided the Congress shall grant the State
of Vermont a seat in their Assembly and acknowledge its independency.
I trust that time and other methods, will bring about a reconciliation
and a return to their Allegiance, and hope, and expect, they will act
1 Capt. Justice Sherwood, a Vermont Tory; and Dr. Geo. Smythe,
Tory, of Albany, N. Y.— See ante, p. 147; and Vol. i, p. 192.
2 Gen. Francis Dundas of the British army, whose duty was con-
fined on that occasion to the exchange of prisoners.
3 Doubtless meaning the proclamation and manifesto of the king's
commissioners to the people of the colonies, Oct. 3 1778.
Haldimand Correspondence.
403
towards me with the same frankness and sincerity, and apprize me by
your means of their intentions, prospects, and measures, so that I may
be more able to assist them.
In order to entitle the Inhabitants of the State of Vermont to the pro-
visions of Half Pay which His Majesty has been pleased to make to the
Officers of Provincial Corps who take Arms in support of his Govern-
ment, I propose to raise two Battalions consisting of Ten Companies each,
to be commanded by Messrs- Allen and Chittenden, or any others whom
the Governor and Council of Vermont shall appoint, with the rank and
pay of Lieutenant Colonels Commandants, of which I shall myself be
Colonel, but to which the Lieutenant Colonels Commandants shall, subject
to my approbation, have the Appointment of the Officers, and if the de-
fense of the state should require it, more will hereafter be raised upon
the same footing.
For the further encouragement of the persons who shall exert them-
selves in promoting the happy re-union, I promise, besides the above
appointments, that they shall have Gratuities suitable to their merits.
F. Haldimand.
Quebec, 20th- December, 1780.
Indorsed, (" Copy) No. 2. Instructions to . . . Dated 20th- De-
cember, 1780." *
(Copy.) — Queries
1st- What Forces
may I say Men [Al-
len] shall expect, and
when ?
2d- How far will
they penetrate into the
Country ?
3rd- Shall the Truce
be privately continued
with Vermont, and
will Neutrality at first
be accepted and Trade
granted ?
suggested by . . . and Answers thereto.2
To 1st and 2d- As soon as the people of Ver-
mont shall declare, either for a Neutrality, or for
the King, I will cause to march 3000 or more
Troops according as situation of things in the
other parts of the province will admit to the
lower end of Lake Champlain in order to sup-
port them, or to Co-operate with them in any
plan which may be Agreed upon.
3rd- There is the greatest necessity to keep
the Negotiation secret and to remove even
every suspicion of it, therefore the Truce cannot
be privately continued, nor Trade granted. The
Correspondence will be carried on by Flags, and
these must be conducted with the most rigid
precaution. I am equally sensible with the peo-
ple of Castletown, that there are Spies from
New York and other Colonies within this prov-
ince, and who will be very apt to watch every
Although dated December 20 1780, these instructions probably were
not communicated to Ira Allen until the meeting with Haldimand's com-
missioners, May 8 1781. Allen said: '-The next day [after his arrival]
the commissioners met to settle a cartel for the exchange of prisoners.
Major Dundas, Captain Sherwood, and George Smyth, Esq., produced
their credentials, as also Col. Allen." — Vt. Hist. Soc. Coll., Vol. I, p. 421.
2 These queries may have been suggested by Ira Allen, but evidently
they were put to General Haldimand by one of his commissioners. The
paper is not dated, but it is numbered next in order to the " Instructions "
to the commissioners, and the answers of General Haldimand are in-
structions in detail on the points raised.
404
Appendix I.
4th. wm the whole
of the New Hampshire
or Vermont Grants of
Land as they now
stand be confirmed to
the Grantees, or as
many of them as return
to their Allegiance, &
all other Claims inval-
idated? Will Vermont
have a separate Juris-
diction from any oth-
er Government under
the King ?
5th- Will they have
the privilege of chus-
ing their own repre-
sentatives and Civil
Officers, the Governor
excepted ?
6th- Will the Gene-
ral keep up a Corres-
pondence by Flags ?
7th- Whether Brig-
adier Allen shall Com-
mand his own Brigade
in Camp or action [act]
as temporary Briga-
dier ?
motion. The Flags from Vermont as well as
those from Albany will for the future be stop-
ped at Point-au-Fer, where proper persons will
be sent to confer with them.
4th- With regard to the 4th- Query, it appears
so reasonable that I can see no difficulty in it;
however, as the rights and pretensions of many
Individuals, even amongst themselves, may be
comprehended in it, of the particulars of which
I am entirely ignorant, and having no authority
to decide Controversies of that kind, I cannot
undertake for anything more than that the
Country shall have a separate jurisdiction inde-
pendent of every other in America, which to
me appears sufficient to secure the property of
every person belonging to the State of Vermont.
5th- With regard to the 5th- Query, you may
say that as their province will be perfectly inde-
pendent of every other Government under the
King, they will have an undoubted right to
every immunity, exemption or privilege men-
tioned in the proclamation of the King's Com-
missioners.
The 6th: Query is comprehended in the 3rd-
7th- Lieut: Colonel Allen will certainly have
the Command of the Troops of Vermont, subject
nevertheless to the Orders of the Officers whom
General Haldimand will send with the 3000
Men, but who will not interfere with the partic-
ular arrangements or detail of the Troops of
Vermont.
Indorsed, " No. 3. Queries and Answers."
Gov. Chittenden to Oen. Washingtori.
Arlington, State of Vermont, 15 January, 1781.
Sir: — I am extremely unhappy when I view the critical situation of
the interest of the United States, and the great evils which attend the
people in this quarter by the unhappy internal broils and contentions,
caused by the disputes between them and the several adjacent states,
which prevent that line of correspondence with your excellency neces-
sary to make the common interest become mutual, and which, 1 am not
insensible, puts it out of your excellency's power to hold such corres-
pondence as, I presume, from your known humanity and warm attach-
ment to the liberties of mankind, would be otherwise granted with
pleasure.1
1 This is a frank acknowledgment of the fact that, so long as Vermont
was notreeognized as a state by Congress, Washington could not offi-
cially correspond with Chittenden. — Correspondence of the Revolution,
Vol. in, p. 209.
Haldimand Correspondence. 405
Notwithstanding I esteem it my duty to inform your excellency of the
perseverance of the inhabitants of this state in the grand cause of lib-
erty in which they have embarked, and of the high estimation they en-
tertain of your excellency's eminent services as commander-in-chief of
the American arms, (not to flatter,) I am wanting in language to express
their feelings. I can only assure your excellency that nothing impedes
their willingness to support your excellency in the important trust of
commander-in-chief, at the risk of everything dear to them, but a want
of being assured, at the end, of sharing equal privileges with the United
States.
It gives me pain to give your excellency arry intelligence which may,
in the least, add toj your burden. But duty to my country, and self-pres-
ervation, make it become necessary to present an official account of our
situation in this quarter, so far as respects the interest of the common
ciuse; for which I refer your excellency to the enclosed letters, which
are copies of them sent as therein specified, and will give a particular
relation of the subject.1
I can only mention further to your excellency, that many prisoners,
inhahitants of this state, are in the custody of the enemy in Canada;
and that, notwithstanding we have taken more than three times the num-
ber from them, it is at present out of our power to return equal num-
bers, having delivered prisoners so taken, from time to time, to the Uni-
ted States. We are about settling a cartel for the redemption of our
men in Canada, as before mentioned.2 I must therefore beg your excel-
lency's indulgence with a sufficient number of prisoners to answer such
an exchange, should the commissioners appointed for that purpose agree.
Should this proposal meet your excellency's approbation, a return of the
number shall be immediately transmitted, and a compliance with any
reasonable requisition that may be necessary to complete a matter so
earnestly wished for by, sir, your excellency's most respectful and most
obedient humble servant, Thomas Chittenden.
Beverly Robinson to Ethan Allen.3
New York, February 2, 1781.
Sir, — I sent two copies of the above letter [of March 30 1780, ante, p.
397,] the first on the 12th of April and the second the 24th of May last,
neither of which I am afraid got to your hands, as I never had any an-
swers from you. But the frequent accounts we have had for three
months past from your part of the country, confirms me in the opinion
I had of your inclination to join the king's cause, and to assist in restor-
ing America to her former peaceable and happy constitution. This in-
duces me to make another trial in sending this to you, especially as I
can now with more authority, and assure you that you may obtain the
terms mentioned in the above letter, provided you and the people of
Vermont take an active part with us. I beg to have an answer to this
as soon as possible, and that you will (if it is your intention) point out
some method of carrying on a correspondence for the future; also in
1 The letters of November 22 and December 12 1780, to New York and
the several New England States.
2 If this was not a slip of the pen, it implied that Washington had been
notified by Chittenden before this date of the proposed cartel; but no
previous letter to that effect is found in Washington's correspondence.
Doubtless Ethan Allen's letter to Washington, Aug. 1780, was in Chit-
tenden's behalf, and that may be the one referred to.
3 Ethan Allen Papers, ms., p. 345.
406 Appendix I.
what manner you can be most serviceable to government, either by act-
ing with our northern army [Haldimand's] or to meet and join our army
[Sir Henry Clinton's] from hence. Should be glad you would give me
every information that may be useful to the commander-in-chief.
I am, sir, your most humble servant,
Beverly Robinson, Col. Loyal American Regiment.
To Col. Ethan Allen, Vermont.
Memoranda of dispatch from Lord George Germaine to Gen. Haldimand.
February 7, 1781. (N°- 77.)
The Minister says: The return of the people of Vermont to their
Allegiance is an Event of the utmost Importance to the King's Affairs.
General Haldimand has received Instructions to draw them over, and
give them support.
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.1 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 ou 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 irre-
sistible to people here.2
On the 23d of February,3 Ethan Allen received the second letter of
Beverly Robinson, dated at New York, February 2, and on the 9th of
March he transmitted both of Robinson's letters to Congress, with the
following :
Ethan Allen to the President of Congress.
(Copy.) Sunderland, 9 March 1781.
Sir, — Inclosed I transmit your Excellency two Letters which I re-
ceived under the signature thereto annexed, that they may be laid before
Washington had entertained such a design at times from September
1778 to December 1779.— Life and Writings, Vol. vi, pp. 56-423. Ver-
mont prepared to aid this proposed invasion of Canada. — See Vol. I, pp.
217-225.
3 This letter had been intercepted. It was read in Congress July 31,
and published in the Pennsylvania Packet of August 4 1781, and had an
immediate and powerful influence upon Congress, tending to settle the
long pending controversy in favor of Vermont. It is not in Stevens's
Haldimand Papers.
'This date is fixed by the report of the carrier and spy, made to Gen.
Haldimand in June following.
Haldimand Correspondence. 407
Congress: shall make no Comments on them, but submit the disposal of
them to their consideration. They are the identical and only Letters I
ever received from him, and to which I have never returned any manner
of Answer, nor have I ever had the least personal acquaintance with
him, directly or indirectly.
The Letter of the 2nd February, 1781, I received a few days ago, with a
Duplicate of the other, which I received the latter part of July last past,1
in the high road in Arlington, which I laid before Governor Chittenden
and a number of other principal gentlemen of the State (within 10 min-
utes after I received it) for Advice; the result, after mature deliberation,
and considering the extreme circumstances of the State, was to take no
further notice of the matter. The reasons of such a procedure are very
obvious to the people of this State, when they consider that Congress
have previously claimed an exclusive right of arbitrating on the existence
of Vermont as a separate Government, New York, New Hampshire, and
Massachusetts Bay at the same time Claiming this Territory either in
whole or in part, and exerting their influence to make Schisms among
the Citizens, thereby in a considerable degree weakening this Govern-
ment and exposing its Inhabitants to the Incursions of the British
Troops and their Savage Allies from the Province of Quebec.
It seems that those Governments, regardless of Vermont's contiguous
Situation to Janada, do not consider that their Northern Frontiers have
been secured by her, nor of the merit of this State in a long and hazar-
dous war, but have flattered themselves with the expectation that this
State could not fail (with their help) to be desolated by a foreign Enemy
and that their exhorbitant claims and avaricious designs may at some
future period take place in this District of Country.
Notwithstanding those complicated Embarrassments, and I might add,
Discouragements, Vermont, during last Campaign, defended her Fron-
tiers, and at the Close of it opened a Truce with General Haldimand
(who commands the British Troops in Canada) in order to settle a
Cartel for the mutual Exchange of Prisoners, which continued near 4
weeks in the same situation, during which time Vermont secured the
Northern Frontiers of her own, and that of the state of New York in
consequence of my including the latter in the Truce, although [that]
Government could have but little claim to my protection. I am confi-
dent that Congress will not dispute my sincere attachment to the Cause
of my country, though I do not hesitate to say I am fully grounded in
opinion that Vermont has an indubitable right to agree on Terms of
Cessation of Hostilities with Great Britain, provided the United States
persist in rejecting her Application for a Union with them: for Ver-
mont, of all people, would be the most miserable, were she obliged to
defend the Independence of the United Claiming States, and they at the
same time at full liberty to overturn and ruin the Independence of Ver-
mont. I am persuaded when Congress considers the circumstances of
this State, they will be more surprised that I have transmitted them the
enclosed Letters than that I have kept them in Custody so long, for I am
as resolutely determined to defend the Independence of Vermont as
Congress are that of the United States, and rather than fail, will retire
with hardy Green Mountain Boys into the desolate Caverns of the
Mountains, and wage war with Human nature at large.
(Signed) Ethan Allen.
His Excellency Samuel Huntingdon Esq., President of Congress.2
xOv August. — See ante, p. 399.
2 Samuel Huntington, of Connecticut.
408 Appendix I.
Indorsed, "N°- 7. Copy of a Letter from General Allen to Samuel
Huntingdon, Esq., President of Congress, dated Arlington, Mar. 9th-
1781." l
Ira Allen to the President of Congress.
(Copy) Sunderland, March 10th 1781.
Sir, — I herewith transmit to your Excellency an Act of Legislature of
the State of Vermont, laying a Jurisdictional Claim to the Land therein
specified. Also an Act purporting Articles of Union between this State
and a Convention held at Cornish in February last; As a private gentle-
man [I have] thought proper to transmit to Congress his information,
although this State declined further Application.
I am, with sentiments of Esteem, &c, &c,
[Signed,] Ira Allen.
His Excellency Samuel Huntingdon, Esq.
N". B. — From a New York Member of Congress to his Friend:
[Extract, &c] March 11th- [12th] 1781.
The Qn- [question] of the N. H. Gr'ts- will soon be settled, as the
State of that name urges its final decision, and there is great reason it
will be great and honorable to this State. The Cession made by Vir-
ginia to the United States hath removed the cause of opposition which
Maryland gave to our disputes not settled, and the other small States
not near us will ease their opinion, as the contention respecting us is
now removed.2
Memoranda of dispatch from Gen. Haldimand to Lord George Germaine.
April 30th- — Your Excellency sends the Minister some papers which
would give his Lordship the fullest information you had been able to
procure of the state of Vermont and Disposition of its Inhabitants, and
an Extract of a Letter from Gen. H. which expresses his suspicion that
Ethan Allen is endeavouring to deceive both the Congress and Us.
On the 1st of May 1781, Ira Allen commenced his journey to Isle
aux Noix to meet the British commissioners for the purpose of settling
a cartel. He went as sole commissioner for Vermont, attended by a
guard, consisting of Lieutenant Simeon Lyman, two sergeants, and six-
teen privates. He was politely received by the commandant, Maj. Dun-
das. Allen himself said:
The next day [after his arrival, probably May 6, making this first in-
terview on the 7th,] the commissioners met to settle a cartel for the ex-
change of prisoners; Major Dundas, Captain Sherwood, and George
Smythe, Esq., produced their credentials, as also Colonel Allen, and
they adjourned to the following day. Captain Sherwood walking next
morning with Colonel Allen, told him that Major Dundas bad no knowl-
edge of any business except the exchange of prisoners, and that he
[Sherwood] and Mr. Smythe were the commissioners to settle the ar-
mistice, and to conceit with him [Allen] measures to establish Vermont
a colony under the crown of Great Britain. Whether Major Dundas
iThe foregoing letter from Ethan Allen, and the one following
from Ira Allen, were sent to Gen. Haldimand by Beverly Robinson.
8 Gen. McDougall to Gov. Clinton, March 12 1781. — Clinton Papers, No.
3575. — See ante, p. 270. "The State of that name" was New Hampshire,
not the Grants.
Haldimand Correspondence. 409
was or not acquainted with the main business, he conducted himself as
if he was not [acquainted with it,] for which reason the papers respect-
ing the exchange of prisoners were kept by themselves for public in-
spection. What concerned the armistice was more verbal than written.1
Williams prefaced his account of this mission with the following
statement :
New York had withdrawn their troops from the post at Skenes-
borough; all the continental troops had been ordered out of the terri-
tory; and the adjacent states did not afford them [Vermont] any assist-
ance. The people of Vermont were exposed to the whole force of the
enemy in Canada, and had neither magazines, money, or an army, to
oppose the enemy at the northward, who were seven thousand strong.
[Ira Allen said ten thousand.] No way of safety remained for Vermont,
but to endeavor to effect that by policy which could not be done by
power. The cabinet council concluded that they were designedly forsaken
by the continent, to force them into a submission to New York;2 and that
it was clearly their duty to provide for the safety of the people in the
only way that remained, by managing the British attempts to corrupt
them, to their own [Vermont's] advantage?
The condition of the New York frontier at this period served to
strengthen these convictions. May 4, Gen. Schuyler, then at Sara-
toga, declared to Governor Clinton that it was impossible to keep up a
sufficient guard on the frontier for want of provisions; and on the 5th,
Brig. Gen. James Clinton wrote that the troops would abandon the
frontier — it was absurd to suppose they could or would exist under their
then present circumstances.4
Substance of what passed in a Conference with Col. Ira Allen between the
&h- and 25th- of May, 1781.
8th- Colonel Allen says, he is not authorized to treat of a Union, but is
verbally instructed by Governor Chittenden and General Allen to lay
their present Situation before General Haldimand, and to inform him
that matters are not yet ripe for any permanent proposals: that they,
with some part of the Council, are anxious to bring about a Neutrality;5
1 Vermont Historical Society Collections, Vol. I, p. 421.
2The Allens averred the same, Ira citing in proof the resolution of
Congress condemning the grants of land by Vermont — her main resource
for keeping troops in the field; and Gov. Chittenden charged New
York with withdrawing her forces from the frontier for the uavowed
purpose" of exposing Vermont to the common enemy.— See Vt. Hist.
Soc. Collections, Vol. I, p. 419, and post, 416; Chittenden to Washington,
ante, pp. 350-353; and Ethan Allen to Congress, ante, p. 407.
3 Williams's History, Vol. n, p. 207.
iVt. Hist. Soc. Collections, Vol. n, p. 54.
5 The General Assembly authorized negotiations for an exchange of
prisoners only. When Gen. Haldimand proposed to enlarge the scope
of the negotiations, and was humored by the Vermont commissioners,
but few Vermonters were in the secret. Gov. Chittenden in 1793 crave
410 Appendix I.
being fully convinced that Congress never intended to admit them as a
State, but they dare not make any Agreement with Britain until the
populace are better modelled for the purpose; wish, however, to settle a
Cartel for the Exchange of Prisoners, and thereby keep open a door for
further negociation.
9th- Vermont has excluded Jurisdiction [of New Hampshire] 20
Miles East from Connecticut River to the ancient Mason Line, and [of
New York] West from the North West corner of Massachusetts to
Hudson's River, following up the River to the Head, then due North to
the latitude of 45°.
The Eastern Inhabitants are now represented in the Assembly, and
the Western will probably be by the 15th- of next June. As this is done
at the request of the people, it will probably soon enable Vermont to
make proposals for a Union with Britain with more safety than at
present.
10th- Walked and discoursed fully with Colonel Allen. He is very
cautious and intricate. I urged him to make some proposals, telling
him that it is now in the power of Vermont to become a Glorious Gov-
ernment under Great Britain — to be the seat of peace and plenty, with
every degree of Liberty that a free people can wish to enjoy: that he
must see General Haldimand had, in his instructions to me,1 conceded
everything he could in reason ask or expect. He replied, General Hal-
dimand did not allow them to choose their own Governor, a privilege
they never could relinquish with propriety: that when they were ripe
for proposals, they could not go farther than Neutrality during the War,
at the end of which they must, as a separate Government, be subject to
the then ruling power, if that power would give them a free Charter in
every sense of the word; but, if not, they would return to the Mountains,
turn Savages and fight the Devil, Hell, and Human Nature at large. I
told him Vermont could not accomplish those extravagant flights: that
hot headed Men might pretend what they would, but that I knew
Human nature too well to be easily persuaded that the affectionate Hus-
band, Father, Wife and Mother could ever be prevailed upon to leave
their happy possessions, and, with an Infant train, lead a savage, wan-
dering Life, surrounded by Enemies of the human and brute Creation,
exposed to every inconvenience attending those unhospitable Mountains,
&c, &c. I did not pretend to know how far these Chimeras might
intimidate Congress, but I could assure him General Haldimand had too
much experience and good sense to take any further notice of them than
by that Contempt they meritted. Colonel Allen now began to reason
with more coolness, and made up a long chain of arguments advanced
by General Allen to me at Castleton.2 I told him those arguments had
been already exhibited to General Haldimand and were then satisfactory
the names of eight only — probably the number at the outset. Ira Al-
len gave the same number, but stated that "more were added as the
circumstances required." The names given by the Governor were
Thomas Chittenden, Moses Robinson, Samuel Safford, Ethan
Allen, Ira Allen, Timothy Brownson, John Fassett [jr.,] nnd
Joseph Fay.— See Williams's History , Vol. ii, p. 214; and Vt. Hist.
Soc. Collections, Vol. I, p. 421.
1 Capt. Justus Sherwood, Doct. Smythe being then in Albany.
2 Doubtless in October 1780, when Capt. Sherwood delivered to Gen.
Allen Gen. Haldimand's letter to Gov. Chittenden.
Haldimand Correspondence. 411
to him, but I was certain the General would now expect some further
advances; would therefore advise him, if he could not make any propo-
sitions in behalf of Vermont, to give his Excellency some reasons why
he did not. The conversation again became warm and spirited.
11th- Colonel Allen expressed a great desire to see the General, and
his power to treat with Vermont. I told bim it would give his own peo-
ple too much jealousy, and that he might rest assured General Haldimand
never will promise more than he is amply empowered to fulfil. Allen
observed he did not think the parliament had passed any act in favor of
Vermont. I answered, I did not think the parliament of Great Britain
has yet considered Vermont of consequence enough to engross the atten-
tion of that Assembly. He replied, in his opinion Vermont must be
considered of consequence enough to engross the attention of Parlia-
ment before any permanent Union can take place between Great Britain
and that people.
12th- This day had a long and very friendly Conference with Colonel
Allen. He seems anxious to convince me that a respectable num-
ber of the leading Men of Vermont are endeavouring to bring about a
Union by way of Neutrality. He appeared less reserved, and again re-
peated the arguments advanced by General Allen respecting the impos-
sibility of an Union with Great Britain until Vermont had fortified her-
self against the neighbouring States by a firm internal Union, and ob-
served they must firmly unite the extra Territories lately taken in, and
form the population into a proper system for such a revolution. He
says their best politicians are making every possible effort to bring this
about: that they have sent circular Letters to the different States as
promised by General Allen. He says they have taken in the new Terri-
tories with a view to embarrass Congress and strengthen themselves for
a revolution: that many members of Assembly from Connecticut River
and East are friends to Government, such as Judge Wells, Judge Jones,
Colonel Oliot [Olcott,] and many others:1 that when the Members for the
Western part take their Seats, it is expected that a number of them will
be composed of friends to Government, (or Tories.) Colonel Allen has
given me the following narrative, as nearly as I can recollect, viz: Ver-
mont having got information that New Hampshire had renewed her
Claims to that State, and had summonsed a Convention of one Member
from each Town for 20 Miles on each side of Connecticut River, to sit in
January, he was dispatched to attend said Convention. On his arrival
he found a number of Tories were members. He hinted to them Ver-
mont's plan of Neutrality, and to the others the advantage of joining
Vermont, by which they would evade a large burden of Taxes. By
those insinuations he soon gained over the Majority of the Convention
in favor of Vermont. They adjourned till February, when a Commit-
tee was appointed to take this matter under Consideration, and the
Committee reported in favour of a Union with Vermont. This Report
was carried to the Vermont Assembly, then convened at Windsor,
where it was ratified, and Articles of Union drawn up and sent out for
the approbation of the people, which was so unanimous that Members
were appointed from each town to sit in the Assembly. Colonel Alien
was sent from this Convention to the Assembly of New York, then sitting
at Albany, with an official demand from Governor Chittenden to relin-
quish their Claims to Vermont, to which the Senate agreed, but not
meeting with the same success with Governor Clinton. He returned to
the Assembly of Vermont with his report, who immediately made Arti-
1 Samuel Wells of Brattleborough, Daniel Jones of Hinsdale, N.
H., and Peter Olcott of Norwich.
412 Appendix I.
cles agreeable to the petitions of the people on the Western part, and
recommended a Convention of those people to take the Articles into
consideration and join the Assembly in June next. In consequence of
the Eastern Union, they have formed three Brigades — the first com-
manded by General Allen on the West side of the Mountain — the sec-
ond by B. General Bellows on the East side of the [Connecticut] River,
and the third by B. General Oliot [Olcott,] on the West side. On the
East side [of] the Mountains resides their Lieutenant Governor Carpen-
ter. Allen thinks when the Western Union is complete, they can raise
Ten Thousand fighting men. He says this great and sudden revolution
has been brought about upon the principles of an Union with Great
Britain, or at least of Vermont being a neutral power during the War.
Allen does not agree with Mr Johnson1 that the Majority wish to com-
promise with Britain, but says their prejudices are yet so great that it
would not be safe to propose it but to a tew of the population, and they
have not yet dared to mention it to half of the ruling Men.
13th- Colonel Allen still appears desirous to convince me that the
principal Men in Vermont are striving to prepare the people for a change
in favour of Government. He wishes me to represent everything in the
most favorable manner to the General, and hopes he will not be impa-
tient. He says it is as requisite the people should be prepossessed
against the proceedings of Congress before they are invited to a Union
with Britain, as it is for a Christian New light to be perfectly willing to
be d d before he can become a true Convert. This evening, Mr- Al-
len observed that the d d bustles among the powers of Europe would,
within six Months, change the face of American Affairs, but did not
know, nor care, whether for the better or worse. I replied, he must have
a predominant wish, as Neutrality was, in principle, in my opinion, in-
admissible. He said he should not deny but principle inclined him and
Vermont in general for the success of America, but interest and self-
preservation (if Congress continued to oppress them,) more strongly
inclined them to wish for the success of Great Britain, and fight like
Devils against their oppressors, be they who they might.
14th- Colonel Allen seemed immersed in Contemplation in conse-
quence of some News of the advantage the English have already gained
over the Dutch; the unanimous and spirited conduct of Great Britain;
their raising the yearly supply without the least embarrassment, &c.
He says, should Britain, by some d d turn of fortune gain a victory
over the Combined Fleets, all Europe would not be able to contend with
her, and he would give almost his Fortune to be able at this time to
know what will be the fate of America. He hopes I will not represent
any of our Conversation in such a light as to incline General Haldimand
to break off the Negociation, for he assures me the leading Men of Ver-
mont are sincerely anxious to continue it in such a manner as to bring
about a Pacification.
15th- Colonel Allen seems exceedingly anxious to return, and often
says his presence will be very necessary at the next Assembly, as they
will not know how to proceed until they hear what he has to report from
General Haldimand.
1 Probably Col. Thomas Johnson of Newbury, who was then a pris-
oner in Canada, and intimate with Capt. Sherwood. Johnson at that
time countenanced the negotiation, for the purpose of obtaining liberty
to return to his home; and on his return he denounced it in a letter to
Washington.— See Vt. Historical Mayazine, Vol. II, pp. 928-930.
Haldimand Correspondence. 413
18th- I endeavoured to persuade Colonel Allen to make some Over-
tures to General Haldimand, but he still says he is not authorized, and
cannot do anything of the kind. He thinks the General will be con-
vinced, by the reasons he has given in writing, that the leaders in Ver-
mont are doing all that is possible to effect an Union or Neutrality, and
that General Allen was obliged, for his own safety, to send Colonel Rob-
inson's Letters to Congress, as it was previously known in public that
such Letters had been sent to him. This was done by the voice of the
Legislature with their public approbation of General Allen's Conduct in
not detaining the Man who brought the Letter, which had a great ten-
dency to weaken the prejudices of the people in favor of Congress.
Governor Chittenden would have been happy to have had it in his power
to give him private instructions for an accommodation, but he is, with
his Council, under the Eye of the more popular Legislature, and cannot
act as a British General can, for had he given such private instructions,
he was not in a condition to support them, nor to keep faith with Gene-
ral Haldimand without the consent of the Legislature, which they are
endeavouring to unite in the plan of re-union.
19th- Colonel Allen sends a Letter to the Commissioners with new
proposals for an exchange.
20th- Receives an answer, which seems to give him much uneasiness.
He says he never shall be able to persuade his employers that General
Haldimand wishes to treat on any terms with them, except he is able to
shew them some certainty of Exchange when the prisoners shall be pro-
duced.
21st I communicated to Col. Allen his Excellency's Letter of the 14th-
instant.1 He requested a Copy of it, but I refused to give an}r from the
General's Letters. Allen says he is now perfectly satisfied of the Gene-
ral's powers to treat, and acknowledges that His Excellency acts with a
noble generosity and candour, which he will endeavour to equal on his
part. In justice to His Excellency, he will engage to efface, as much as
he can, the idea of a Truce subsisting between Great Britain and Ver-
mont. He is very sorry he is not able to enter upon any proposals for a
re-union, declares upon his honor that he sincerely wishes for such an
event, will use all his influence to bring it about, and is certain his
Brother will do the same, but is much afraid that General Haldimand
will not have patience to wait the time it will necessarily require. He
observed as usual the difficulty of changing popular bodies, &c. &c. He
promised on the honor of a Gentleman to do his endeavours to have
Commissioners appointed and properly authorized for treating of a Re-
union, by the 20th of next July, provided the}' can be assured of ex-
changing what prisoners they can then bring to the Shipping.
22nd- This day I had a long Conversation with Colonel Allen for the
heads of which see my private Letter to Major Lernoult, and Allen's
note of this date.2
23rd- Colonel Allen expatiates on the dangers and difficulties attend-
ing the bringing about a revolution, as a number of the Council and the
major part of the Legislature have not as yet the least idea of anything
farther than neutrality, and many of them are ignorant of that. He ex-
presses fears that it will not be acomplished, though he sincerely wishes
it may. He still thinks the principles on which America first took Arms
1 Haldimand's letter was dated the 17th.
2 See letters of Sherwood to Lernoult, May 22— post. One of them
was written by Sherwood for Allen, and seems to be referred to in the
text as "Allen's note."
414 Appendix 1.
were just, but he sees, with regret, that Congress has learned to play
the Tyrant, and is convinced it is for the interest and safety of Vermont
to accept of General Haldimand's terms. I told him he talked well, but
I wished he had said as much when he first arrived, for, however con-
vinced I may be of his candour, the change gave some room for suspi-
cion that he now acts from design. He replied, that General Haldi-
mand's candour demands the same from him, and that he has not altered
his sentiments, but only throws them out more freely than he at first in-
tended till he had further instructions from his employers; but the can-
did, open manner in which the General had written, forbid his acting
with any disguise.
24th. Colonel Allen much the same in conversation as yesterday, but
observes that as he knows the General will very soon hear what reports
he makes, and how he conducts himself after he gets home, he wishes
me clearly to inform the General with the method he must take to com-
ply with his demand of undeceiving the other States respecting the
Truce, &c. He says he must, as far as he dares, possess the minds of
the people with the idea of a re-union. He shall therefore tell their own
officers commanding at Castletown, that he cannot tell what may take
place, but they must keep themselves in readiness for all events. But
to the other States he shall positively declare that no Truce nor proba-
bility of one subsists between General Haldimand and Vermont, and
this he should have done for their own safety. But in compliance with
the General's desire he shall be very particular in this declaration.
25th- I communicated Cl- Mathews1 Letter to Colonel Allen, respecting
News.1 He says the News gives him no further anxiety than to excite
in him a desire to know how this War will terminate: for, under the
present uncertainty of Vermont, he does not know whether this news is
favorable or otherwise. But he well knows that he and his Family have
large fortunes which they do not intend to lose, if there is a possibility
of saving them. At all risks he is determined that Congress shall not
have the parceling of his Lands to their avaricious Minions.
I then showed him C*- Matthews' Letter of the General's sentiments.2
He appeared very much pleased with it, and engaged his honor that the
General should hear from their Assembly by the 20th- of next July, and
as much sooner as possible, but did not think he should be able to send
any certain account of the result until that time, as they are not to
assemble till about the middle of June, and must sit some time before
the Business could be fairly opened to the whole House, after which it
would necessarily occasion long and warm Debates, let it turn out a^it
might in the end. Mr. Allen and myself have agreed on a signal for his
Messenger, which we put in writing and both signed. Should General
Haldimand find it absolutely necessary to send a private Express to
Vermont, Colonel Allen desires it may be by a man of trust, who may
be directed to make himself known either to Governor Chittenden, Col-
onel Allen, or General Allen, or one of the following Gentlemen, Col-
onel Brownson, Dr- Fay, Judge Fasit [Fassett,] or Cl- Lyon. The Con-
tents of the Message should be a secret to the Messenger, written upon
a small piece of paper, which he should be directed to swallow, or other-
wise destroy if in danger of being taken by a scout from New York, and
he should be very careful to shun the Vermont scouts. On these Con-
ditions Col. Allen engages that the Messenger shall be immediately sent
back. Colonel Allen, after expressing much satisfaction with the polite
treatment he had received, embarked about 12 o'Clock.
1 See "private" letter of Matthews to Commissioners, May 21 — post.
2 Probably the first letter of Matthews, dated May 21.
Haldimand Correspondence. 415
Indorsed, "No. 1. Substance of what passed and Conversation with
Colonel Ira Allen, between the 8th- and 25th- of October U781."
Colonel Allen gave a brief account of this interview, which will be
found in the first volume of the Vermont Historical Collections, pp. 420-
426. It contained a document which is not to be found in the Haldi-
mand Papers. It was probably written on the 11th of May. Allen's
statement in reference to it was, that "he declined writing anything,
lest his writings should be exposed;" but "would verbally state the
business, which Major Lunno [Lernoult] might write and communicate
to the commander-in-chief:"
"Major Lunno at once adopted Colonel Allen's mode to inform the
commander-in-chief, and proceeded in the following manner: —
Question. — Did not the people of Vermont take an early and active
part in the rebellion?
Answer.— The people of Vermont were informed that hostilities had
commenced at Lexington, by an express from the Governor and Council
of Connecticut to Colonel Ethan Allen, who requested him immediately
to raise the Green Mountain Boys, and, without loss of time, to march
and take the forts Tycondaroga and Crown Point, which Colonel Allen
complied with, and also took the King's sloop of war with 16 guns, then
lying off Fort St. John's.2
Question. — Have the people of Vermont continued their exertions in
the course of the war?
Answer. — No people in America have exerted themselves more than
those of Vermont; they, with the assistance of the militia from the State
of New Hampshire, and from the county of Berkshire, gave the first
check to General Burgoyne's army by the victory at Bennington, and by
other exertions, greatly contributed to the capture of his whole army at
Saratoga.
Question. — What were the motives which stimulated the people of
Vermont to such violent measures V
Answer. — The inhabitants of Vermont principally came from Connec-
ticut and the other New England States, and, as brethren, felt for them
in a high degree when hostilities first commenced; besides, they were
of the same opinion as entertained by their brethren in New England,
that the Parliament of Great Britain had no right to bind and control
the colonies in all cases whatsoever, and that representation ouo-ht to
precede taxation.
Question.— On what principles do the people of Vermont act by en-
deavoring to obtain an armistice, and the privilege of being a colony
under the crown, after taking so decided a part as you say, on similar
principles to those of their brethren in New England ?
Answer. — When the people of Vermont first took an active part
against Great Britain, they were in principles agreed with their breth-
ren in the other colonies to oppose the claims of the Parliament on
America, and fought in their country's cause, expecting to enjoy equal
privileges with their neighbors in chusing and establishing their own
form of government, and in sharing with them all the advantages which
1 May.— See Ira Allen's account in Vt. Hist. Soc. Collections, Vol. I p
420-426.
2 Benedict Arnold was in the immediate command of the party
that captured the king's sloop.
416 Appendix I.
might result from their united efforts in the common cause. But after
all, they have found to their sorrow, by acts and resolutions of Congress,
and proceedings of other States, that they intend to annihilate the new
State of Vermont, and annex its territory to New York, whose govern-
ment is perfectly hated and detested by the people of Vermont. To
effect this plan, the frontiers of Vermont have been left naked and ex-
posed to the wasting sword of the British troops, with a view to depop-
ulate the country, and give the New York monopolists possession. This
usage being too much for human nature to bear, the citizens of Vermont
think themselves justifiable, before God and man, in seeking an armis-
tice with the British, and ceasing further to support a power that has
too soon attempted to inslave a brave and generous people.
Question — Should the Commander-in-Chief consent to an armistice
with Vermont for the time being, and admit it to be a British colony,
with as extensive privileges as any colony ever had, what would be an
adequate compensation for the inactivity of the army ? and how soon
caL Vermont furnish a regiment to be put on the establishment, and
march with the army against Albany, and what other assistance can
Vermont give in such an expedition V
Answer. — The advantages to Great Britain by making an armistice,
and receiving Vermont as a colony, will be great. After the proposi-
tions of Colonel Beverly Robinson, in his letter of March 30, 1780, to Gen-
eral Ethan Allen, the Cabinet Council of Vermont have not been inatten-
tive to a peace and union with the British government. Governor Chit-
tenden last July sent a flag to the British Commodore on Lake Cham-
plain, with a letter to General Haldimand, requesting the exchange of
some prisoners, which produced a truce last autumn. General Ethan Al-
len included the frontiers of New York to Hudson's River with Vermont,
which produced very good effects, and made the people, among whom
are many loyalists, on that district, friendly and anxious to come under
the jurisdiction of Vermont. The Legislature of Vermont, on their
petition, and in consequence of measures New York, &c, were pursuing
against her, extended her jurisdictional claim over that part of New
York; the territory thus added to the State of Vermont is bounded south
by a line due west from the south-west corner of Vermont to the Hud-
son's River, thence up the said river to its source, and by a line due north
to the south line of Canada, thence east to the north-east [west] corner
of Vermont. Articles of union are forming, and no doubt that district
will be duly represented in the next session of the Legislature of Ver-
mont. In like manner has been added to the jurisdiction of the State,
on petition of the inhabitants, all the territory lying east of Connecticut
River, and west of Mason's patent, which takes away, at least, one-third
part of the State of New Hampshire. These additional territories will
give strength to Vermont and weaken Congress. The extent of coun-
try and the return of such a body of people to their allegiance, with the
effects it may have on the people in the other States, many of whom are
sick of the dispute, in consequence of the taxes and hardships already
experienced, most likely will be of greater consequence than the opera-
tion of an army of ten thousand men. As to an army marching against
Albany, it will operate against the union of the New York district, and
that of New Hampshire, now forming with Vermont. This business
requires time and moderation, with the address of some discreet loyal-
ists now in Canada, who may visit their friends in those districts, and let
them know that Vermont is on good terms with the British.
In Vermont are plenty of men who would be fond of commissions on
the British establishment, and could raise a regiment in a few weeks;
Haldimand Correspondence. 417
but this, with sundry other things, can be better ascertained after the
session of the General Assembly, at Bennington, next June."
Allen concluded his account as follows:
A cartel for an exchange of prisoners was compleated. Thus termin-
ated this negociation in May, 1781, after seventeen days, on a verbal
agreement, that hostilities should cease between the British and those
under the jurisdiction of Vermont, until after the session of the Legis-
lature of Vermont, and until a reasonable time after, for a commissary
of prisoners to come on board the Royal George in Lake Champlain,
and even longer, if prospects were satisfactory to the Commander-in-
Chief.
In the mean time Vermont was to consolidate her unions to weaken
Congress, permit letters to pass through Vermont, to and from Canada,
and take prudent measures to prepare the people for a change of
Government.
The Commissioners parted in high friendship, and Major Dundas
furnished Colonel Allen and his suite with ample stores to return home.
On Colonel Allen's return to Castletown, Captain Hurlbert and others
waited on him, and desired to be advised whether to remain or remove
to the interior parts of the country; the Colonel advised them to remain
quiet on their farms; that the Governor and Council would provide the
best means for their safety; that they must not be surprised if there was
not a powerful army to protect the frontiers; should any event make it
necessary, for the safety of their families, to move, they might depend
on seasonable information: he had a similar interview with Major
Hebar Allen, the Rev. Mr. Hibbard, &c, in Poultney.
The Colonel went to Sunderland, and made his report to the Governor
and Council, who took measures to carry into effect the stipulations he
had made. In June, the Assembly met at Bennington, and received
the Representatives from the east and west unions.
The eight documents following were contemporaneous with the inter-
view of May 8 — 25.
Beverly Robinson to Gen. Haldimand.1
New York, May 8th- 1781.
/Sir, — Vermont deserves our vigilant attention. I have much to say
respecting her mysterious Conduct, but the Voluminous Cypher we use
permits only a few Hints. We wrote to Ethan Allen last Summer and
this Winter. He enclosed both Letters to Congress in a Letter of the
9th- of March last, which we have incorporated with another from his
Brother Ira, transmitting the Articles of a Union just then formed
between Vermont and Cheshire and Grafton, two Counties East of
Connecticut River, and also an Act to extend the Claim of Vermont's
Jurisdiction West to the Hudson. The design of these may be to stim-
ulate Congress to determine for Vermont against her neighbours, and
admit her as a 14th- State in the Confederacy. But why then does she
widen the Controversy by extending her Breadth on both Sides ? She
dont deny the Titles in either of the Additions, nor will those Additions
validate her own under the New Hampshire Grants.
1 The name of the writer is not given in the Haldimand Papers, but
the letter itself indicates the writer, by the reference to Robinson's
letters to Ethan Allen. The authoritative tone of this letter, at the
close, indicates that it was written by the order, if not in the name, of
Sir Henry Clinton.
28
418 Appendix L
Colonel Wells of Brattleborough, has sent his Son-in-Law with verbal
information that throws great light upon the Conduct of Vermont. We
take him to be a Friend, and he says by this Messenger that you know
him to be so. Is it true? He offers his services for a Monthly inter-
change of Letters between Canada and the Coast of Connecticut, where
we are to find a friend to give and receive Dispatches. Do you approve
of this confidence?
His intelligence is, in substance, that Chittenden and the Aliens, with
a few others, form a Junto, who apprehend that the Congress and their
Independence must fall, and therefore that she [Vermont] can make no
stable Agreement, except with the Crown: that she knew at the time of
her late Act to expand her bounds East and West, that the Senate of
New York had passed a Bill to admit her to become a separate State,
and that the Assembly was about to concur, but [were] prevented by
Clinton's menacing them with a prorogation. The Messenger learnt in
his way here at Albany what may bo Clinton's motive, Viz4- That the
French Minister had hinted to the Congress his disapprobation of form-
ing a State, as his Master had contracted with but Thirteen. It may be
well enough to suffer Vermont to play a double game in appearance till
She can be aided by us, or form internal dispositions within her own
limits to be able to act offensively with us. Wells admits that there are
many in Vermont opposed to the re-union, and that the majority of
Cheshire and Grafton are of such a Cast, at present.
The Western expansion was a project of Ira Allen, perhaps to find a
counterbalance against that Majority, and 'tis said he was against the
Eastern Union.
Chittenden has been questioned on the report, which took rise last
Fall, of a neutrality between Vermont and Canada, and boasted that by
declining an Acceptance of Offers he had saved the Frontiers: perhaps
they may most incline to join neither the Crown nor Congress, but it
concerns us, if possible, to bring them to a decision. If assurances of
their being secured from the Jurisdiction of the Province of New York
will satisfy them, I should not scruple to give them, but in urging them
to decide, 1 foresee the necessity of yielding to such delays as may pre-
vent a determination against us, and I am now writing for Instructions,
that may enable me to come up to any reasonable expectations they
may form.
Indorsed, " Copy of a Letter to General Haldimand (in Cypher,) May
8th- 1781, respecting Vermont. O. Sent p. D. P."
Colonel Allen's Information respecting the State of Vermont.
Isle au Noix, 11th- May 1781.
The Circular Letters of [Gov. Chittenden to] the Neighbouring States '
enclosed by Major Du . . . [Dundas] were designed by the Cabinet
of Vermont as a political stroke to keep the neighbouring States from
committing Hostilities on them when they declared Neutrality, as also
to embarrass in that respect. And as the Claiming States had done every
thing in their power to make a Discord in Vermont, and had, in some
measure succeeded, as there had been a large Body of Men living con-
1 Gov. Chittenden's letters of November and December 1780 to the
Governors of New York, New Hampshire, Massachusetts, Connecticut,
and Rhode Island.— See ante, pp. 198, 266, 273-275. Allen also gave
copies of Beverly Robinson's letters to Ethan Allen, and the letter of
the last named to the President of Congress.
Haldimind Correspondence. 419
tiguous to Connecticut River [who] for sinister views had ever opposed
the River being the Boundary Line between the respective States of
New Hampshire and Vermont, and after Vermont relinquished her juris-
diction to Sixteen Towns East side of said River, the people on the two
sides of said River refused to subject themselves to either Governments,
except in some things respecting the War. They petitioned the Gene-
ral Court of New Hampshire to extend Jurisdiction over them and the
whole of Vermont, which was in agitation in Congress, but the three
Claiming States could not agree, and the Congress not making a decis-
ion at the time they sat in September last, in [on] which the petitioners
of New Hampshire thought by raising a Convention from all the disaf-
fected of the two States contiguous to Conecticut River, and by that
means get them connected with New Hampshire, when the cabinet of
Vermont thought that, considering all the clandestine and unjustifiable
proceedings of New Hampshire, they were then ripe for giving to New
Hampshire a heavy blow. An Agent was sent to said Convention. A
committee was appointed to treat with the Legislature of Vermont, and
the Convention adjourned [to meet again on] the same day said Legis-
lature were to convene — and the Legislature, when convened, laid a
jurisdictional Claim East to the Mason Line, leaving [being] about
twenty Miles east of Connecticut River, and West to Hudson's River.
Articles of Union were then Agreed on between the Legislature of Ver-
mont and the Convention, and sent out for the approbation of the peo-
ple, which was almost unanimous. The Legislature adjourned for a
short space and convened again, when the Eastern District were fully rep-
resented, and proceeded to Business with great harmony. A large num-
ber of Petitions were sent from the people inhabiting within said West-
ern Claims, requesting an Extension of Jurisdiction, &c. when a Commit-
tee was appointed to attend a Convention to be held at Cambridge in
Instant May, with full powers to agree on Articles of Union. The Leg-
islature adjourned to about the Middle of June next, to be convened at
Bennington, when it is expected the Western District will be fully rep-
resented, as the people there have been some years wishing for a Union
with Vermont, but have been held off, as the Cabinet of Vermont waited
a more favourable opportunity when they could justify their Conduct to
the world by the ill treatment of New York, &c. Within this Western
Claim are a respectable number in favor of British Government.
The reason of Colonel Beverley Robinson's Letters and that of Gen-
eral Allen's being sent to Congress are, some Accounts had arrived from
Long Island, purporting that General Allen had received such Letters;
they were first promulgated amongst others, and Mr. Robinson's second
Letter had not arrived, which was mentioned in his third. It was how-
ever necessary that some immediate step should be taken to pacify those
of the populace that had taken an active and early part in this War, for
many of them thought that after the declaration of Independence Con-
gress was next to God Almighty, both in power and perfection, and it
has been with great difficulty that that idea is so far erased and is at
present in such a Decline, and as the Scene must be opened to this hot-
headed Multitude before Neutrality could be declared, it was judged
that the best way of promulgation was to send the identical Letters to
Congress with a proper letter from General Allen, that it should go in a
Mail from Hartford, and that the 'copies should be read in the Legisla-
ture at their next Session; after said Letters were read, and His Excel-
lency the Governor and sundry Members of the Legislature had advan-
ced arguments purporting the right of Vermont to hold Correspondence
with any power, or to offer or accept terms of Cessation of Hostilities
with any power, the injustice of the Claiming States and Congress, fche
unreasonableness of Vermont supposing herself under obligation to
420 Appendix L
fight to support the independence of the United States and they left at
full liberty to usurp the rights of Vermont, — that by the Conduct of
Congress and the Claiming States it appeared that they were willing
Vermont should defend their respective Frontiers so far as they could,
and if Vermont should by the War be ever so much depopulated it
would still be to their advantage, as their intentions appeared to be to
divide said State among the Claiming States at the end of the War, &c,
— the Question being put, whether the proceed ers [proceedings] had on
said Robinson's Letters and that of General Allen's was approbated by
the House, when it passed in the affirmative. There is every reason to
suppose that these proceedings will have their desired effects, but it must
be a work of time; popular Bodies move slow. The people of Vermont
are ripening for Neutrality as fast as the wheels of time can roll; some
politicians are of opinion it may be accomplished before the rising of the
next Session of Assembly, but in such case it will be expected that Com-
missioners on the part of Vermont will negociate such Business with
Commissioners in some way duly authorized from the Court of Great Brit-
ain to approbate Vermont to be a neutral State to the end of the War.
[F]or Vermont at present to consent to be a British Province would be
little more than changing the Tables and making Vermont the seat of
war. The Citizens of Vermont were of opinion that the demands of
Great Britain upon her Colonies were unconstitutional and unreasona-
ble, which induced them to take an active part in the War, nor have
they yet altered their opinion in that respect. But the treatment they
have met with from Congress and the Claiming States, considering the
active part they have taken in this War, has raised a greater resentment
in the minds of the more contemplative against Congress and the Claim-
ing States than they have against Great Britain, and considering the ex-
tent of their Territory and numbers of Inhabitants are fully sensible
that they cannot continue a separate power, but that in time they must
connect with some more aged and powerful, and when they consider
their contiguous situation to that of the New England States, the Ties of
Consanguinity, &c, the Debts contracted by the United States. &c. Ver-
mont are clear of Debt, and wish so to continue. Upon a full conside-
ration of the peculiar situation of Vermont the leading Men are doing
everything in their power to bring about Neutrality, but, as it has been
before observed, that in order to settle some broils in the State, it was
necessary to close said Union, which in some respect tends to postpone
a completion of neutrality, yet, when once effected, it would be the more
powerful and permanent. Whether Congress or the Claiming States
would use coercive measures with Vermont or not at such a Declaration
is at present uncertain; however, should they attempt it should choose to
try them one Battle before we called for any assistance. Should any
Considerable Force be sent to invade the Frontiers of New York before
Neutrality could be settled, would propose a Feint to be made towards the
Frontiers of Vermont, which would enable the Officers in Vermont that
are principal in Command to declare [deceive ?J their other Officers and
Men that are so exceeding great whigs.
Colonel Allen's reasons for settling a Cartel are to shew the people of
Vermont ihat the British General will consider Vermont as a State un-
connected with the United [States,] and thereby enable them to collect
a sufficient number of prisoners that were taken with General Burgoyne
and elsewhere,1 that are now scattered in a [the] Country, to exchange
1 Allen's idea was that prisoners taken by Vermont troops should be
reckoned as prisoners to Vermont; and on that ground Gov. Chittenden
asked of Gen. Washington a number of prisoners to be exchanged by
Vermont.
Haldimand Correspondence. 421
for those in Canada, and to continue an intercourse by Flags. The pris-
oners taken at Fort Ann and *Jkennesborough will at a future period
when Vermont exercises Jurisdiction there come under Consideration.
Indorsed, " Copy (N°- 9) Colonel Allen's Information of the State of
Vermont, dated Isle au Noix, 11th- May 1781."
Capt. Matthews1 to Capt. Sherwood, for the Commissioners.
Copy. (Private.) Quebec, 15th: May 1781.
Sir, — I have had the Honor to lay before His Excellency the Com-
mander in Chief your Letters of the 8th- and 9th- Instant with their Enclo-
sures, from all which His Excellency is clearly of opinion with you, that
the Flag is sent more for the purpose of gaining time and influencing
the Congress than to forward the Negociation proposed on our part, and
formerly encouraged on theirs, or even for the settling of a Cartel.
The extension of their Territory and Jurisdiction, their unreasonable
demands respecting a Cartel, and their avowing Ethan Allen's exposing
to Congress Colonel Robinson's Letter, evince their unfavorable dispo-
sition to the Union we wish for. His Excellency is therefore deter-
mined, that unless they open their intentions more fully, and declare
the Conduct they mean to adopt, at once to put a final stop to all treaty
with them, and it is not unlikely this Declaration may bring them to a
decision — in all events it will counteract their views with respect to Con-
gress and prevent our being the instrument of their success. Notwith-
standing this resolution, His Excellency, before he entirely relinquishes
an object he lias so much at heart, wishes they could be fully in-
formed of the favorable terms held out to them, and desires you will, for
that purpose, communicate them, at large, to Mr- Allen, unless, by his
conduct, you are of opinion of the inefficacy of the measure; but he like-
wise particularly desires, that you will not, upon any account whatever,
leave the paper in Mr- Allen's possession, or trust it where it may be
Copied; for tho' it contains nothing which the General would hesitate to
publish, vet this precaution is necessary for your protection, and it is
sufficiently justified by their having given up Colonel Robinson's Let-
ters. After being fully acquainted with His Excellency's intentions,
they may, at any time they shall think proper, communicate their de-
termination, in consequence thereof, by a Flag; but no Truce, or Cartel,
as proposed by them, can, in the mean time, be admitted. They have
been acquainted with the General's disposition in their favour since last
November, and have had sufficient time maturely to deliberate upon it.
They should, therefore, have come in prepared to accept or reject his
proposals. If all your endeavours should prove ineffectual, His Excel-
lency thinks you would do well to let Mr- Allen understand that a Flag
will be sent to Albany to declare to the people that no Treaty or Cartel
of any kind exists between us and Vermont State, and that their Over-
tures made for the latter were rejected, and all negociations finally at an
end, least they should keep up the Farce to engage the attention of Con-
gress. I am, &c, (Signed,) R. M.
To
Indorsed, " (N°- 10). Copy Letter (private) from Captain Matthews
to . . . Dated Quebec, 15th- May 1781."
Gen. Haldimand to Maj. Lernoult,for Colonel Allen.
Copy. (Private.) Quebec, 17th- May 1781.
Sir, — Having considered the paper which was dictated by Colonel
Allen and transmitted by you to Captain Matthews, for my Information,
1 Capt. Matthews was Gen. Haldimand's Secretary,
422 Appendix I.
you are hereby instructed to Assure him that I am fully empowered by
His Majesty to offer the Terms which are contained in my former In-
structions to you. I declare this upon my Honor.
As I have not authority to make any Treaty of Neutrality, I cannot
agree to any. The State of Vermont must cither be united in Constitu-
tional Liberty with Great Britain or continue at Enmity with it. I have
no desire to deceive, nor wish to engage thom in any Enterprize which
I do not think equally advantageous to them and to Great Britain, and
therefore must recommend to the leading Men of the State of Vermont,
who wish that an Accommodation should take place, to lose no time in
declaring themselves.
Tho' the most punctual Secrecy has been observed on my part I am
not ignorant that Reports have been propagated and suspicions en-
tertained by Congress and the States claiming jurisdiction over Ver-
mont, as if some negociation was carrying on for a Reunion of the State
of Vermont with Great Britain. I am not without apprehensions that
the Congress and the Emissaries of these States may by means of such
reports and jealousies create such difficulties [and] dissensions in the
State of Vermont as may render the good intentions of the leading Men
of no etfect. However sensible I am of the necessity under which Gen-
eral Allen was of sending Colonel Robinson's Letter to the Congress,
yet I do not choose to have my Instructions to you exposed to the same
Fate, but 1 hereby authorize you to pledge my word of honor for the
performance of every Article which I havepromised to the State of Ver-
mont. You will likewise express clearly to Colonel Allen that as I find
the people in the York State have conceived that a suspension of Arms
was to take place between me and Vermont (which may lead them into
mistakes fatal to some Individuals) I require that on his return he shall
declare publicly the Contrary in justice to the Candour I pursue, and
that no evil consequences which may arise from the above error may
appear to lie at my door, and that as Elags may create jealousies and
Embarrassments, 1 expect none will be sent for the future. But, if after
or before the setting of the Assembly in June, Matters can be so far ad-
vanced as that the leading Men may come to a decision, Colonel Allen
may agree upon some places, for example the Split Rock, where a confi-
dential person may be sent with a Token agreed upon between you and
him as a proof that Credit may be given to what he says. If the leading
Men of the State of Vermont are as sincere, and mean as well as 1 do,
no objection can be made to this proposal. I am, &c.
(Signed) F. H.
To ... .
Indorsed, UN°- 11.— Copy Letter, private, May 31st- 1781, Excellency
General Haldimand to dated Quebec, 17 May 1781."
Capt. Matthews to Capt. Sherwood.
(Copy.) Quebec, 21st- May, 1781.
Sir, — I have had the Honor to lay before His Excellency General Hal-
dimand your Letter of the 15th- Instant, communicating for his Informa-
tion Hints and Inuendos thrown out by Colonel Allen respecting a fur-
ther negociation with the State of Vermont, of more consequence than
the present, and his wish to keep a door open for Intercourse by means
of a Cartel. Upon the subject of a Cartel I have already transmitted to
the Commissioners his Excellency's determination, and I am now com-
manded to acquaint you that although he will not consent to the Estab-
lishment of a Cartel upon the Ground proposed, yet he wishes to encour-
age the hope you seem to entertain of that people returning to their
Haldimand Correspondence. 423
Allegiance, either from a sense of their error, or a view to their Inter-
est. His Excellency therefore wishes you to improve such overtures
as may he made for that end by Mr Allen, but at the same time guard-
ing Carefully against the Art and duplicity those people possess, and
avoiding delay, which seems to be their favorite object, but which from
the present appearance of affairs cannot favor their interest. For if
they terminate, as there is the greatest reason to expect they will, Ver-
mont must be considered indiscriminately with the people of America,
and their difficulties with the three contending States will still subsist
while the other parts of America enjoy peace and tranquility.
I am, &c, (Signed) R. M.
Same to Same.
Copy. (Private.) Quebec, 21st- May, 1781.
Sir, — Agreeably to your desire 1 have communicated to His Excel-
lency General Haldimand the substance of your Conversation with Col-
onel Allen upon the subject of a Re-union of Vermont State with the
Mother Country, and I am commanded to signify to you His Excel-
lency's sentiments thereon.
With respect to the permanent Cartel wished for by Vermont, as
proposed by them, the General has already determined, and his reasons
ibr not complying therewith have been communicated to Colonel Allen.
He is nevertheless desirous to accomplish the Re-union already proposed
to the people of Vermont, but fears that delay will prove fatal to his
wishes in their favour. The Terms for reconciliation which His Excel-
lency has held out to them are undoubtedly sufficient to secure to them
their Liberties and Properties, and he desires you would communicate
to Colonel Allen his ardent wish that the people of Vermont lose no
time in accceding to conditions so consonant to their well Being. There
is from the last accounts from Europe great reason to think that a gen-
eral negociation for peace has commenced under the mediation of the
Emperor. Sir Joseph York and Sir . . . Keith are the Plenipo-
tentiaries on the part of Great Britain and are gone to Vienna on that
Business. Whatever the Terms of peace may be, the people of Ver-
mont must be left in the same unfavourable situation they were in before
the present troubles, except that by a speedy determination to resist the
Tyranny of Congress and to accept the Terms offered them, they secure
to themselves a separate Government and Jurisdiction independent of
the other States.
His Excellency has no wish to deceive, nor any view in proposing to
reclaim these States but that of re-establishing the happy Government
they once enjoyed, and by its influence redress the grievances imposed
on them by their neighbouring States as fully expressed in his original
Instructions to you. His Excellency therefore expects that the result
of their deliberations in the Meeting to be held in June would be imme-
diately be communicated to him with sincerity and candour.
In the mean time it is to be considered (and it will be publicly
declared) that there is not any negociation or Treaty subsisting between
His Excellency General Haldimand and the State of Vermont.
(Signed) I am &c. R. M.
To . . . . at Isle au Noir.
Indorsed, "N°- 13. Copy of a Letter (private) from Captain Mathews
to ... . Dated Quebec, 21st- May, 1781."
424 Appendix I.
Col. Ira Allen to Maj. Lernoult.
(Copy.) May 21, 1781.
The Legislature of Vermont will by the 20th of July have another
Session and just have time to send to the Shipping. If there is not any
certainty that Prisoners will be then exchanged it may be very prejudi-
cial to some more important matters &c, &c.
(Signed) 1. A.
Mr- Lernoult.
Col. Ira Allen, by Capt. Sherwood, to Maj. Lernoult.
(Copy.) May 22d 1781.
Sir, — Colonel A n says he wishes to give Major Ler*- a clear idea
of the present situation of affairs (in Vermont.) As he means to act
with Candour, it would be folly for him to pretend to say officially the
exact time Commissioners will be sent, nor can he positively say
whether they will come with full powers to re-unite with Britain, as the
idea of Neutrality must first be adopted: he foresees that much diffi-
culty will arise respecting the time they are to continue this internal
neutrality, for as he wishes to be clearly understood, and to convince
General Haldimand that he acts on equal principles of sincerity with
him. he will again plainly express the impossibility of bringing over at
once a prejudiced populace so fully prepossessed in favor of Congress.
At present one half of the Assemqly is not acquainted with the designs,
a number of the Council yet remain ignorant, nor has it yet appeared
safe to open the affair to them. This'will be attempted next Session,
but must be gently and cautiously managed, and how far it will succeed
he is not able to determine: he will, however, engage, that General Hal-
dimand shall hear from them by some means or other by about the
middle of July, or sooner; 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. But that his
Brother or himself may not be at a loss to convey Intelligence when
necessary, he proposes the following Token by his Messenger, Vi/>
Three Smoaks on the East side the Lake opposite the Shipping, and at
the middle smoke a small white Flag hoisted on a staff. He would pro-
pose to have the Commandant on the Lake Instructed to receive such
Messenger immediately on Board, and not interrogate him concerning
his Business and send him to Canada, or forward his Letters, as the
Messenger shall choose, and he would expect tt>e Messenger would be
permitted to return as soon as possible, as delays would have a tendency
to create jealousy.
To Major Lernoult.
Col. Allen, by Capt. Sherwood, to Maj. Lernoult.
(Copy.) May 22nd- 1781.
gir<) — i am desired by Mr Allen to inform you that his not coming to
any decision respecting an exchange will very much dishearten those
who were the most forward for a British Government, and entirely dis-
pirit those who were not so well confirmed in their opinions: he there-
fore sincerely wishes that the spirit of his last letter to Mr. Dundas may
be agreed to, in such a manner, and in such words, that no doubt can
raise in their Assembly of Vermont. He declares on the honor of a
Gentleman, that he will represent in the clearest view possible, General
Haldimand's Instructions to me, and likewise the candour which appears
in the General's last Letter, in compliance to which and in justice to the
Haldimand Correspondence. 425
General he promises to undeceive the neighbouring States respecting a
standing Truce between Great Britain and Vermont. He is very sorry
he cannot have a Copy of the General's Instructions to me, and as he
cannot have that would be glad of a Copy of the General's last Letter to
me. l He says nothing shall be wanting on his part to have Commis-
sioners sent as soon as possible but he knows they cannot be fully fur-
nished sooner than the time he mentioned and is not certain they can be
so soon. He therefore hopes impossibilities will not be expected from
him. (Signed,)
To Mr- Lemoult.
No written answer was given to the two preceding letters, but there
was a " verbal agreement," according to Allen's account. — See ante, pp.
414, 417.
Memorandum of despatch of Gen. Haldimand to Lord George Germaine.
(N°- 129.) 1781, May 23rd- Your Excellency tells the Minister, as I
fear, from your sanguine Expressions, in your Letler N°- 77, that You
may have misconceived the opinions I had the honor of giving in mine
of the 16th Dec1-
At the time I wrote that Letter, I had no overtures made to me by
the Chief of that District, tho' you had nattering hopes he would be
Influenced by the advantageous Offers made him, in which you was
somewhat Confirmed by the Intercepted Letters sent to his Lordship.
But, had no right to suppose that the people of V. had actually returned
to their Allegiance, else you should have lost no time in communicating
such pleasing Intelligence to his Lordship.
Extracts from a journal in Dr. [George] Smith's handwriting.2
STATE OF VERMONT.
The opinion of the people in general of this state [New York] is that
its [Vermont's] inhabitants are artful and cunning and full of thift
[shift ?] and design. About fifteen days ago, Col. [Ira] Allen and a
Maj. Fay was in Albany. I made it my particular business to be twice
in their company, at which times I endeavored to find out their business;
and on inquiring, I understood from Col. Allen that he came down to
wait on Governor Clinton, to receive his answer to a petition which the
people of Vermont had laid before the Assembly, that he had been twice
at the Governor's lodgings, and that the Governor refused to see or to
speak with him. Allen then said he might be damned if ever he could
court his favor again. Since that time they have petitioned the eastern
1 Probably meaning the instructions of Dec. 20 1780, and the u private "
letter of May 21 1781 written at Gen. Haldimand's dictation by Capt.
Matthews to Capt. Sherwood. — See ante, pp. 402, 421.
2 Ethan Allen Papers, p. 349 a. Dr. George Smith [or Smyth] of
Albany, N. Y , was a Tory and one of the commissioners appointed by
Gen. Haldimand to treat with Vermont, though he was not present at
Allen's interview, May 8-25 1781. The extracts from Smith's journal
and another paper — both supposed to be intended for Gen. Haldimand —
were intercepted and sent to Gen. Washington by Gen. Schuyler, May
24 1781.— See Vt. Hist. Soc. Collections, Vol. n, p. xxviii. The refer-
ence is to Allen's and Fay's mission to Albany on the demand of Gov.
Chittenden for the relinquishment of the claim of New York. — See ante,
pp. 266-273.
426 Appendix 1.
States to be in their confederacy, to no purpose. I heard Allen declare
to one Harper f that there was a north pole and a south pole, and should
a thunder-gust come from the south, they would shut the door opposite
that point and open the door facing the north.
8th May.2 — By this time it is expected they will be friendly to their
king. Various opinions about their flag.
Gov. Chittenden to Gen. Washington.'6
June 18 1781.
[Fragment.] I do now, in behalf of those distressed captives, (who
are principally citizens,) request your excellency to grant me a sufficient
number of prisoners of equal rank to redeem those I have above men-
tioned as soon as I shall furnish a list particularly, which shall be imme-
diately done, when I learn that this shall meet your excellency's appro-
bation, which I flatter myself will, when I consider that I have delivered
over to the United States more than four times the number which I have
occasion for by this request.
Sent by Capt. Brownson.*
June 18, the Assembly of Vermont resolved that an inquiry be made
on the 19th into the grounds of the report of a treaty with Canada. The
journal of the next day notes the fact of a session in committee of the
whole, but does not give the proceedings therein. Ira Allen's account
is as follows :
The Governor and Council attended in the Assembly, and resolved
both Houses into a Committee of the Whole, when the Governor pro-
ceeded to state the facts: that in consequence of application from several
persons, praying that some measures might be taken to procure the
exchange of their friends, who were prisoners in Canada, in the recess
of the Legislature, he had, with the advice of the Council, appointed
and authorized Colonel Ira Allen to go to Isle-aux-Noix to settle a cartel
for the exchange of prisoners, in behalf of the State. That Colonel Allen
went to the Isle-aux-Noix, where he met the British Commissioners, and
with difficulty had completed the business, in behalf of Vermont, though
no such exchange had taken place with the United States, or any other
State in the northern department; that if the grand Committee wished
for further particulars, respecting the mission and conduct of Colonel
Allen, he was then present and could best inform, to whom he referred
them.
The Committee then requested Colonel Allen to inform them respect-
ing his commission, and what effcts it had produced. Colonel Allen rose,
and observed to the Committee, that he had received an appointment and
commission from the Governor and Council, to go and settle a cartel with
the British, in Canada, for an exchange of prisoners; that he had very
Probably Robert Harper, Deputy Secretary of State of New York.
2 This was the day on which the interview between Ira Allen and the
British commissioners commenced. Smith, as commissioner, knew the
appointed time, although he was not present.
^Washington Letters, in State Department, Washington, Vol. I.
4Washington informed Capt. Brownson that he could not countenance
a cartel settled by Vermont with the Governor of Canada. See post,
under date of July 9 1781, extract of letter of Gen. Washington to Gen.
James Clinton, p. 429,
Haldimand Correspondence. 427
happily succeeded in his mission, and made his report to the Governor
and Council; but not expecting to be called on by the Committee, had
left the commission and all the papers at home; nevertheless, was ready
to give a verbal statement of the whole transactions, or, if more agreeable
to the Committee, he would, by leave of the Governor and Council, go
home, and produce the writings for the inspection of the Committee next
day. The Committee desired Colonel Allen would lay the papers before
them the next day.
Accordingly he attended the Committee with the papers, and made a
short verbal statement, that the papers might be the better understood;
they were read, and on the whole it appeared, that the British had
shewn great generosity in the business. Colonel Allen then rose and
stated sundry things, which occurred while he was in Canada, and men-
tioned that he had discovered among the British officers a fervent wish
for peace; and that the English Government was as tired of the war, as
the United States; then concluded with a desire, that if any member of
the Committee or auditor in the gallery, wished to ask any further ques-
tions respecting the business, he was ready to answer them.
All seemed satisfied that nothing had been done inconsistent to the
interest of the States; and those who were in the interest of the United
States paid their compliments to Colonel Allen, for his open and candid
conduct. In the evening he had a conference with the Canadian spec-
tators on the business of the day, and they appeared to be as well satis-
fied as those from the neighboring States and Vermont. Is it not
curious to see opposite parties perfectly satisfied with one statement,
and each believing what they wish to believe, and thereby deceiving
themselves.1
Certificate for the Protection of Col. Ira Allen?
State of Vermont, June, 1781.
Whereas Col. Ira Allen has been with a flag to [the Province of]
Quebec for the purpose of settling a cartel for exchange of prisoners,
and has used his best policy by feigning or endeavoring to make them
believe that the state of Vermont had a desire to negotiate a treaty
of peace with Great Britain — thereby to prevent the immediate invasion
or incursion upon the frontiers of this state, as appears by the letter he
sent to Gen. Haldimand dated May 8, 1781,3 enclosing a copy of Col.
Beverly Robinson's letters to Gen. Ethan Allen and Gen. Allen's letter
to Congress, and the resolutions of the Assembly of Vermont approba-
ting the same, as also the circular letter to the several states delivered
^o Dundas, according to his verbal report made to us this day: — We are
of the opinion that the critical circumstances this state is in, being out
of the union with the United States and thereby unable to make that
vigorous defense we could wish for — think it to be a necessary political
maneuver to save the frontiers of this state.
Jonas Fay, Thomas Chittenden,
Samuel Safford, Moses Robinson,
Samuel Robinson, Timothy Brownson,
Joseph Fay, John Fassett, [Jr.]
1 Vt. Historical Society Collections, Vol. i, pp. 427, 428.
* Early History, p. 363. Probably this paper was given June 13, the
General Assembly having met on that day.
3 Allen's "Information" of May 11, probably. No letter of the 8th
from Allen to Haldimand has been found. — See ante, p. 418.
428 Appendix I.
At the time of Col. Allen's report to the General Assembly of the
negotiation for an exchange of prisoners, two or more British agents or
spies were at Bennington seeking information. Their reports follow.
Beport of a British Agent.
(Copy.) [June 1781.] Mr. * * * * Reports that he broke out of
Northampton Jail the 23rd- of last December, [1780,] and got into New
York the 10th- of January, and on the 5th- of February was sent to General
Allen with Letters from Colonel Robinson, and arrived in Arlington the
23rd- of February: returned again to York the 18th- of March without any
order from Allen. After his arrival Mr . . . came in with a Letter
from Allen to General Clinton witli proposals (as was reported) to join
Britain, provided they could have their Eastern and Western New
Frontiers confirmed as part of Vermont. On the 28th- of May Mr- . . .
was sent out with another Letter from Colonel Robinson to Allen, which
he has left with a trusty man to deliver to him. Was in Bennington
when Colonel [Ira] Allen returned from Canada, and employed Mr
. . . to find out what report [Ira] Allen made, and the resolution of
the Council in consequence of his report, but from many Hints that he
gathers from the leading Men, he suspects that General Allen is gone to
solicit Forces from Connecticut and Massachusetts to ensnare General
Hald imand's Troops, if possible. Colonel Robinson and Colonel Stafford
[Safford] both Declared to Dr Fay that they did not approve of the Cor-
respondence between Vermont and Canada, and they would sacrifice
themselves and all the Forces they could raise rather than come to any
settlement separate from the other States. Captain Lyon (one of the
Council) told . . . that Governor Chittenden would settle with Brit-
ain if the present leading Men in Vermont were allowed to continue
such under Britain, their old and new Grants confirmed — the East and
West new Territories confirmed— all their Laws and Acts confirmed,
and nothing revoked; that the Tories' Farms must (he supposed) be
<nven up to them; but Vermont would not make good any other damage
to them. The Governor said those were the only Terms Vermont would
agree to, and if General Haldimand would not agree to them, it was the
Business of Vermont to spin out this Summer in Truces, and in the
mean time fill their Magazines as fast as possible with arms, ammuni-
tion and provision, by which, with the continual increase of the Inhabi-
tants, he hoped to be able next Summer to defend Vermont against in-
vasion from Canada. Mr . . . says a Flag from Vermont wiJl set
off about the 17th- of July for Canada.
Beport of the Party sent by the [British] Commissioners to learn the report
of the Bebel Flag.
[June 1781.] A. and B. say that as soon as Colonel Allen returned, a se-
lect Body of the Council was convened at Arlington, consisting of twelve
Men; they sat 3 days, at the expiration of which General Allen was dis-
patched to Connecticut and Massachusetts. Colonel Allen's report to
the Council was kept so profound a secret that no man of the King's
friends nor of the Rebels of high or low degree could come to the know-
ledge of a syllable of it from the Council, except a few words dropped
from Captain Lyon to the following purport, viz: Vermont would never
make up the Tories' losses, and if they could not settle with General
Haldimand pretty much on their own Terms, they would baffle him with
Flags and prolong the time till they were better able to oppose him.
The people in general on the West side the Mountain are very jealous
of the Aliens, Fays, and Chittendens: the Rebels (who are the bulk of
Haldimand Correspondence. 429
the people) suspect they are about to sell them, and these seem deter-
mined to sacrifice everything rather than submit to any terms with Great
Britain, short of independence, and the Tory party suspect that the
above leading Gentlemen are endeavouring to lead the British Troops
into a Snare, and then betray them to the Rebel Troops. It is reported
in that Country that another Flag will be sent from Vermont about the
middle of July.
Indorsed "Copy (N°- 15.) Report of a Party sent by the Commission-
ers to learn the reports of the Rebel Flag."
The next paper in chronological order was the letter of President
Weare to the New Hampshire delegates in Congress, June 20 1781, for
which see ante, p. 309.
June 29 1781, after Ira Allen's report had been made to the General
Assembly of Vermont, the Governor and Council resolved to issue
warrants to the several sheriffs to collect the British prisoners who were
in Vermont and convey them to headquarters at Castleton by the 10th
of July. Maj. Joseph Pay was at the same time appointed commissary-
general of prisoners. — See ante, p. 111.
Memorandum of letter of Lord George Germaine to Gen. Haldimand.
N0' 87. 7th- July [1781.] The Minister says,— If we succeed at the
Southward, I shall not be afraid of a failure in our Negociation with the
people of Vermont, for Washington must in that case, make still further
Detachments from his army on the Hudson's River, if not carry away
the greatest part of it: * and as General Haldimand will have a Body of
Troops to throw in among them, their apprehension of the resentment
of the Congress must be removed, and they will see it to be their wisest
and safest course to declare for His Majesty, for I confess that I rely
more upon their finding it to be for their Interest than upon their loy-
ally, for their taking part with us.
Gen. George Washington to Gen. James Clinton. — [Extract.]
July 9 1781. I can give no countenance to any cartel which may
have been settled between the people of Vermont and the Governor of
Canada, and so I lately informed Mr. Chittenden 2 by an officer sent
down by him to me.3 I wish there may not be other business transacted
under the cover of a flag from Vermont to Canada besides the exchange
of prisoners.4
Next followed the commission, issued by Gov. Chittenden July 10 1781,
to the Vermont delegates to Congress, for which see ante, p. 316, note 1.
'On the 25th of June 1781, Gen. Washington did notify Gen. James
Clinton that the continental troops would be withdrawn from the north
as soon as a suitable number of militia should be sent to relieve them.
On the same day he appointed Gen. John Stark to command in the
northern department. — See Life and Writings of Washington, Vol. vm,
p. 82.
2As Vermont was not recognized as a State by Congress, Washington
never addressed Chittenden by his title as Governor.
3Capt. Brownson.
4 Washington's Letters, in State Department, Washington.
430 Appendix I.
Ira Allen to Gen. Haldimand.
(Copy.) State of Vermont, Sunderland, ?
July 10th- 1781. |
Sir, — This State has become the topic of discourse through the United
States. Various are the conjectures and prognostications of the popu-
lace abroad. 1 have authentic accounts from Congress, that they spent
several days last Spring on the question of Vermont; that it was the
sense of Congress (after lengthy debates) to make no determination
respecting it this Campaign, or to the end of the War. The Legislature
of this State convened at Bennington in June last. By Emissaries
from the other States, or otherwise, the very great Whigs in this State
were much alarmed on account of Neutrality, &c. When it was found,
on a political Scrutiny, that there were a majority of that Denomination,
the Legislature, who together with the influence of some others that
attended, crowded for an Enquiry to know from whence the reports of
Neutrality &c. originated, requesting that all papers that had passed to
and from the province of Quebec, might be laid before the House, when
the Governor, Council and Assembly resolved themselves into a Com-
mittee of the whole for the aforesaid Enquiry, and to determine on the
expediency of sending Agents to Congress. When I was called on for
information, I affected a willingness to give them every information in
my power, observing, that on my arrival from the Isle au Noix, I
exhibited my Papers, &c- to the Governor and those of the Council that
were then present, who appeared well satisfied with my proceedings :
that not knowing that the Assembly would wish to see the papers, 1 had
left them at home; that I was willing to give them a verbal account, or
go and fetch the papers, as they might chuse. When the Committee
adjourned, I went and fetched the papers, when the Letters that had
passed between General Haldimand and Chittenden, General Allen &
Major Carlton, Major Dundas and myself were read and I made a Speech
to the audience in such a manner as gave satisfaction to the Spies from
the Neighboring States and the great Whigs in this State that there was
no Truce or Neutrality intended by this State, yet that the British Gov-
ernor was willing to grant Vermont Charter privileges for a Colony, if
they would accept them: then it was agreed that three Agents should
be appointed to attend on Congress with full power to make and receive
proposals for Articles of Union between the United States and Vermont,
and to take Seats in Congress; when Jonas Fay, Ira Allen and Beza.
Woodward Esqr8- were elected — (it is to be observed that they are not
all on one footing.) It is expected that said Agents will make offers
to Congress that will not be accepted, by which means those in favor
of Government will be able to evince to the people of this state that
Congress means nothing more than to keep this State in suspense, to
the End of the War, and then divide the Territory amongst the Claim-
ing States (which is doubtless the intention of many:) this, together with
such other matters as may be safely intrusted, will be in agitation before
the next Election. These matters are ripening as fast as the nature of
the Case will permit. It is exceedingly difficult and somewhat dan-
gerous attempting to change the opinion of large and popular Bodies,
nor can any- possible advantage arise by any of those in power to publish
their sentiments in that respect until the proper Crisis shall arrive for
this is a popular Government and her Officers annually elected by the
suffrages of the people; therefore carrying these matters in some mea-
sure under the Rose until the next Election, when in all human proba-
bility a large majority of the then Officers of the Government will be
well disposed, and then by the advantage of another denial from Con-
Haldimand Correspondence. 431
gress and having the reins of Government in their hands for one year,
they will make a revolution so long wished for by many.
A very considerable part of the Citizens of this State are Emigrants
from Connecticut, and would choose Charter privileges similar to that
Government and would expect to remain a reasonable time in a State
of Neutrality. However, 1 hope that there will be no difficulty on these
accounts. General Allen has resigned and taken to his old studies,
philosophy. General Bellows declined serving. Colonels Stafford1 and
Fletcher are elected in their steads. General Enos commands this
States Troops in service. These three Generals are acquainted with my
proceedings at the Isle aux Noix, &c. The result of whatever may take
place at Congress, shall transmit to you. The Agents are to set out on
the first of August and will probably return the fore part of September.
Request that the signal agreed on by Captain .... and myself be
continued, as that may be the best way of Conveyance.
I am with Sentiments of Esteem, &c Ira Allen.
To His Excellency General Haldimand.
Indorsed, "Copy (N°- 18) of a Letter from Colonel Ira Allen to His
Excellency General Haldimand, dated Sunderland, 10th- July 1781. B."
Certificate for the Protection of Colonel Ira Allen.2
Whereas this state is not in union with the United States, although
often requested, etc. This the British power are acquainted with and
are endeavoring to take advantage of these disputes thereby to court a
connexion with this state on the principle of establishing it a British
province. From various accounts we are well assured that the British
have a force in Canada larger than this state can at present raise and
support in the field, and this state have no assurance of any assistance
from any or either of the United States however hard the British forces
may crowd on this state from the province of Quebec by the advantage
of the waters of lake Champlain, etc. Although several expresses have
been sent by the governor of this state to several of the respective
governors of the United States with the most urgent requests to know
whether any assistance would be afforded in such case, yet no official
answer has been made to either of them.
Wherefore we the subscribers do fully approbate Col. Ira Allen send-
ing a letter dated Sunderland, July 10, 1781, and directed to Gen. Haldi-
mand, and another letter to Capt. Justice Sherwood, purporting an
intention of this state's becoming a British province, etc. This we
consider a political proceeding to prevent the British forces from invad-
ing this state, and being a necessary step to preserve this state from
ruin, when we have too much reason to apprehend that this has been
the wishes of some of our assuming neighbors, in the mean time to
strengthen the state against any insult until this state receives better
treatment from the United States or obtain a seat in Congress.
Thomas Chittenden, Jonas Fay,
John Fassett, [ Jr.] Samuel Robinson,
Timothy Brownson, Joseph Fay.
Immediately succeeding this document in the Stevens Papers was
" Thomas Chittenden's commission to Allen and Fay to treat with the
British."3 Originally, 26 April 1781, Ira Allen and Isaac Clark had been
^afford; repeatedly written Stafford in the Haldimand Papers.
2H. Hall's Early History, p. 366.
3 Index to Stevens Papers, p. 26.
432 Appendix S.
appointed commissioners, and it is probable that by this commission Maj.
Joseph Fay was appointed in place of Clark. He bad been appointed
commissary-general of prisoners on the 29th of the preceding month.
That Allen and Fay were not authorized by this commission to close
with Haldimand's proposals appears from the report of the British
commissioners, 9th of August following, that Fay had " no written in-
structions on the subject.11
Sir Henry Clinton to Gen. Haldimand.— [Extract.] 1
(Copy.) New York, July 23rd: 1781.
Sir,— On the 21st- Instant, I was honored with your two Letters in
Cypher, dated the 6th- and 21st- Ultimo. Those you mention to have for-
warded by Ensigns Drummond and Prentice have never reached me,
nor have I heard of those Gentlemen being taken. I am therefore ap-
prehensive that some worse misfortune may have befallen them.
If a Re-union of Vermont with the Mother Country can be effected, it
must be productive of happy consequences, but I confess I have my sus-
picion of those people, as well as your Excellency. * * * *
Indo-sed, " Copy. Sir Henry Clinton K. B. to General Haldimand,
July 23rd- 1781. E. N°- 29."
Lord George Germaine to Gen. Haldimand. — [Extract.]
(Copy.) N°- 33. Whitehall, [London,] >
Duplicate. 26th- July 1781. f
Sir, — * * * All the Intelligence we had received of the designs of the
Enemy leave Canada out of their plan, and, therefore, as you will have
nothing to apprehend for the safety of the Province, I trust you will
appear in considerable Force upon the Frontier, which will be the surest
means to give efficacy to the Negotiations with the Vermont people.
Nothing indeed should be omitted to attach them to his Majesty; and I
can assure you, that no expense that shall be found necessary for that
purpose will be grudged. I am sorry that you should have cause to
doubt their sincerity, but I flatter myself that when they see a Body of
Troops sufficient to protect them near at hand, they will readily yield to
the force of the weighty arguments you will have it in your power to
urge. The private Accounts which I have seen give me reason to un-
derstand that the New England Provinces had relinquished their Claims
to the whole of Vermont, and that New York had allowed it to extend
to the old Boundary Line of Connecticut, which was 20 miles from the
Connecticut River, and that upon this ground Congress were willing to
acknowledge Vermont so described a separate State.
The Leaders in Vermont had however enlarged their Demands upon
this acquiescence in order, as these accounts insinuate, to prevent an
accommodation with the Congress, and insisted that their Western
Boundary should extend to the Hudson's River, and as low down as the
mouth of the Mohawk, which has provoked New York, and the Treaty
is broke off accordingly. If this Information be well founded, it affords
good reason to believe the Leaders really mean to Close with you at a
proper time, and I should make no difficulty of recommending to His
Majesty the extending of the boundary to the Hudson's River, as it per-
fectly corresponds with my views of cutting off the Communication
1 The entire letter is in the first ms. volume of Haldimand Papers.
The part omitted does not bear upon the Vermont question.
Haldimand Correspondence. 433
between the Eastern Provinces and Canada by the interposition of the
new Province between them and to the diminution of the former by it,
being wholly taken out of them.
The Minister having desired me to send you such extracts from his
Dispatch N°- 33 (a duplicate of which I received by the last Packet) the
foregoing is all that appears necessary.1
New York, Dec. 16th
I refer to General Robertson's Letter for News.
General Haldimand.
Indorsed, u Copy of Extract of Lord George Germaine's Letter to
Gov. Haldimand sent overland by Nathaniel Wales, the 16th- of Decem-
ber 1781." Also sent a Duplicate and Triplicate overland.
Extracts of letters from Agents for negociating with the people of Vermont.
2nd- August, '81. We have very cautiously perused Allen's Letter and
compared it with the general Intelligence and with his conduct at the
Isle au Noix. We find ourselves perplexed, and much at a loss what to
think of him. If he is sincere, and his declaration to the General be
truth, he is the only proper person to be sent to Congress to make pro-
posals, which, if sincere, he will not fail to do in Terms he is sure will
meet with such a denial as will alienate the minds of the Vermont Pop-
ulace from that Rebellious Assembly, and incline them to place confi-
dence in their Leaders, and look to General Haldimand for protection.
On the other hand, the apparent studied stile of Allen's letter does not
appear to us like the undisguised sentiments of an honest heart.
()th. -\ye have been busily employed with Major Fay. We are sorry
to find him as unprepared as Colonel Allen was, to Close with the prof-
fered Terms. He has no written Instructions on this subject owing (he
says) to their not being able in the last Assembly to procure a Majority
although they came within two or three of it, and he is confident they
will have a great majority in the next Assembly. He appears candid,
sincere and open, and declares the Governor, Council, and Leading Men
are bringing about the revolution as fast as time and circumstances will
permit. That nothing has been omitted that could be done with safety,
by the Governor, Council, and well wishers to Government. Those have
entered into a written combination which they cause every one to sign
that is let into the secret. This Combination, with the doings of the last
Assembly, the Agents' Instructions to Congress, and any other papers,
or doings, respecting this affair, which His Excellency desires to see,
Major Fay engages to forward by the first safe opportunity. In short,
the Major expresses the greatest anxiety to remove every reason for sus-
picion. He laments that he could not be authorized by the voice of the
people to close with the General's terms at this time. He avers that
Colonel Allen's Letter to His Excellency contains the true sentiments
of the Governor and Council.
10th- August. We have not spared pains, the short time Mr- Fay has been
with us to endeavour to find him out. He professes so much honesty, ac-
companied with so many gestures of sincerity, that he seems to overact his
part. He certainly is perfectly honest, or a perfect Jesuit: we have too
much reason to fear and believe the latter: however, it appears plain
that he wishes to continue the negotiation till next November, for what
reason is uncertain: he declares solemnly that they will be then able to
1 This dispatch seems to have been sent to Clinton for Haldimand.
It is in the second volume of ms. Haldimand Papers entire. The above,
however, is all that relates to Vermont.
29
434 Appendix I.
join us, &c. Allen declared the same would happen in July: to us it
appears they wish to have two strings to their Bow, that they may
choose the strongest, which they cannot determine till Mr- Washington's
success in the present Campaign shall be known. We do not think Ver-
mont expects by procrastinating to strengthen herself as a State, but we
believe sincerely they design to secure to themselves this Campaign
from invasion of King or Congress, by spinning out the Summer and
Autumn in Truces, Cartels and Negotiations, by the expiration of which
they expect to hear the result of the negociation at Vienna, and other
matters, by which they may be enabled to judge of the strongest side,
the only motive (we believe) by which they are influenced.
Major Fay's private Letter to the General is perfectly of a piece with
his conversation. Should His Excellency have a better opinion of Ver-
mont from Fay's Letters than we have from his conversation, we shall
be happy in having made a mistake on the right side, for our fears at
present are that we shall be too much inclined, by our anxious wishes
for Vermont, to believe what is said in favor of her reformation.
15th- August. If the enclosed report is true, it plainly shows that not-
withstanding the present negociation and pretended sincerity of the
Vermonters, they are as ready as they ever were to assist their rebel
neighbors: we have hinted this to Major Fay, but he positively declares
it is an untruth, and that Vermont never will assist New York on any
pretence whatever. We have read to him that part of your Letter men-
tioning His Excellency's determination steadily to pursue the candid
system avowed to Colonel Allen and promised by him to be adopted by
the Leading Men in Vermont, to which he observed it was expected Gen-
eral Haldimand would be somewhat impatient, as he was not acquainted
with the difficulties and necessary delays attending large and popular
Bodies, situated as they are, in bringing about a revolution; but he hoped
the next October Assembly would clear all doubts.
18th- Cl- B's. report will be communicated to you: it differs essentially
from that of . We have acquainted Major Fay with as much of
the intelligence as we could with propriety, and his observations serve
more to evince his candor and sincerity than otherwise. He wishes
much that we should meet him at East Bay in about ten days after his
return, where he engages to give us a correct account of the recepion
his report shall meet with, and to give us any other accounts or papers
that may be thought necessary to reflect light on the negociation. We
have of late entertained hopes of success, but that shrewd old Gentle-
man Mr. , giving his opinion as he has, staggers us Much — still
we have Charity for the Leading Men, but have too much reason to fear
their influence is not sufficient to bring about the rebel populace. In
this our fears are strengthened when we consider that the majority of
those Leaders were men of low character and no consequence in the
Country until they made themselves popular in the present Rebellion by
actions, at which a Man of honor and integrity would revolt. Upon the
whole it appears to us that interest, not loyalty, induces the Leading Men
to wish a Union with Canada; that about one fifth part of the populace
wish it from the same motive; near another fifth from principles of Loy-
alty; and that the remainder are mad rebels, under very little, if any,
subjection to their nominal Leaders, and so accustomed to domineer
over those who from any motive whatever wish favorably to the King's
Government that the latter dare not make known their wishes in public.
Indorsed, u 1781. (N°- 21.) Extracts of Letters from Agents for ne-
gociating with the people of Vermont."
Haldimand Correspondence. 435
Gen. Haldimand to Sir Henry Clinton.
(Copy.) Quebec, August 2nd- 1781.
Sir,— The difficulty and uncertainty of communicating with your
Excellency I have always much regretted. It is peculiarly distressing
at a time when there is every reason to believe some serious attempt
against New York or this Province is in agitation, which early intelli-
gence might avert. Uncertain as the present conveyance is, 1 eagerly
embrace it to give this dispatch a chance of reaching your Excellency.
It goes by a very small vessel, whose insignificancy and fast sailing are
my only dependence. The most which can happen is the disappoint-
ment I shall feel should you not receive it: for it never can fall into the
Enemy's hands, as I shall commit it to the care of an intelligent Man in
whose approved fidelity I have unbounded confidence He will keep it
always about him, and if necessary sink it. I am particularly anxious
that your Excellency should receive this Letter as it will fully commu-
nicate to you my whole transactions with Vermont to the present date,
which never could have been done by cypher, tho' I gave you a general
idea by that means, dated the 6th of June, a Duplicate of which I [have]
here enclosed, and I have now the honor of transmitting to your Excel-
lency the proceedings with the Flag therein mentioned from N°- 1 to 17,
a reference to which will be more satisfactory than enlarging upon the
subject in this letter.
I have perused with much attention your Excellency's Letter upon it
of the 8th- of May,1 and I am aware of the danger you suggest in not
yielding to the delays they require, but from the best information I can
procure concurring with suspicions of which I cannot divest myself, the
alternative is infinitely more to be apprehended. There is no doubt
they are industriously and with success forming Magazines and raising
Men. These they avow are for the purpose of defending themselves
against whatever power shall invade them. They have likewise ac-
knowledged a preference for Congress provided they are admitted in
alliance as a 14th- State. The necessity of a Compliance with this de-
mand is obvious and must take place as soon as Vermont is in strength
to assert it, for without her assistance or assent nothing can be carried
on against this province by that route, and the obstacle will equally
affect us in acting against the Colonies. If this contest should evidently
point to a favorable termination for Great Britain, Vermont will become
loyal, and offer assistance we shall not stand in need of, but if unhappily
the contrary, she will declare for Congress, being actuated as well by
interest as a heartfelt attachment to their cause. In six Months she will
be a respectable Ally to either side. These considerations induced me
to press that people to come to a speedy determination, and it appeared
to have the desired effect with Ira Allen when here. An intelligent
person was sent to wait his return that I might be informed of the
report he made: that knowledge could not be obtained, but the opinion
of the friends to Government in consequence of it I transmit to your
Excellency, marked A. This and similar reports give strength to my
suspicions. The Flag promised by the 20th- July is just arrived and by
it a letter from Ira Allen marked B.2 It is fraught with much sincerity,
or much duplicity, the latter I fear is the real sense of it, which I am the
more inclined to think from his not coming with the Flag. Bad as he
1 The letter here referred to as Clinton's is Beverly Robinson's, ante,
p. 417. This confirms the supposition that Robinson wrote for Sir
Henry Clinton.
2 See ante, pp. 430-431.
436 Appendix 1.
may be, he could not stand the test of the discovery this interview must-
lead to, but I shall detain my Letter until arrival of the post to inform
your Excellency what Major Fay, who conducts the Flag, has to propose.
From your Excellency not having received any Despatch by Ensign
Drummond, and an Account lately received here that pieces of a Wreck,
a Light Infantry Cap and Uniform, and other matters with which the
Vessel he sailed in was loaded, being found upon the Magdalen Islands,
I fear that Gentleman unfortunately perished, and Ensign Prentice of
the 84th- sailed at the same time. By him I sent Duplicates. We hear
that he was cast away, and it is probable my Despatch lost. I therefore
send you a Triplicate of one of my Letters — the rest related to the
situation of Affairs at that time, now altered, and the Letters of no
consequence.
Various Scouts have brought a report from the Colonies that a part of
the French Army on their way from Rhode Island with some Continen-
tal troops were completely routed by your Excellency on White Plains.
I sincerely hope it may prove authentic, as it will probably frustrate the
design against New York currently reported here.
In regard to Affairs in this Province, the prospect of a want of pro-
visions is an alloy to every pleasure 1 should derive from my exertions
in defence of the Provinces, or in projecting measures to act offensively,
should the exigencies of the service demand a diversion in Your favor,
or any other movement in force. I am now living upon a cargo which
fortunately arrived from Cork to a Merchant here about a fortnight ago
— this is but a temporary relief — the Season for Westerly winds is set in,
and we have not heard a word of our expected Fleets. There are five
or six stout Privateers cruising in the Gulph [of St. Lawrence,] and
there is too much reason to fear all our Victuallers should they get so far
safe cannot escape their vigilance. There is no great Quantity of last
year's Grain remaining in the Country, (that sold at an extravagant
price) and the present Crop considerably injured by Caterpillars. The
Hay so much so that the Inhabitants are disposing of and killing their
Cattle. This is a momentary advantage but its bad consequences will
be severely felt in the Spring.
I have the Honor to be, &c, &c,
(Signed) Fred: Haldtmand.
Indorsed, " Copy General Haldimand to Sir Henry Clinton K. B.
Quebec, 2nd- August 1781. 41."
Sir Henry Clinton to Gen. Haldimand.
New York, August 2nd- 1781.
Sir, — Having wrote to your Excellency on the 23rd- Ultimo, by General
Reidesel, I have little now to add, but to acquaint you that he sailed
from hence a few days since for Canada with a considerable number of
Officers and Men belonging to the Army under your Command.
General Knyphausen being anxious to have that part of his regiment
which was sent to Canada returned here, I mentioned in my Letter by
General Reidesel, that if your Excellency would send them back, I
would replace them by an equal number as early as possible.
The French and Rebels only wait for a Reinforcement from the West
Indies to make an Attack upon this post, which I think they certainly
will attempt upon its arrival and it is hourly expected. 1 need not
therefore say of how much importance a Diversion upon the Frontiers
of this Province and the speedy decision of Vermont in our favor,
would be.
The Enemy's Force opposed to me in this quarter is about 4000 French
and 7000 Rebels. The latter do not increase very fast, tho' it is a favor-
ite object, what they now meditate.
Haldimand Correspondence. 437
Next in order were the Memorial of the Delegates of New York to
Congress of Aug. 3 1781, and the resolutions of Congress of Aug. 7 and
8, for which see ante, pp. 312-316.
Maj. Joseph Fay, Vermont Commissioner, to Gen. Haldimand.
(Copy. Private.) On Board the Royae George,
Lake Champlain, 9th- Augst: 1781.
Sir, — Having done myself the honor to write you on the subject of an
Exchange of Prisoners, 1 beg leave to address your Excellency on an-
other subject more interesting and important for the mutual happiness
and well-being of both parties, could the happy event be soon brought
about. I have been favored with the perusal of sundry letters on said
subject from you to Captain A. and B.1 as also conversing very freely
with them. It gives me pain to tind any apprehensions in your Excel-
lency's Breast that the Gentlemen of Vermont, who are all acquainted
with your good intentions, are wanting in sincerity, and am at the same
time sorry to mention the jealousies which arise from the distance you
have been pleased to keep the proposals made to them through your
Commissioners at different times, from which they are ready to conclude
the design is no other than to involve Vermont in a War with the other
States, and then they would become an easy prey.
1 am happy to tind by the Letters shewn me by your Commissioners
that your good intentions towards the people of Vermont are honorable
and upright. 1 am convinced for myself, and would sincerely wish
proper measures to be taken to remove every jealousy which may sub-
sist on both sides, which I am confident your proposal, and assurance of
your having competent authority from the Court of Britain therefor,
would effect, on the part of Vermont. 1 shall, however, acquiesce in
your determination on that head.
Colonel Allen's Letter to you of the 10th ultimo expresses nearly
everything I can conceive interesting in the present negotiation; a rep-
etition of which would be [unnecessary. 1 can only assure your Ex-
cellency that his Letter expressed the sense of the Governor and Coun-
cil, as i was present when it was read, and by them, and General Allen,
approved. As Colonel Allen mentioned the three General Officers be-
ing made acquainted with his proceedings, I need only mention that a
number of other principal Gentlemen are entrusted, whose influence
will be very serviceable in bringing about the change of Government
hoped for in October next, and for the purpose of being assured of each
others Fidelity, on being made acquainted with Colonel Allen's proceed-
ings, freely subscribed their Names to a paper declaring their approba-
tion, which, together with any proceedings which concerns this subject,
will be communicated at any time to you, or such as you shall substitute
for the purpose, if the present proceedings meet your Excellency's ap-
probation, which 1 hope to be honored with in your answer to this.
I wish it was in my power to remove every suspicion you may have
against the good Intentions of the people of Vermont, but I can only
assure you of my own, and that I have not the least doubt you may rest
equally assured of the sincerity of such of the others as are made ac-
quainted.
I am not unapprised of your Excellency's anxiety to close the present
uegociation, nor of your being much disappointed at my not being fully
authorized for that purpose. I must entertain that good opinion of you,
that you will not come into any hasty or unreasonable determinations.
1 Capt. Sherwood and Dr. Smith.
438 Appendix L
I refer you to Colonel Allen's Letter aforesaid for the reasons why I was
not fully authorized: any Instructions short of competent authority
could only prove a deception, and, consequently, fatal. Captain A. and
B. will be more particular to you in their Letter.
I am, sir, your most obedient and most humble servant,
(Signed) Joseph Fay.
His Excellency General Haldimand.
Indorsed, " N°- 19. Copy of a Letter (private) from Major Fay to His
Excellency General Haldimand, dated 9th- August 1781, on Board the
Royal George on Lake Champlaiu."
Next in order of date was the letter of the Vermont Agents to the
President of Congress, Aug. 14 1781, for which see ante, p. 316, note 1.
Gen. Haldimand to his Com?nissioners, for Major Fay.
(Private. Copy.) Quebec, 16th- August 1781.
Sir, — You will please to acquaint Major Fay that 1 am favored with
his Letter (private) of the 9th- Instant, and that I cannot help feeling
concern and disappointment that he is not vested with powers to be
more decisive upon the subject of it, the former arising from a motive
of humanity and a desire as well to recall to the Mother Country her
natural right as to restore happiness to a Brave people, whose distresses
I have really felt for: the latter from an expectation founded upon the
assurances of Colonel Allen that the present Flag should bring sufficient
authority finally to negociate and settle a re-union of Vermont with the
Mother Country. I have been so little accustomed to deceit or intrigue
that it is painful to me to suspect, yet from the breaches of Faith which
have been exhibited by the opponents of Government in this Province
(both in public and private instances,) from the delays and obstacles
in the present affair thrown in the way of my endeavours for reconcilia-
tion, from unreasonable expectations and demands upon the subject of
the exchange of prisoners, from the diffidence discovered by the unheard
of practice of sending strong Guards or rather detachments with Flags
of Truce, but above all from the acknowledged construction of my
views that tbey are to involve in war with the other States a people
whose interest I have with every sentiment of Candour manifested my
inclinations to promote, 1 confess 1 am taught to entertain doubts wliich
it will give me pleasure to find have been ill-founded but which the
nature of my situation cannot fail to justify. The distance complained
of in this transaction proceeded, you must remember, from the express
desire of the parties on the side of Vermont, and mutually agreed to by
my agents when the affair was first agitated, that the strictest secrecy
should be punctually observed. Under these circumstances 1 could
not think of risking my sentiments in writing amongst a people who
whether from necessity or inclination had given up similar Letters to
Congress. It would have been infinitely more suitable to my ideas to
have promulgated my wishes by proclamation, wliich I should still do,
could I think it would reach the Ears of the people in its real sense, but
every attempt of that kind has been so industriously counteracted from
the commencement of the unhappy conflict, that in the present situation
of affairs it would be in vain. Much pains were taken with Colonel
Allen to make clear to him my sentiments and determination. He took
his leave seemingly impressed with a conviction of my candour and
friendly offers, and promised a similar reception of them from Governor
Chittenden, General Allen and other leading Men in Vermont, to whom
they have of course been fully represented by him: yet nothing has
been done; the same system of procrastination prevails, and the affair
Haldimand Correspondence. 439
stands upon the departure of Mr. Fay, just where it did last May. The
papers alluded to in Mr. Fay's Letter could surely have been entrusted
in his hands for the perusal of my Agents in this affair, and it would
have been no more than has been done from the beginning on my part;
to leave these behind was to come without his errand.
It is with much reluctance that I should relinquish the pleasure of
being the instrument of recalling to allegiance the people of Vermont,
and restoring to them peace and happiness; yet I foresee that my Duty
will require it of me. I have, with much difficulty and management,
avoided everything but the appearance of hostilities. While their
Country might have been ravaged by continual parties, it was still my
wish to forbear upon the faith of Colonel Allen's and Mr. Fay's profes-
sions, but it is not in my power to say more. Were that people but half
as desirous of a Union with Great Britain as with the Congress, they
would now be a happy people, independent of every power on Earth
except the parent one. The Congress has repeatedly denied them the
Territory they contend for, and by temporizing they may fatally become
the dupe of both parties; for should America prevail, they cannot sup-
pose Congress will, in prosperity, grant what they have so repeatedly
refused when their alliance would have been serviceable. On the other
hand, should America be disappointed, they cannot, with any degree of
reason, expect from Great Britain Terms so cordially preferred, which
they have so coldly rejected for a shadow of Independence, and it is too
romantic to suppose that in the general conclusion of the Wars which
now subsist, in which the powers of Europe are materially concerned,
Vermont will ever be considered. In short, I do affirm, (and I hope I
shall be believed,) that, if it is the intention of Vermont to trifle with
me, she will find herself deceived. If, to accept the Terms proposed, so
strongly disinterested on the part of Government, and so evidently gen-
erous and consonant with the interest of Vermont, I shall receive her
with open arms, and I hope she will avoid too late and an ineffectual
repentance.
The prisoners, or the greatest part of them, being now exchanged, I
shall not expect a Flag of Truce from Vermont upon any other Business
than to signify her acceptance of my offers, and at all times to consist
of no more than live persons who will keep their Flag constantly flying.
Major Fay will be so good to acquaint Colonel Allen that 1 received
the favor of his Letter. " I am, &c.
(Signed) Fred: Haldimand.
To Messrs. A. and B.
Indorsed, "Copy (N°- 20.) From His Excellency General Haldimand
to Messre- A. and B. 16th- August 1781."
Next in order of dates were the resolutions of Congress of Aug. 17;
the proposals of the Vermont Agents to Congress of Aug. 18; the
questions of the committee and the answers of the agents, of the same
date, and the resolutions of Aug. 20-21 — for which see ante, pp. 316-320.
Capt. Justice Sherwood to Col. Ira Allen.1
Longale [Longueil] Block House, 21st Aug. 1781.
Bear Sir, — I have the honor to acknowledge your favor by Maj. Fay,
with Pope's Essay on Man-, for which I beg leave to return you my best
thanks. I find Maj. Fay the gentleman you represent him to be, and
however different our political sentiments are, you may be assured that
1 Ethan Allen Papers, p. 357,
440 Appe?idix I.
my former personal friendship for you and him remains inviolate. As I
have requested the Major to present, my compliments to Governor Chit-
tenden and the gentlemen of Vermont in general, have only to request
you will remember me to my former good friend General [Ethan] Allen,
with compliments and best respects to Mrs. Allen and the young lady
[the General's daughter.]
Believe me, dear Sir, sincerely your personal
friend and most humble servant,
Col. Ira Allen. J. Sherwood.1
Third Interview hetween the Vermont and British Commissioners?
Sept. 1-20, 1781. In the month of September, and previous to the
20th, the Vermont and British Commissioners met at Skenesboro1
[Whitehall] to exchange prisoners, when the Vermont Commissioners
delivered to the British the several Vermont, New Hampshire, and Con-
gressional documents, bearing dates between the 20th of June and Sep-
tember, which are embraced in the Ilaldimand Papers. The plan of
government for Vermont as a British colony was discussed, and it was
agreed that it should be essentially the same as that established by the
constitution, and similar to that of the colony of Connecticut, except
that the king in council should appoint the Governor. The British Com-
missioners suggested the capture of Vermontsrs who were most vio-
lently opposed to the negotiation, which the Vermont Commissioners
rejected, and the matter was reserved. The British Commissioners then
insisted that Vermont should declare itself a British colony, and ottered
to put several leading Vermonters on the British military esiablishment,
as Brigadier General, two Colonels, and other officers. The Vermont
Commissioners " treated this proposition with candour and deliberation,"
and stated fully their objections, such as the locality of Vermont, adjoin-
ing thick settlements in the United States — the staunch whigs among
the body of her people— their ties of consanguinity with people of the
neighboring States, and the difficulty Great Britain would have in de-
fending Vermont, especially in the winter. They urged that time, dur-
ing an armistice, was necessary to prepare the people for such a change,
and suggested that the inability of New Hampshire to furnish her full
quota of troops to the continental service, and the possibility of annex-
ing Berkshire county, Massachusetts, to Vermont, with the intiuence of
these things on the people of the State, might be of more service to the
King than any thing Vermont could accomplish. The British Commis-
sioners took down in writing the heads of these objections, and " then
suggested an instruction, which they said they were not at liberty to de-
viate from without putting an end to the armistice, which was, that His
Excellency General Haldimand should, in pursuance of full powers
vested in him by His Majesty in Council, issue a proclamation, offering
to confirm Vermont as a colony under the crown."3
1 This letter indicates the courtesy that prevailed among the gentle-
men engaged in the negotiation ; which, indeed, Ira Allen specially cer-
tified.—See biographical note on Capt. Sherwood in Vol. I, p. 192.
2 Vermont Historical Society Collections, Vol. n, pp. 172-174.
3 Ira Allen in Vt. Hist. Soc. Coll., Vol. I, pp. 433-435. Gen. Haldi-
mand declared to his commissioners, Aug. 16, that it would be most suit-
able to his ideas to promulgate his wishes to the people of Vermont by
a proclamation. — Ante, p. 88f-
Haldimand Correspondence. 441
In the next document, Sept. 20, the Vermont Commissioners "propose
whether a proclamation from His Excellency General Haldimand "
" might not answer a valuable purpose;" and the British Commissioners,
in their report of this conference, wrote on I he 30th of September that
the Vermont Commissioners " requested fas the last resource) that Gen.
Haldimand would issue a proclamation ," &c. The apparent discrepancy
between Ira Allen and the British Commissioners is removed on the
supposition that the latter had suggested a proclamation at some preced-
ing time in the conference, which the Vermont Commissioners then
objected to, and that subsequently, u as the last resource," the latter re-
newed the proposition. Allen's account is consistent with this explana-
tion. He went on to say that " the Agents of Vermont were unpleas-
antly situated," but they reinforced the previous objections [to the
proclamation proposed by the British Commissioners,] by suggesting the
lateness of the season, bad roads, want of fortifications and preparations
for defense, and that one winter would have great effect in changing the
minds of the people. Gen. Haldimand might change his opinion as to a
proclamation on these considerations; "but should he not, they [the
Vermont Commissioners] hoped the General, who brought forward such
proclamations, would learn the temper and disposition of the people be-
fore he distributed them. On these principles they consented to have the
proclamations brought up the lake, rather than break the armistice.1'1 To
concede that Allen was mistaken in his statement that the first sugges-
tion of a proclamation came from Haldiinaiurs agents, is equivalent to a
charge that these objections in the name of the Vermont Commissioners
were merely Allen's afterthoughts. A strong motive would be needful
to prompt such a misstatement; and Allen in England in 1798 certainly
could have no such motive. His interest then was to represent Ver-
mont and himself as having been well disposed towards the British Gov-
ernment, and he would hardly omit so important a fact as that the pro-
posal to invite Vermont to become a British province, by proclamation,
was made by Vermont, and by himself as her Agent, instead of by Gen.
Haldimand.3
From Commissioners of Vermont, suggesting a Proclamation by Gen.
Haldimand.
(Copy.) The Commissioners on the part of Vermont propose for
Consideration, vizt:
That in our opinions the first proceedings of the New Legislature of
Vermont will be to form into a Committee of the whole to hear the re-
port of their Agents from Congress, and then to take into Consideration
the proposals from Congress, when we have every reason to expect them
to be rejected, when the Legislature will proceed to business. As the
Members are from all parts of the State, and many of them Strangers to
each other, it will not be amiss for them to be a few days together before
<a public Litigation of a Change of Government, and in order to that we
would propose whether a Proclamation for [from] His Excellency Gen-
eral Haldimand to be then exhibited to the Legislature might not an-
fwer a valuable purpose, as it would lay a Foundation for them to pro-
eed upon. Such Proclamation to contain the Terms the Court of Great
Britain have authorized His Excellency to give Vermont, which we
could wish, as Citizens of Vermont are principally Emigrants from the
New England Governments, that their privileges might be as near those
3 See Allen's History, in Vt. Hist. Soc. Coll.. Vol. i, pp. 434-436.
442
Appendix L
they have been accustomed to as may be. That there should be no un-
due advantage taken by such Proclamation, we propose that it be lodged
with the General Commissioners on the Lake: that as soon as the Leg-
islature have rejected the Oilers of Congress, that a confidential person
be forwarded to said Commissioners with that information, when a Flag
should be sent to Castleton with such Proclamation sealed and directed
to the Legislature, when General Euos will forward them unopened, by
Express to the Legislature.
/c; ,, i\ jluA Allen,
(Signed) |j.FAY.
Skeenesborough, Sept. 20th- 1781.
Queries from
to the Commissioners of Vermont respecting their
Proposals and Proclamation, tl*c, and their Answers.
1st- Do those Proposals fully co-
incide with the opinions of the Gov-
ernment [Governor] and Council or
such part of them as wish for a Brit-
ish Government V
2nd. \\riiat effect or particular ad-
vantage will such a Proclamation
have in the Assembly ?
3rd. Will it not tend to encour-
age [enrage ?] them and effectually
put an end [to] any further nego-
ciation ?
4th- Will it not alarm Congress,
and gain from them a pretended
Compliance with all the demands
of V ?
5th- Shall you make the Procla-
mation public or not ?
6th- Do you candidly believe it
probable that the Assembly and
populace in general will close with
the Proclamation, provided it gives
them Charter Privileges similar to
those of Connecticut, or nearly the
same ?
7th If the Proclamation should
be rejected, will there be a proba-
1st- Answered in the affirmative.
2,Hl It will lay a Foundation for
the Friends to Government to en-
ter fully on the Business authori[ta]-
tively and facilitate a Close of the
Subject, as it will contain the Gen-
eral Proposals.
3rd- It cannot alarm the Legis-
lature so much as to have the sub-
ject proposed to them by the Gov-
ernor and Council, as Congress and
the world will be at a loss to .judge
what occasioned such Proclama-
tion, as all former private negocia-
tion ou the subject will still remain
in oblivion.
4th- The Articles of Confedera-
tion virtually precludes a Compli-
ance, nor can it alarm Congress or
the other States more than to have
the matter Litigated at large in the
Assembly, as they are possessed of
Lord George Germain's Letter to
Sir Henry Clinton.
5th- It will be conveyed immedi-
ately on reception to the Speaker,
and opened in presence of the As-
sembly.
Qth. Qur New Election warrants
the highest probability.
7th. Even should the proposition
be rejected, still we are confident it
Haldimand Correspondence. 443
bility or even a possibility of a re- I would not effect [affect] those who
union after such a rejection ? | are now in favor of Government,
but add to the numbers who would
J still pursue the grand object.
Ira* Allen,
Skeeneborough, 20th- September 1781. J. Fay.
Gen. Haldimand to Sir Henry Clinton.
(Copy.) Quebec, Sept1- 27, 1781.
Sir, — The Letter which accompanies this [ had the honor to prepare
for your Excellency the 2,,d- Ultimo, but was disappointed in my expec-
tation of conveying it to you. The present with its enclosures is in con-
tinuation of the former. These contain the fullest information in my
power to communicate to your Excellency upon the interesting subject
of Vermont affairs.1 The very strong assurances of sincerity, made by
Colonel Allen and Major Fay in behalf of the Governor and Council and
the obvious difficulties they represent in the way of a sudden Revolution
where the prejudice of a people is so violent, demand some credit and
attention, yet there is something in their whole conduct so obscure and
mysterious, and so very correspondent with opinions of approved Loy-
alists who live among them that sanguine as I am for tbe success of this
Business, 1 cannot help entertaining very unfavorable suspicions of it.
My Agents have at present an interview with Major Fay agreeably to
his desire expressed in N°- 21. I hope I shall be informed of the result
before I am obliged to dispatch this Letter. In conformity to \\\y own
sentiments and the request of those Loyalists in whose judgment I have
the most confidence, I have determined to shew a strong detachment
upon the Frontier about the 1st- of October, when their Assembly is to
meet. It will take post at Crown Point and remain there as long as the
Season will permit. I have likewise directed that strong parties be sent
from Niagara to appear at the same time upon the Mohawk River and
Frontier of Pennsylvania. The former if found necessary will co-operate
with parties from Crown Point. Circumstanced as I am, my offensive
views from this province are confined alone to that object: if it should
not produce the effect hoped for with the people of Vermont it cannot
fail to alarm and distress the Enemy by ravaging the Frontiers, and
diminishing their supplies. It will likewise be the means of drawing to
the Royal Standard a number of Loyalists, who only wait, as they say,
for an opportunity to escape from the oppression they labor under; and
if your Excellency should have any operations in view which can be
facilitated by this resolution, I shall feel an additional pleasure in having
taken it. I have for that purpose dispatched a Messenger through the
woods to communicate my intention to you.
The very high respect I have for the judgment of General Robertson,
the Interest he must have in the conduct of Vermont, as it may affect
the province of which he is Governor, and my personal Esteem and
regard for him, induce me to request your Excellency will communicate
to him my transactions with that people, contained in my present Dis-
patches.2 I have the honor to be, &c.
(Signed) Fred: Haldimand.
His Excellency Sir Henry Clinton.
1 Opposite this sentence in the margin is this entry: " From N°- 18
To " 21"
2 The allusion here is, doubtless, to Lieut. Gen. James Robertson, of
the British army, who was commissioned as British governor of New
York May 14 1779, and sworn in March 23 1780. — See Drake's Dictionary
of American Biography.
444 Appendix L
Indorsed, "Copy. General Hal dim and to Sir Henry Clinton, K. B.
Quebec, 27th- September 1781. 42."
Gen. Haldimand to Sir Henry Clinton. — [Extract.]
(Copy.) Quebec, September 28, 1781.
Sir, — By the arrival of Major General Reidesel I am honored with
your Excellency's letter of the 23d- of last July.
For Vermont affairs I beg leave to refer your Excellency to my letter
upon that subject which you will receive by this opportunity. [The
remainder of this letter does not relate to the Vermont question.]
Report of British Commissioners to Capt. Mathews for Gen. Haldimand.
(Copy.) Quebec, 30th- Sept. 1781.
Sir,— In behalf of B . . . . [Dr. Geo. Smith] and myself, [Capt.
J. Sherwood,] I transmit to you (for His Excellency's Information) our
proceedings with the Vermont Commissioners. Although the different
papers marked from N°- to N°- contain the essential part of our Negotia-
tion, I beg leave to trouble you with a f*3W remarks of my own founded
on the closest Observation and scrutiny that I was able to make on the
words and actions of Messrs. Allen and Fay, while 1 was with them Viz'-
I am fully of the opinion that Messrs. Chittenden, Allen and Fay, with a
number of the Leading Men of Vermont, are making every exertion in
their power to endeavour to bring about a re-union with Government, and
that at least one third part of the populace sincerely-wished for such a
change. But I find that Congress are much alarmed, and have lately at
great expense employed a number of Emissaries in Vermont to coun-
teract underhand whatever is doing for Government. The principal of
those are General Bailey, Colonels Chas. Johnson, Moron, Brewster and
Major Childs, on Connecticut liiver.1
lGen. Jacob Bayley of Newbury. In a letter to President Weare,
Nov. 22 1780, (in Vt. Hist. Soc Collections, Vol. n, p. 81) he wrote:
I understand General Allen has made peace for Vermont till that
time [Feb. 1781]; but as we don't own that State, we shall be their only
butt. If the United States, and your in particular, do not take notice
of such treasonable conduct, we had better let this cause drop. If you
had the jurisdiction of the whole Grants, which I am sure you could if
you only desire it, the country would be safe; but if you split at the
[Connecticut] river, you keep all in confusion, and must still defend for
your own safety and reap no benefit, neither by tax [upon the people of
Vermont] nor by vacant [Vermont] lands which is very considerable.
While the matter hangs in suspense, the enemy may take possession,
(they claim it by the Quebec bill, as well as part of your State;) then
where is your State? For my part I am determined to fight for New
Hampshire and the United States as loug as I am alive and have one
copper in my hand: but if our exertions are not greater and more effec-
tual, another year will end the dispute, [and] not in our favor.
In a letter to Gen. Washington on Vermont in 1781, Gen. B. said,
" there are six or eight rascals there." — See Index to Stevens Papers, p. 15.
Col. Thomas Johnson of Newbury concurred with Gen. Bayley in opin-
ion.—See his letter to Gen. Washington, May 30 1782, in Vt. Historical
Magazine, Vol. n, p. 929. It is doubtful, however, whether Capt. Sherwood
counted Col. Thomas Johnson in this list, as the Colonel was, at the date
of Sherwood's report, a prisoner in Canada, and professedly cold in the
Haldimand Correspondence. 445
This Junto of which General Bailey is the soul are endeavouring to
set the Populace against their present Leaders by insinuating to them
that they are Tories, and intend to sell Vermont, &c. I believe that
Congress intend to bring the populace of Vermont to a General Vote
whether they will relinquish their present Claims or not, at which time
they hope by the influence of Bailey's Party to turn out the present
Leaders and at least have their own Creatures appointed, whom they
will endeavour to support, by establishing a considerable Force some-
where on the Frontiers of Vermont next Spring. Messrs- Allen and
Fay very sincerely acknowledge to me their Embarrassment and their
fears that the populace could not be easily gained, and in a very sensible
manner, pointed out the difficulties and dangers attending such an
attempt while the Rebellious part of the populace, however few, had
reason to expect so much more assistance from the Southward than the
friends to Government could at present expect from the Northward:
they observed, that, so long as these motives emboldened the former
and depressed the latter, there would be but little hopes of Success:
they, however, requested, (as the last resource,) that General Haldimand
would issue a proclamation, pointing out, in a very particular manner
the privileges he was authorized to grant Vermont, mentioning their
extent of Territory, the Security of their Title of Lands, and Charter
privileges as near to the former Charter of Connecticut as possible; the
protection they might expect against their Southern Neighbours, and
the advantage of a [free] Trade with Canada, &c. to concl ude with
placing to their view, in soft but spirited terms, the evil consequences
and misery which must necessarily follow the refusal of such equitable
and humane offers. This proclamation they hoped would be acceptable
to so large a part of the people that by the ensuing Spring with the
assistance and protection of General Haldimand, they could effectually
establish a British Government, but if this failed, they know of no other
method at present. I am Sir with much respect,
Your Most Obedient and Most Humble Servant,
(Signed) A.
Certain Mathews.
Indorsed, "Copy of a Letter from one of the secret Commissioners,
dated the 30th- September 1781. (N°- 33.) A."
Gen. Haldimand to Sir Henry Clinton.
Qukbec, 1st- October, 1781.
Sir, — The Intelligence, for which I have some days detained the
Frigate, is at length arrived. My Agents are returned from their con-
ference with Ira Allen and Major Fay, and I here enclose a Continuation
of their proceedings from N°- 22 to 33. These and Conversations (I am
forbid to commit to paper) which passed between those Gentlemen,
have almost, if not entirely, removed my suspicions of Allen's party;
but I see, with much concern, that the wished for Revolution very little
depends upon their interest, at least as things are at present circum-
stanced. The prejudice of a great Majority of the populace, and the
prevailing influence of Congress, are too powerful to admit of a change
cause of his country. — See same magazine, p. 928. The editor knows of
no Col. Charles Johnson. Col. "Moron" was doubtless Col. Israel
Morey of Orford, N. II.; the other gentlemen named were Col. Eben-
ezer Brewster of Hanover, N. H., and Maj. Jonathan Child of
Lyme, N. H.
446 Appendix 1.
(within any given time from one to three years) by Negociation. The
Leading Men in our Interest advise, as a last resource, my issuing a
Proclamation confirming to Vermont the late assumed Territory and
other privileges, (contained in a Letter marked A.) thinking that from
the late refusal of these by Congress, the people may be inclined to
accept of Terms from Government.
This proclamation, they desire, may be followed by a Force equal to
support the friends of Government who wait for an opportunity to
declare themselves, and to awe those in opposition. In so critical a
Juncture, 1 most sensibly feel the want of particular instructions, fear-
ing, on one side, to let an opportunity escape which may never be
recalled, and, on the other, taking upon myself a decision of such
importance. A firm disinterested Zeal for the King's Service which
has hitherto, will, in this instance, guide my conduct, and in acting for
the best I shall hazard the consequences with the generosity of my
Royal Master. How far encroachments by Vermont on New York and
New Hampshire may affect future politicks, I know not. At present I
conceive them indiscriminately engaged in rebellion, and if, by sacri-
ficing a part of one to the interest of the other, a Re-union of the most
valuable with the Mother Country, can be effected, I think it my duty to
make the attempt. In this faith I shall issue the Proclamation, worded
with as much caution as is consistent with my hopes of its success. It
is to precede the detachment, and as the preparations to receive it can-
not be made before the 12th- or 14th- Instant, to which time the Meeting
of their Assembly is put off, the Troops will necessarily not move so
soon as mentioned in my other Letters to your Excellency.
Reports brought by my agents from good authority, respecting the
Enemy having laid aside their intention against New York, makes this
delay less painful to me.
Your Excellency will not understand that any offensive measures
against Vermont are to be undertaken by the Detachment from Crown
Point. On the Contrary every appearance of Hostility will be carefully
avoided, while parties will be sent to distress the other Frontiers. It is
hoped this conduct will convince the people of Vermont that it is the
intention of Government to protect them, and facilitate the endeavours
of the Leading Men in our favor to gain the populace in the course of
the Winter to make preparations for a more effectual Essay in the
Spring, which, if mutually carried on, I should hope might prove suc-
cessful. I have the Honor to be, &c.
(Signed) Frederick Haldimand.
To His Excellv Sir Henry Clinton.
Indord- "45."
Gen. Haldimand to Sir Henry Clinton.
(Copy.) Quebec, 2nd- October 1781.
Sir — The Transaction, of which the particulars are here enclosed, was
undertaken and is carrying on upon a solemn and mutual promise of
Secrecy, for the performance of which as well on my own part as in
behalf of the Agents I employ, I have pledged my honour.
The Service we are mutually interested for requires I should impart
this matter to your Excellency, and I do it in perfect Confidence that
you will not entrust it to the knowledge of any other person, except
General Robertson, to whom I have in another Letter signified my
wishes it should be Communicated. I have the Honor to be, &c.
Fred: Haldimand.
His Excellency Sir Henry Clinton.
Haldimand Correspondence. 447
Gen. Haldimand to Sir Henry Clinton.
(Copy.) Queiiec, October 3d 1781.
Sir, — I have the hoiior to enclose to Your Excellency a Sketch of the
Proclamation mentioned to you in a Letter of this date.1 I persuade
myself Your Excellency will have that indulgence for me in regard to
it which the necessity of the measure will dictate, and that you will do
me the justice to believe no other motive could have induced me in the
smallest degree to trespass upon the limits of your Command, a neces-
sity to which my local situation has reduced me.
With respect to the thing itself, many happy, no evil (that I can fore-
see) Consequences, can result from it. Should it have the desired effect,
I need not point the advantages. If it fails, the Boundaries of the Prov-
inces remain as before, and the Mysteries of Vermont will be seen
through. I have the Honor to be, &c,
(Signed) F. Haldimand.
His Excellency Sir Henry Clinton.
Form of Proclamation proposed by Gen. Haldimand..
Frederick Haldimand, &c. &c.
.... Whereas, his Majesty, persevering in his humane endeavours to pre-
vent the Calamities of War, Hath been Graciously pleased to grant unto
me, in general Terms, permission to treat with, and to propose to His
Subjects in the District of Country called Vermont such Terms for ac-
commodation as might appear to me best calculated to recall them to
their Allegiance, and to rescue them from the oppression of their inter-
ested deluders, by re-uniting them upon a respectable and permanent
footing, with the Mother Country — Happy in the prospect of being In-
strumental to so desirable an event, 1 embrace this mode, as the most
public, of declaring to the people of Vermont, that upon their cordially
and effectually re-uniting themselves, as a Government under the Crown
of Great Britain, they shall be considered by the same a separate prov-
ince, independent of, and unconnected with every Government in Amer-
ica, and will be entitled to and shall enjoy every prerogative and immu-
nity promised to the other provinces in the Proclamation of the King's
Commissioners, comprehending Charter rights, as formerly enjoyed by
the province of Connecticut, the right of appointing a governor ex-
cepted, which must rest in the Crown.
In order the more effectually to remove every jealousy on the part of
the people of Vermont (industriously infused by designing Men into the
minds of the Ignorant) of Great Britain's wishing to deprive them of
their liberty, and to curtail their Interest by limitting their possessions —
and in order to remove the injuries said to have been exercised against
them by the New York Government, in obtaining Grants of Land which
had, in consequence of Grants from New Hampshire, been cultivated by
the labour and industry of the Inhabitants of the Green Mountains — I
hereby further promise, that, until such time as His Majesty's pleasure
shall be signified, to me, or that I shall have authority from one of the
King's Commissioners (for which 1 have already made application) to
confirm to the said people of Vermont their late acquisition of Territory,
together with their Landed Property, as granted under New Hampshire,
Viz* — From the North Line of Massachusetts, North, to the South Line
of Canada, and from the Hudson's River, East, to the Mason Line, I
shall consider the same, to all intents and purposes, belonging to the
Province of Vermont, and I shall afford to them the same protection,
1 Pobably referring to the letter of Oct. 1. See also letter of Oct. 2.
448 Appendix I.
privileges and Immunities herein promised to the Inhabitants of the
original District.
A free Trade with Canada will likewise be granted and encouraged,
and the more effectually to protect the said people of Vermont in their
possessions, a co-operative Force sufficient for that purpose will, at all
times, be provided by the Crown, and the Vermont Troops shall have
every present and future Advantage in common with the provincials
now serving with the King's Army.
Thus, it is hoped, Terms so eminently humane and generous will not
leave a doubt remaining with the people of Vermont of the sincere and
friendly intentions of Great Britain, and dispose them, tho' late, to give
a virtuous Example to their Countrymen by acknowledging, tho' late,
their Error, and putting a stop to a ruinous and unnatural War, destruc-
tive to the harmony and mutual affection, which, until its fatal Com-
mencement, constituted the happiness and Strength of both Countries,
and successfully defended their religion and Laws against the baneful
Influence of Despotism.
Given, &c, (Signed) F. H.
Sir Henry Clinton to Gen. Haldimand.
New York, October 2nd- 1781.
Sir, — I am honored with your Letters Nos- 5 and 6 — and agree entirely
with you, that Vermont should declare immediately.
By Letters of the 16th- and 17th- Ultimo, from Lord Cornwallis, he ac7
quaints me that the Enemy's Fleet, supposed to be 36 Sail of the Line
and One 50, are in the Chesapeak, and had landed about 3500 Men to
join Lafayette, and, as Washington is gone thither with those under
Rochambeaud and 2000 Rebel Troops, Lord Cornwallis' Situation is be-
come alarming, which is rendered still more so by the necessary delays
in refitting our Fleet, which is only 23 Sail of the Line and 3 Fifties.
All agree that the only way to succour his Lordship is by going to
Chesapeak. I hope to sail about the 12th- Every exertion will be made
to penetrate and form a junction with him. Should that fail, a move
will probably take place through Jersey against Philadelphia. A very
early Effort towards Minisink, going Southward with the season, would
be of great use.1 If Lord Cornwallis is relieved, and the French Fleet
quit the Chesapeak, operations will go on in the Chesapeak all Winter.
Gen. Washington to Gen. Roger Enos.2
Camp bfore York, Oct. 6, 1781.
Sir^ — I yesterday received your favor of the 26th August, and am glad
to find that matters are like to be accommodated to the mutual satisfac-
tion of the people of Vermont and those neighboring States, whereby
the strength of a numerous body will be thrown into the general scale,
1 Following this letter in the Haldimand Papers is a letter of Oct. 3
1781 to " Dear Joseph " — supposed to be the Mohawk chief, Col. Joseph
Brandt— requesting him to " make a move upon Minisink and the East
Branch of the Susquehanah as soon as possible." The letter was with-
out signature, but a reference was made which enabled Brandt to iden-
tify the writer.
2 Washington Letters, State Department, Washington. Enos had inti-
mated that he had been appointed to the command of the Vermont
troops and would obey Washington's orders.
Haldimand Correspondence. 449
and the enemy disappointed in the hope which they entertained of sep-
aration of interests. You will be pleased to correspond with Major-
General Heath, who commands the army at the northward. It wili be
necessary also for you to keep a communication with Brigadier Stark,
who commands at Saratoga and in that district.
I am, &c, G. Washington.
Gen. Stark to Maj. Gen. Heath. — [Extract.] *
October 8. I have promises, in case of an attack, that the Vermonters
shall once more come to my assistance. I am in hopes to give you an
account of a small acquisition in the course of a few days. Any thing
extra you must not expect, as I am only prepared to act on the defen-
sive.
Lord George Germaine to Sir Henry Clinton for Gen. Haldimand.
N°- 92. Oct. 12th-
The Minister says, I am anxious that General Haldimand should re-
ceive my Dispatch, that was intended to have gone by the Cerberus, as
it contained Instructions which, by his Letter to you, appear to be all
that is wanting to effect an accommodation with the Vermont People,
and I send you Enclosed herewith, an unsealed Duplicate of my Letter,
that you may forward either the whole, or Extracts, by such Conveyan-
ces as you can confide in, and if you have a proper Opportunity, acquaint
Ethan Allen with the King's Gracious Intentions to make the Boundary
of the New Province as extensive as he can desire.
Indorsed, "Extracts from the Minister's Correspondence respecting
Vermont."
Gen. Roger Enos to the Speaker of the Vermont House of Representatives.*
Mr- Speaker, — I take the Liberty, through your hands, of communi-
cating my Sentiments, to the Honb<le the General Assembly upon a Sub-
ject which greatly concerns the Interest and Safety of this State.
The Honble House I presume are in some measure sensible of the
Motives, which have induced the Enemy to withhold their Force from
the Frontiers of this State. At the Close of the present Session, such
measures probably will be adopted, as will open the Eyes of the Enemy,
who will then be more fully sensible, that notwithstanding their political
Intrigues, Vermont ever has, and will support the American Claims in
common with the United States. At that Period we have every reason
to apprehend the whole Force of Canada will be exerted for our De-
struction. Should this be their Object, I would recommend that 1500
Men be raised, in the manner following, & ready to take the Field by
the first of Aprl-
1> To continue in service during the War, or for three Years.
2^- To be cloathed, armed and accoutred by the State.
1 Memoir of Stark, p. 206.
2 Vermont State Papers, Ms., Vol. 24, p. 4. This letter has come to the
editor's notice since the Haldimand Papers were printed in the second
volume of the Vermont Historical Society Collections. The letter is per-
tinent and important, as it shows the views entertained by Gen. Enos,
and it seems by all parties in the Vermont Assembly also, as to Ver-
mont's part in the Haldimand negotiations. Enos, according to Ira
Allen, was " fully acquainted with the negotiations." — See mite, p. 130.
30
450 Appendix I.
3'y- Their pay, Discipline and Government to be established as in the
regular Army of the United States.
The Advantages arising from an Army established upon this footing,
will appear obvious, by a just computation of the Expence and Incon-
venience, this State has been at in the present method of raising Men
for its Defence. The Bounty we have given to Two and three different
Classes of Men, raised for Two, three and Nine Months, in the Course
of a Year has been sufficient to have enlisted an equal Number of Men
during the War. Besides the Advantages [disadvantages] arising from
an Army raised for a short Period, as has been the Case, is not only at-
tended with great Expence and constant trouble, but very precarious
and uncertain. It is a Truth that the Powers of Government have never
been able to raise more than one half the Number of Men assigned for
its Defence; and as the Troops are obliged to cloath themselves, they at
the Close of the Campaign, are in a manner naked, incapable of Fatigue
— subject to sickness, which ends in the Furlow of one half the Army,
at the very time their services are most wanted. Should the Enemy
make a severe attack upon our Frontiers in this Situation, the Conse-
quences must prove fatal to many of our Towns not only on the Fron-
tiers, but even in the interior parts of the State. Whereas — a well Dis-
ciplined Army Cloathed and Accoutred in a Soldier-like manner, which
are essentially necessary for the Health, Spirit and Vigor of a Soldier,
would give such a Confidence to the Inhabitants on our Frontiers, that
instead of being employed in securing their Effects they would readily
unite their force, which would give a Check to the Enemy until the
Strength of the State could be drawn out against them if needed.
This mode of Defence would secure the able Farmers in their labour,
at those times when it would be ruinous for them to be called from their
Fields — it would encourage the Settlement of our Frontiers, which
would also increase our Strength, and [is] absolutely necessary to gain
the Aid and Confidence of the United States.
I am Sir with due Respect
Your Ob*- Hum. Servt- Roger Enos.
Charleston [Charlestown, N. H.,] Oct'- 17th- 1781.
[Indorsed,] State of Vermont.
In General Assembly, Octr- 19th- 1781.
The aforesaid letter was read and refered to the Committee appointed
to adopt proper measures for the defence of the State the ensuing year.
Attest, Ros1- Hopkins, Clerk.1
Gen. Enos to Gen. Stark.2
Head-Quarters, Castleton, October 26, 1781.
Dear Sir, — Captain Salisbury this instant returned as a scout from the
Mount [Independence,] which he left last evening. He lay in sight of
the enemy's works the chief part of the day. They are repairing the
fortification [at Ticonderoga,] and have covered the long barracks.
Nearly two hundred cattle were employed in drawing cannon, &c, from
1 In the manuscript Assembly Journal, Vol. n, p. 22, is the following
entry, under date of Oct. 19, 1781:
A paper was this day delivered to the Speaker signed by Gen1- Enos,
dated at Charlestown Oct: 17th- 1781 [and it] was read and refered unto
the Committee appointed to adopt proper measures for the defence of
the State the ensuing year.
2 Memoir of Stark, p. 282.
Haldimand Correspondence. 451
their boats. Behind the old French lines appeared a large number of
smokes, where it is supposed the chief part of their army is quartered.
Col. Walbridge informs me, by express, that he has not as yet made any
discovery from lake George and that quarter. He has my directions, in
case of any important discoveries, to make immediate returns to you.
I am, sir, your most obed't h'ble serv't, Roger Enos.
Hon. Brigadier Stark.
A second letter, same to same, of the same date, confirmed the fore-
going information, and added that it was supposed the enemy's force
amounted to nearly one thousand men.
British Commissioners to Gen. Haldimand. — Extracts concerning Vermont.
1781. 27th- October. The Enclosed Papers I received by the Hands
of ... . who had Directions to deliver them privately to me.
Mr. A 's Letter, and the manner of its Conveyance, with the cor-
rect Account he gives of the Proceedings of the Assembly, serve to
convince me of his sincerity and loyal intentions, but I cannot see any-
thing in the enclosed papers to induce me to think, with him, that
"these matters may yet crown our most sanguine expectations:" on the
Contrary, I am much disappointed to find our trusty friends ....
. . are left out of the Council and Assembly of Vermont.1
Mr. A 's Messenger has not yet appeared. We cannot account
for the delay, for every account we have from Vermont is favorable.
They have chosen Mr. C. Governor, and their Lieutenant Governor and
Council are of such men as favor a Ke-union; but notwithstanding these
flattering prospects, we do not chuse to send His Excellency's procla-
mation until we are better able to judge of the acceptance it will meet
with: this we hope soon to learn by pretty certain means we have taken
for that purpose. Colonel St. Leger has sent back one of their Scouts
taken by surprise with a declaration signifying his amicable intentions
to them. This was an idea of the Colonel's and I think cannot fail of
having a good effect at this time, if that people have the remotest wish
for a Re-union.
As soon as I can learn that the Proclamation will not be despised, I
shall send it, and wait as long as the weather will permit for an Answer.
[Enclosure.]
(Copy.) Letter from .... [Ira Allen.]
I received yours of the 3d- Ultimo, and marked well the Contents.
You are no doubt impatient waiting a return from me, but I must
inform you that every matter has not operated as was expected yet in
confidence and pursuant to my engagements I transmit the heads of
facts that you may lay the same before the General for his Information.
A few days before the present Session, there was news from various
quarters that Admiral De Grass had arrived at Chesapeak with 28 Ships
of the Line and 3000 Land Forces exclusive of the Fleet at Rhode
Island, which it is said are gone to Charlestown to act in conjunction
with General Green: That Admiral De Grass and the English Fleet had
had a severe Engagement, in which the English were defeated, and the
accounts appear to me so exaggerated that I shall not pretend to give you
1 The only Councillors " left out " were Jeremiah Clark and Thomas
Chandler, Jr., neither of whom were included in Gov. Chittenden's list
of persons who were apprised of the negotfation.
452 Appendix L
them. But by the New York papers it appears that the English were
second best, and that the French keep the Bay, which prevents Lord
Cornwallis's retreat. General Washington, with a division of his allied
Array, has joined the Marquis who commanded in Virginia, and some
report, that Lord Cornwallis, with his Army, are prisoners. These
Accounts whether true or false have their effect on the people. By
the Enclosed List of the Officers of Government for the present year,
and by the mark of the number of new ones, you will see there has
been a great change which in many instances I find favorable, but these
matters are so delicate & so many Strangers I have not sounded them
all yet. It is to be observed there are Spies from the other states
watching our motions. By the enclosed Extracts of the proceedings of
the Committee of both Houses, you will see how we have dispensed
with the resolutions of Congress.1 The proposals to settle with the
neighbouring States we view, in present circumstances, a polite way of
Closing the Treaty with Congress and which will tend much to
strengthen internal Connexions. There were but two dissenting Votes
in the whole. It is with regret I am necessitated to request that you do
not send the proposed Proclamation at this time, as the before recited
Southern Accounts seem to forbid it for the present yet the time will
come when they will answer the design intended. There is an account of
Admiral Digby's arrival at New York, and that he has only three ships
of the line. I however expect more favorable News from the Southward
soon — movements in these parts but too much depend on success to the
South, as this people do not feel themselves able to oppose the world
which makes it hard and somewhat dangerous making the first public
move — & to publish these matters before they are fully ripe might at
least endanger the whole system, so well calculated for the happiness of
this people & on which I have placed my ambition. You may depend
this people do not feel themselves under that obligation to Congress that
they once did, but are losing sight of that object fast; and should the
General's patience hold out, and the Frontiers not be invaded to rouse
that spirit which there has been so much pains taken to lay, these mat-
ters may yet crown our most sanguine expectations. In full confidence
of this, I submit the whole matter to those whose right it is to determine.
I am, &c.
Sir Henry Clinton to Gen. Haldimand.— [Extract.]
Intelligence. 27th- October [1781.]
As for Affairs at Cornwallis' Army, you must not be offended if I tell
you I cannot give you any satisfactory accounts: those I have received
are such as induce me to believe His Lordship is very much Crowded on
every side: how it will turn out Lord only knows; a short time will de-
termine the point.
As to the disposition of the Vermonters, it is almost as difficult to sat-
isfy you about them as it is about Lord Cornwallis, for their minds will
be actuated entirely by the Southern Affairs. But if the Leading Men
in Vermont should agree to any thing that favored Canada, I am per-
fectly satisfied the populace would oppose it.2
'The "proceedings" were of the Vermont Assembly, Oct. 16-19 1781,
which are in the Haldimand Papers. For these proceedings see ante,
pp. 321-323.
2 The remainder of this letter is on military affairs.
Haldimand Correspondence, 453
Oct. 27. Col. Walbridge wrote to Gen. Stark, detailing information
received from a deserter, that Gen. St. Leger arrived at Ticonderoga on
the 25th, with four gun-boats, two ammunition-boats, thirty batteaux, a
number of shipping, and two thousand men. Ten batteaux and one
whale-boat were taken over to Lake George.
Oct. 29. Lord Stirling, at Albany, wrote to Maj, Gen. Heath that he
and Gen. Schuyler were to visit Gen. Stark, who was making repeated
calls for militia; but Lord Stirling suspected the enemy would give no
opportunity for the use of them.
Oct. 30. Gen. Enos, at Castleton, wrote to Gen. Stark that he had no
doubt the enemy would pass Lake George for Stark's quarter. " For
want of provisions has been obliged to discharge the greater part of the
militia of Vermont, which greatly disappoints my intended operations
with you. On Thursday night [Nov. 2] I will be at Fort Ann with four
hundred men, where I shall wait your directions, with intelligence where
the enemy are." Wants ammunition. The account sent by Col. Wal-
bridge on the 27th was confirmed. Not more than four or five hundred
[British troops] remained at Ticonderoga. Thinks the movement made
[via Lake George] with two or three thousand men.
St. Leger reached Ticonderoga on the 25th of October, and about that
time, in a skirmish between British and Vermont scouts, sergeant Tup-
per, of the Vermont militia, was killed. It was an accident, as neither
did St. Leger on the part of the British, or General Enos and Colonels
Fletcher and Walbridge on the part of Vermont, intend to have any
violation of the armistice.1
Gen. James Robertson to Gen. Haldimand.
October 31, 1781.
Dear Sir, — Thanks for the Furs, Your Letters and the great pleasure
I have in being continued in your Friendship.
1 For Ira Allen's account see ante, pp. 129-130. Archelaus
Tupper was a sergeant in " Capt. Joseph Safford's Company of Militia
in Col. Ebenr- Walbridge's Regiment in an Alarm to Castleton, com-
mencing the 14fh- October 1781, and ending the 31st' both days included."
u A Petition of Lt. Col. Sam1- Robinson, dated Feby- 13, 1782, stating
that about the 25th of last Oct. Col. Fletcher, then commandant at Cas-
tleton, ordered the pet1-- to send a scout out of the reg*- commanded by
Col. R. to FMt. Independence, and that he, Lt. Col. R., ' sent sergeant
Archelus Tupper, Silas Walbridge, Joseph Willoughby Jr.,NathL Grave,
Am mi Fuller, and Jesse Bruster, who [were] on their way [when] one
was killed, the rest taken prisoners and lost their guns, accoutrements &
ammunition," and praying the Gen. Assembly to pay them for said arti-
cles: and the Gen. Assembly resolved to make good said articles to sd
persons, except Tupper, and that Ezekiel Brewster should have a gun
in lieu of the one by him lent to Serjeant Tupper." — See Revolutionary
Service, State of Vermont, ms. volume in the Secretary of State's office,
pp. 306, 525.
454 Appendix I.
Sir Henry Clinton with about G000 Men, went on board a Fleet of 25
Sail of the Line, to try to relieve Lord Cornwallis: He was forced to
surrender on the 29th, [19th] — the very day our Fleet sailed. We have
not heard from Sir Henry, nor of our fleet. Sir Henry and Mr- Digby,
who is a secret Commissioner, on that [their] arrival will consider, "and
Answer the Letters about Vermont. I will willingly give up a very
good Estate in that Country and every provincial interest to fix these
people in the interest of the Crown, but I doubt this secret event1 will
defeat all your trouble and pains. General Arnold says, Pere Floquet
is an inveterate Enemy, Jacob Rove no better — and indeed the gross of
the Boston Traders little better, he had no friendly Acts from any of
the noblesse. Ever yours, &c, &c, &c, James Robertson.
Indorsed, " General Robertson to General Haldimand, 31st October,
1781."
Copy. 1781. Extracts concerning Vermont.
Col. St. Leyer to Gen. Haldimand.
Tyconderoga, 2nd- November.
My Letter to Mr Chittenden had the desired Effect upon the minds
of the people.2 The most inflamed Rebels begin to reason coolly and
attend to the voice of the more moderate, while the well-wishers of Gov-
ernment took great pains to give it as extensive a Currency as possible
with their own Comments.
British Commissioners to Gen. Haldimand.
Tycond- 2d- Nov
Sending back the prisoners with the Letter from Colonel S*- Leger has
been attended with as much success as could be expected. The leading
Men were much pleased with it, and as soon as the Militia at Castle-
town, Pittsford and Skeensborough learned the Contents of the Letter,
they returned to their Homes, saying they saw no reason to risk their
lives and fortunes in the defence of New York. From every intelli-
gence that can be obtained, it appears that nothing more can be done
with Vermont to any effect until it is known how matters turn at Ches-
apeak, as the attention of these people seem anxiously fixed upon that
Quarter. I cannot but flatter myself that N. Y. and Vermont will soon
be at War with each other.3 I am certain their former Eumity and
Jealousy will be much augmented by the management of the present
expedition, sending back the Vermont Prisoners, &c. — In consequence
of which they have finally denied General Stark any Assistance. In-
closed I send you a few Articles of Intelligence just received from a
friend on whom I can depend.
In the Haldimand Papers, the succeeding letter, apparently referred
to above, is marked " Intelligence," but it was a letter from Sir Henry
Clinton to Gen. Haldimand, Oct. 27 1781, an extract from which is given
ante p. 452. Possibly Gen. H.'s Secretary by mistake put Sir Henry
Clinton's letter under that head, and omitted the " intelligence " sent as
above from Ticonderoga.
1 The surrender of Cornwallis.
2 Letter of 27th October, noticed by British Commissioners, ante, p. 451.
3 The collision occurred a month later.
Haldimand Correspondence. 455
Gen. Enos to Gen. Stark.1
Fort Ann, Nov. 2, 1781.
Dear Sir, — I arrived at this place last evening with the number of men
as mentioned in my last, with five days' provisions of beef, and one of
bread; was disappointed in every way of procuring the latter article, of
which I am now destitute. 1 am extremely sorry and much disap-
pointed that you did not furnish me with the number of cartridges re-
quired. As tlie Hampshire forces are destitute of ammunition, I judge
it improper to proceed to Fort Edward, unless there shall be absolute
occasion. I have this instant heard a firing of cannon and small arms
at Fort Edward,2 and shall immediately send a scout to that place for in-
telligence. If no discovery of the enemy be made, I shall be under the
necessity of returning to Castleton.
I am, dear Sir, your obedient servant, Roger Enos.
Hon. Brigadier Gen. Stark.
Nov. 3. Lord Stirling wrote from Saratoga to Maj. Gen. Heath that
there was no appearance of an enemy that side the narrows of Lake
George, and but a few at Ticonderoga. It being the opinion of Stark,
Schuyler, and others, that there was no longer any necessity for the
militia, they were discharged. The same to Gov. Clinton.3 In fact, Col.
St. Leger had at this time received intelligence of the capture of the
army of Cornwallis, and he at once withdrew his force to Canada. Ira
Allen's statement was this:
The packet containing Colonel Allen and Major Fay's letter* was de-
livered at Ticonderoga 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 capture 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.5
General Stark to Governor Chittenden.
Saratoga, Nov. 5th, 1781.
Sir, — Ordered by his excellency, the commander-in-chief, to assume
the command of the northern department, and to call, if necessary, upon
the militia of this state, [meaning New York, though Vermont then
claimed Saratoga, and that town was represented in the Vermont Gene-
ral Assembly,] and those of Vermont, for protecting the frontiers of
both states, I have observed, with great satisfaction, the alacrity with
which both have taken the field on every requisition; but, accountable
as I am to superiors, and inexcusable as I should be if I neglected to
advise them of any circumstances which carry the aspect of iniquity, I
1 Memoir of Stark, p. 284.
3 Probably in honor of the capture of Cornwallis and his army.
3 Clinton Papers, No. 4125.
4 Allen's letter of Oct. 27.— See ante, p. 451. No letter of Maj. Fay of
like date appears in the Haldimand Papers.
5 Vermont Historical Society Collections, Vol. i, p. 438.
456 Appendix I.
wish to receive the most authentic information respecting the sergeant
of the Vermont militia who was slain, and his party captured by the
enemy.
I expect your excellency will enable me to furnish a minute detail of
it to Congress, by affording me a perusal of the original letter, which the
British commanding officer is said to have written to you upon the occa-
sion. This will be returned to you b}r a safe hand, and a copy transmit-
ted to Congress.
The report, as brought to me, is that, upon the party's arrival at Ticon-
deroga, the British officer expressed great displeasure that the citizens
of Vermont had been disturbed; that he sent for the corpse of the de-
ceased sergeant, caused it to be interred with military honors, and then
dismissed the captured party with what liquor and provisions they chose
to carry awray, and delivered them a letter of apology to your excellency.
If this be true, it indicates a deep stroke of policy on the part of the
enemy, to raise a suspicion in the minds of all Americans that the Ver-
monters are friendly to them, or that they really have some encourage-
ment from some people in Vermont.
That the principal portion of the people of Vermont are zealously at-
tached to the American cause, no honest man can doubt, but that, like
every other state, it contains its proportion of lurking traitors, is a rea-
sonable supposition; and if these, by their machinations, have brought
upon the people injurious suspicions, there is no doubt but the latter
will severely punish the miscreants as soon as their misdeeds arc fully
developed.
No exertion on my part shall be wanted to eradicate every suspicion
injurious to the people of Vermont. Your compliance with my request
will probably afford me one of the means, and I pray most earnestly your
acquiescence, that I may detail the whole business in its true light.
I congratulate you, with the most heartfelt satisfaction, on the glori-
ous event which has placed another British army in our power, which
was announced on the third instant by a discharge of fourteen cannon,1
and yesterday by that of a like number of platoons, in honor of the Uni-
ted States of America.
I am, Sir, respectfully, your humble servant,
John Stakk.2
General Orders by Maj. Gen. H eath.— [Extract.]
Headquarters, Continental Village,
November 9, 1781.
The General has the pleasure of acquainting the army that the enemy
have been completely disappointed in their designs on the northern fron-
tiers of this state, in consequence of the measures adopted to receive
them in the vicinity of the lakes, in which the General is much indebted
to Major-General lord Stirling, Brigadier-General Stark, and the officers
and soldiers both of the regular troops and militia, who, with great zeal
and alertness, pressed forward to meet the enemy.3
1 Note by editor of Memoir of Stark. — Vermont was not, at this time a
state. The fourteenth cannon was however fired, as a compliment to
her good services in the war, and a hope that she might soon become a
state of the Union.
2 Memoir of Stark, p. 285.
3 Same, p. 290.
Haldimand Correspondence. 457
Sir Henry Clinton to Gen. Haldimand.
Nkw York, Nov. 6 [121] 1781.
Sir, — I received your several Dispatches by His Majesty's Ship Gar-
land, and as there was a Packet upon the point of Sailing for Europe
when they arrived, I transmitted to the Minister a Copy of your Letter
of the 1st- of October, of your Proclamation, and of the Letter marked
A., not having had time to prepare Copies of the whole; but they shall
be sent by the next opportunity, and also laid before Admiral Digby
(who is joint Commissioner with me) as soon as he arrives in Town.
You will not expect more from me by this Conveyance respecting
your measures with the Leaders of Vermont, than a general declaration
of my Confidence in your endeavours to separate that District from the
Revolt, and my wish for its Success.
The extent of the expectations of the people and of your promise to
meet them, will, I apprehend, make it necessary for the Crown to resort
to parliament, for the truth is, that the powers of the present Commis-
sioners extend only to granting pardons and restoring Provinces or Dis-
tricts to the King's Peace: and this alone is the reason of my pending
to the Secretary of State these Transactions, and I hope you will find no
difficulty in preventing our Enemies from practicing upon the Jealousies
of the Inhabitants of Vermont before the result of the public delibera-
tion can be transmitted.
P. S. General Anold [Arnold] says, Monsieur du Calvert Pere Flo-
quet, Messieurs Hay, Cord, Freeman and Watts were Friends to the
Rebels.
Indorsed, " Sir Henry Clinton to General Haldimand, 12th- November
1781. Sent overland per disoatched the
Gov. Chittenden to Gen. Stark.
Arlington, November 14th, 1781.
Dear General — Your kind favor of the 5th inst. was received on the
10th, but through the extreme hurry of business, and for want of a
proper conveyance, I have neglected to answer till now.
The particular account you have requested me to send you in regard
to the slain sergeant of the Vermont militia, and the return of the party
with him, who were discharged by the British officer commanding, I have
thought it my duty to transmit to his excellency, General Washington,
together with every other public movement in this vicinity, that in any
manner relates to the welfare of the independent states of America.
This I doubt not will be satisfactory.
I take this opportunity to return my thanks for the honor done this
State, by your directing the discharge of the fourteenth cannon, on your
late public day of rejoicing, occasioned by the capture of Lord Corn-
wallis and his army. A like day will probably be observed in this State
on the same occasion. I am, dear General,
Your most obedient, humble servant,
Brigadier General Stark. Thos. Chittenden.
Gen. Haldimand to Sir Henry Clinton.
Copy. Quebec, November 15th- 1781.
Sir, — 1 have requested Captn- Inglis, Commander of H. M. Ship Pan-
dora, (on a Cruise to the Southward) to deliver to Your Excellency this
1 The original in cypher is dated the 12th, and the above translation
of the cypher is endorsed as of that date.
458 Appendix I.
Dispatch. By the Garland Frigate I had the honor of communicating
to you at large my transactions with the people of Vermont. I hope the
safe arrival of that Dispatch has made Duplicates unnecessary, as I have
not time at present to prepare them, but lest a misfortune should have
happened to the Garland, I herewith send a Duplicate of my Letter
dated 1st of October which will give Your Excellency a general idea of
the situation of the Vermont Affair, and of my intentions at that time,
which are at present in execution, but which I am sorry to find must
have been expected by Vermont, from Lord G. Germaine's Letter N°-
77, to your Excellency of the 7th- of last February, which, by some
strange fatality, fell into the Enemy's hands. It is easy to imagine the
advantage that might be taken of this circumstance by an artful people
who are acquainted, from such good authority, with the Consequence of
which they are considered in the political scale.
Enclosed are Extracts &c. lately received from my Agents for that
Business. By these you will perceive they have not found the minds
of the people sufficiently prepared to receive the proclamation eventu-
ally to be issued, tho' no change has appeared in the favorable Dis-
positions of the leading Men who profess their wishes for a Re-union.
The interests of these people so much depend upon the turn affairs will
take in the Chesapeak, the state of which I have not the least knowledge
of, except by Rebel papers, which accidentally fell into my hands, that
until they are decided, it cannot be expected they will, however well
disposed, ultimately declare themselves, should that event prove favora-
ble, but not till then.1 I have reason to expect from the train in which
things are, that Vermont will decide for and take an active part with
Government, which will open a field for future Consideration, but if
unfortunately the contrary should happen, adieu to all hopes of negotia-
tion, for the populace, already enthusiastic, will never be gained by
persuasion. The Season being so far advaneed, I every day look for the
return of the Detachments from the Frontiers. My anxiety to learn
the situation of affairs to the Southward induced me to dispatch a Mes-
senger to your Excellency overland. He left this yesterday and will I
hope arrive safe. I shall anxiously wait his return tho' I have every
day hopes of being honored with a despatch from your Excellency. I
have lately had the mortification to learn that the principal Channels I
have used to Convey Dispatches and procure Intelligence are almost
entirely broken up, in so much that whole settlements have been
removed at a time across the N. River owing to the imprudence of
recruiting parties of the Corps of Loyalists, and discoveries by Emissa-
ries, and the desertion of Rebel prisoners enlarged upon Parole. This
will make our Intercourse still less frequent than it is, and I have to
request your Excellency, should you have any matter of import to
communicate to me, that you will send Duplicates by way of Niagara,
or to strike upon Carleton Island, for tho' more tedious, it is. at present,
the most certain, route.
Herewith enclosed a Duplicate of a Cypher which I had the honor to
propose to your Excellency by the Garland Frigate.
The Trade Fleet and Victualling Transports, under Convoy of the
Dedal us, Brune, and Hind Frigates, sailed from hence the 25th- Ulto.
and have been put back twice by adverse winds to the Island yf Bie,
where they now are.
(Signed) Frederick Haldimand.
Sir Henry Clinton.
'This statement is confused or incomplete. It is here given as it
stands in the Haldimand Papers.
Haldimand Correspondence. 459
Indorsed, " Copy General Haldimand to Sir Henry Clinton, Quebec,
15th- November 1781." "48."
Gen. Stark to Gen. Waslmigton. l
Dec. 21, 1781, Gen. Stark reported to Gen. Washington his view of the
condition of affairs in Western Vermont. He noticed the affair of Ser-
geant Tupper, and his correspondence with Gov. Chittenden thereon,
requesting Washington to inform him whether the Governor sent to
him the original letter of St. Leger. " If he sent you the original, it
must be satisfactory; otherwise, the case will still be doubtful in my
opinion. I shall think that they dare not produce the original."2 After
reporting the then late affair with New York, and the East and West
Unions, Gen. Stark proceeded :
1 believe, sir, that I may venture to predict that unless something de-
cisive is done in the course of this winter, with respect to these people,
we may have every thing to fear from them that they are capable of, in
case we are under the disagreeable necessity of making another cam-
paign. This may be considered as strange language from me, who have
ever been considered a friend to Vermont; and, indeed, I ever was their
friend, until their conduct convinced me that they were not friendly to
the United States. Were I to judge by their professions, they are more
mine and the [United] States' friend now than ever; but their actions
and their words appear to carry a very different meaning. During my
command, I have been promised every thing from their government and
their leading men that I could wish for; but they have taken particular
care to perform nothing; while, on the other hand, the militia of New
York, and those of Berkshire, attended to my requisition with alacrity
and uncommon spirit; and I believe the northern and western frontiers
are in a great measure indebted to them for the protection of their
houses, &c. I most sincerely wish that matters may turn out better
than I expect.3
lMemoir of Stark, p. 303.
2 No answer to this request appears in Stark's correspondence.
3 Per contra the following:
Gen. Stark, at Albany, to Gen. Washington. — [Extract.]
Aug. 9, 1781. In compliance with your order, I arrived at Bennington
on Friday last, and on Saturday made a visit to their Governor [Chitten-
den,] who, together with the leading men of the country, have promised
me every assistance in their power to repel the common enemy. I have
reason to believe, from their conduct, that their promises arc not falla-
cious; for, before I came to Bennington, Maj. McKinstry, who has com-
mand of the troops at Saratoga, sent an express to apprise them of the
enemy's advance for his post. The alarm was spread, and in a few hours
one hundred and fifty men, on horseback, marched to his assistance.
The alarm proved false, and next day they returned, but not till they
had visited Saratoga. On Monday last, at sunrise, a party of eleven was
discovered in the south-east part of Bennington, supposed to be a party
of tories from Hoosac, passing into Canada. The people were instantly
in arms, pursued them until one o'clock, when three of the pursuers
came up and made them prisoners. They were instantly marched to
Bennington. Upon examination, I find them to be a party from Can-
460 Appendix I.
Lord George Germaine to Gen. Haldimand.
(N" 34.) Whitehall, [London,] 2nd- Jan*- 1782.
Sir, — I was well pleased to find by a Copy of your Letter of the first
of October to Sir Henry Clinton, and of the papers enclosed in it, which
he transmitted to me, with his last Dispatches, that your negociation
with the Vermont Leaders was in so fair a train as to afford good
ground to expect that Country would speedily be restored to the King's
obedience. I have since learned by private Accounts that a detachment
of your Army had arrived at Crown Point and that a considerable Force
was assembled at Sorel under General Keidesel in readiness to protect
them from the resentment of the Congress, should they declare for his
Majesty.
Lord Cornwallis's misfortune will I fear deter them from taking that
step at present, but I trust they will not be intimidated into a submission
to the Congress, but that you will find measures to encourage them to
persevere in their former purpose, and to restore their confidence in our
ability to support them, for, as you have now put Quebec into a state of
security and established at Sorel, I should hope you will be able to carry
with you early in the Spring a much larger Body of Troops than Mr-
Washington can spare from his Army to go against them. I therefore
must repeat to you my recommendations to make the recovery of Ver-
mont to the King's Obedience, the primary object of your Attention,
and I can assure you, that whatever expense you may incur in effecting
it will not be grudged.
1 am Sir your Most Obedient Humble Servant,
(Signed) George Germain.
Governor Haldimand.
Gen. Schuyler to Gen. Washington. — [Extract.] *
Jan. 15 1782. Yesterday, I received advice that the people on the
Grants had generally assembled in town meetings, had declared their
apprehensions that a criminal intercourse prevailed between some of
their people and the British, and determined on an examination of the
conduct of the suspected persons; and had, by a great majority of the
towns, voted that a relinquishment should be made of their late extended
ada, which first consisted of six. They made prisoners of Esquire
Bleecker and two servants, when they were joined by two other tories,
making up the eleven. 1 enclose you their instructions. For my part,
I think they ought to be considered as spies, and beg your Excellency's
opinion on the subject.
See also letter of Gen. Stark to Gov. Chittenden, dated only a few
weeks earlier — Nov. 5 1781 — ante, p. 455.
Gen. Washington to Gen. Stark. — [Extract.]
Head Quarters, Dobb's Ferry, Aug. 16, 1781.
Dear Sir,— I have received your favor of the 9th, and am very well
pleased with the account you give of the disposition and behavior of the
people of Vermont. The party [Howard's] you mention to have been
captured by them. I think must be considered as prisoners of war, and
ought to be closely confined, to prevent all possibility of escape, until
they are exchanged. I. hope the militia have arrived before this time,
as I have been obliged to order the remainder of the continental troops
to join the main army.
1 Corr. of the Rev., Letters to Washington, Vol. in, p. 462.
Haldimand Correspondence. 461
claim, both on the east and west. The latter part of this intelligence is
this moment confirmed to me, in such a manner that I have not a doubt
remaining of its truth; and I have reason to believe that the former
part is not without foundation.
Gov. Clinton to Gen. Washington. — [Extract.]1
Jan. 21 1782. The Governor transmitted correspondence between
himself and Gen. Haldimand, being an unsuccessful attempt to procure
an exchange of prisoners, and then adverted to Vermont affairs:
I lately transmitted to Congress two affidavits,2 proving a traitorous
correspondence between the leaders on the New Hampshire Grants,
and the enemy; and one of them, that an actual league of amity was
settled between them; which, I presume, have been communicated to
your excellency. There are many other circumstances tending to
establish the facts contained in those affidavits, which would be too
tedious to relate. The well-affected in this state, and I believe I may
venture to say in some of the neighboring states, begin to be exceed-
ingly alarmed at their conduct. Added to this, the violent and oppres-
sive measures pursued by them against some of the most respectable
citizens, to support their late extension of jurisdiction, will, I am per-
suaded, before the opening of spring, occasion our having recourse to
arms to oppose their usurpations.
One of the British Commissioners to Ira Allen.3 — [Extract.4]
Feb. 28 1782. My anxiety to hear from you, induced me to apply to
his Excellency [General Haldimand] for leave to send the bearer with
this, which having obtained, I earnestly request you to send me in the
most candid, unreserved manner the present wishes and intentions of
the people, and Leading Men of your State, respecting our former Nego-
tiations; and what effect the late Catastrophe of Lord Cornwallis had on
them. Will it not be well to consider the many chances and vicissitudes
of War ? However brilliant the last Campaign may appear, the next
may wear a very different aspect. Add to this, the great probability of
your being ruined by your haughty Neighbours, elated by (what they
call) a signal victory; and I hope you will see, as I do, that it is more
than ever your interest to unite yourself with those who wish to make
you a happy and free Government. Will there be a proper time to send
the proclamations ? I repeat my request, that you will tell me, without
reserve, what may be expected in future.
Gen. Haldimand to Sir Henry Clinton.
Quebec, March 5th- 1782.
Sir, — Being under a necessity of sending an Officer through the woods
to Halifax, 1 am happy in having an opportunity, though by so long a
1 Same, pp. 463-464.
Affidavits of John Edgar and David Abeel.— See post, pp. 463,
464.
3 See letter of Haldimand to Sir Henry Clinton, post, dated April 28,
1782.
4 Williams's History, Vol. n, p. 209; Ira Allen's History, in Vt.
Hist. Soc. Coll., Vol. i, p. 464.
462 Appendix 1.
route, of communicating with your Excellency, and expressing my con-
cern at having been so long deprived of the Honor of hearing from you,
notwithstanding the many efforts I have made to obtain that satisfac-
tion. My Letters in Cypher dated the 13th- and 24th- of September, and
the 3rd- Octr- and 14th- of November I am fearful never reached you: those
of the 27th- 28th- and 29th- of September, the 1st- 2"d- and 3rd- of October by
the Garland, and of the 15th and 16th- of November, by the Pandora,
have, I hope, been more fortunate.
Your Excellency's favor of the 2nd- of August, which I received so
long ago as the 21st- of September, was the last that has come to my
hands. I am therefore apprehensive that Dispatches from you must
have miscarried, persuaded that, feeling for the anxiety expressed in my
Letters to hear from you particularly upon the subject of Vermont Af-
fairs, your Excellency would not have denied me that pleasure. I am
most anxious for the return of my last Messenger, dispatched on the four-
teenth of November, having been for many Months without having re-
ceived the least Intelligence from any authority that can be depended
on, and finding, by Reports brought in by the last Scouts, that prepar-
ations are making at and in the neighbourhood of Albany which indi-
cate a renewal of the Enemy's design against this Province by the plan
discovered by the Capture of Mr- Lawrence. It is unnecessary to write
the particulars of these reports, as they of course prevail with you, and
from your authentic knowledge of the state of things in the active
scenes, it will be in your power to judge if they have any foundation.
The Conduct of the Canadians obviously discovers that they are in
early expectation of some revolution from which they expect to derive
advantage, and tho' all my efforts have proved ineffectual in making any
material discoveries, there is not a doubt that an intercourse is supported
between them and the French, and that it is from that source their
hopes are fed, and their Conduct is influenced. A report now prevails
amongst them that the Pope has issued a Bull, absolving them from the
Oath of Allegiance to the English on their returning to that of France:
it is likewise said that the Congress have issued a Proclamation, declar-
ing pardon to all Americans who, having been induced to join the
King's Army, will acknowledge and support the Independence of the
States. Whether these reports are true or false, they have their effects.
Thus circumstanced, it is needless to express to your Excellency, how
very acceptable any Information upon a subject so nearly concerning
the King's Interests, and my own Happiness must be to me: and I rely
on your Excellency's goodness in communicating to me. with all the
dispatch that may be necessary, such Information as shall come to your
knowledge, should it appear to you that the Enemy's Intention is to In-
vade this Province.
To provide against accidents, I take the liberty to Inclose to your Ex-
cellency a Duplicate of my present Dispatch to Lord George Germaine
by Halifax, and request you will have the goodness to forward it by the
first safe opportunity.
I have the Honor to be, with great respect and regard, Sir, your Ex-
cellency's Most Obedient and Most Humble Servant,
Fredk. Haldimand.
Indorsed, " General Haldimand to Sir Henry Clinton, March 5th
1782." "N°-2. E."
Sir Henry Clinton to Gen. Haldimand.
New York, March 10th- 1782.
It was scarcely to be expected that the January Mail could contain
powers adequate to the accomplishment of the wishes of the people of
Haldimand Correspondence. 463
Vermont, because, as to some of them, the Executive will want the Leg-
islative Aid.
I am accordingly only desired to Continue the intercourse and Cor-
respondence with them, and to encourage them to expect that if they
adhere to his Majesty, their Interests will be properly attended to.
Aware of the necessity of observing the utmost secrecy in these Ne-
gociations, I resolved that what they may be anxious to know, should
pass through you, and by channels themselves may have directed as
most safe.
This compelled me to apprise you as speedily as possible overland of
the contents of my Dispatches as well as yours and that I might not
trust to one hand to break the seals of those to you, your original I shall
forward by the first Ship for Quebec.
If our Intelligence from the North Country is to be relied upon, the
usurpers of this Province are meditating force against the Vermonters,
but it is said, that, among others, General Schuyler, and Mr- Scott one of
their own Delegates [in Congress,] disapprove of the design.
You will find under this Cover a printed protest, by what is called the
State of New York, against the Congress,1 which may lead to conse-
quences that magnify this object, and render it more and more worthy
of our Attention.
Notwithstanding the Intelligence that has been sent you respecting
an intended attack on Canada, I think it more likely that the Enemy
will attempt one against this Post.
Thus far in Cypher.
I refer you to the Newspapers I send you by the Bearer for West
India News. It is supposed Sir G. R. sailed from England about the
16th- of January for the Leeward Islands.
Indorsed, " Sir Henry Clinton to General Haldimand, March 10th-
1782. O. [Original] sent by Davis,
D. [Duplicate] p Wynant Williams.
T. [Triplicate] p John McKiel,
Enclosing a Copy in Cypher of Lord George Germaine's Letter N° 34,
and Circular one to General Haldimand." UN°- 35."
Extract from Gov. Clinton's Message to the Assembly of New York.2
March 21 1782. I cannot forbear recommending to your particular
attention, the affidavits and other papers, which prove a treasonable and
dangerous intercourse and connexion between the leaders of the revolt
in the north-eastern part of the state, and the common enemy. In order
that you may form a competent judgment of the matter, such of the
original papers respecting it as are in my possession will be delivered to
you. Your own prudence will however suggest that these communica-
tions, as far as they relate to the names of the persons from whom the
intelligence is derived, ought not to be divulged. I have only to observe
that these proofs are corroborated by a variety of circumstances, which
equally tend to show, that these criminal transactions are not confined
to individuals, but have been conducted under the sanction of that
usurped government.
Papers transmitted by Gov. Clinton to the Assembly.
Here followed the first affidavit of John Edgar, which was not given in
the copy furnished, and the editor cannot supply it. William L. Stone
1 Protest of Nov. 15-19, 1781 ; for which see ante, pp. 364-367.
2 From " The Remembrancer (London) for the year 1782."
464 Appendix I.
gave the substance of both affidavits, and noticed no material difference,
except that Edgar stated that Vermont was to furnish to the king two
thousand men.1
David Abeel's Affidavit.
State of New York, ss. David Abeel of Kattskill, in the county of
Albany, yeoman, being duly sworn, deposeth and saith that some time
in the month of April last past, he was taken prisoner at his own house
by a party of Indians and tories, and carried to Niagara, and from thence
to Montreal.
That on his way to the latter place, at the Cedars, he saw one Johnson
[of] Fort Herkimer, who informed this deponent, that the people on the
New Hampshire Grants, headed by Col. Allen, would join the British
with 1500 men; that a Major Allen was then gone down to Quebec for
that purpose; that at Montreal it was the general report that the New
Hampshire Grants would join them; that this deponent saw at the Isle
F Noix, a Major Fay, on board a vessel called the Koyal George, and
who this deponent understood was an inhabitant on the Grants; "that on
board the said vessel was one Dr. Smith, Capt. Sherwood, and another
person, whose name the deponent does not recollect, who were appointed
commissioners to treat with the said Major Fay; that the said Fay
brought with him upwards of thirty Hessians, deserted from Burgoyne's
army, for exchange, as this deponent was informed, and which he deliv-
ered to the British, and further this deponent saith not.
David Abeel.
Sworn the 20th day of December, 1781, before
Richard Morris,
Robert Yates.
Extracts of a Letter from , dated January 5, 1782.
A gentleman of intelligence, who left New York on the 23d ult., and
in whom I can place full confidence, gave me the following particulars,
which I conceived your excellency entitled to; I therefore do myself the
honor to transmit them:
That some time since, commissioners had met with persons appointed
by Gen. Haldimand, and offered to become subjects to the crown and
government of Great Britain, upon the following terms, viz:
First, that the territory as claimed by the Vermonters, be constituted
a separate government.
Secondly, that the same form of government be granted unto them,
as was formerly enjoyed by Connecticut, excepting that the governor of
the province should, from time to time, be nominated and appointed by
the crown.
Thirdly, that they be allowed to remain neuter during the present
contest, unless the war is carried within their own territory.
Fourthly, that they would raise two battalions properly officered, for
their internal defense. These troops to be in British pay, &c, but not
to be called into service, unless in defense of the province.
That they be allowed a free trade to Canada and be protected therein.
These are all the particulars that could be obtained respecting the
terms held out by said commissioners. The papers were delivered to
Gen. Haldimand, who, considering the matter of too important a nature
for him to decide upon, transmitted them to Sir Henry Clinton, as one
of the King of Great Britain's commissioners for restoring, tfcc, by whom
xLife of Brant, Vol. n, p. 197.
Haldimand Correspondence. 465
they were laid before Justice William Smith, who gave his opinion, that
the powers vested in the king's commissioners did not authorize them to
determine a matter of so much consequence, and of so singular a nature;
that nothing short of an act of parliament would be sufficient for the
purpose; the papers relative to this matter should be laid before the
king in council, that the necessary steps may be taken ; which was ac-
cordingly then done, and the result is expected.
I am also informed that Mr. of the city of New York, who
claims land in Vermont, has it in contemplation to go thither by the way
of Connecticut. What commission he may possibly be charged with, is
not in my power to determine. This however is certain, that the enemy
form great expectations from the apparent temper of Vermont.
The aforegoing are true copies of two affidavits, and an extract of a
letter, delivered to the legislature of the state of New York, with his
excellency the Governor's message, at their present meeting, except as
to the names of certain persons and places mentioned in the originals,
which it would be improper to divulge, and are therefore omitted in the
copies. Examined by Robert Benson, Sec.
Pokeepsie, Feb. 2, 1782.
From the British Commissioners to Vermont Commissioners.
Copy of a Letter from A. B. to E. Dated April [22,1] 1782.
Gentlemen. — In Confidence we take this opportunity to Acquaint you,
by the Authority of his Excellency General Haldimand, that he is still
inclined to treat amicably with the people of Vermont, and that his gen-
erous and humane inclinations are now seconded by much stronger
powers from His Majesty than he has hitherto enjoyed for that purpose.
His Excellency still retains that generous confidence in your repeated
professions of sincerity, as well as your solemn promises to endeavour
to unite Vermont to Great Britain, which, (abstracted from all party and
political views,) is due to the sincerity of Men of honor. Upon this
principle we do in confidence officially assure you that every Article
proposed to you in his Excellency's former Oilers will, as that which was
contended for by Vermont, viz1- the Confirmation of the East and West
Unions in their utmost limits, be amply complied with. This Informa-
tion is more intended for the ears and advantage of the leading people
of Vermont who have manifested a desire for a re-union, than for pub-
lic knowledge, and it is expected you will make it subservient to that
purpose, and the success of that object only, if still wished by you. But
should the Lord Cornwallis's misfortune, or any other circumstance, or
view, have inclined you to alter your opinions and inclinations, we re-
quest and conjure you, by that candour and honor which you have so
repeatedly declared to be the ruling motives of your whole conduct
throughout the negotiation, to signify the change by the return of the
Messenger, as the continuance of a negotiation attended with so much
trouble, and from which nothing is to result, cannot be expected. It
will however in the [any] event afford his Excellency infinite satisfac-
tion to reflect that every effort which humanity, moderation and gene-
r jsity could dictate has been employed on his part to rescue from the
general calamity so principal a District of His Majesty's Colonies.
His Excellency expects (if you remain in the opinion you held last Au-
tumn) to hear from you in the fullest manner every transaction that has
1 The date of this letter is stated in Williams, Vol. n, p. 210, where an
isg
31
466 Appendix I.
passqd in Congress and the Vermont Assemblies relative to this Affair,
the determination of these meetings, and your sentiments on the ulti-
mate resolution of your people respecting the wished for re-union. He
likewise expects, that if you declare an Intention to pursue such meas-
ures as justify a continuance of negotiation, that you will meet A. at
any convenient place you will appoint in the vicinity of Crown Point as
soon as possible, a personal Interview being in his Excellency's opinion
the most effectual and safe method of negotiating.
We made an attempt last February to hear from you by the Bearer,
but failed: we hope this will be attended with better success, and that
your Answer may be such as to unburthen our anxious minds knowing
as you do how much our characters and reputation depend on your
closely adhering to the promises and encouragement you have been
pleased to give us. As we have at your desire represented to his Excel-
lency your candour and honor in so sanguine a manner as to induce him
to entertain the highest opinion of your veracity and upright intentions,
consequently, should he have reason to alter his sentiments, he must in
some measure consider his Confidence in us to have been ill placed.
We are assured your Sentiments of honor are too delicate to admit of
this when in your power to prevent it, and that from your knowledge of
business you will readily conceive how painful such Apprehensions must
be to an honest Soldier, honored with the confidence of his General in a
matter of so great importance. We therefore still Hatter ourselves that
you will not suffer anything to be wanting on your side to bring it to a just
and happy conclusion, or if that cannot be done, to give us such well-
founded and permanent reasons as may enable us to satisfy his Excel-
lency not only of our veracity, but of yours likewise.
We are, &c.
April 23, 1782. The London Courant of this date gave, almost word
for word, the letter communicated to the Assembly of New York by
Gov. Clinton, with his message, March 21.1 It was republished in a
hand-bill, [probably at Albany,] and a certified copy was made by
James Bkeakenridge of Bennington.2 It was a very correct state-
ment of propositions entertained by the commissioners in the secret ne-
gotiation. How the secret was revealed, unless by one of the commis-
sioners, and how it came to be revealed to both the Governor of New
York and the British officers at New York at the same time, are ques-
tions more interesting to the curious than important. Gen. Haldi-
mand complained of treachery in the letter following.
Gen. Ilaldimand to Sir Henry Clinton.
Duplicate. [April 28, 1782.]
Your Excellency's Dispatches of the 22nd- February 3 with an extract
of Lord George Germain's, I received the G:h- Inst, and that of the 10tk
March and Triplicate the 15th- together with Copies of Lord George's to
me by the January packet. The Latitude for negotiating with Vermont
1 See ante, pp. 463-464.
2 Ethan Allen Papers, p. 377.
3 This letter informed Gen. Haldimand that Washington intended an
attack upon New York city, Sir Henry Clinton's head-quarters, and an
invasion of Canada.— See Vt. Eist. Soc. Collections, Vol. n, p. 345.
Haldimand Correspondence. 467
is so differently expressed in his Lordship's Letter to me of the 26th-
of July and his subsequent Dispatch to your Excellency, communicated
in your Letter, that it is difficult to act with any prospect of success, on
one hand, without hazarding blame on the other, more particularly as
his Lordship has not touched upon that material part of the subject in
his Letter to me, as I am totally uninformed of the plan of operation for
the ensuing Campaign. To continue any Intercourse, &c. with the Yer-
monters, encouraging them to expect that their Interest will be attended
to, proving a too general and ineffectual a doctrine before Lord Corn-
wallis's misfortune, now it would be matter of ridicule, which is sulli-
ciently manifested by their Concessions to the Congress, etc. relinquish-
ing their late assumed Jurisdiction, on which our hopes were founded,
notwithstanding the encouragement I gave of its being confirmed. To
attempt to treat with them upon conditions short of that would be ad-
ding to our lost time, nor will they ever be accepted if not attended with
an apparent prospect of our Affairs on this Continent taking a prosper-
ous turn. The Crisis is arrived when coercion alone must design [de-
cide] the part Vermont will take, and that measure should be deter-
mined upon from the minute the Troops directed by Lord George to
appear upon the Frontiers shall take post, and must be carried into exe-
cution, as far as possible, after giving them sufficient notice, by laying
waste their Country if they do not accept the Terms offered, otherwise
the Troops will only serve to confirm them in the prevailing and too
just idea that we want abilities to force them to compliance and will en-
hance their merit and influence with Congress. As I dare not hazard a
Dispatch for Lord George by the return Messenger, I beg leave through
the Channel of this Letter to acknowledge the receipt of his Lordship's
Dispatch forwarded to me by your Excellency, and request you will have
the goodness to send a Copy of it deciphered. The minute I can form
any certain judgment that this provision [expedition] is not to be at-
tempted by the River and agreeably to Lafayette's proposal communica-
ted in your Letter, I shall not fail appearing with as great a Force as my
strength and circumstances will admit of upon the Frontiers for the
purpose expressed in his Lordship's Letter for which I have already
made preparations but the impossibility of penetrating far into the Coun-
try with so inconsiderable a Force as that will be too evident to require
enlarging upon, and our expectations of success should be proportioned
to immediate [danger of] misfortune. 3000 [men] were assembled and
3000 more in readiness to cut oft' Colonel St. Leger'8 Retreat last year
had he ventured any longer in the Country, in which case they would
have infallibly have succeeded. Authorities insist that it] is not the
number of Troops Mr Washington can spare from his army [that is] to
be apprehended; it is the multitude of Militia men in Arms ready to
turn out at a quarter of an hour's notice upon the Spie of a single Regi-
ment of Continental Troops, that would oppose this Attempt, the facili-
tating [facility] of which has been fatally experienced. J This movement
[I] cannot effect before the middle of June, not only from the uncertainty
of what may happen here, but from the want of Flour, having lived seven
weeks past upon that destined for the Upper Country which must be re-
placed from a purchase of wheat I have made to provide against the usual
delays of the provision Fleet; and that wheat cannot be ground before.
In consequence of the Information contained in your Excellency's Let-
1 The translator of the cypher fatally failed of giving the sense of the
preceding sentences, and the editor has ventured to guess it from the
fragments of the original retained in the translation.
468 Appendix L
ter of the 22d- of February concerning the attempt intended by Clarke*
against Detroit, I have sent Orders eventually to reinforce that place
with two Companies of Butler's Rangers, which is all I can at present
do for it, and these must be drawn from Oswego, where I hope a Post is
by this time taken; preparations have been made for that purpose in the
coarse of the winter at Carleton Island, from whence a Detachment was
to proceed the moment Lake Ontario became navigable. I have more to
hope from the Secrecy with which this has been conducted, and the ac-
tivity of Major Ross, who Commanded, than from the strength of his
Detachment, which is inadequate to this necessary undertaking, but pro-
portioned to my force and circumstances. I with much concern refer
your Excellency to a rebel Newspaper printed at Fishkill, where the
substance of all that has passed in my negotiation with Vermont and is
communicated to you, is related. This proves that our Confidence has
been somewhere betrayed, and God knows what bad effect it may have
in that affair, particularly if Allen and Fay have been sincere. About 2
Months ago I sent a message to Allen to learn what had passed in Con-
gress relative to Vermont Affairs: the messenger was taken on his way
out but fortunately destroyed his Dispatch:2 this has prevented my form-
ing so good a judgment as I might have done of their late Transactions,
but I have with great difficulty procured two Men who are now on that
Business. These obstacles oblige me to request that your Excellency
will not as you have mentioned in your Letter [be] confined or entirely
dependent to a channel through me [as to] the Interest pursued of re-
claiming Vermont: that I shall make every effort in my power may be
relied on, but I am so circumstanced as to require every Aid that can be
given. The 20th of May I shall send a Field Officer of the Provincials
by appointment of a Colonel Beadle to confer with him at Havrel in
Connecticut.3 He has promised to propose to me some matters of Im-
portance. The Character I have of him from many Loyalists who know
him is not flattering to my hopes, but as something may be discovered
by the Interview explanatory of Vermont affairs, I have embraced the
offer. I send you two fast Messengers with this, and shall detain the
last a few days in hope of Communicating some news to your Excel-
lency from Europe. The ice having broken up much earlier than usual,
arrivals are looked for in a few days.
Montreal, 28 April.
The Duplicate of the Letter of the 22nd- February, and General Rob-
inson's, [Robertson's,] is now received.
The Men have received 10 Guineas each.
Indorsed, " Duplicate of General Haldimand to Sir Henry Clinton.
Montreal, 28th- April. Received 22d- June, 1782. No. 3."
British Commissioners to Vermont Commissioners.*
April 30 1782. His Excellency has never lost sight of his first object;
and I am happy to be able in this to inform you, that the General has
lately received, by way of Halifax, full powers from the King to estab-
lish V*****t Government, including the full extent of the East and
West Unions, with every privilege and immunity formerly proffered to
1 See Vt. Hist. Soc. Collections. Vol. n, p. 345.
2 This dispatch — probably a duplicate — was received by Allen, dated
Feb 28 1782. See ante, p. 461.
3 Haverhill, New Hampshire. Probably Col. Timothy Bedel.
* Williams's History, Vol. n, p. 211; Vt. Hist. Soc. Coll., Vol. i, p. 465.
Haldimand Correspondence. 469
you; and he is likewise fully authorized, as well as sincerely inclined, to
provide amply for *****, and to make ***** Brigadier General in the
line, ********** Field Officers, with such other rewards as your sincer-
ity, and good services in bringing about the Revolution may in future
merit. In short, the General is vested with full powers to make such
rewards as he shall judge proper to all those who distinguish themselves
in promoting the happy Union: and as his Excellency has the greatest
confidence in you, and *****, much will depend on your recommend-
ations.
Gen. Haldimand to Sir Henry Clinton. — [Extract.]
Montreal, 27th- [29th-] May, 1782. l
Your Excellency will now receive a Duplicate of my Letter of the
28th of April. I send this Messenger to learn certain Intelligence in
the Affairs of the rebel Country, and, as he finds it, he will proceed to
you with it or forward it, and return immediately. The difficulties of
Collecting wheat at' different places, and conveying it to different Mills,
has been so encreased by Eastwardly Winds that I shall not be able to
appear upon the Frontiers as early as is mentioned in my last to you,
but I do not look upon this as unfortunate, having since received Let-
ters from our friends in Vermont that gave me greater reason than I
have yet had to believe them sincere in their desiring to effect a Revo-
lution, but they say they are too powerfully opposed to make a rapid
progress. They however gain influence, and expect in the course of
time, to accomplish it, provided we are successful in other quarters.
They refer me in proof of their fidelity, and for particular information,
,to a person of consequence well known to me last war, who they pur-
pose sending to me in three weeks, as they wish from the late discoveries,
to avoid writing as much as possible. The Officer I sent to Colonel
Beadle [Bedel] is returned without having seen him, although two days
within a league of him. He sent him word that the Country was so
watched that he could not risk an Interview, but promised every assist-
ance in his power at all times: his fulfilling them no doubt depends
upon the general success of the War to which they all naturally look,
and wait to determine.
A private Ship from London brings accounts of the total change of
the Ministry: this may produce some in the system of the War. I have
not received any Letters, but naturally look for these daily: I shall nev-
thelcss proceed, with all possible despatch, to carry into execution the
Instructions I have received from Lord George Germain to make the
recovery of Vermont to the King's Obedience the primary object of my
attention. I kept the last Messenger for the arrival of Instructions from
England and the person from Vermont. Two of my most active Mes-
sengers for Intelligence were hanged lately at Albany.* F. H.
Indorsed, " General Haldimand to Sir Henry Clinton, 29th- May 1782.
Received June 22nd- O. and D."
1 See indorsement at the close of the letter.
2 One of these was Joseph Bettys of Ballston, K. Y., who performed
extraordinary feats of valor as a Whig under Arnold in the battle with
Carleton on Lake Champlain. Bettys was taken prisoner at that time
and carried to Canada, where he was induced to take the British side.
From that time he was an inveterate Tory and a very efficient messenger
and spy — " a shrewd, intelligent, daring and bad man." He was detected
470 Appendix I,
Copy of a Letter from C. ' to His Excellency General Haldimand, the
morning of the lGth- of June, 1782.
Sir, — I have to acquaint your Excellency that I had a long conference
with .... last night. He tells me that through the channel of A.
[Sherwood] he had to request me in your name to repair to the Shipping
on Lake Champlain to hold a personal Conference with 'His [your]
Excellency. But as the Bearer is now going to get out of my House to
His Excellency, and would have set out yesterday had not the Intelli-
gence of the arrival of . . . postponed it until to-day, I thought it
expedient to wait your Excellency reconsidering the matter after dis-
cussing the peculiar situation of both the external and internal policy
of this State with the Gentleman who will deliver this to you and shall
have, by the time your Excellency has been acquainted with the State
of facts now existing, time to bring about a further and more extended
connexion in favor of the British interest which is now working at the
General Assembly at Windsor near the Connecticut Kiver.
The last refusal of Congress to admit this State into Union has done
more to awaken the Common people to a sense of that Interest and
resentment of their Conduct than all which they had done before. By
their own account they declare that Vermont does not and shall not
belong to their Confederacy: the consequence is that they may fight
their own battles. It is Liberty which they say they are after, but [they]
will not extend it to Vermont; therefore Vermont does not belong
either to the Confederacy or the Controversy but are a neutral Republic.
All the Frontier towns are firm with these Gentlemen in the present
Administration of Government, and, to speak within bounds, they have
a clear Majority of the rank and file in their favour. I am, &c.
N. B. — If it should be your Excellency's pleasure after having con-
versed with the Gentleman who will deliver these lines that I should
wait on your Excellency at any part of Lake Champlain, I will do it,
except I should find that it would hazard my life too much. There is a
Majority in Congress, and a number of the principal Officers of the
Continental Army continually planning against me. I shall do every
thing iu my power to render this State a British Province.2
Gen. Haldimand to Sir Guy Garleton.
No. 1. Quebec, 22»d June [1782.]
I was last night honored with your Letter of the 21st May, communi-
cating his Majesty's Appointment of you to the Chief Command of the
Southern Department, on which occasion I beg leave to congratulate
your Excellency, and to offer my sincere wishes for your prosperity and
Success. Your Excellency's Letter of the 5th- of April from England
with a dispatch from Gen. Haldimand to Sir Henry Clinton in the spring
of 1782, and hung at Albany, N. Y., as a traitor and spy. See Sabine's
Loyalists of the American Revolution; also Vt. Hist. Soc. Collections, Vol.
Ti, p. 262.
1 Ethan Allen, Ira being then at Windsor. It will be seen that, in
the following month, Ira Allen, at Quebec, addressed General Haldi-
mand, and his letter was filed UG."
2 Ethan Allen had been suspected by Gen. Washington, and of course
by other leading men, and had been watched by Gen. Schuyler through
agents selected by him.
Haldimand Correspondence. 471
has not appeared, and I much tear it has shared the fate of others in the
Bellona, which after a fortunate passage to the South Traverse there
struck upon a rock and went down so soon as to leave the Crew only
time to escape with their lives. My Letters of the 28th- April, 27th- May,
and 4th- June to Sir Henry Clinton will inform you of the ignorance in
which I was, and remained until last night, of the Intentions of the
present Ministry with regard to the War and this Country, and your
Letter has relieved me from a very embarrassing situation, the unavoid-
able delay mentioned in the Letter here referred to having luckily pre-
vented the intended movement: The necessary preparations are in great
forwardness, and I by degrees move the Troops intended for it to the
Isle aux Noix to carry on some necessary works which I made a pretext
for forwarding the provisions and Stores; should the laudable disposi-
tions and endeavours for peace now existing prove ineffectual and offen-
sive measures be unhappily renewed, those Troops will be ready for any
excursions that may be found necessary on the frontiers.1 The Confi-
dential person mentioned in my Letter of the 27th- of May to be expected
from Vermont is not arrived, and being informed that he is in bad
health, I have directed my Agent for that Business to send a Message to
Allen pressing him to a private interview with him. It is very probable
that the respect and general accommodation will induce that people to
close with Government, knowing how little they have to expect from
Congress and their neighbour provinces if left to their mercy. The 21st
May I received Letters notifying Mr Ellis's Appointment, and some
from Lord George Germain of no moment. These are all that have yet
reached me, and I anxiously await the arrival of my Dispatch. I send
this by the route which brought yours, and shall send you a Duplicate
of it by a small Vessel that will sail for N. York to-morrow. Persuaded
it is unnecessary to offer any arguments to induce you to Communicate
to me whatever you shall think necessary for the King's Service, I con-
clude by assuring you of the pleasure a frequent intercourse will always
afford me, having the honor to be, with great regard, &c, &c, <fcc,
"Fred: Haldimand.
Major General Riedesel has just informed me that the Officers &c- of
the Brunswick Troops of the Convention are exchanged since last No-
vember. I wish they had been sent by Conveyance of the Pandora as
they are much wanted particularly the public Officers. Your Excellency
will oblige me much by taking an early opportunity of sending them.
Two Mills only remain and [on] the Mohawk river, which entirely
support the Rebel Troops in that quarter. The safety of the new posts
at Oswego made it necessary to send two parties to endeavour to destroy
them. These under two Scouts to intercept the Rebels and Indian
Scouts towards Albany and John's Township are all that are employed
from this quarter. They have orders not to Commit any hostilities in the
district of Vermont. I hope no bad effect will result from these meas-
1 The instructions of the British Secretary of War to Sir Guy Carle-
ton, as commander-in-chief of the British forces in America, were dated
April 4 1782. He was instructed to withdraw all the British troops from
New York, Charleston, and Savannah, to Halifax; and thus, by disarm-
ing, attempt " to captivate the hearts and remove every suspicion of in-
sincerity " from the United States. The French Minister treated it as
an attempt to procure a separate peace with America, thus severing her
from France, and leaving England to turn all her energies against
France. — Life and Writings of Washington, Vol. viii, p. 296, note.
472 Appendix I.
ures which the necessity of the service and the want of Information
have occasioned.
Indorsed, " General Haldimand to Sir Gny Carleton, 22nd- June, 1782,
received July 26th- 1782. N°- 7."
Gen. Haldimand to Sir Guy Carlton.
Duplicate. N0: 2. Quebec, 23rd June 1782.
Sir, — The Enclosed is a Duplicate of a Letter in Cypher which 1 yes-
terday had the honor to despatch for your Excellency overland. The
Cypher is very tedious, but the frequent and fatal accidents which have
befallen Messengers in the neighbourhood of Albany oblige me to take
every precaution, and although your Excellency receiving this is a mat-
ter of great uncertainty, I am quite at ease with respect to its falling into
the Enemy's hands, as it will be in the possession of an approved Loy-
alist who will not fail to send it if necessary.
Least the subject of an exchange of prisoners should happen to be
agitated upon a general scale, I think it right to acquaint your Excel-
lency that I have rigidly adhered through many applications to the sys-
tem you adopted of not entering into an exchange until the engagements
at the Cedars and others should be faithfully accomplished by the En-
emy. I took occasion to exclude the people of Vermont from this reso-
lution, hoping it might have a good effect, and have mutually exchanged
many of their people for a fewer number of ours, and to gratify their
sanguine request in favor of a young man of that District, but an Officer
in the Continental Troops, I permitted him to return with some of their
prisoners.
I could have wished that arrivals from England had put it in my
power to make this Dispatch more interesting to your Excellency: there
is no occurrence here that can, but I expect much from an easterly wind
which has blown strong for about 24 hours, and looks as if it would
continue. In consequence of your Excellency's Letter, I have written
to the several posts in my Command to confine themselves entirely to
defensive measures, and hope these orders will arrive time enough to
have effect. I have the Honor to be, with great Esteem and regard, Sir,
your Excellency's Most Obedient and Most Humble Servant,
Frkdk- Haldimand.
Early in July 1782, Ira Allen was again sent to Canada, with a
Letter from Gov. Chittenden to Gen. Haldimand, requesting the release
of two officers belonging to Vermont, who were then prisoners in
Canada — a request which was granted-1 This fact indicates that Ira
Allen was the author of the following letter:
Copy of a Letter from Mr- G. to His Excellency Gen. Haldimand.
Quebec, July 11th- 1782.
Sir, — I beg leave to submit to your Excellency's Consideration the
following observations founded on facts, vizt: It is reported and generally
believed in the Colonies that governor Philip Skene had a Charter for a
Governt: and Comprehending" Vermonters with the Tract of Country
called the Western Union between the West line of Vermont and Hud-
son's river, which Charter, if it could be procured, would much facilitate
the present Negotiation, as it would enable near 3000 Families, Inhabi-
tants in the Western Union to join Vermont under the sanction of an
1 Williams's History, Vol. n, p. 211.
Haldimand Correspondence. 473
Act made in Congress Confirming all Charters and Government Lines
as established by order of His Brittannic Majesty before the Declaration
of Independence. This Body of people will be of greater use in bring-
ing about the wished for revolution, as they are mostly in favor of Gov-
ernment, and if they should unite themselves to Vermont without the
Cloak of the aforesaid Charter, or before your Excellency could protect
them, they would fall a prey to the resentment of New York, assisted by
the Authority of Congress. The Government [Governor] and Council
however are so fully convinced of the evil and ambitious designs of
Congress, and consequently of the necessity of re-uniting with Great
Britain as speedily as possible, that they are determined at all events no
obstacles shall prevent their endeavors to accomplish it. I would there-
fore in behalf of my Employers' propose, whether it be advisable for
his Excellency to write to Governor Skene for this Charter so much
wanted.1 In the Interim every possible exertion will be made to re-
establish such private Union between Vermont and the West Claims,
on such a footing that whenever it is found expedient and prudent, they
will be able to raise a Considerable Force to act in Conjunction with the
Troops your Excellency shall send to protect them, and that nothing
may be left undone which can promote the present negocial ion, we will,
if your Excellency thinks proper, immediately send a number of private
Agents into the New York and New England Provinces to engage and
send to settle in Vermont as many Loyal Subjects as possible: and
likewise prepossess the principal Men of the New England Provinces
in favor of Vermont by selling them Tracts of land on its frontiers; and
further, if your Excellency thinks it advisable, we will endeavour lo
raise a regiment or two of able bodied Men from the other Provinces
and station them in Vermont under pretence of protecting the Fron-
tiers. In raising these Men great care would be taken to enlist the most
loyal, or at least moderate Men, and none should be Officers but such as
have been known and tried friends to Government: these to be Com-
missioned in the name of the Governor of Vermont by your Excel-
lency's Orders, and the advice of such Commissioners as your Excel-
lency shall appoint for that purpose; such regiment to be supported by
the King, and to be always ready to act in or out of Vermont as your
Excellency shall order.
Thus far I have- not deviated from the principles of my Employers,
the ruling men of Vermont. But my fear least something yet interferes
to prevent our re-union with Great Britain induces me to propose to
your Excellency an immediate recognition of Vermont under Govern-
ment by a secret Treaty with them to be signed and ratified by Gover-
nor Chittenden, General Allen, and the Council, declaring Vermont a
British Province, and engaging to use every prudent measure to pro-
mote His Majesty's Government until your Excellency can protect them
in a public Declaration. Although 1 am not authorized to make the
proposition, yet I am persuaded one of the same purport from your
Excellency would be acceptable to the Governor and Legislative author-
ity of Vermont.
JA suggestion evidently intended to gain time, which Haldimand was
as anxious for as was Allen. See Haldimand's letter to Carleton, No. 3,
post, p. 475. Allen and others undoubtedly hoped that such a charter
had been made out for Skene, for they suggested it. Perhaps they
"believed" it, also; but they must also have believed that it was held in
abeyance, by either Skene or the British government.
474 Appendix I.
I am sent by Governor Chittenden, General Allen, and their privy
Council to negotiate a re-union, and privately authorized to engage in
behalf of Vermont that the authority and most of the populace in that
state are desirous to become a British State on the Conditions proffered
hy your Excellency. They have likewise promised to abide by any
engagement I shall enter into for them, provided the same be kept a
profound secret until the British Government can protect and assist
them, and provided they shall not be obliged to go out of Vermont to
make War with the other States. They will receive the King's Troops
and Garrisons, and will join them to oppose any Troops or Forces that
shall invade Vermont to prevent Her re-union with Britain. They
have likewise promised never to take Arms again in opposition to
British Government, nor to assist Congress on any pretence whatever.
I left the Assembly convening for the purpose of procuring a Vote in
favor of Government's Neutrality until the former could be obtained
and supported. They engaged to send a. confidential person, as soon as
possible, to the Loyal Blockhouse, with a full account of their proceed-
ings in the Assembly.
I think Vermont contains about 8000 Men of all denominations,
including the West Union, and that out of these 2000 may be raised for
a Standing Militia. These, with the Assistance of 4000 British Troops
would probably be able to defend the frontier as far as the new City l in
the summer season; but I don't think they could keep their Ground in
winter further South than Tieconderoga, except they were strongly
Garrisoned at the Half Moon Ferry, where I suppose 6000 men might,
with assistance of the Inhabitants, keep a good Fort well supplied, and,
if the Vermonters had Money, they could nearly supply such a Garrison
with provisions till it could have relief from Tieconderoga, where I
think it will always be necessary to keep a British Garrison The
Vermonters would not assist in keeping a Standing Garrison at Albany:
because, it is not of their State; nor do I think it would be good policy
to take Albany till the re-union can be publicly acknowledged and
supported. If the other Colonies should Invade Canada, Vermont will
oppose their March through that State as far as possible, but they could
not with safety take Arms to stop their progress until supported by the
King's Troops, and the re-union with Britain completed: nor could they,
consistently with the laws of self-preservation come to the defence of
Canada, and leave their own property, friends and families defenceless,
and exposed to ruin.
Before I conclude, I would beg to intimate to your Excellency that as
soon as good policy will admit, there will be an absolute necessity for
some of the King's Money in Vermont to enable us to carry into execu-
tion the foregoing plans, or such of them as may meet with your Excel-
lency's approbation, especially should your Excellency expect to procure
provision from us to support an Expedition. We must not only have a
small supply of Money, but must have notice in time to purchase droves
of Cattle from the other States, which, while it helps us, will, in propor-
tion, distress them. I have the Honor to be, &c. &c.
(Signed)
The foregoing letter is followed by the word "Enclosure," preced-
ing a blank space. Possibly Ethan Allen's letter to Haldimand of June
10 was enclosed, as both Ira's and Ethan's were referred to by Haldi-
mand on the 28th of July.
1 Lansingburgh, N. Y.
Haldimand Correspondence. 475
James Madison to Edmund Randolph?
July 1(3, 1782. Messrs. Montgomery and Root returned yesterday
from their eastern deputation. * * * Mr. M. adds that the current opin-
ion is, that a vessel arrived at Quebec brings a royal charter for Ver-
mont; that the people there are in much confusion, and many of them
disposed to re-unite with New Hampshire. A letter from [to] Mr. Liv-
ingston, from Mr. Livermore, [of N. II.] corroborates this good news.
It imports that a very important turn had taken place in the temper of
the people, between the [Connecticut] river and the ridge, [of the Green
mountains,] and they were petitioning New Hampshire to be restored
to that state, and that measures would be taken in concert with New
York for that purpose.
Gen. Haldimand to Sir Guy (Jarleton. — [Extract.]2
N°- 3. Quebec, 28th- July 1782.
* * * I have Intelligence from Albany that Mr Washington has very
lately revisited that place and the adjacent posts, and has given Orders
to fortify Schenectady and Saratoga, and to blockade Albany. The ob-
ject of this Visit I have not yet learned; probably it is from a jealousy
of Vermont, having heard perhaps that all preparations were making in
the province for some movement, for so beset are we with domestics and
Spies from the Rebels, that every public occurrence is immediately con-
veyed to them: This brings me to the object of my Letter.
The person said in my last to be expected from Veilnont is arrived,
and has brought the strongest assurances from Most of the Leading
Men of their wishes to re-unite with the Mother Country: these have
gained over to their views one half of the populace, and are doing all in
their power to influence the remaining part. I have had many Conver-
sations with their Agent, the substance of which is contained in his offi-
cial Letter to me. A copy of it & of E. A.1s Letter I inclose for your
Excellency's perusal, that you may see the real situation in which my
Negotiation with the people now stands, and make such use of it as you
shall judge fit in your general transactions. I have brought it to a very
embarrassing Crisis with regard to myself, having urged the people to a
Declaration in favor of Government by a long series of persuasion and
the strongest assurances of support and rewards, very recently renewed
in a Letter from my Agents, (of which a copy is enclosed,)" in conse-
quence of one I received last April from Lord Sackville, desiring that I
would appear with a Body of men upon the frontiers, and sparing no
expense make the recovery of Vermont to the King's obedience the pri-
mary object of my attention.
Uninformed as I am of the intention of Administration (except in
general terms that they are Specific, [pacific,]) I can no longer act with
Vermont upon any certain grounds until I receive Instructions for that
purpose, for which I have written to Lord Shelburne, whose Answer
from the lateness of the Season I can only expect through your Excel-
lency; in the meantime I shall amuse the Messenger, who is very press-
ing for answer to his proposals, in the best way I can and be very care-
ful not to embark in any measure which may tend eventually to embar-
rass his Majesty's Commissioners in the management of the important
affairs with which they are entrusted:8 on the one hand, I shall not de-
1 Madison Tapers, Vol. I, p. 151.
2 The parts of this letter which are omitted do not relate to Vermont.
3 Haldimand and the Aliens were amusing each other at this point of
the negotiation.
476 Appendix I.
ceive these people into measures which it may cease to be my duty to
support, nor, on the other, will I, for their sakes, throw any difficulties
in the. way of reconciliation or peace with the revolted Colonies in gen-
eral. I will nevertheless, as far as it will not interfere with the meas-
ures which may at present be agitating at New York, neglect nothing in
my power to retain the people of Vermont in the same favorable dispo-
sition in which they are at present, convinced that the very best conse-
quences must result to the safety of this province from an union with
that people in case it should become the seat of War, an event which,
from concurring circumstances, I think is not improbable. I shall there-
fore be extremely averse, from everything which might diminish their
confidence in me, or destroy their hopes from the royal Clemency and
protection, provided affairs should not take a favorable turn between the
King's Commissioners and the Congress.
I should have done myself this pleasure some days ago, but wishing
to be still more explicit, I have waited in expectation of another Messenger
from Vermont, who is to bring the proceedings of the Governor's Coun-
cil (composed of friends to Government, two excepted,) convened when
the last came away, but impatient to communicate to you the Affair thus
far and be honored with your Excellency's sentiments thereon, I send a
most careful and intelligent man with an Officer returning to Halifax.
He will from thence forward by a first vessel to New York. * * *
1 have the Honor to be, Sir, your Most Obedient and Most Humble
Servant, m FredK: Haldimand.
His Excellency Sir Guy Carleton.
Indorsed, a General Haldimand to Sir Guy Carleton, 28th July 1782.
N°- 9." l
Gen. Haldimand to Gov. Chittenden?
August 8, 1782.
You may rest assured that I shall give such orders, as will effectually
prevent hostilities of any kind being exercised in the district of Ver-
mont, until such times as a breach on your part, or some general event,
may make the contrary my duty. And you have my authority to pro-
mulgate, in such manner as you shall think fit, this my intention, to the
people of the said dis'rict, that they may, without any apprehension,
continue to encourage and promote the settlement and cultivation of
that new country, to the interest and happiness of themselves and their
posterity.3
Gen. Haldimand to Sir Guy Carleton. — [Extract.]
Duplicate. Quebec, 28th- Augst 1782.
Sir, — The return of my Messenger on the 18th- Instant with your Ex-
cellency's Dispatches of the 22nd- of July relieved me from much anxi-
ety, having concluded from his long absence that he had fallen into the
Enemy's hands.
1 No. 3, as at the head of the letter.
2 Williams's History, Vol. n, p. 212; Vt. Hist. Soc. Coll., Vol. i, p. 466.
3 To those who were not then apprised of the policy of England, such
assurances as these would appear to be very gracious; but in fact Sir
Guy Carleton had instructions to address America in the same terms,
and Gen. Haldimand simply conformed to that policy in dealing with
Vermont; and moreover it was a part of his own policy in respect to
Vermont.— See Life and Writings of Washington, Vol. viii, p.
Haldimand Correspondence. 477
My Letters of the 28th- Ultimo will fully communicate to your Excel-
lency my Situation with the people of Vermont and the anxious sus-
pense 1 must remain in until I can obtain Instructions from home, or
intelligence from you to direct my Conduct with them. I sanguinely
expected that pleasure by the last Messenger, and am concerned to find
that nothing of moment had occurred before his departure, and to per-
ceive by your Excellency's Letter, and the Messenger's observations in
his way through that Country, that the Enemy seem rather disposed to
continue the War than to listen to terms of accommodation. lie says
that since Mr- Washington's late Tour the friends of Government from
Albany to Fishkill have been forced to take the Oath of allegiance to
the States or to abandon their Settlements in so much that six Houses
where he formerly was received were vacated or shut against him; that
the populace seemed more awed than ever by Washington and that he
has issued an Order to put all persons to death upon the Spot who refuse
taking Arms instantly when called upon. This makes the Communica-
tion between us more uncertain and difficult, and has induced me to send
this Letter by His Majesty's Ship Pandora, to Spanish River, (where she
goes to bring up some Coal Ships), from thence the Messenger will pro-
ceed to Halifax, and so to you. * * *
I have the Honor to be with great Esteem and respect, sir, your Most
Obedient and Most Humble Serv4-
Indorsed, " Duplicate — General Haldimand to Sir Guy Carleton, 28th-
August, 1782. N°- 13."
General Haldimand to Sir Guy Carleton.
[N°- 5.] Duplicate. Quebec, September 8th- 1782.
Sir , — Since my Letter of the 28th- of July upon the Affairs of Vermont,
a Gentleman of influence and Loyalty has arrived from thence and has
delivered the sentiments of the most respectable Men and major part of
the people in the following sense: That, sensible of the Indulgence I
had shown in forbearing to ravage their Country, they sincerely wish a
Continuance of Clemency: that they will readily agree to any measure
I should recommend of the re-union, if it can be adopted so as not to
expose them to the rage of the Colonies, the said re-union to be ratified
in the most solemn and secret manner, and under cloak of neutrality or
suspension of hostilities — to be made public by me. This they think
would draw thousands of their Country. My last so fully expressed my
embarrassed situation with this people, that it is not necessary to add
anything at present but to repeat my anxiety to hear from your Excel-
lency that I may regulate my conduct with them upon the principles
mentioned in my last. I have wrote by this Messenger to the Governor
and Allen, assuring them of protection and support from the King's
Government while they continue in their present sentiments, and that
every act of hostility shall be cautiously avoided on my part until in-
fringed on theirs, or that some public event shall make the Contrary my
duty, and I have left the Governor to promulgate this declaration or not,
as he shall Judge fit.1
I am anxious for the safety of my Messenger Davis.
1 It has been seen that the Governor promulgated only a part of this
letter, to wit, that there should be no hostility. Gov. Chittenden was
not prepared to announce the offered protection of the British Govern-
ment to Vermont. — See ante, p. 476.
478 Appendix 1.
Gen. Haldimand to Sir Guy Carleton.
N°- 7. Quebec, Sep. 8th- 1782.
Sir, -I have just been honored with your Excellency's Letter of the
3rd- of August forwarded by 19—3 48—22, under Cover of one from him
Communicating Information and proposals he had made to New York
through , and transmitting a Copy of a Letter from that Gentle-
man, of which the following is a Copy:
"I received you Letter of the 25th- of Juty: it was very satisfactory,
and your designs are approved by the Company as you will be informed
by . . . who both will say more than I can write by this opportu-
nity. Orders now go for the Supplies you want, and when you forward
the Orders, write fully, as you did to me, that they may be adequate to
your intentions, for they can come to you more easily and certainly from
that quarter than from hence."
Mr. . . . strongly recommends providing a large sum of Money,
and opening a free trade from this Province with Vermont for purposes
I need not enter upon as they are known to your Excellency. The im-
propriety of my complying with either unauthorized, will appear from
the following Extract of a Letter from Lord Shelburne, strengthened by
your Excellency's Information that we are actually in treaty at Paris:
" But in this, and many other, cases, your own prudence will prove a
better Instruction than any I could give, and will enable you to seize
advantages which may offer by open and honorable dealings, avoiding
the least appearance of insiduousness."
Your Excellency never having once touched upon the subject of Mr.
. . 's requisitions in a letter accompanying them, and said to contain
orders for that purpose, (which, if you had approved, you surely would
have mentioned, knowing my embarrassment, and regard for Vermont
affairs,) makes me still more cautious, as Mr. . . . says a Gentleman
will shortly come into this Province with fuller Information, and to
transact Business, (which he doubts not he will obtain leave to do.) It
is possible he may be the Bearer of the Order mentioned; but as accident
may delay his arrival, and that no time shall be lost, if it is your Excel-
lency's wish to adopt Mr- . . . 's plan, and that 1 may execute it as
proposed by him, I send off this Messenger to request that you will be
pleased ^to signify to me the Commissioners' authority for so doing,1 and
to what extent the requisitions are to be complied with.
Respecting the Free Trade with Vermont, it is necessary I should re-
mark to your Excellency that at the very time Mr- . . . 's proposals
were made, 5 — 19 57 — 1 strongly expressed their disapprobation of Trade
being opened from a just apprehension that it would at once discover
their inclinations to a re-union, and draw upon them the resentment of
Congress before they could be in a situation to oppose it. He neverthe-
less approved the measure when ripe for execution.
I shall continue to supply . • • with Money to defray the expence
of procuring and forwarding Intelligence to New York, and this Prov-
ince.
1 have the Honor to be, with great respect and regard, your Excel-
lency's Most Obedient and Most Humble Servant,
Fkedk Haldimand.
His Excellency Sir Guy Carleton.
Indorsed, " E. General Haldimand to Sir Guy Carleton, September 8th-
1782. N°- 14."
2 Meaning the authority of the British Commissioners at New York.
Haldimmd Correspondence. 479
Last Letter of Gen. Haldimand to Vermont.1
Although the preliminary articles of the treaty for peace between
Great Britain and the United States had been signed in November
1782, the cessation of hostilities was not proclaimed by Washington
until April 19, 1783, so the following was written before news of peace
had been received in Canada, though evidently expected. This letter
was probably addressed by Matthews or Sherwood, by direction of Gen.
Haldimand, to Ira Allen, and was dated March 25 1783.
I am commanded to acquaint you, that actuated from the beginning,
by a sincere desire of serving you, and your people, as well as of pro-
moting the royal cause, by re-uniting you with the mother country, his
Excellency never lost an opportunity of representing every circum-
stance that could be advanced in your favour, to the King's Ministers,
in the hope of accomplishing a reconciliation. His Excellency will
continue by such representations, to do all in his power to serve you,
but what effect it may have, at this late period, is very uncertain. While
his Excellency sincerely regrets the happy moment, which it is much to
be feared, cannot be recalled, of restoring to you the blessings of the
British Government, and views with concern the fatal consequences
approaching, which he has so long, and so frequently predicted, from
your procrastination, he derives some satisfaction from a consciousness
of not having omitted a circumstance, which could tend to your persua-
sion, and adoption of his desired purpose. In the present uncertain
state of affairs, uninformed as his Excellency is, of what is doing, or
perhaps done, in a general accommodation, he does not think fit, until
the result shall be known, to give any opinion, which may influence you,
perhaps, to the prejudice of your interests, or that might interfere with
the views of Government. If the report now prevailing has any foun-
dation, a very short time will determine the fate of Vermont. Should
any thing favourable present, you may still depend on his Excellency's
utmost endeavours, for your salvation.
Ira Allen thus commented on this closing letter of the Haldimand
correspondence with Vermont:2
The preceding letter, under the circumstances it was written, shows
the generous conduct of General Haldimand, in the course of these
negotiations, and a friendly liberality in cautioning the people of Ver-
mont to be on their guard for new events. The facts are, that these
negotiations, on the part of Vermont, were from necessity, as has been
already shown; on the part of the British, they were to carry into effect
the object of the war; from different motives those measures were carried
on in such ways as the parties could agree for their mutual interest, on
the strictest principles of honor ; and when peace was proclaimed,
impressions of friendship remained between the parties, as several
interviews between General Haldimand and Colonel Ira Allen after-
wards fully evinced.
'William's History, Vol. n, p. 212; Vt. Hist. Soc. Coll., Vol. I, p. 466.
*Vt. Hist. Soc. Coll. Vol. i, p. 467.
480 Appendix I.
Opinions of the Haldimand Correspondence. *
Samuel Williams, LL. D., is the earliest Vermont author, not a
party to the negotiation, whose opinion is preserved. A contemporary
with most, if not all, who were in the secret of the negotiation, he
unquestionably expressed their representation of the case, and that
generally believed in Vermont at that time. He wrote thus:
On the part of the British, it consisted of constant attempts and
endeavors to persuade the leading men of Vermont to renounce their
allegiance to the states of America, and become a British province. On
the part of the gentlemen of Vermont, the correspondence consisted of
evasive, ambiguous, general answers and proposals; calculated not to
destroy the British hopes of seduction, but carefully avoiding any
engagements or measures that could be construed to be an act of the gov-
ernment; and it had for its object, a cessation of hostilities, at a time when
the state of Vermont, deserted by the continent, and unable to detend
herself, lay at the mercy of the enemy in Canada.
Eight persons only in Vermont were in the secret of this correspon-
dence. Each of them were known to be among the most confirmed
friends to the American cause. They had avowed their sentiments and
embraced the cause of their country, from the beginning of the Ameri-
can war. They had suffered severely, often borne arms, and done every
thing in their power, to defend the independence of the states; and
through the whole of this correspondence, they gave the most decisive
proofs that they could not be bought or bribed, by any offer of wealth or
honor.
It may be doubted how far such a measure was justifiable, in that, or
in any other state of things. On the one hand, it may be said, when the
safety of all America was in question, and in much danger, nothing-
ought to have been done to encourage the enemy, that they should be
able to divide, and thus subdue the continent. On the other hand it
may be urged, that when thirty thousand people were deserted by the
Congress, and become the objects of the intrigues and policy of the
adjacent states, it was as justifiable and necessary for them, to provide
for their safety, as it was for the rest of the continent. If there was no
other alternative for the people of Vermont, than to be divided, sub-
dued, and delivered over to the power of their ancient enemies, their
leaders will not be blamed for taking necessary and adequate measures
to prevent such an evil. In such a situation, it was scarcely possible for
the people of Vermont to believe that they could be under any moral
obligation to sacrifice themselves, to procure independence for those,
who, by the act of their representatives, had rejected them from their
confederation.
But whatever may be thought respecting the propriety of such policy,
the event shewed that the gentlemen of Vermont had formed a sound
judgment with regard to the effect. Flattered with the prospect, that
they should draw off a considerable part of the continent, to their
government and measures, the British carefully avoided all hostilities
against Vermont, restored her prisoners, forbade their troops to enter
or attack her territory, and considered the people rather in the light of
friends than enemies.2 Thus while the British generals were fondly
lVt. Hist. 8oc. Collections, Vol. n.
2The correspondence discloses the fact that Sir Henry Clinton, Gen.
Haldimand, and his commissioners, all counted the people of Vermont
Opinions on the Haldimand Correspondence. 481
imagining that they were deceiving, corrupting and seducing the people
of Vermont, by their superior arts, address and intrigues, the wiser
policy of eight honest farmers, in the most uncultivated part of Amer-
ica, disarmed their northern troops,, kept them quiet and inoffensive
through three campaigns, assisted in subduing Cornwallis, protected the
northern frontiers, and finally saved a state.1
The following is important, as indicating the opinion of one of the
most distinguished men of New York at that day. Mr. Livingston
was a delegate in the Continental Congress of 1777, and a member of
the committee for draughting the Declaration of American Independ-
ence. He was a delegate also from 1779 to 1781, and at the date of this
letter was Secretary for Foreign Affairs, in which capacity the letter was
written to Dr. Franklin, who was then American Minister to France.
The letter was diplomatic, of course, aimed to defeat any advantage
Great Britain might hope to gain by representing that Vermont was
about to return to her allegiance; but doubtless Mr. Livingston gave his
own opinion of the case, derived from explanations made to the Conti-
nental Government.
Bobert B. Livingston to Dr. Franklin. — [Extract.]
Philadelphia, 13th Feb'y, 1782.
We have not a word of intelligence to communicate, unless it be some
little disturbances in the country, which has been distinguished by the
names of N. H. Grants and Vermont; and which it may be proper to
mention to you, since the facility with which the British deceive them-
selves, and the address with which they deceive others, may render it a
matter of moment in Europe, though in fact it is none in America. The
bulk of the people of that country are "New England Presbyterian
Whigs." Some of those in the possession of the powers of government
have more address than principle. Finding themselves exposed to
inroads from Canada, they have tampered with that government, and
pretended to be willing to form a treaty of neutrality with them during
the war, and to return to the obedience of Britain on a peace. This has
had the effect they intended, and in some measure defeated an expedi-
tion which the enemy made last year, and retained their main body in
inaction at Ticonderoga, while the parties they sent to the westward
were beaten and dispersed by our militia. The secret has been discov-
ered, is denounced by the people, and such measures are now taken,
that by the time the King of Great Britain and his Council (before
decidedly against them. Why, then, did they persist in attempting to
secure, by negotiation with the minority, what they could easily have
won by force ? The answer is found in the fact that the British Cabinet
kept their Generals under instructions, on the conciliatory policy of
1778-9, until, by the capture of Cornwallis, their military power in
America had been broken. Force was contemplated against Vermont
in April 1782, but then it was too late. On the 4th of that month the
British Cabinet had directed a suspension of hostilities, and they were
not renewed. — See ante, pp. 467, 471.
1 Natural and Civil History of Vermont, Vol. n, pp. 214-216.
32
482 Appendix I.
whom the propositions now lie) have formed a plan in consequence of
them, they will be made the means of drawing them into new difficulties.
— Franklin1 s Writings, Vol. ix, p. 162; Sparks's Diplomatic Correspon-
dence, Vol. in, p. 300.
Of all who have declared opinions on this subject, Jared Sparks was
best able to make an accurate judgment. He procured The Haldimand
Papers, which are given in this volume; he edited the Bevolutionary
Correspondence of Washington, and thus had access to all papers, then
existing, touching the suspected treachery of Ethan Allen, the Haldi-
mand correspondence, and whatever else concerning Vermont was
deemed of sufficient interest or importance to receive the attention of
Washington. Mr. Sparks was himself interested in the matter; he had
more than one occasion to advert to it in editing the Washington corre-
spondence; and finally, in his Life of Ethan Allen,1 he summed up the
results of his investigation. Aside from the unpublished legislative
journals of Vermont, which are herein given to the public so far as
they touch this question, Mr. Sparks had all the knowledge best fitting
him to form a just opinion, and his unblemished character is an ample
guaranty that he would publish nothing that was not, in his judgment,
just and true. The following is his summary of the leading facts, with
his opinion of the negotiation and the Vermont negotiators:2
It was at this period, [1780,] that the Britisli generals in America
began to meditate the scheme of bringing Vermont into a union with
Canada, by taking advantage of the disputes, which had continued so
long and waxed so warm, that it was supposed Vermont had become
alienated from Congress and the opposing States, and would be ready to
accept tempting overtures from the British. This idea received encour-
agement from the circumstance, that Congress afforded but a slender
defence to the frontiers of Vermont, although the governor of Canada
was in a condition to make a descent with a force sufficient to bear
down any opposition that could be interposed by the whole strength of
the State. The first step was to bring over some of the leaders ; and as
Ethan Allen was the most conspicuous of these, and also the military
chieftain, the attempt was made upon him. That his views might be
ascertained on this subject, the following letter was written to him by
Beverly Robinson, colonel of a regiment of loyal Americans, or, in other
words, refugees adhering to the British cause and embodied in the
British arm}\ [For letter see ante, p. 397.]
This letter, artful and plausible as it was, made no impression upon
the patriotism of Ethan Allen. Although written in February3 it was
not received till July. He immediately sent back the messenger, and in
confidence communicated the letter to the governor and a few other
friends, who all agreed with him, that it was best to pass it over in
silence. That they might not be outdone, however, in the allowable
stratagems of war, they bethought themselves to turn to a profitable
purpose this advance on the part of the enemy. The British were
expected soon to appear on Lake Champlain in great force, and it was
a thing of essential importance in the present difficult position of Ver-
mont, to ward off the impending danger. Several prisoners from this
1 American Biography, Vol. I, pp. 229-356. -Same, pp. 338-349.
3 March 30 1780.
Opinions on the Haldimand Correspondence. 483
State were now in Canada, and it was advised that the governor should
write to the commander in Canada, proposing a cartel for an exchange.
A letter was accordingly dispatched with a flag. The object was to
produce delay, and by a finesse to lead the enemy 1o pursue their ideas
of drawing Vermont over to their interest. While this should be
fostered, it was not probable they would attack the people, whom they
wished to conciliate.
No answer was returned, till the enemy's fleet was seen coming up
the Lake in a formidable attitude, spreading an alarm far and wide, and
apparently threatening an immediate invasion. Many persons took
their arms and marched to the frontier. But no hostile acts were
committed. The commander on board the fleet sent a flag to General
Allen, with a letter to the governor of Vermont, assenting on the part
of General Haldimand, commander-in-chief of the British army in
Canada, to the proposal for an exchange of prisoners, and offering a
truce with Vermont till the cartel should be arranged.
This preliminary negociation of a truce was conducted by General
Allen. In defining the extent of territory, which the truce should
cover, he included all the settlements as far west as the Hudson River.
To this extension the British officer objected, as not being within the
bounds of Vermont. Such an arrangement would, moreover, prevent
the expedition up the Lake from acquiring honor, or attaining any
ostensible object; whereas, if not hampered with the truce, it might act
with some effect on the frontiers of New York. This was a strong
motive for insisting, that the truce should be confined strictly within
the limits of Vermont, but as General Allen was unyielding, the officer
gave way, and it was definitely settled as reaching to Hudson's River.
This was a dictate of sound policy, as appeared in the subsequent
history of Vermont. It had a conciliatory effect upon the inhabitants
of that part of New York included in the truce. Their antipathy was
disarmed, and at one time they even courted a union with Vermont.
As this was a secret arrangement, and not then made known publicly,
the people were surprised to see the fleet retreating down the Lake, and
the military disbanded and going home. Commissioners were appointed
by the governor of Vermont to meet others from Canada, and settle the
terms of a cartel. The season was so far advanced, however, that they
were obstructed in their voyage across the Lake by the ice, and obliged
to return. Nothing was done during the winter. The advantage thus
far gained by Vermont was, that a campaign of the enemy on her
borders had been rendered ineffectual. As a compensation, the British
supposed they had made good progress in detaching from Congress the
affections of a discontented province, and winning them over to the
King.
As these transactions were well known to the enemy in New York,
Colonel Robinson was concerned not to have received an answer to his
letter. Thinking it might have miscarried, although he had sent a
duplicate and triplicate, or assuming such supposition as a pretence for
writing again, he dispatched a second letter to Ethan Allen, dated
February 2d, 1781. In this was enclosed a fourth copy of the first, and
it contained the following paragraph :
" The frequent accounts we have had for three months past, from your
" part of the country, confirms me in the opinion I had of your inclina-
" tion to join the King's cause, and assist in restoring America to her
" former peaceable and happy constitution. This induces me to make
" another trial in sending this to you, especially as I can now write with
" more authority, and assure you that you may obtain the terms men-
" tioned in the above letter, provided you and the people of Vermont
484 Appendix L
" take an active part with us. I beg to have an answer to this as soon
" as possible, and that you will, if it is your intention, point out some
"method of carrying on a correspondence for the future; also in what
" manner you can be most serviceable to government, either by acting
" with the northern army, or to meet and join an army from hence. I
" should be glad if you would give me every information, that may be
" useful to the Commander-in-chief here." l
Shortly after receiving this second epistle, General Allen smt them
both to the Continental Congress, accompanied by one of his own. in
which he exoressed in very emphatic language his sentiments in regard
to the interests of Vermont, and the unjustifiable attempts of the
adjoining States to abridge her rights and even destroy her existence.
Having explained the mode in which the letters came into his hands,
and mentioned his having shown the first to Governor Chittenden and
other gentlemen, he proceeds as follows :
" The result, after mature deliberation, and considering the extreme
" circumstances of the State, was, to take no further notice of the mat-
" ter. The reasons for such a procedure are very obvious to the people
" of this State, when they consider that Congress have previously claimed
" an exclusive right of arbitrating on the existence of Vermont, as a
" separate government; New York, New Hampshire, and Massachusetts
" Bay at the same time claiming this territory, either in whole or in
" part, and exerting their influence to make schisms among her citizens,
" thereby, in a considerable degree weakening this government, and ex-
" posing its inhabitants to the incursion of the British troops, and their
" savage allies from the province of Quebec. It seems those govern-
" ments, regardless of Vermont's contiguous situation to Canada, do not
" consider that their northern frontiers have been secured by her, nor
" the merit of this State in a long and hazardous war; but have flattered
" themselves with the expectation, that this State could not fail (with
" their help) to be desolated by a foreign enemy, and that their exorbi-
" tant claims and avaricious designs may at some future period take
" place in this district of country.
" I am confident that Congress will not dispute my sincere attachment
' " to the cause of my coun ry, though I do not hesitate to say, I am fully
" grounded in opinion, that Vermont has an indubitable right to agree
" on terms of a cessation of hostilities with Great Britain, 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 independence of the united claiming States,
" and they, at the same time, at full liberty to overturn and ruin the in-
" dependence of Vermont. I am persuaded, when Congress consider
" the circumstances of this State, they will be the more surprised, that I
" have transmitted to them the enclosed letters, than that I have kept
" them in custody so long; for I am as resolutely determined to defend
" the independence of Vermont, as Congress are that of the United
" States; and rather than fail, I will retire with hardy Green Mountain
" Boys into the desolate caverns of the mountains, and wage war with
" human nature at large."2
The concluding words of this paragraph may be considered as char-
acteristic of the writer; but the sentiments expressed in the letter,
respecting the allegiance due from Vermont to the United States, were
unquestionably entertained by all the principal men of that State.
Independence was their first and determined purpose; and while they
were neglected by Congress, and, like another Poland, threatened with
1 See ante, pp. 405-40G. 2 See ante, pp. 406-407.
Opinions on the Haldimand Correspondence. 485
a triple partition between the adjoining States, they felt at liberty to
pursue any course, that would secure their safety, and conduct them
towards their ultimate object. It was on this principle, that they
encouraged advances to be made by the British, and not that they ever
had the remotest intention of deserting the cause of their country, or
submitting in any manner to the jurisdiction of the English government.
While the war continued, however, these negotiations with the enemy
were carried on with much address, and so successfully as to prevent
any further hostilities from Canada. A correspondence was kept up,
which was known only to a few persons, and was chiefly managed by
Ethan Allen and his brother, Ira Allen. Messengers came to them
secretly with letters, and waited in concealment till consultations were
held, and answers prepared, with which they returned to Canada. This
was a slow process, but it served to amuse the enemy, and keep their
hopes alive. While this could be done, Vermont was safe from attack,
and had only to apprehend the artifices of those, who were striving by
the weapons of the civil power to annihilate her freedom.
The English ministry had at one time sanguine expectations from the
prospect of atfairs in this quarter. I have seen two letters from Lord
George Germaine to Sir Henry Clinton, one written in February and
the other in June, 1781, l wherein the minister congratulates the com-
mander-in-chief on the happy return of the people of Vermont to their
allegiance, and represents it as an important event. He adds, that,
should Washington and the French meditate an irruption into Canada,
they would find in Vermont an insurmountable barrier to their at-
tempts; and also that General Haldimand would undoubtedly send a
body of troops to act in conjunction with the people, secure the avenues
through the country, and, when the season should admit, take possession
of the upper parts of the Hudson and Connecticut Kivers, and cut off
the communication between Albany and the Mohawk country. Again
he observes, that, should the people of Vermont be menaced by a
detachment from Washington's army, General Haldimand would have
forces ready to throw in among them, by which they would be relieved
from any fears of the resentment of Congress, and see it to be their
wisest and safest course to return to their loyalty. Such were the
vagaries of Lord George Germain in his office at Whitehall, even within
a few months of the capitulation at Yorktown. And in truth they
present a very just specimen of the strange reveries, surprising igno-
rance, or wilful blindness of that minister, in regard to American affairs,
during the whole war.2
*See ante, pp. 407, 429.
2 On the subject of the negotiation, see Slade's Vermont State Papers,
pp. 141-156; Thompson's Vermont, Part n, pp. 61-67; B. H. Hall's
Eastern Vermont, pp. 412-414, 503; Daniel Chipman's Life of Na-
thaniel Chipman, pp. 37-61; Hiland Hall's Early History, pp. 350,
359-378, 398-402; Vermont Historical Society Collections, Vol. I, pp. 414-
469, and Vol. n, pp. 1-394.
APPENDIX K.
PROTEST OF ADHERENTS TO NEW YORK AGAINST VER-
MONT IN 1778, AND ORIGIN OF THE CHARLES-
TOWN CONVENTION OF JAN. 16 1781.
Jan. 28 1778, a few weeks preceding the organization of the govern-
ment of Vermont, the adherents to New York in Cumberland county
assembled at Brattleborough and prepared a petition to the Assembly
of New York, informing that body of the adoption of the constitution
of Vermont and the determination to enforce its authority against New
York, and praying the latter to defend the petitioners. In response,
Feb. 21 1778, the Legislature of New York adopted resolutions proposing
terms of accommodation with the inhabitants who held land under New
Hampshire grants, which proposals were embodied in a proclamation
issued by Gov.Clinton, Feb. 23 1778. This proclamation closed with the
following pledge to the adherents to New York, and threat to the friends
of the Vermont government:
The several branches of the Legislature of the State of New York
will concur in the necessary measures for protecting the loyal inhabit-
ants of this State, residing in the counties of Albany, Charlotte, Cum-
berland, and Gloucester, [embracing Vermont,] in their persons and
estates, and for compelling all persons, residing within this State, and
refusing obedience to the government and Legislature thereof, to yield
that obedience and allegiance, which, by law and of right, they owe to
this State.1
Emboldened by this pledge of support, the adherents of New York in
Brattleborough at once instituted measures for a formal protest against
the organization of the Vermont government, as follows:
Copy1 of a letter in the hand writing of Micah Townsend, Esq., directed
to Simon Stevens, Esq., at Springfield.
Brattleborough, March 4th- 1778.
Sir, — We request you would be kind enough to use your Endeavors to
obtain a meeting of the Freeholders and Inhabitants of your Town and
lay the enclosed Letter before them; — and also your influence to get a
Committee appointed to consult with Committees from several Towns
upon the subject of the enclosed Letter — We are Sir
Your very Hum1 Servts-
Benj. Butterfield
P. S. If you had a Town Meeting yester- Saml Knight
day & the Majority were in favor of the Israel Smith
State of Vermont, then we suppose a James Blakslee
Meeting of the Minority will be sufficient. Micah Townsend
1 B. H. Hall's Eastern Vermont, pp. 308, 309.
Protest of Adherents to New York, 1778. 487
Copy of the paper named " the enclosed Letter.''''
Brattleborough March yc 4th- 1778.
Gentlemen, — At the annual meeting of this town held yesterday it was
unanimously agreed to send a Protest to the Assembly of the pretended
State of Vermont against disavowing their allegiance to ZSTew York — A
step in their opinion tending to disunite the friends of America in the
present important contest with Great Britain. The town was of opinion
that it would add great weight to the protest if the Towns and Districts
in this County who join with us in thinking the manner and time of
erecting this part of America into a new State is of bad consequence
would unite in the Protest. They thereupon chose us the subscribers a
Committee to confer with Committees from such Towns in this County
as are inclinable to bear public Testimony against unjustifiable proceed-
ings of a multitude.
We therefore call upon you in the most earnest manner as you value
the blessings of good order and Just Government to unite with us in
concerting and executing such measures as will be most efficacious for
procuring those blessings and frustrating the Designs of those who are
opposed to them : And we would request you to appoint a Committee to
confer with us and such others as shall meet us at the house of Cap1
Sergeants of this Town on the 18 instant at 10 o'clock in the forenoon,
authorizing them to agree to such measures as the majority of the Com-
mittees then convened shall think most expedient.
We are Gentlemen with great respect
Your most Obed Servants Benj. Butterfield
Saml Knight
To the Freeholders and Israel Smith
Inhabitants of Springfield. James Blakslee
MlCAH TOWNSEND
P. S. If a Majority are disinclined to choose a Committee for the pur-
poses above mentioned we think it most advisable for as many as
are willing to elect the Committee and for them to come able to as-
certain the number of persons who chose them.1
Accordingly a Convention met at Brattleborough on the day named,
and appointed a committee to draft a protest to be presented to the leg-
islature of Vermont, and a letter to Gov. Clinton. This Convention
adjourned to the same place on the 15th of April, when representatives
of Guilford, Brattleborough, Putney, Newfane, Hinsdale, [Vernon,] and
Rockingham attended. The protest was then adopted by this Conven-
tion, which had the approval of adherents to New York in Westmin-
ster and Weathersfield also. B. H. Hall gave the substance of this
document thus:
It was in the form of an address, and was directed "To the gentlemen
convened at Windsor, under the style of the General Assembly of the
state of Vermont." In it the objections to the formation of a new state
were strongly put, and old arguments in a regenerated form, and new
ones also, were urged in opposition to the plans of the patrons and citi-
zens of Vermont. In view of the principles adduced, the protesters
announced their determination in these words: —
" We conceive that endeavoring at present to establish a separate
" state here, is not only a violation of the Continental Union, but is im-
" prudent, and to the last degree impolitic and dangerous, tending in the
1 Furnished by Hon. James H. Phelps, of West Townshend.
488 Appendix K.
" present important crisis to weaken the authority of the Continental
" Congress, disunite the friends of America, and stimulate a spirit of
" separation and sedition which may end in the ruin of the United
u States; and we esteem it not only our duty, but the duty of all who are
" friends to the liberty of America, to bear open testimony against it.
" Therefore, on behalf of ourselves and those who delegated us for that
" purpose, we publicly declare that as we have not in any way assisted
" in, or consented to, the forming of a separate and independent govern-
" ment, we shall not consider ourselves bound by any acts of the Legis-
" lature thereof, but shall, as in duty bound, continue to yield our allogi-
" ance to the state of New York, until otherwise directed by the Honor-
" able the Continental Congress. And we do hereby solemnly protest
" against the right of any persons to govern us and the other inhabitants
" of the Xew Hampshire Grants, except that of the Continental Con-
" gress and the Legislature of New York, and against all measures which
" shall be used to enforce the pretended rights of any other person or
" body of men, and against all the bad consequences which may arise
" from attempting at present to establish an independent government in
" the ' Grants ' before mentioned."1
The opposition at that period culminated in the enforcement of the
authority of Vermont by Ethan Allen in May 1779.— See Vol. i, pp.
298-9, 442-3, and 518-520.
Origin of the Chaklestown Convention of Jan. 16, 1781.
In Convention of Committees from several Towns in the County of
Cumberland 31st- October 1780.
Resolved, That Luke Knoulton Esq1'- Hilkiah Grout Esqr- Oliver Lovell
Esqr- Col0- John Sergeants, Micah Townsend Esq1-- Major Jonathan Hunt
Simon Stevens Esqr- Charles Phelps Esqr- Mr. Benjamin Henry, James
Clay Esqr- Major Elkanah Day, Mr. Thomas Cutler and Mr. Barzillai
Rice be and hereby (are) nominated and appointed a Committee to meet
such Persons as shall be authorized for the Purpose by a Convention or
Committee of Gloucester Count}' on the West and Grafton County on
the East side of Connecticut River to devise and carry into Execution
such Measures as they shall deem best calculated to unite in one Politi-
cal Body all the Inhabitants from Mason's Grant on the East, to the
Heighth of Land on the West side of said River. And that a Majority
of the Persons above named or of such of them as shall meet at Charles-
town on Wednesday the Eighth day of November next be empowered
to act in the Premises.
By order, Matthew Cushing.1
Note by Hon. J. H. Phelps. — The foregoing paper, except the sig-
nature, is in the hand writing of Micah Townsend.
1 Eastern Vermont, pp. 311, 312.
1 From the Pingry Papers. — See ante, pp. 277-285.
ADDITIONS OT AND CORRECTIONS OP VOLS. 1. AND Jl
COVENANT, COMPACT, AND RESOLUTIONS,
Adopted by a Convention of the Representatives of the
Settlers on the New Hampshire Grants West
of the Green Mountains— in 1775.
It is probable that the following document is now re-printed for the
first time since the original publication in 1775. It was found in what
will doubtless be known hereafter as the Haswell Papers, comprising
pamphlets, newspapers, and books belonging to the late Nathan B.
Haswell of Burlington,1 which have been purchased by the State
Librarian since the first volume of the Council Records was printed:
otherwise this document would have been given in that volume, as the
first known act of a Convention in the New Hampshire Grants having,
in a degree, the form and authority of an independent civil government.
The plnce and date of the meeting of the Convention and the names
of the town representatives who signed the "Covenant and Compact"
are not given. Thus it may fairly be asked: was this document simply
a form prepared, printed, and circulated for the consideration of the
people, and never adopted? or, was it actually adopted? The fact that
blank spaces were left, as above stated, strongly favors the theory that
the document was printed previous to its formal adoption; and it is
obvious that this might have been done by a committee appointed by a
Convention and instructed to report at an adjourned session. That
such a document was actually adopted by a Convention holden at Man-
chester, is inferred from a statement by Ira Allen, in his history of
Vermont, in terms which do not apply to any other known document
but this. After referring to the out-lawry act of New York, of March 9
1774; to a " meeting of the committees of the several towns on the west
side of the Green Mountain," called in consequence thereof, "to convene
in Manchester, April 1774;" and to the answer of Ethan Allen and
others to the New York act, — Ira Allen added these words:
At this Convention, a printed constitution, or more properly rules for
the future government of the district of the grants were published, as a
general defence became necessary to guard against the usurpations of
the colony of New York.a
This language favors the theory above suggested.
1 The most valuable formerly belonged to Anthony Haswell of
Bennington. — See ante, p. 13.
2 Vt. Hist. Soc. Collections, Vol. I, p. 359.
490 Additions and Corrections.
On referring to the " Covenant " in the following document, il will be
seen that it embraces such " equal Bules, Injunctions, Constitution and
Officers as are judged necessaay and expedient, for the best Good of the
Inhabitants of this District aforesaid."
It is to be observed, however, that Allen refers this " constitution "
or " rules " to a convention holden at Manchester in April 1774, while
the copy herewith given refers to events which occurred at later dates:
so either he did not refer to this document, or he mistook the date. The
last is most probably the case, for the fact is, that the pamphlet, which
begins with the "Compact" in question, closes with the answer to the
out-lawry act, that answer bearing date April 26 1774. Even if Allen
wrote with a copy of this pamphlet before him, he would naturally take
the date with which it closes, inasmuch as there is none to the " Com-
pact" with which it begins; while if he wrote from memory, more than
twenty years after the event, his statement as to the date is by no means
conclusive. The answer to the out-lawry act was printed in 1774. The
copy attached to the document in question bears the imprint of 1775, —
thus showing that the answer was reprinted with the New York act as
a justification for the "compact" made in 1775.
It has already been stated that this document could not have been
adopted in April 1774. The reasons are the following:
1. The year is stated to have been "the fifteenth year of his Majesty's
Reign." That year began Oct. 25 1774, and ended with Oct. 24 1775.
2. The document refers to a visit by two New York gentlemen, " in
the Month of September 1774."
3. It also refers to the removal of the New York sheriff Lansingh of
Charlotte county, and the appointment of sheriff Parker. Jonathan
Parker succeeded Philip P. Lansingh November 12 1774. *
In fixing the date of the Convention, it is evident that it must be
subsequent to Nov. 12 1774. Now noting the fact that the " Compact "
was contingent upon the pleasure of the king, it is safe to say that it must
have been adopted previous to the capture of Ticonderoga and Crown
Point in May 1775, as at that time the leading Green Mountain Boys
had drawn the s*word against the king. Looking now for some known
Convention of towns west of the Green Mountains, which met between
November 1774 and May 1775, one only is to be found, to wit:
On January 31, 1775, a convention was holden at Manchester, in which
the following towns were represented, viz:
Bennington, Shaftsbury, Arlington, Sunderland, Manchester, Dorset,
Rupert, Pawlet, Wells, Poultney, Castleton, Danby, Tinmouth, Claren-
don, Rutland, Pittsford, Neshobe, [Brandon,] Shoreham, Bridport,
Addison, Panton, Ferrisburgh, Colchester, Wallingford, and Georgia —
twenty-five in number.2
xNew York Civil List, 1869, p. 57.
2 Vermont Historical Society Collections, Vol. i, p. 8.
Covenant and Resolutions of 1775. 491
Gov. Hall stated that the only information in regard to this Conven-
tion, that had heen found up to 1870, was derived from a petition of
Peleg Sunderland to the General Assembly, and report thereon, in 1787.
It can hardly be doubted that in the following document we now have
every thing of public importance that was done at that Convention.
The time meets ever}' statement in the document, and every contin-
gency in the history of the State at the period. Comparing the above
list of towns represented in the Convention of January 31 1775, with
the description in the following document of the district represented,
the two will be found to agree. In fact, no other Convention answers
so well to the description, as in no other was the district represented
which is described as " the Lands contiguous to Lake Champlain, which
large Tract of Land to the Forty-Fifth Degree of Northern Latitude, is
comprehended in those Townships." The town of Georgia represented
the section north of Colchester in that Convention, and in no other.
Sunderland stated in his petition that his claim was allowed Feb. 3
1775, which shows that the Convention was in session at least four
days;1 and this proves that the business wras of more than usual impor-
tance. The document is not a journal of all the proceedings of the
Convention, but a proclamation to the public of very important resolu-
tions and orders, which for a time had all the force of laws with the
people of western Vermont. Probably Ethan Allen was its author.
The acquisition of the Haswell Papers by Hiram A. Huse, Esq., the
State Librarian, was made specially on account of files of the Ben-
nington and Windsor newspapers from their origin in 1783, which are
excedingly valuable as repositories of the early history of the State;
but the most rare document is the following "Covenant, Compact, and
Resolutions." Probably it is the only copy in existence.
The PROCEEDINGS of the CONVENTION of the NEW
HAMPSHIRE SETTLERS; containing their COVENANT,
COMPACT, and RESOLUTIONS; and also Twelve Acts of OUT-
LAWRY. Passed by the Legislature of the Province of NEW
YORK, against those Settlers, and their ANSWER to the same.
HARTFOBD: [Conn.] Printed by Ebenezer Watson, near the
Great-Bridge. 1775.
At a General Convention, held at [Manchester] by the Representatives
of the Inhabitants of the several Townships granted by the Government
of New-Hampshire, and situate to the Westward of the Range of
^Vermont State Papers, Mss., Petitions, Vol. 17, p. 304. The report of
the committee on this petition states that the Convention met on the
31st of January 1775, and also that the committee had a record of its
proceedings.
492 Additions and Corrections.
Green Mountains, and Northerly from the Province of the Massachu-
setts-Bay, and on the Rivers Otter Creek, and Onion River, and the
Lands contiguous to Lake Champlain, which large Tract of Land to
the Forty-Fifth Degree of Northern Latitude, is comprehended in those
Townships.
f I ^ HIS Convention taking into their most serious Consideration the
J- several progressive Facts and Circumstances which have occurred
in the Controversy, which hath for many years subsisted between the
New-Hampshire Settlers that are seated on those Townships, and the
Government of New- York, proceed to a short Narration thereof.
Whereas the governmental Authority of the Province of New- York,
ever since his Majesty extended their Jurisdiction to the West Banks
of Connecticut River, on the East, and to Latitude Forty-Five Degrees
North, which was in A. D. 1764, which includes about one Hundred and
Thirty-Six Townships, Six Miles square, which had been granted by the
Government of New-Hampshire, antecedent to the aforesaid Extention
of the Jurisdiction of New- York. And
Whereas the Government of New- York, not satisfied with exercising
merely .Jurisdiction over those Settlers, they re-granted (in Prejudice to
them) to certain over-bearing Attornies, and other favourite Gentlemen
that were enterprizing, and which bear great Sway in the Government,
large Patents interfering with those Townships, and actual Settlements
aforesaid, which hath occasioned great Difficulties, Cost and Disturbances
to those Settlers. And a Representation of the Conduct of the Govern-
ment in the Premises being laid before his Majesty, in Privy Council,
who, pursuant to their Advice, was graciously pleased to order the
Government of New-York, not to make any Grants interfering with
those of New-Hampshire, till his Majesty's Pleasure should be further
signified concerning the same. And,
Whereas the Government of New- York, have repeatedly violated his
Majesty's express Order in re-granting sundry large Tracts of Land
contained in and belonging to the prohibited Premises, and have in
almost every Instance exercised the Power of Jurisdiction which was
delegated to them from the Crown for the Safety and Protection of its
Subjects, to ravage from them (the aforesaid Settlers) their Lands and
Labours, treating us, those Inhabitants, as Rioters, nay, as Felons, in
Consequence of such Tumults, of which themselves were primarily the
efficient Cause. And,
Whereas, on the 9th Day of March, A. D. 1774, the Legislature of
the Province of New- York, did enact twelve particular Acts of Out-
lawry against us, his Majesty's loyal Subjects, the Inhabitants afore-
said, in Consequence of which mercenary and oppressive Administration,
and tyrannical Legislature, those Inhabitants are reduced to a State of
Anarchy, and not only so, but are obliged to stand on their Defence;
for they are not only denied the civil Privileges of English Subjects,
but by the Tenure of the Laws aforesaid, they are liable to be attainted
of Felony, and to suffer Death, or Loss of Property, without a Trial.
This is repugnant to the most essential Part of the English Constitution,
and subversive of its greatest Privilege, namely, that of Trial by Jury.
Furthermore, the Consequences resulting from such Legislation, and
Administration, hath in great Measure deprived these Inhabitants of
the great and inestimable Privileges of Christianity; and if not timely
prevented, must inevitably sink their Posterity into a State of Barba-
Covenant and Resolutions of 1775. 493
rism and Ignorance well fitted for Tenants to the New-York Patentees.1
And,
Whereas this Convention evidently perceive that those Inhabitants
cannot any longer subsist in such anarchial Circumstances, and at the
same Time hold such a Connection, and maintain such Regulation as is
necessary to defend their Persons and Property against the arbitrary
and avaricious Designs, and subtle Intrigues of Oppressors, therefore
find it necessary to concert some effectual Measures among Ourselves
and Constituents, whereby this salutary End may be practicable. Merety
Anarchy, with its usual Concomitants, is a difficult and unhappy Condi-
tion for so large a Number of People; but add to these negative Evils
under which we have so sensibly suffered, for Want of Government, the
positive Evils of venal Legislation and Administration, with their usual
Concomitants; and take into one complex View, those twelve Acts of
Out-La wry, and the several Proclamations which have been issued from
Government,2 with large Sums of Money therein offer'd, for the purpose
of apprehending our Inhabitants; and that for no other Cause but for
their virtuous and public spirited Zeal in manfully ascertaining and
defending the natural and legal Rights of the Inhabitants of this Dis-
trict. This Reflection must convince all capable Judges, that both the
Lives and Property of our Inhabitants are exposed, and that in the most
superlative Degree. This Convention, from these cogent Reasons, and
from many others too prolix to be here inserted, are fully persuaded lhat
the extreme Circumstances of our Settlements, lay our Inhabitants
under the strongest Necessity of forming in some Measure, into a civil
and political Body, for the better ordering and regulating the Community.
THEREFORE, We, His Majesty's loyal Subjects, the Repre-
sentatives aforesaid, in Convention assembled, Do, for Ourselves, and in
Behalf of our Constituents, that are settled in those Townships, which
were granted by the Government of New-Hampshire, and which are
situate to the Westward of the Heighth of Land called the Green Moun-
tains, and to the Northward of the Province of the Massachusetts-Bay,
and on the Rivers Otter-Creek and Onion River, and the Lands contig-
uous to Lake Champlain, to the Forty-Fifth Degree of Northern Lati-
tude, which are comprehended in those Townships Do Covenant,
and upon the Principles of Honor, Virtue, and Self-Preservation, Enter
into a temporary Compact, and on the good Faith of each other, and by
Virtue of the Compact thus established, this Convention proceed to
make such just and equal Rules, Injunctions, Constitution and Officers
as are judged necessary and expedient, for the best Good of the Inhabi-
tants of this District aforesaid.
Always provided, nevertheless, arid it is the true Intent and Meaning of
this Convention, That provided this, our temporary Compact, (which is
solely calculated for the Purpose of present Safety, and to ward oft"
1 The charters granted by New Hampshire reserved shares or lots in
each town for the support of the gospel and schools; while the charters
granted by New York contained no reservations for these purposes.
Hence the above objection to the New York system.
2 Gov. Colden's of Dec. 12 1769, for the arrest of James Breakenridge
and others ; Gov. Dunmore's of Nov. 1 1770, for the arrest of Simon
Hathaway and others; and Gov. Tryon's of Dec. 9 1771, for the arrest
of Robert Cochran and others, and of March 9 1774, for the arrest of
Ethan Allen and others. — See Documentary History of New York, Vol.
IV, pp. 379, 405, 45G, 526.
494 Additions and Corrections.
impending Ruin, in so critical a Situation, till his Majesty shall deter-
mine our Controversy with the Government of New-York) shall be
disagreeable to his Majesty's Pleasure, upon the least Notice thereof,
this Convention will immediately desist from upholding the same, and
conform to his Majesty's Determination, in all Things. In Witness that
this is the temporary Compact of this Convention, with the Condition
of the cessation of the same, the Members thereof have hereunto
subscribed their Names, the [here blank for the date] and in the Fif-
teenth Year of his Majesty's Reign. [Here was a blank sufficient for
many signatures.]
The Government of New- York, by their appointment of Men to the
Magistracy who inhabit in sundry of those Townships, that are inimical
to the Country, evinces that it was not for its Good that they were
commissionated, but, on the Contrary, that they might be instrumental
of its Distraction; their baneful Influence hath been conspicuous, the
Schisms and Divisions they are perpetually making and fomenting
among the People, with the help of sundry other sordid Wretches
among us, that are still gaping after Titles from New-York, portrait
their malevolent Designs against their Country, which is to divide and
conquer. This is the Merit they expect will ingratiate them into the
Favour of a Government that have devoted this Country to Ruin; and
let any Persons of common Discerning, only reflect on the Nature and
Design of those Acts of Out-Lawry before spoken of, and compare them
with the Appointment of these vile Wretches into the Office of Magis-
trates, and they will discover a premeditated Harmony of Design to run
through the Whole. No Effect whatsoever can be more justly ascribed
to its Cause, than the Appointment of such Pests of Society to the Rank
of Magistrates, by a Government whose Design in framing the Laws, as
well as in that of appointing Magistrates, were the same with those of
Ahab, King of Israel, who conspired against Naboth the Jezreelite, to kill
him, to take Possession of his Vineyard.
It is therefore the resolution of this Convention, That all Officers, of
whatsoever Denomination or Rank, more particularly Magistrates that
have been commissioned, or any Way authorised by the Government of
New- York, which inhabit in any of those Townships which are compre-
hended in this District, forthwith to surcease such Commission, and
wholly renounce such Authority ; and they are accordingly, by this
Convention, forbid to officiate in the same, on the Penalty of the Re-
sentment of their injured Countrymen.1 And,
Whereas several designing and treacherous Men that inhabit this
1 The following certified copy of a similar resolution, adopted by a
Convention holden at Manchester, March 12 and 13 1774, is found in an
affidavit of Benjamin Hough of Socialborough [part of Clarendon,]
dated Aug. 24 1774.— See Documentary History of New York, Vol. iv, p.
532. This resolution is the only part of the record of that Convention
which the editor has been able to find:
Gentlemen the following is proposed whether it be to your minds that
any person or persons in the New-Hampshire Grants under the present
situation of affairs that have or shall presume to take commission or
commissions of the peace shall by the Grantees in general be deemed
an Enemy to their Country & Common cause untill his Majesty's
pleasure in the premises be further known: passed in the Affirmative
all yeas & No Nays at a general meeting holden at Manchester 12th
Day of April A. D. 1774 and by adjournment to the 13th.
per Jonas Fay Clerk of the said Meeting.
Covenant and Resolutions of 1775. 495
District, have of late been very assiduous in prosecuting and endeav-
ouring to carry into Execution the Design of the Government of New-
York, and its Land-jobbers, in Prejudice to their Fellow-Settlers,
thereby to ingratiate themselves into the Favour of that Government,
in Order to partake with its Honors, and with them, and their Train
of Land-monopolizers, to share a Division of their Neighbour's Posses-
sions and Labours: Therefore, in order to prevent their baneful Influ-
ence, this Convention have thought it Expedient to lay an Injunction
on every Inhabitant comprehended in this District, not to receive any
Commission or Post of Honour or Profit under the Government of New-
York, till such Time as that Government obey his Majesty's Orders
relative to their Conduct towards the Inhabitants of this District, and
till his Majesty shall fully settle the Controversy between those Inhabi-
tants and that Government.1
And accordingly, this Convention doth strictly prohibit any Person
or Persons whatsoever, that inhabit in any of those Townships compre-
hended in this District, from receiving any Commission or Commissions,
or Post or Posts of either Profit or Honour under the Government of
New-York, during such Time as is in the Preamble specified; and the
Inhabitants of this District are directed and ordered by this Convention
to govern themselves accordingly. And,
Whereas Mr. Goldsbrow Banyar and Mr. John Kelley, of the City of
New-York, in the Month of September 1774, did make a Tour through a
considerable Part of this District, with a Design as is supposed, to
divert the People from their true Interest, by propagating Divisions,
and deluding the ignorant and unwarry by falacious and groundless
Representations, and it being conjectured from the highest Ground of
probability, that the old Adversaries of those Inhabitants, viz. Mr.
James Duane and Mr. John [Taber] Kemp, of the same City were privy
to, and assistant Schemers of the aforesaid Intrigues of Banyar and
Kelley.2 And provided the aforesaid James Duane, John Kemp, Golds-
brow Banyar, and John Kelley, or either of them, shall in future pre-
sume to come within this District, it is earnestly recommended by this
Convention to any and every of the said Inhabitants, to apprehend
-■-The words "the Design of the Government of New-York, and its
I^and- Jobbers" and u their Train of Land-monopolizers,'1'1 in the above
preamble, furnish Gov. Hall additional evidence pertinent to his con-
troversy with Henry B. Dawson, as to the phrase " Land-Traders of
New York " in the Vermont petition to Congress of 1776. — See Vermont
Historical Society Collections, Vol. n, pp. xi-xiii.
2A11 these persons were officers or favorites of the New York govern-
ment; all. also, except Duane, were subsequently tories, though Banyar
and Kelly seem to have escaped attainder; and all of them held enor-
mous grants of Vermont land from New York, to wit: Deputy Secretary
Banyar, 144,600 acres ; Deputy Attorney General Duane, 52,500 ; John
Kelly, 115,119; and Attorney General Kempe a very large amount, though
how much is not known. The property of the latter was confiscated by
the Whigs, and his name does not appear in the list of claimants to the
$30,000 paid by Vermont; nor does Kelly's, as his claim was rejected,
partly for the reason that he had compromised with Vermont and
received grants of land by its authority. — See H. Hall's Early History
of Vermont; and Sabine's Loyalists of the American Bevolution, Vol. i.
496 Additions and Corrections.
them or either of them, and safely conduct them or either of them to
Bennington, and bring any of them so taken before the Elders of the
People, and principal Officers of the Green Mountain Boys, that
thej7 or either of them may be interrogated concerning such Misde-
meanors, and be further dealt with as to Justice may appertain. It is
furthermore advised that our Inhabitants be much on their Guard, and
be wary of Spies and Deceivers. And,
Whereas sundry Proclamations have been issued from the Comman-
der in Chief of the Province of New-York, for the Purpose of appre-
hending sundry of the Inhabitants of this District for no other Cause
but for their indefatigable Zeal in defending and maintaining the
natural and legal Rights of the Inhabitants thereof, from the Usurpation
of the overgrown Land Monopolizers of New- York, who corrupt and
sway the Government. And Whereas in the same Proclamations there
are large Sums of Money offered for the Purpose aforesaid, together
with a special Injunction on all Magistrates, Justices of the Peace,
Sheriffs, and other Civil Officers of the Counties of Albany and
Charlotte, (which District is included in these Counties,) to be active
and vigilant in apprehending those Men;1 which Injunction they are
under the solemnity of an Oath obliged to exert themselves to obey,
and as such Magistrates and other Civil Officers which dwell among us
have a much better Opportunity to apprehend them than those other
Magistrates and Officers in the same Counties who inhabit to the West-
ward of this District, and not only so, but shew a far greater Propensity
for so doing — this being an essential Condition of their Appointment to
Office.
These Considerations may serve as a further Reason why this Con-
vention have deposed them; for it is their fixed Resolution to defend
those Men, though it should be at the Hazard of the Blood and Trea-
sure of the Inhabitants of this District, and by these Presents further
certify the Public, that provided any Person or Persons whatsoever, but
more particularly the Magistrates and other Civil Officers of the Coun-
ties aforesaid presume to apprehend them, they do it on their Peril. — It
is nevertheless the Resolution of this Convention, and they earnestly
recommend it to the Inhabitants of this District, that they pay Deffer-
ence and Submission to the Courts as by Law established in both of the
Counties of Albany and Charlotte, in which they respectively belong,
and to all and singular of the Magistrates in these Counties, which
inhabit to the Westward of this District, excepting in such Cases only,
wherein the Title of Lands within this District, or Persons indicted as
Rioters for defending the Possession thereof are concerned.
And Whereas there hath been received authentic Intelligence that
Complaint hath been made against Mr. Lonsingh, Sheriff" of the County
of Charlotte to the Lieutenant Governor of the Province that he is a
Coward, and that Captain [Robert] Cochran frighted him with the
Present of an Ink-Horn, (nevertheless it was instead thereof a loaded
Pistol.) Mr. Parker at the same time boasting of his Courage, Mr.
Lonsingh was dismissed, and Mr. Parker succeeded to the Office of
Sheriff, on his great Encouragement to take the Persons aforesaid, pur-
suant to the Proclamations And, inasmuch as Mr. Parker hath stipu-
lated to take these Men, and hath succeeded Mr. Lonsingh on this very
Condition, and hath thereby declared himself an avowed Enemy not
only to them, but also to the Inhabitants of this District in general, who
place much Confidence in them. Therefore this Convention advise,
1 Ethan Allen and others named in Gov. Tryon's proclamation of
March 9 1774.
Covenant and Resolutions of 177 5. 497
provided the said Parker shall presume to come within this District in
the character of Sheriff or otherways, that the Inhabitants thereof treat
him as an Enemy to the Lives of their best Friends, and to their Prop-
erty in general, and that in like Manner they would treat any Person or
Persons deputed by him, to the End that his Courage in the Premises
may be manifested, and the Governor disappointed.
Always provided nevertheless, and it is the true Intent and Meaning
of this Convention, Not to hinder, or any Ways molest or impede the
Sheriff of the County of Albany or any of his Deputies, or any of the
Constables of either of the Counties of Albany or Charlotte, which
inhabit to the Westward of this District, in the due Exercise of their
Office in the same, except in Cases of Land Disputes, or taking of
Rioters, as is before excepted : But on the contrary, it is hereby
Resolved, that the Inhabitants aforesaid afford them all the Assistance
in their Power when by them requested, as it is presumed they will not
attempt to officiate in those Cases excepted to them as aforesaid; in
which Cases they are by these Presents absolutely prohibited from
officiating in their respective Offices on their Peril.
It is lastly the Resolution of this Convention, that the three principal
Officers in each respective Company in the Regiment of Green Moun-
tain Boys, forthwith muster their Companies, and see that each
Soldier be furnished with a good Firelock, and Ball or Buck-Shot
answerable, and a good Tomahawk, and hold themselves in Readiness
at a Minute's Warning, to maintain inviolable the foregoing Compact
and Resolutions of this Convention, until such Time that his Majesty's
Pleasure be known concerning the same, or till he shall so exert his
Royal Authority as to determine the Controversy, and bring the Gov-
ernment of New- York to a Compliance therewith. And it is the Advice
of this Convention that the Laws of Outlawry before eluded [alluded]
to should be here inserted, with their Answer, and that sundry of these
Pamphlets be distributed to each Town in this District, that the Inhabi-
tants may know and practice agreeable to the Covenant and Resolutions
herein specified, and that not only our Inhabitants, but all impartial
Readers may perceive that it is not a licentious and riotous Spirit which
hath dictated this Convention in their Proceedings: But on the con-
trary, that Wisdom hath been their Guide, and Self-Preservation their
Motive.
Here follow the New York act of out-lawry, of March 9 1774, and the
reply thereto by Ethan Allen and the other persons out-lawed, James
Breakenridge excepted; for which see Yol. I, pp. 472-482. To the
reply, as printed in 1775, was added a nota bene, which was not given in
Ethan Allen's Vindication. This was for the benefit of Mr. Breaken-
ridge. It was as follows:
JV". B. Whereas Mr. James Breakenridge, hath the Honour to be
enroled a Rioter with us we can assure the Public that this worthy
Gentleman hath never been concerned with us in any Mob whatsoever;
but that he hath relied on a go.od Providence, and the regal Authority
of Great-Britain for the Confirmation of the New-Hampshire Charter:
exclusive of all forcible Measures whatsoever.
There are other differences in the two copies, but none of importance.
Maj. Stephen Royce, Vol. I, pp. 15, 23, 26, 287. — Maj. Royce came to
Tinmouth in 1774, from Cornwall, Conn. Mrs. B. H. Smalley, in a
memoir of the Royce family, states that he was an officer in the army
33
498 Additions and Corrections.
of the revolution. He was the father of Stephen Royce, one of the first
settlers of Franklin and Berkshire; grandfather of the late Gov. Stephen
Royce, and Elihu Marvin Royce, both of Berkshire, and of Hon. Rodney
C. Royce of Rutland, — all of whom were brothers; and great grandfather
of Hon. Homer E. Royce, formerly of Berkshire, and now of St. Albans,
who is a son of Elihu Marvin Royce. — See Vt. Historical Magazine, Vol.
II, article " Berkshire."
Ira Allen, Vol. I, p. 111. — His birth was there given, on the authority
of Hon. David Read of Burlington, as of April 21 1751. Mr. Allen
himself stated the date to be the first day of May. — See his History in
Vt. Hist. Soc. Collections, Vol. I, p. 421. The new style of the calendar
was adopted by the British parliament in the year Allen was born, but
the act did not go into effect until 1752. One of these different dates
must have been of the old style, and the other of the new. The year
1752 being leap year, eleven days were dropped from the old style by
order of parliament; whereas if the change had been in the year of
Allen's birth, ten days only would have been dropped, as ordered by
Pope Gregory XIII. in 1582. The dropping ten days from April 21 1751
made the 21st of April old style identical with May 1 of the new.
Moses Robinson, Vol. I, p. 128. — The date of his birth should be March
26 1741, instead of 1744.
Doct. Paul Spooner, Vol. I, p. 129. — The statements that Lieut. Gov.
Spooner removed from Hartland to Hardwick and was the first town
clerk in 1795, and the first representative in 1797, 1798, and 1799, were
made on the authority of B. H. and Hiland Hall's histories, and were
apparently confirmed by the Vt. Historical Magazine, Vol. I, article
" Hardwick," and by Deming's Catalogue. Lieut. Gov. Spooner died
at Hartland, Sept. 5 1789, and Paul Spooner of Hardwick was his
second son. This correction is made on the authority of Whipple
Spooner, son of the late Paul Spooner of Brandon, who was a nephew
of Doct. Paul Spooner.
Doct. Jacob Roback is written Roback, Rhuback, and Ruback in the
journals of the Council. — See Vol. i; also Vol. ii, p. 21. In one instance
his own signature is copied as Roback; in another Ruback. Like vari-
ations occur in the Vermont military pay-rolls. He was born near Lu-
beck, Prussia, about 1740, was of Swedish descent, and graduated as a doc-
tor of medicine. He volunteered with the Hessian troops who joined Bur-
goyne's army at Quebec; but being greatly disappointed at the position
assigned to him, the Doctor deserted on the first opportunity and made
his way to Connecticut; and from thence as early as August 15 1777 to
Vermont, as on that day he was employed as surgeon to the Vermont
troops under Gen. Stark. He served as such at the battle of Benning-
ton, and at the subsequent battles with Burgoyne; and March 20 1778, '
he was appointed surgeon in the service of Vermont, and served as oc-
1 Erroneously printed 1776 in Vol. I, p. 143.
Additions and Corrections. 400
casion required until the close of the war. From about 1784 he resided
in Shelburne, or in Essex or Clinton counties, N. Y., until 1792, when he
settled in Grand Isle, and there remained until his death in April 1809.
He was eminently skillful in his profession, had many virtues, and one
vice, which, the Doctor said, prevailed among the surgeons in both the
American and British armies. Kev. Asa Lyon preached the funeral
sermon from the text — " Physician, heal thyself," and in allusion to the
Doctor's vice exclaimed, in the words of Shakspeare, "O, that men
should put an enemy into their mouths, to steal away their brains T' — See
Vt. Historical Magazine, Vol. II, pp. 541, 548.
Col Seth Warner, Vol. I, p. 160.— The date of his death is Dec. 26
1784. The fact that he was appointed Brigadier General by the Ver-
mont Assembly, March 20 1778, was omitted from the biographical note.
Warner was then and afterward in the Continental service, and the
design of the Assembly probably was to give him the command of the
Vermont troops whenever they acted in conjunction with his Continen-
tal regiment.
Beo. Dr. Samuel Williams, Vol. i, pp. 177, 178. — The editor was in
doubt whether the pass issued by the Council of Safety, Sept. 22 1777,
applied to the Bev. Dr. Williams, inasmuch as it does not appear that
he came to Vermont previous to 1788. The pass was probably issued to
Hon. Samuel Williams, another gentleman of the same name, who
came to Rutland as early as 1777; and he it was who held all the civil
offices which were assigned to the Rev. Dr. Williams in the biographi-
eal note. A biographical notice of the Hon. Samuel Williams, by
Chauncey K. Williams, Esq.. of Rutland, is reserved for use in the
appropriate place.
Joseph Bowker, Vol. i, p. 190.— The date of his death is July 11 1784.
The Lieut. Governor as Maj. General, Vol. I, p. 257.- The note on this
subject is correct as far as it goes; but the fact should be added that, by
the militia act of Feb. 1779, the post of " Major General of and over all
the military forces within " Vermont, was given to the Lieutenant Gov-
ernor, ex officio. — See Slade's State Papers, p. 305.
Elisha Payne, Vol. I, p. 278. — Lieut. Gov. Payne was not the Capt.
Paine referred to. Lieut. Gov. Payne came to New Hampshire from
Canterbury, Conn.
Bev. Drs. Samuel and Samuel A. Peters, Vol. i, pp. 403, 404. — The
date of the publication of the American edition of Samuel A. Peters's
History of Conneciicut should be 1829. Chauncey K. Williams,
Esq., of Rutland, in a private letter to the editor^ has cited many
authorities which apparently prove that the author of the life of Rev.
Hugh Peters, and of a History of Connecticut, was the Rev. Dr. Sam-
uel Peters, of Hebron, Conn., and not the Bev. Dr. Samuel A. Peters.
the younger, of the same place. Several other authorities might be
cited to the same point; yet the editor is persuaded by the latest biogra-
500 Additions and Corrections.
phers, Drake and Allibone, that Samuel A. Peters of Hebron, Conn.,
was the author of the books named, and was also the Bishop elect of
Vermont; but he is inclined to the opinion that it was the Rev. Dr.
Samuel Peters (the eldest of the two reverend doctors of Hebron.) for
whom the younger claimed the honor of christening Vermont. — See Vol.
I, p. 403. In Samuel A. Peters's history of Connecticut, the Rev. Dr.
Samuel Peters is spoken of in terms highly complimentary, and it must
be concluded either that the author of the book was a monstrous egotist
in so writing of himself, or that his compliments were intended for
another — by the Rev. Dr. Samuel A. the younger, for the Rev. Dr. Samuel
the elder — both of Hebron, Conn., both clergymen in the Church of
England, both Tories in America, and both refugees in England at the
same time. The two persons have been doubtless confounded by the
extraordnary parallelism in their names, birth-place, residence, profes-
sion, and history.
Dartmouth College, Vol. i, pp. 278, 428. — The suggestions as to the in-
terest and influence of the officers and corporators of the college in the
union of Western New Hampshire and Vermont, are confirmed by the
following unique document:
Landaff October 3: 1781. 1
We the inhabitants of s(1 Landaff having a Laudebel atachment to the
State of Newhampshier and Likewise to the thirteen united States of
America and as We Live wheir Vermont Claims Jurisdiction have Re-
ceived so maney insults from that Quarter and are Now in Verry Grate
feear of Being insulted by them and Especially from the Emesseries of
the Colledge Do humbly Petition to the Honourabel Court of New:
hampisher for ade and Protection Against the insults and abuses of the
Vermont, and especely the Emeserries of the Coledg Which your Peti-
tioners in Duty Bound Shall ever Pray John Clark, Jur.
John Clark
James Crisssy
Ebenezer Clark
Jonathan Clark
\f illiam Churchill
Nathaniel Rix
Vol. i, p. 477. — " James Smith " should be John Smith.
Vol. ii, p. 10. — The last remark on the page applies to the resolution
of Oct. 25 1779 only.
Vol. ii, p. 27. — "Mr. Speaker" in the list of Yeas was Thomas
Chandler, jr.
Vol. ii, p. 38.— u Capt. J. [probably Jesse] Safford" should be Capt.
Joseph Safford.
Vol. II, p. 52. — The grantees of Gilead [now Brighton'] were Elihu
Marvin and Company. The grant in blank to "Rossettee Griffin &
Company" was of the town of Walden, to Capt. Rossiter Griffin and
Company.
1 N. H. State Papers, Ms., Vermont Controversy, 1764-91, p. 239.
Additions and Corrections. 501
Vol. II, p. 54. — The grant to " Gatesborough " was of the town now
named Salem.
Vol. II. p. 55. — For "Major Elijah Buel" in (he grant to Coventry,
read Major Elias Buel-
Yol. II, p. 76. — "William Cotter" should -be Willard Cotter.
Vol. II, p. 81. — In the list of relieved proprietors of Royal ton " Peleg
Parkhurst " should be Tilly Parkhurst.
Hon. Jonathan Freeman, Vol. n, pp. 96, 295, 299, 302. Jonathan
FREEMAN, of Hanover, N. II., was prominent in the Vermont councils
in 1781, and afterward equally so in New Hampshire, where he was a
member of the Council from 1789 to 1797, member of Congress, from
1797 to 1801, and one of the trustees and overseers of Dartmouth Col-
lege. He died in 1808, aged 63 years.
Vol. II, p. 295. — "Mr. John Dunton, Acworth, N. H.," should bo
John Duncan.
Vol. ii, p. 296, note 1.— "Ebenezer Dewey" should be Ebenezer Dewey
jr.
Vol. ii, p. 302, fifth line from the top. — "B. Smith" should be Samuel
Smith.
Vol. II, p. 323, note 1.— The date of the proceedings referred to should
be Oct, 16-19 1781.
Vol. ii, p. 368.— "Ichabod Bartlett" should be Josiah Bartlett.
Vol. II, p. 375. — Add to the statement of the second vote in Congress
the words Connecticut divided.
ACKNOWLEDGMENTS.
The editor is obliged to the officers of the State Department at Wash-
ington, on the request of Hon. Justin S. Morrill, for the use of origi-
nal documents touching Vermont which had never been printed, copies
of which have been carefully made by C. L. Dana ; to the officers of
the State Department of New Hampshire for copies of several original
documents on the Second Union of New Hampshire towns with Ver-
mont, and the consequent collisions of authority; to Henry L. Lamb,
Esq., of Albany, N. Y., for a copy of Gov. Chittenden's Proclamation
of July 18 1781; to Chauncey K. Williams, Esq., of Kutland, and
Whipple Spooner of Burlington, for the correction of errors in the
first volume; to the publishers of Miss Abby Maria Hemenway's
Vermont Historical Magazine, for the use of the engraved plate of Ira
Allen, and to the historian, Benson J. Lossing, for liberty to copy
Gov. Hall's history and description of the Catamount Tavern and Ver-
mont Council Chamber, from The American Historical Record.
GENERAL INDEX.
Abeel, David, 461, 464.
Abbott, Capt. [ Col. ] John, 302,
329-30, 333, Ml.— Letter of: to
Lt. Col. Henry Van Rensselaer,
Dec. 16 1781, 333.
Absentees, Estates of, 96.
Act of New Hampshire, Nov. 28
1781, to enforce its authority in
Cheshire and Grafton counties,
336.
Acts of New York, April 14 1782,
to quiet the inhabitants of Ver-
mont, 391-394.
Acts of Vermont, to enforce its
authority by posse comitatus, 161 ;
on the Western Union, to form
the acquired territory into town-
ships, &c, 304; on town meet-
ings, and duties of listers, 305; to
empower heads of classes to tax
for military purposes, 306.
Adams, Col. Andrew, 56.
Adams, President John, 50, 195.
Adams, Gov. Samuel, of Mass.,
194-5, 197.— Letter off to Thomas
Chittenden, 195.
Adams, Doct. Samuel, of Arling-
ton, 166.
Additions to and Corrections of
Vols, i and II, 489-501.
Address of eleven towns in West-
ern New Hampshire to the in-
habitants of that province in
1776, abstract of, 170-71.
Agents of Vermont at Congress,
19, 35, 39, 132, 143, 145, 150, 152,
155, 157, 382, 385. — See Delegates.
Ahab, king of Israel, 494.
Aiken, Deac. Edward, 8, 32, 299,
301.
Alexander, William, Lord Stirling,
453, 455-6.
Alsrer, John, 139.
Alexander, Reuben, 283.
Allen, Col. Ebenezer, 9, 11, 14, 20,
21, 28, 30, 33, 35, 37, 38, 47, 48, 60,
67, 68, 140, 141.
Allen, Gen. Ethan, 6, 7, 12, 13, 19
25, 35, 45-49, 54, 88-9, 91, 107-8,
112, 133, 162-3, 166-7, 169, 175-6,
181, 191-94, 210, 223, 240, 260, 319,
331, 335, 351, 355, 383, 396-401,
404-6, 408-414, 416-422, 427-8,
430-31, 437-8, 440, 444, 449, 473-5,
482-4, 488-9, 491. 493, 496-7.
Notes: on declining office of Brig-
adier General, 89 ; on Beverly
Robinson's letters and Allen's
connection with the Haldimand
Correspondence, 90-92; on a re-
markable letter to Gov. Clinton,
107; on Allen's commission to
suppress insurrection in Wind-
ham county, September 1782, 163.
Pamphlets : Concise Refutation
of the claims of New Hampshire,
Massachusetts, and New York to
the territory of Vermont, Jan.
1780, by Ethan Allen and Jonas
Eay, 223-234; Defense of the Eas-
tern and Western Unions, Jan.
1782, 355-363. Letters of: Ethan
Allen and Jonas Fay to Congress,
July 1, 1779, 169; Ethan Allen to
the President of Congress, March
9, 1781, 406; Ethan Allen to Gen.
Frederick Haldimand, June 16,
1782, 470.
Allen, Mrs. Ethan, and daughter,
440.
Allen, Maj. Heber, 417, 464.
Allen, Col. Ira, 1, 4, 5-9, 14-18, 28-
30, 33, 35-44, 50, 53, 60-64, 68, 70,
73-75, 77, 81, 85-88, 90, 92, 98, 100,
101, 106, 108, 110-123, 125, 127, 129-
133, 152, 154-159, 162-64, 173, 190-
92, 198, 201, 207, 211, 220, 231-2,
235-7, 254, 259-263, 266, 268-9, 271,
504
General Index.
277-8, 284, 286, 288-9. 291, 297,
302-4, 312-14, 316-21, 323-5, 329-
30, 340-41, 344, 347-51, 353, 365,
368-9, 371, 373-4, 377, 399, 400, 401,
403, 408-414, 416-435. 437-441, 443-
445, 464, 468, 470, 472, 474-5, 477,
479, 489, 490, 498. Certificates for
the protection of, 427, 431; Com-
mission as Agent to Congress,
Aug. 1780, 254; as Delegate, July
1781, 316. Mission of, to the mid-
dle States, in 1780, 235-237. Ex-
tracts from his writings: On the
hearings in Congress, Sept. 1780,
263, and Aug. 1781, 319; on his
first meeting with the British
Commissioners, May 1781, 408;
on the inquiry in the Vermont
Assembly as to the Haldimand
Negotiation, 426, 430; on the third
interview with the British Com-
missioners, Sept. 1781,440; on the
spirit of the Haldimand Negotia-
tion, 479; on the Collisions in the
Eastern and Western Districts,
1781-2, 347-350; on the Dissolu-
tion of the two Unions in 17^2,
419; secret history of the Charles-
town Convention of Jan. 16, 1781,
284; on the intercepted dispatch
of Lord George Germain to Sir
Henry Clinton, 312; account of
the proceedings in Congress on
Vermont, Jan. to March, 1782,
377. Letters of: To the Council
of Pennsylvania, in 1780, 236 ;
Ira Allen and Stephen R. Brad-
ley to Congress, Sept. 12 1780,
253; same to same, Sept. 15, 1780,
258, and Oct. 2 1780, 262; remon-
strance of, against the action of
Congress, Sept. 22 1780, 264-266;
Jonas Fay, Ira Allen, and Beza-
leel Woodward to the President
of Congress, Aug. 14 1781, 316;
proposals of, to Congress, Aug. 18
1781, 317; Ira Allen and Roger
Enos to Josiah Bartlett, Dec. 29
1781, 325; Ira Allen to Col. Thos.
Lee, Dec. 8 1781, 330; Ira Allen
and Jonas Fay to the President
of Congress, Jan. 30 1782, 368 ;
same to Hon. Samuel Livermore,
Feb. 5, 1782, 368; their memorial
to Congress, Feb. 7 1782, 369; Ira
Allen, Jonas Fay, and Abel Cur-
tis to Samuel Livermore, Feb. 12
1782, 369; same to President of
Congress, Feb. 13 and 16 1782,
371, and Feb. 21 1782, 373. Ira
Allen to President of Congress,
March 10 1781, 408; by Maj. Ler-
noult, to Gen. Haldimand, May
11 1781, 415; information to same,
same date, 418; to Maj. Lernoult,
May 21 and 22 1781, 424; to Gen.
Haldimand, July 10 1781, 430.
Ira Allen and Joseph Fay to Gen.
Haldimand, Sept. 20 1781, 441 ;
queries to Allen and Fay, and
their answers, 442; Ira Allen to
British Commissioners, Oct. 1781,
451; to Gen. Haldimand, July 11
1782, 472.
Allen, Mrs. Ira, 108.
Allen. Capt. Parmalee, 35.
Allen, Timothy, 35.
Alliance and Confederation with
other States proposed by Ver-
mont, 257, 206.
Allibone, S. Austin, 500.
Amherst, Gen. Jeffrey, 140.
Andrews, Isaac, 56.
Andross, Lieut. Joseph, 99.
Andrus, Jehiel, 83.
Andrus, Timothy, 56, 120, 139, 147.
Answers of Vermont Commission-
ers to queries of British Com-
missioners, (Jet. 1781, 451; of
Vermont Delegates to queries of
a committee of Congress, Aug.
1781, 318.
Anti-republican argument urged in
behalf of New York, 270.
Appeal to the candid world, 1779,
by Stephen R. Bradley, 200-222.
Apthorp, Thomas, 73.
Arms, John, 156.
Arnold, Gen. Benedict, 92, 108,
398, 415, 454, 457, 469.
Arnold, Dr. Jonathan, 51, 148, 260.
— Biographical note, 51.
Ashley, Capt. Oliver, 283, 295. 299,
302.
Ashley, Samuel, 283.
Assembly, members of, attendance
compulsory, 148.
Atkinson, Theodore, 207, 230.
Atlee, Hon. Samuel J., of Pa., 179,
320, 375.
Austin, John, 298.
Avery, Rev. David, 41.
Avery, Samuel, of Westminster, 77,
101, 103. -Biographical note, 104.
General Index.
505
Aveiy, Samuel, Esq., probably of
New York, 140, 145.
B
Baker, Absalom, 57.
Baker, Corporal, 142.
Baker, Capt. Remember, 166, 167.
Baldwin, Asa, 143, 150.
Baldwin, widow Elizabeth, 83.
Banyar, Goldsbrow, 495.
Barber, Elisha, 301, 304.
Barney, Aaron, 96.
Barney, Capt. John, 9.
Barrett, John, 72, 151, 321.
Barron, John, 121.
Bartholomew, Timothy, 32, 144,
294, 302.
Bartlett, Gov. Josiah, [erroneously
printed Ichabod as a correction
for Elisha, on p. 368,] 246, 325,
342, 368, 501.
Bartlett, Capt. Samuel, 72, 133. 293,
301.
Barton, Gen. William, 122, 123, 125,
148. — Biographical note, 123.
Battle of Bennington, 167, 176, 287,
346, 352, 415, 498; of Bunker Hill,
2; of Hubbardton, 352; of Lex-
ington, 213.
Batty, Capt. 306.
Baume, Lt. Col. Frederick, 167.
Bayley, Capt, Frye, 107, 141.
Bayley, Gen. Jacob, 91, 444, 445.—
Letters of: to President Weare in
1780, and Gen. Washington in
1781, 444.
Bayley, James, 299.
Bayley, Col. Ward, 124, 149, 299.—
— Biographical note, 124.
Beach, Gershom, 66.
Beach, Lieut. Samuel, 145.
Bean, Eliphalet, and Enoch, 139.
Beardslev, Hannah, 42.
Bedel, Col. Timothy, 89, 96, 98, 100,
101, 280, 296, 468-9.
Bedel, Timothy, Esq., 96, 296, 299.
Bee, Hon. Thomas, of S. C, 320,
390.
Beech Seal, 166.
Belcher, Gov. Jonathan, 197.
Belknap, Rev. Jeremy, 171, 345;
his account of the second East-
ern Union, 345-347.
Bellows, Col. Benjamin, 88, 107,
278-280, 283, 321, 335, 337-8, 343,
412, 431. Letters of: to Meshech
34
Weare, Nov. 29, 1781, 337; Jan.
2, 1782, 343, and Jan. 10 1782, 344.
— Biographical note, 89.
Benedict, Hon. Elias, of N. J., 316,
320, 371, 374, 377.
Benedict, Mabel, 22.
Benedict, Thomas, 302.
Benjamin, Capt. John, 11, 78, 86,
145.
Bennett, Benjamin, 162.
Bennett, Isaac, 298.
Benson, Daniel, and Moses, 159.
Benson, Robert, 465.
Benson, Stutson, 306.
Benton, Jonathan, and Medad, 81.
Benton, Samuel, 125, 133. — Bio-
graphical note, 125.
Berkshire county, Mass., 440, 459.
Betterment acts, and suspension of
suits involving the title to land,
123.
Bettys, Joseph, 469.
Bicknell, Amos, 66.
Bigelow, Josiah, and Jotham, 155.
Bigelow, Col. Timothy, 45, 63. — Bi-
ographical note, 45.
Bigelow, William, 155.
Billings, John, 81.
Billings, Samuel, 41, 44.
Bills of Credit issued by Vermont,
64, 82, 83, 89, 102-105, 107, 123,
124, 149, 150.
Bingham, Nathaniel, 335, 337, 342.
Bingham, Solomon, 294, 301.
Biographical notes: Hon. Andrew
Adams, 56; Capt. Parmalee Al-
len, 35; John Arms, 156; Dr.
Jonathan Arnold and descen-
dants, 51 ; Samuel Avery of
Westminster, 104; Gen. William
Barton, 123; Col. Ward Bayley,
124; Col. Benjamin Bellows, 89;
Samuel Benton, 125; Joseph Bet-
tys, 469; Col. Timothy Bigelow,
45; Hon. Stephen R. Bradley,
200; Col. Ebenezer Brewster, 98;
Col. Nathaniel Brush, 132; John
Chandler, 73 ; Hon. Charles
Chauncey, 150; Hon. Noah Chit-
tenden, 132; Maj. Thomas Coggs-
well, 110; Col. Ebenezer Cratts,
55; Gen. William Eaton, 202;
Rev. Jonathan Edwards, 149 ;
Gen. Roger Enos, 108; Lieut.
Col. Samuel Fairbanks, 121; Col.
Joseph Farnsworth, 126; Amos
Fassett, 132; Hon. John Fassett,
506
G-eneral Index.
jr., 1; Gen. Samuel Fletcher, 2;
Gen. Nathaniel Folsom, 349;
Jonathan Freeman, 501; Doct.
Benjamin Gale, 25; Lord George
Germain, 397; Gen. John Glover,
111; Maj. Hilkiah Grout, 178;
Timothy Green, printer, 104;
Gen. Frederick Haldimand, 396;
Anthony Haswell, 13 ; Col. Udney
Hay, 50; Benjamin Hickok, 140;
George Hough, 12; Hon. William
Samuel Johnson, 149-50; Hon.
Joseph Jones of Ya., 127; Hon.
Samuel Knight, 92 ; Hon. Luke
Knoulton, 259 ; Col. Thomas
Lee, 330; Hon. Robert R. Liv-
ingston, 481; Capt. Nehemiah
Lovewell, 140; Col. Henry E.
Lutterloth, 110 ; John Murray,
Earl of Dunmore, 94; Gen. Mo-
ses Nichols, 346; Hon. Simeon
Olcott, 116; Gen. John Patter-
son, 111; Col. Stephen Pearl, 44;
Rev. Drs. Thomas and Thomas
A. Peters, 499; Capt. Luther
Richardson, 124 ; Lieut. Gen.
James Robertson, 443; Col. Bev-
erly Robinson, 398; David Rus-
sell, 13; Noah Sabin, 93; Noah
Sabin, jr., 94; Maj. John Shep-
ardson, 9; Doct. George Smith,
147, 425; Israel Smith of Thet-
ford, 125; Seth Smith, 147, 372-3;
Capt, Steel Smith, 52 ; Alden
Spooner, 12 ; Judah-Padock
Spooner, 12, 104; Capt. John
Stark of Pawlet, 86; Rev. Dr.
Ezra Stiles, 25; Ezra Stiles, Esq.,
104; Gen. John Strong of Addi-
son, 106; Col. Heman Swift, 142;
Hon. John Throop, 2; Sergeant
Archelaus Tupper, 453; Maj. Jo-
seph Tyler, 75 ; Commodore
Abraham Whipple, 52; Col. Wil-
liam Williams, 111; Gov. Oliver
Wolcott, 135 ; Maj. Theodore
Woodbridge, 127; Hon. Bezaleel
Woodward, 114; Maj. John P.
Wyllis, 25; Col. Samuel Wyllis,
25.
Bird, Amos, 240.
Bishop, Samuel, 18.
Black River, 72.
Blaklee, Jordon, 126.
Blakesley, Capt. David, 306.
Blakesley, [ or Blakslee, ] Capt.
James, 67, 486, 487.
Blanchard. Asahel, 9.
Blanchard's mills, 109.
Bland, Hon. Theodorick. of Va.
311 320.
Bleecker, John R., 460.
Bloomer, Reuben, 159.
Board of War, 6-9, 11, 14, 15, 20, 21,
28-31, 33, 35, 37, 43, 44, 53, 60, 66-
72, 75, 77, 78, 80, 98-101, 109, 111,
113, 117, 118, 129, 130, 144, 149,
151, 152, 164, 298. Instructions
to, 9, 11, 53.
Boardman, Lieut, John, 67.
Boundary lines, proposal of Ver-
mont to settle with New York
and New Hampshire, 74, 80-82,
85, 271, 273, 296, 322-325.
Bounty to Vermont troops, 15, 33,
450.
Bowdoin, Gov. James, 197.
Bowker, Col. Joseph, 1, 4, 5, 7, 9,
11, 14, 19-22, 26, 35, 37, 40-44, 60,
66, 70, 79, 80, 83, 98, 100, 101, 114,
115, 117-119, 121, 124, 128, 134,
138, 140, 142, 144, 145, 149, 288,
382.— Date of death of, 499.
Boyden, Capt. Josiah, 145.
Bradford, Hon. William, of R.I., 276.
Bradley, Lieut. Joseph, 9, 20, 21, 28,
30, 33, 37, 38, 113.
Bradley, Moses, and Stephen, 200.
Bradley, Hon. Stephen Row, 19, 38,
39, 42, 57, 91, 155, 162, 192, 193,
200, 235, 254, 261-263, 295, 299,
313, 314, 321, 365. Vermont's
Appeal, 1779, by, 200, 222. Cre-
dentials of, as Agent to Congress,
Aug. 1780, 254. Letters of: Jonas
Fay, Moses Robinson, and Ste-
phen R. Bradley to Congress,
Feb. 1, 1780, 238; Feb. 5, 1780,
243; Ira Allen and Stephen R.
Bradley to Congress, Sept. 12
1780, 253; Sept. 15 1780, 258; Oct.
2 1780, 262; remonstrance against
proceedings of Congress, Sept. 22
1780, 264-66.— Biographical note,
200.
Bradley, Hon. William C, 202, 203.
Brady, or Brydia, David, 58.
Branch, Lieut. Rufus, 28, 80, 103.
Branding, &c, punishment by, 5.
Brandt, Col. Joseph, 448.
Bratten, Robert, 84, 299, 301.
Breadstuffs, action on, 13, 22, 164.
Breakenridge, Lieut. James, 36, 143,
466, 493, 497.
General Index.
507
Brewster, David, 81.
Brewster, Col. Ebenezer, 89, 97, 98,
100, 101, 138, 444-5.— Biographi-
cal note, 98.
Brewster, Ezekiel, 453.
Bridgman, John, 283.
Briggs, Daniel, 150.
Briggs, Joseph, 301.
Brisco, William, 120.
Brockway, Wolston, 295, 299.
Brookins, Capt. Ithamer, 145.
Brookins, Capt. James, 67, 78.
Brooks, Taylor, 139.
Brown, Bryant, 82, 97, 294.
Brown, Daniel, and Timothy, 147.
Brown, Col. John, 176.
Brown, Nathaniel, 380.
Brown, Capt. Solomon, 306.
Brownson, Gen. Gideon, 145, 353,
426, 429.
Brownson, Col. Timothy, 1, 4, 5,
9, 11, 12, 14, 19-21, 28, 30, 33-38,
40, 41, 43, 44, 50, 57, 59-61, 66, 69,
70, 72, 75, 77, 79, 82, 86, 100, 101,
105, 113-118, 120, 122, 124, 130,
132, 134, 140-142, 145, 164, 288,
289, 410, 414, 427, 431.
Brush, Capt. Alexander, 152.
Brush, Col. Nathaniel, 118, 132, 138, I
162, 380.— Biographical note, 132. !
Bruster, [perhaps Brewster,] Jesse, !
453.
Brydia, [Brady in the Assembly j
journal,] David, 5S.
Buck, Gershom, 100.
Buel, Maj. Elias, [instead of Eli- i
jah,] 55", 501.
Bu^bee, Daniel, 76.
Bullock, Sawyer, 295, 296.
Bundy, Lieut., 338.
Bunker Hill battle, 2.
Burdick, Doct. Abraham, 302.
Burgoyne, Gen. John, 2, 45, 111,
135, 166-7, 214, 236, 312, 352, 358,
362, 415, 420, 464, 49S.
Burk, Capt. Jesse, 14.
Burlingame, Capt. Israel, 299, 301.
Burnham, John, 54.
Burr, Aaron, 203.
Burritt, Daniel, 17.
Burroughs, James, 306.
Burt, Benjamin, 151.
Burt, Joseph, of Brattleborough,
147.
Burt, Joseph, of Westmoreland, N.
H., 342. Letter of: to Meshech
Weare, Jan. 1, 1782, 342.
Burton, Lieut. Benjamin, 78.
Burton, Capt. Elisha, 52, 72, 74, 144,
293, 299, 302.
Butler, Col. John, 468.
Butterfield, Benjamin, 486-7.
Butterfield, Benjamin, jr., 159.
Butterfield, Capt. James, 98, 338.
Butterfield, Lieut. Thomas, 58, 164.
c
Caldwell, Col. Joseph, 116, 118, 121,
152, 302, 304, 306, 323-4.
Calvert, Monsieur clu, Pere Floquet,
457.
Campbell, Archibald, 140, 143.
Canada, annexation of to the Uni-
ted States proposed by a conven-
tion at Dresden, [Hanover,] N.
H., Aug. 1780, 251.
Canfield, Nathan, 152.
Canfield, Samuel, 295, 299, 302.
Capron, Oliver, 283.
Capture of Ticonderoga, 167.
Caramelli, Hamet, 202-3.
Carleton, Maj. Charles, 47-50, 91,
108, 198, 399-401, 430.
Carleton, Sir Guy, 470, 471, 476.
Carleton, Gen. Thomas, 469.
Carlisle, Capt., 342.
Carpenter, Lieut. Gov. Benjamin,
1, 4, 7, 10, 14, 25, 40, 41, 70, 87, 97,
101, 105, 109, 412.
Carroll, Hon. Daniel, of Md., 308,
315-316, 320, 372, 374, 387, 388-9.
Cass, Daniel, 295, 299.
Catamount Tavern, history of, 165-
8.
Caverly, Doct. A. M., 330.
Chaffee, widow Sarah, 82.
Chaffee, , 104.
Chamberlain, Col., 338.
Chamberlain, DavicL, 120.
Chandler, John, and note on, 73.,
Chandler, Col. Thomas, senior, 73.
Chandler. Maj. Thomas jr., 1, 4, 5,
8, 10, 40, 41, 43, 70, 80, 101, 107,
115, 126, 144, 380, 381, 383, 451,
500.
Chaplin, Capt. William, 58.
Chase, Col., 156.
Chase, Deacon Dudley, 72.
Chase, Jonathan, 174.
Chase, Lyman, 66.
Chase, Samuel, 96, 280, 293.
Chauncey, Hon. Charles, 149-50. —
]STote on, 150.
508
General Index.
Cheney, Oliver, 159.
Child, Maj. Jonathan, 96, 296, 299,
300, 444-5.
Chipman, Hon. Daniel, 131.
Chipman, Hon. Nathaniel, 131, 130.
Chittenden, Gov. Martin, 136.
Chittenden, Hon. Noah, 67, 132.—
Biographical note, 132.
Chittenden, Gov. Thomas, 1, 4, 5, 9,
14, 16, 17, 19-21, 23, 29, 31, 33-37,
39-42, 47-9, 57, 59, 61, 70, 90-92,
100-102. 105-6, 108-9, 114-15, 118,
127, 129-136, 153-5. 157-9, 161-2,
169, 175, 177, 190, 193-8, 201, 211,
231-2, 254, 261, 266, 268-9, 271-5,
285-6, 288, 304, 307. 315-16, 321,
324-5, 328-30, 332, 334. 338-9, 347
-51, 353, 355, 361, 366, 368, 374,
377. 379-80, 385, 391, 399-401, 403,
405, 409-11, 413-14, 416-20, 425-
31, 437-8, 440, 451, 454, 459-60,
472-4, 477. Speech to the Gen-
eral Assembly, Oct. 1779, 5; pro-
posal to resign, Oct. 13, 1780, 41;
message of the Governor and
Council to the Assembly, Oct. 14
1780, 43; defends the rights of
Vermont as a State sovereign
and independent, April 12 1781,
149; Proclamation of the West-
ern Union, July 18 1781, 307;
explanation to Washington, Aug.
1781, of the Haldimand corre-
spondence, 315-16, note; collision
with Col. Seth Warner and a
committee of Bennington, 153,
note. Letters of: to Congress,
Aug. 5 1779, 175; to sundry to-
nes, Sept. 23 1779, 39; to Samuel
Adams, President of the Council
of Massachusetts, Oct. 28, 1779,
194; to the President of Con-
gress, July 25 1780, 254; to Gov.
Clinton of New York, Nov. 22
1780, 266; to Gov. Hancock of
Massachusetts, Dec. 12 1780, 198;
to Gov. Trumbull of Conn., Dec.
12 1780, 274; to Gen. Washing-
ton, Jan. 15 1781, 404; June 18
1781, extract, 426; Nov. 14 1781,
explanation of the policy of Ver-
mont in the Haldimand corre-
spondence, Eastern and Western
Unions, &c, 350; March 16 1782,
385; to Col. John Van Rensse-
laer, Dec. 12 1781, 329; to Ira
Allen, Dec. 15 1781, 325; to Gen.
Stark, Nov. 14 1781, 457, and
Dec. 15 1781, 332; to Doct, Wm.
Page, and Lieut. Gov. Payne,
Dec. 14, 1781, 339.
j Church, Lieut. Joshua, 78, 86, 145.
I Church, Hon. Samuel, claims Ver-
mont as the child of Litchfield
county, Conn., 136.
j Church, Col. Timothy, 163.
: Churchill, William, 500.
Claghorn, Lieut. Col. James, 83.
Clapp, Capt, Daniel, 98.
i Clark, Hon. Abraham, of N. J., 375,
387.
i Clark, Ebenezer, 500.
Clark, Elisha, 66, 99.
J Clark, Gen. Isaac, 8, 28, 49, 69, 164,
431-2.
Clark, Maj. Jeremiah, 1, 4, 5, 8, 10,
19, 21, 34-36, 40, 41, 44, 87, 101,
107, 117, 164, 451.
Clark, John, and John, jr., 500.
Clark, Jonathan, 500.
Clark, Hon. Nathan, 46, 59, 191.
Clark, Samuel, 57.
Clark, Doct. Thomas, 70.
Clarke, Gen. George Rogers, 468.
Clay, Hon. Hen^, 203.
Clay, Capt, James, 278, 488.
Cleaveland, Elisha, 96.
Clift, Maj. Willis, 380.
Clinton, Gov. George, 49, 91, 107-8,
147, 155, 163, 176, 178. 181-183,
223-4, 245, 258-9, 267-8, 270-273,
326-329, 331, 347, 363, 366-7, 372,
3S3, 401. 409, 411, 425, 455, 466,
486-7. Proclamation of, Feb. 23
1778, extract, 486; indignant mes-
sage to the New York legislature,
Feb. 5 1780, 267; defeats attempt
to settle the Vermont contro-
versy, 268; message of March 21
1782, extract, 463. Letters of: in-
troduction of Luke Knoulton,
Sept. 12 1780. 258; to Gen. Wash-
ington, Feb. 14 1781, abstract, 269,
note 3; to Gen. Alexander Mc-
Dougall, April 6 1781, 268, and
notes on, 270-272 ; to Gen. Gan-
sevoort, October 18 1781, 327; to
Generals Henry K. Van Rensse-
laer, and Gansevoort, Dec. 11,
1781, 331 ; to Gen. Washington,
Jan. 21 1782, 461.
Clinton, Sir Henry, 90, 311, 349, 396-
7, 428, 433, 435, 442, 454, 460, 464,
470-71, 480. Letters of; to Gen,
General Index.
509
Haldimand, July 23 1781, 432 ;
Aug. 2, 436; Oct. 2, 448; Oct, 27,
453; Nov. 6, 457; March 10, 1782,
402.
Clinton, Gen. James, 409, 420.
Clvmer, Hon. George, of Pa., 320,
307, 371, 374, 387, 388.
Cochran, Lieut, Col. Robert, 100-7,
493, 496.
Cockburn, William, 140, 143.
Coffin, Lieut., 78.
Cogsell, Eli, 00.
Cogswell, Ma]. Thomas, and note,
110.
Colden. Lieut. Gov. Cadwallader,
230, 270, 493.
Cole, Capt, Benjamin, 37. 338..
Cole, Jonathan,* 290, 299.
Collision of Gov. Chittenden with
Col. Seth Warner and a commit-
tee of Bennington, 153.
Collisions in the Western District,
320-335; in the Eastern, 335-347;
Ira Allen's account of both, 347-
350.
Commission for justices of the
peace, 97; to Ethan Allen, to sup-
press insurrection in Windham
county, 102-3; to Ira Allen and
Stephen R. Bradley as Agents to
Congress, Aug. 1780, 254: to Jo-
nas Fay, Ira Allen, and Bezaleel
Woodward as Delegates to Con-
gress, July, 1781, 310 ; to Ver-
mont Commissioners to settle
boundaries with New Hampshire
and New York, Oct, 1781, 324;
to Jonas Fay, Moses Robinson,
Paul Spooner, and Isaac Tichenor
as Agents and Delegates to Con-
gress, March 13, 1782, 385.
Commissioners appointed by Ver-
mont, Oct, 1781, to settle bound-
aries with New Hampshire and
New York, 323.
Common law of England adopted
by Vermont, 160.
Compensation of members of the
Council and House of Represent-
atives, 10 ; of Governor, 10, 57,
128-9, 134; of Lieut. Governor,
129; of military officers and sol-
diers, 15, 37, 00, 07-8, 77-8 ; of
Secretary to the Governor and
Council, 150.
Complaint of counterfeiting bills of
credit, 102.
Comstock, Capt. Daniel, 78, 80, 149.
Concise Refutation of the claims of
adjoining States to the territorv
of* Vermont in 1780, 223.
Conference, May 8-25 1781 between
Ira Allen and the British Com-
misioners, 409-414; third confer-
ence, Sept, 1781, 440.
Congress, Continental, Agents of
Vermont to, see Agents and Del-
egates. Action of, on Vermont,
Sept. and Oct. 1779,109-185; res-
olutions of, 183-185; memorial of
Lebanon, N. II., Convention to,
July 27, 1779, 170. Action of, on
Vermont, Feb. to Oct, 1780, 238-
203; resolutions of, June 2 1780,
240; Ira Allen's account; of hear-
ing by, in Sept. 1780, 203. Ac-
tion of, on Vermont, July 19 to
Aug. 20 1781, 308-320; resolutions
favorable to Vermont reported in
July, 1781, 310 ; resolutions of,
Aug. 7 and 17, 1781, 315-10; pro-
posals of delegates of Vermont
to, Aug. 18 1781, 317; answers of
Vermont delegates to questions
of committee of, 318 ; resolution
of Aug. 20 1781, 320. Action of,
on Vermont, Dec. 1781 to March
1782, 303-379 ; protest of New
York to, 304-307; report of com-
mittee of, March 1 1782, 374-377.
Action of, on Vermont, April 1
to May 21 1782, 380-394; report of
committee of, April 17 1782, 388;
proposed inquiry of Vermont del-
egates, and note on, 390-91; rea-
son of failure of to act, 390, note
1. Right of to deny the indepen-
dence of Vermont controverted,
217-18, 254-57.
Connecticut, 59, 02, 74, 150, 215-10,
272, 275, 308, 311, 320, 352, 375,
377, 387, 389, 394-5, 428, 431. 440,
442, 445, 447, 501; letter to Gov-
ernor of, 275; resolution in favor
of Vermont, 276; line officers of,
land granted to, 25, 149, 380 ;
Vermont claimed as the child of
Litchfield county, 136.
Conspiracies, act for punishing, 160.
Constitution of, act for establishing,
note on, 160.
Continental troops paid by Ver-
mont, 32.
Convention of New England States
510
General Index.
and New York proposed in 1781
to settle the Vermont contro-
versy, 276; note of, 272.
Convention, New Hampshire State,
Nov. 14 1775, 171.
Conventions — at Manchester, Jan.
and February 1775, 489-97; at
Hanover, N. H., July 31 1776,
abstract of address of, 170-71,
note 2; at Lebanon, N. II., July
27 1779, 170-74; at Dresden,
[Hanover,] N. II., Aug. 30 1780,
251-53; at Walpole, N. H., Nov.
8 and 15 1870, 278; at Charles-
town, N. H., Jan. 16 1781, 70, 89,
259 — proceedings of, 280; same,
adjourned to Cornish, N. H., 285
-96 — origin of, 277, 488; secret
history of, 284.
Cook, Capt. Asaph, 302.
Cooper, James, 81.
Copp, Joshua, 96.
Cord, , 457.
Cornell, Gen. Ezekiel, of R. L, 371,
374.
Cornwall is, Lieut. Gen. Charles,
131, 353, 362. 448, 452, 454-5, 457,
460-61, 465, 467, 481.
Cotter. Willard, [erroneously print-
ed William,] 76, 501.
Cottle, Warren, 299, 301.
Council Chamber, (first in Ver-
mont,) with plate, 165-168.
Councillors, rank of, & as judges, 117.
Council of Safety, 167.
Counties, division of, 82.
County Elections, 83.
Courant, London, 466.
Court of Confiscation, 8.
Court, Superior, 9, 80, 116; error in
list of judges of, 1781-2, corrected,
117.
Covenant, Compact, and Resolu-
tions of Representatives of west-
ern Vermont towns, in 1775, 489-
97.
Cox, Capt. Benjamin, 38.
Crafts, Col. Ebenezer, and Gov.
Samuel C, 55.
Craw, Joseph, 302.
Cresey, Michael, 338.
Crissy, James, 500.
Cromwell, Oliver, 200.
Cross, Lieut. Shubal, 78, 86.
Cross, Shubael, 137.
Curtis, Hon. Abel, 132, 152, 157,
369, 371, 373; Agent and Dele-
gate to Congress, 132, 368-9.
Letters of: Jonas Fay, Ira Allen,
and Abel Curtis to Samuel Liv-
ermore, Feb. 12 1782, 369 ; to
President of Congress, Feb. 13
and 15 1782, 371; and Feb. 21
1782, 373.
Curtis, Capt. Ebenezer, 63, 110, 299,
300, 301.
Curtis, Elias, 81.
Curtis, [Israel of Windsor, proba-
bly,] 280.
Curtis, Thaddeus, 83.
Cutler, Thomas, 278, 488.
D
Dana, C. L., 502.
Dana, John W., 2, 299, 300, 302, 382.
Dartmouth College, 500.
Davis, , 463, 477.
Davis, Capt., 342.
Davis, Experience, 79.
Davis, Levi, 56.
Davis, Samuel, 335.
Dawson, Henry B., 280, 495.
Day, Benjamin, 81.
Day, Maj. Elkanah, 278, 283, 488.
Debenture, accounts of the Board
of War, 20, 21, 30, 33, 37-8, 60, 70,
86, 100, 101; order that the de-
benture of two members of the
House be made up for actual
attendance only, 382.
Delaware, 192, 216, 235, 308, 311,
316, 320, 375, 377, 387, 389, 394-5.
Delegates of Vermont to Congress,
303, 384, 385; private instructions
to, 383.
Depreciation in continental pay
made up by Vermont, 142.
Deserters from the continental
army, 142.
Dewey, Ebenezer, jr., 296, 501.
Dewey, Capt. Elijah, 150.
Dibble, Charles, 24.
Dickinson, Doct. Nathaniel, 67.
Digby, Admiral, 452, 454, 457.
Dimmick, Lieut. David, 145.
Dinnen, James, 76.
Division of Vermont by the Green
Mountains proposed, 223, 376.
Dones, [Doane,] Levi, 81.
Dorchester, Benjamin, 7.
Dorchester, Lord, see Carleton, Sir
Guy.
Douglass, William, 145.
General Index.
511
Downes, Elisha, 71, 80.
Drake, Francis S., 500.
Drummond, Ensign, 432, 436.
Drury, Ebenezer, 72, 299.
Duane, Hon. James, of N. Y., 166-
7, 246, 268, 811, 319, 320-21, 495;
memorial of Duane and Hon.
Ezra l'Horamedieu to Congress,
Aug. 3 1781, 312.
Dudley, John, 344.
Duncan, George, 126.
Duncan, John, [erroneously print-
ed Dunton,] 295, 299, 302, f 01.
Dun das, Gen. Francis, 402-3, 408,
417-18, 424, 427, 430-31.
Dunmore, Gov., see Murray, John,
Earl of Dunmore.
Dunning, Lieut. Michael, 152.
Durkee, Aden, He man, Timothy,
and Timothy, jr., 81.
Dyer, Lieut. Charles, 78, 99.
Dyer, Joseph, 116.
E
East Bay, 434.
Eaton, Gen. William — biographical
note, 202.
Edgar, John, 461, 463-4.
Edwards, Rev. Jonathan, 149, 381.
Election of Representatives, 83.
Ellery, Hon. William, of R. I., 367,
374-89.
Ellis, Mr., 471.
Ellis, Timothy, 283.
Ellsworth, Hon. Oliver, of Conn.,
179, 320.
Elmer, Hon. Jonathan, of N. J.,
320.
Ely, Capt. Joel, 82, 299.
Embargo, see Breadstuff's, action on.
Emmons, Hon. Benjamin, 1, 4, 5, 7,
9, 18, 20, 40, 41, 58, 70, 72, 74-5,
77, 81, 87, 96, 98, 100, 101, 114,
116-18, 120, 123, 134, 141, 143-5,
147, 155, 158-9, 288-9, 297.
Emperor of Germany, 423, 434.
Enos, Joseph, 159.
Enos, Gen. Roger, 24, 27, 108-9,
118, 129-30, 146, 151, 340-41, 349-
50, 368, 382-3, 431, 442-3., 448-9.
Letters of: Roger Enos and Ira
Allen to Josiah Bartlett, Dec. 29,
1781, 325. Enos to Speaker of
Vermont House of Representa-
tives, on the Haldimand Negotia-
tion and the defence of Vermont,
Oct. 17 1781, 449; to Gen. Stark,
Oct. 26 1781, 450, and Nov. 2,
1781, 455. — Biographical note,
108.
Equipments prescribed for Ver-
mont troops, 68.
Esterbrook, Nehemiah, 170.
Evans, John, 81.
Evans, Lieut. Moses, 67.
Evans, William, 79.
Eveleigh, Hon. Nicholas, of S. C,
320.
Everest, Lieut. Benjamin, 15, 28,
67.
Everest, Zadock, 301.
Exchange of prisoners, 47-50, 90,
110, 153, 156, 164, 399, 400, 402-3,
405, 408-9, 413, 417, 420-21, 424,
426-429, 440, 461, 464, 472.
Fairbanks, Capt., 342.
Fairbanks, Phineas, 13, 44.
Fairbanks, Lieut. Col. Samuel, 121-
2, 326-29.— Note on, 121.
Fairchilds, Stephen, 12, 17.
Fairfield, Walter, 296, 299.
Fairman, Lieut. Jacob, 100, 145.
Farnsworth, Col. Joseph, 44, 77-8,
107, 126, 153, 164.— Note on, 126.
Farnsworth, Joseph D., 126.
Fassett, Amos, and note on, 132.
Fassett, Capt. John, 1, 132.
Fassett, Hon. John, jr., 1, 4-9, 12,
16-21, 31, 34-6, 40,* 41, 43-4, 57,
59, 60, 63, 66, 70, 71, 74, 77, 82, 86
-7, 96, 98, 100, 101, 104, 114, 116-
18, 120, 124, 130, 132-34, 140, 144-
5, 148, 155-6, 158-9, 163, 191, 288-
9, 291-93, 355, 410, 414, 427, 431.
— Biographical note, 1.
Fassett, Capt. Jonathan, 9, 19, 21,
28-30, 33-4, 66, 144, 164.
Fay, Benjamin, 102.
Fay, John, 168.
Fay, Doct. Jonas, 1, 4, 6, 9, 13, 18,
19, 21-2, 34, 36, 40, 41, 43, 59, 63,
101, 110, 114, 116-17, 119-121, 132,
150, 152, 155-59, 162-3, 175-77, 188,
191-93, 223, 235, 303-4, 316-18,
320-21, 323-4, 369, 371, 373-4, 385,
387-8, 414, 427-8, 430-31, 494.
Concise Refutation, by Ethan Al-
len and Jonas Fay, 1780, 223-34;
commission as Delegate to Con-
gress, July 1, 1781, 316. Letters
512
General Index.
of: To Timothy Brownson, 69.
Ethan Allen and Jonas Fay to
Congress, July 1 1779, 169; Fay
and Paul Spooner to same, Aug.
20 1779, 177; Fay, Moses Robin-
son, and Stephen R. Bradley to
same, Feb. 1 1780, 238, and Feb.
5 1780, 243; Fay, Ira Allen, and
Bezaleel Woodward to President
of Congress, Aug. 14 1781, 316;
proposals of, to Congress, Aug.
18 1781, 317; Fay and Ira Allen
to President of Congress, Jan. 30
1782, 368; to Samuel Livermore,
Feb. 5 1782, 368 ; memorial to
Congress, Feb. 7 1782, 369; Fay,
Ira Allen, and Abel Curtis to
Samuel Livermore, Feb. 12 1782,
369; to President of Congress,
Feb. 13 and 15 1782, 371, and Feb.
21, 373 ; Fay, Moses Robinson,
Paul Spooner, and Isaac Tichenor
to President of Congress, March
31 1782, 386, and April 19 390.
Fay, Maj. Joseph, 1, 9, 10, 18, 21, 23,
27-8, 33-36, 40-42, 44, 50. 64, 81, 85,
91, 101, 111, 114-16, 120, 131, 134,
139, 147, 152-3. 164, 271, 297, 351,
353, 381, 400, 410, 425, 427-29, 431-
34, 436, 438-9, 443-5, 455, 464, 468.
Letters of: to Gen. Haldimand,
Aug. 9 1781, 437; Ira Allen and
Fay to same, Sept, 20, 1781, 441 ;
queries to Allen and Fay and
their answers, 442.
Fay, Capt. Stephen, 165, 167-8.
Fellows, Gen. John, 45.
Fish, Josiah, 3.
Fisk, David, 81.
Fisk, Capt. Ebenezer, 18, 53.
Fisk, Joseph, 81, 137-8.
Fisk, Capt. Josiah, 07.
Fisk, Nathan, 125-6.
Fitch, Capt. William, 22, 44, 299.
Fletcher, Gen. Samuel, 1-5, 8, 9, 11,
14, 20, 25, 28, 32-3, 40. 41, 44, 49,
55, 60, 66-8, 70, 71, 77, 79, 87, 89,
99, 100, 107, 109, 114, 116-17, 130,
134, 138-40, 145-6, 149, 154-6, 158-
9, 260, 339, 341, 383-4, 431, 453.—
Biographical note, 2.
Floquet, Pere, 454 — See Calvert,
Monsieur du.
Floyd, Hon. William, of X. Y., 364,
371, 374.
Fogg, Capt. Jeremiah, 332.
Folsom, Hon. Nathaniel, of N. H.,
246, 248, 349.— Note on, 349.
Fort Ann, 351, 401, 453, 455.
Fort, Bridg man's, 178.
Fort Crown Point, 47-8, 50, 140,
236-7. 240, 312, 351-53, 401, 443,
460, 466, 490.
Fort Dummer, 205-6, 208, 225-6.
Fort Edward, 455.
Fort Fortitude, 78.
Fort George, 351, 401.
Fort Herkimer, 464.
Fort at Hubbardton, 28.
Forts Mott, and Vengeance, [Pitts-
ford,] 28, 34-5, 43, 74, 109, 111.
Fort Ranger, [Rutland,] 15, 330.
Fort at Skenesborough, [Whitehall,
N. Y.,] 109.
Fort Ticonderoga, 2, 129, 131, 140-
1, 167, 176, 214, 236-7, 240, 312,
352-3, 401, 450, 453-6, 474, 481,
490.
Fort Warren, [Castleton,] 34, 43,
74, 100, 109, 111.
Forts at Barnard and Bethel, 38.
Foster, Lieut. Joseph, 71, 299, 30
Fourfolds, note on, 147.
France, 396, 418, 471, 481.
Franklin, Dr. Benjamin, 195, 481.
Franklin, Capt., 338.
Freeman, , 457.
Freeman, Hon. Jonathan, 96, 295,
299, 302.— Note on, 501.
Free Trade with Canada, 445, 448,
464, 478.
French, William, 93.
Frink, Elijah, 283, 295, 299, 301.
Fuller, Aaron, 302.
Fuller, Am mi, 453.
Fuller, Lieut. Ebenezer, 113.
Fuller, Martin, 81.
G
Gage, William, 301.
Gale, Doct, Benjamin, and note on,
25.
Gale, Samuel, 42; referred to as
son-in-law of Col. Samuel Wells,
418.
Gallup, Capt. William, 58, 76, 159.
Galusha, Capt. David, 151, 164.
Galusha, Gov. Jonas, 17, 67, 78, 103,
132, 164.
Gansevoort, Gen. Peter, jr., 326-
331, 333-4, 247-8, 367-8. Letter
General Index.
513
of: to Col. Walbridge, Dec. 18,
1781, 333.
Gaskill, Silas, 295, 299.
Gates, Maj. Gen. Horatio, 135, 214.
Gates, Josiah, 54.
Georgia, 311, 320, 375, 377, 387, 390,
394-5.
Germain, Lord George, Viscount
Sackville, 311, 349, 353, 397, 401,
442, 458, 466-7, 469, 471, 475. Let-
ters of: to Gen. Haldimand, 397,
406, 429, 432, 460; to Sir H. Clin-
ton,-311, 406 449. — Note on, 397.
Germany, intervention of the Em-
peror of, 423, 434; free towns of,
219.
Gerry, Gov. Elbridge, of Mass., 185.
Gilbert, Daniel, 81.
Gilbert, Elias, 161.
Giles, Benjamin, 95, 283, 295, 299,
301, 304, 335, 344.
Gilman, Gov. John T., 224.
Gilman, Peter, 207, 230.
Glover, Gen. John, and note, 111.
Goodrich, S. G., 202.
Goodrich, Maj. William, 24, 84.
Goodwin, Capt, W. F., 280, 283.
Gospel, act for support of, &c, yeas
and nays on, 27.
Gould, John, 103-5.
Governor and Council, record of,
Oct. 1779 to Oct. 1780,1-39; Oct.
1780 to April 18, 1781, 40-98;
April 25 to May 261781, 163-4;
June 13 to 29 1781, 101-12; Oct. '
1781 to Oct. 1782, 114-163. As a
Court, 81. Refusal of, to apply to
Gen. Washington for military
aid, 21. Roll of the third Coun-
cil, 1; of the fourth, 40; of the
fifth, 114.
Graham, Dr. John A., 93, 202, 260.
Graham, Shelden, 56.
Grandey, John, jr., 335, 337.
Granger, Zadock, 144.
Grant, Jonathan, 107.
Grasse, Francis Joseph Paul, count
de, 451.
Grave, [perhaps Graves,] Nathan-
iel, 453.
Graves, Lieut. John, 296, 302.
Great Britain, conciliatory policy
of, 1778-83, 396, 481.
Green, Amos, 146.
Green, Capt. Beriah, 67, 71, 77, 86,
145.
Green, Ebenezer, 54.
35
Green Mountain Boys, 167, 176,
214-16, 496-7.
Green, Samuel, 104.
Green, Capt. Timothy, 52, 54.
Green, Timothy, printer, 12, 38, 80,
101-2, and note, 104.
Greene, Gen. Nathaniel, 451.
Griffin, Rossiter, [not Rossettee,]
52, 500.
Griswold, Isaac, 341-2.
Griswold, Jonathan, 80.
Grosvenor, Lieut. Col. Thomas, 380.
Grout, Maj. Hilkiah, 178, 278, 330,
488.— Note on, 178.
Grout, Col. Jonathan, 139.
Grove, John, and Samuel, 76.
Grover, Capt. John, 306.
If
Haldimand Correspondence, allu-
sions to, 7, 47-8, 50, 90-92, 108, 111,
136, 198, 211, 260, 266, 302, 328,
349, 351-1, 361, 482 ; correspond-
ence, 396-479 ; inquiry concern-
ing, 302, 426; Gov. Chittenden's
statements concerning, 409-10,
note, and 315-16. 351-3. Opinions
on, of Rev. Dr. Samuel Williams,
480; of Hon. Robert R. Livings-
ton, of N. Y., 481; of Rev. Jared
Sparks, 482.
Haldimand, Gen. Frederick, 47-49,
90, 91, 108, 111, 131, 198, 211, 259,
311, 317, 351, 361, 372. 396-7, 399-
401, 403, 406-414, 416,' 421-5, 427-
435, 440-41, 443, 449, 461, 464-6,
468; 472-3, 475-6, 479-80, 483. Form
of proclamation proposed by, 447.
Letters of: to Gov. Chittenden, 48,
476-7; to Lord Geo. Germain, 397,
401, 408, 425; to Sir H. Clinton,
435, 444-7, 457, 461, 466, 469; to
Sir Guy Carleton, 470, 472, 475-8;
to his commissioners, instructions
and answers to questions, 402-4;
to Joseph Fay, 438; to Ira Allen,
479.— Note on, 396.
Hale, Col. Enoch, 335, 338, 341, 344,
Mb. —Letters of: to Prest. Weare,
338, 341, 344, 345.
Half Moon Ferry, 474.
Hall, B. H., 32, 73, 112, 197, 200,
202-3, 277, 330, 372, 400, 487, 498.
Hall, Lieut. Elias, 67.
Hall, Lieut. Enoch, 36.
Hall, Gov. Hiland, 107, 121, 165,
514
General Index.
190-7, 223-4, 267-8, 270, 310, 394,
491, 495, 498, 502. History and
description of the Catamount
Tavern, and first Vermont Coun-
cil Chamber, with plates, 165-1(38.
Hall, Poet. Joash, 16.
Hall, Lieut. Jonathan, jr., 98.
Hall Lieut. Willis, 86. '
Hall, William, 73.
Hamilton, Capt. Silas, 32, 80.
Hancock, Gov. John. 198, 273, 401.
Hard money in the State Treasury,
Feb. 28, 1782, 151.
Harmon, Caleb, and Joshua, 80.
Harmon, Reuben, 81, 299, 301.
Harpur, Robert, 391, 426.
Harris/Edward, 13, 44, 63, 103, 110,
125, 146, 288-9, 299, 301-2, 3,04,
382.
Harris, George, 126.
Harris, Gilbert, 30".
Harris, Lieut., 100.
Harvey, Capt., 342 .
Harvey, Poet. Solomon, 24, 27.
Haskell, Prince, 37.
Has well, Anthony, 13, 489.— Note
on, 13.
Haswell, Nathan B., 489.
Haswell Papers, 489-497.
Hathaway, Simeon, 18, 54. 89, 91,
130, 493.
Havens, Paniel, Joseph, and Rob-
ert, 81.
Hawkins, Hon. Benjamin, of N. C,
372, 374.
Hawks, Eleazer, 80.
Hawley, Mr., 154.
Hay, , 457.
Hay, Col. Udney, 49, 50.— Note on,
50.
Haynes, Pavid, 71, 80.
Hayward, Benjamin, 76.
Hayward, Silas, 301.
Hazeltine, Col. John, 2.
Hazeltoh, Betsey, 140.
Hazelton, Poet. John, 67.
Hazen, Gen. Moses, 380.
Heacock, Capt. Ezra, 315-16, 350.
Ileald, Paniel, 126.
Heath, Maj. Gen. William, 144, 334,
339, 449, 453, 455-6..
Hemenway, Abby Maria, 502.
Hendee, Robert, 81.
Henry, Benjamin, 278, 379, 488.
Henshaw, Benjamin, 83.
Herrick, Col. Samuel, 13, 28, 37, 46,
60,68,109,141,176.
j Heywood, Col. William, 338, 379.
i Hibbard, Rev. Ithamer, 12, 23, 74,
417.
| Hibbert, John, 81.
I Hickok, Benjamin, 1 40-41 . - Note,
140.
Hicks, Benjamin, 302.
' Hicks, Whitehead, 76.
i Higby, Edward, 106.
Higley, Brewster, 299.
Hinman, Elijah, 120, 139, 147.
Hitchcock, Lieut. David, 158-9.
Hodges, Capt. Edmond, 9, 18.
! Hodges, Nathaniel, 96.
j Hoisington, Lieut. Ebenezer, 67.
! Hoisington, Maj. Joab, 112.
j Holmes, Capt. L., 278-9.
I Holmes, Lieut. Nathaniel, 67-8.
1 Holten, Hon. Samuel, of Mass., 177.
179.
Holton, Jonathan, 299, 302, 304.
FHommedieu, Hon. Ezra, of N. Y.,
311, 320-21.— Letters of: to Gov.
Clinton, 311; memorial of FHom-
medieu and James Duane to Con-
gress, 312.
Hooper, Capt., 338.
Hopkins, Commodore Esek, 276.
Hopkins, Roswell, 14, 47.
Hopkins, Stephen, 103.
Horton, Gideon, 58.
Hough, Benjamin, 494.
Hough, George, 12.
| House, Col. John, 295, 299, 302.
House of Representatives of Ver-
mont, extracts from the journals
of, 4, 7-11, 12-14, 23-7, 41-7, 49,
53, 57, 59, 72, 74, 80, 82-4, 87-90,
95-6, 100-7, 109-11, 121-3, 125-9,
136, 139, 141, 144, 149-50, 155, 157,
159, 191-3, 235, 285-304, 321-3,
379-84, 450.
Howard, , 460.
Howard, Joshua, 296, 299.
Howe, Sir William, 396.
Howly, Hon. Richard, of Ga., 320.
Hubbell, Elnathan, 80.
I Hudson, Barzillai, 24.
Hudson & Goodwin, 200, 223, 355.
i Hulbert, Capt. Samuel, 56.
Hunt, Gen. Arad, 104, 107, 299, 302.
j Hunt, Col. Jonathan, 104-5, 155, 163,
278, 488.
Hunt, Col. Samuel, 278-9, 280, 283.
Huntington, Hon. Samuel, of Conn.,
35, 42, 90, 179, 271, 407-8.
I Hurd, Phineas, 12 ; widow of, 17.
General Index.
515
Hurd, Timothy, 31.
Hurlbut, Capt. Israel, 4.1.7.
Huse. Hiram A., State Librarian,
489, 491.
Hutchins, Captain William. 35-6,
54, 67, 86, 89, 91.
Hutchinson, Gov. Thomas, 205, 208.
Hyde, Amasa, and Iehabod, 137.
Hyde, Elihu, 96, 295, 299, 302.
Hyde, (Japt. Jedediah, 52, 137.
Hyde, Lemuel, 306.
1
Indians, Muhheakunnuck, or Mo-
began, 127-8.
Infantry regiment, specially raised
66; officers of. 67.
Inglis, Capt., 457.
Ives, Abraham, 87.
Jackson, Abraham, 83, 125, 299.
Jacob, Stephen. 382.
Jacobs, Benjamin, 156.
Jaffrey, George, 207, 230.
Jay, Hon. John, of N. Y., 182-3,
189-91, 194, 200, 223.— Letter of:
to Gov. Clinton on the Vermont
question in 1779, 185.
Jeiierson, President Thomas, 202-3.
Jenifer. Hon. Daniel of St. Thomas,
Md.,320.
Jennings, Rev. I., 167.
Johnson, , 464.
Johnson, Col. Charles, [Thomas,]
444-5.
Johnson, Lieut. John, 302.
Johnson, Lieut. Moses, 99, 146.
Johnson, Col. Robert, 96, 105.
Johnson, Col. Thomas, 412, 444-5.
Johnson, Hon. William Samuel, of I
N. Y., and note, 149-50.
Jones, Amos, 54.
Jones, Daniel, 109, 278-80, 283, 295, I
302-3, 323-4, 382, 411.
Jones, Joseph, 127, 129.
Jones, Hon. Joseph, of Va., 127, I
390.— Note on, 127.
Jones, Hon. Noble W., of Ga., 367. I
Jones, Doct. Reuben, 6, 30, 49, 57, •
191, 304.
Justices of the Peace, commission
of, 97.
K
Keith, Sir , 423.
Kellogg, Lieut. Amos, 145.
Kelly, John, 495.
Kempe, John, 166-7, 495.
Kent, Elisha, 81.
Kent, Col. Jacob, 299.
Keyes, Col. Danforth, 11, 13, 56.
King, Reuben, 56.
King, Col. Samuel, 295, 299, 302,
338, 341-43, 379.
Kingsbury, Stephen, 56.
Kinney, Dea. Daniel, 54.
Kinsley, John, 80.
Knapp, Ephraim, 8.
Kneeland, Joseph, 73.
Knight, Lieut, Elijah, 145.
Knight, Jonathan,' 299.
Knight, Hon. Samuel, 92-3, 122, 383,
486-7.— Note on, 92.
Knoulton, Hon. Luke, 104, 258-61,
263, 277-8, 280, 283, 313-14, 488.—
Commission of, as Agent to Con-
gress, 258. — Note on, 259.
Knyphausen, Lieut, Gen. Dodo
Henry, 436.
L
Lafayette, Marquis de, 123, 148, 452,
467.
Lamb, Henry L., 307, 502.
Land Companies, 62.
Land Grants of New York repudi-
ated, 46.
Land Grants of 1780, observations
on, 61-64; report on, 11; condi-
tions of, 16, 17, 24, 26, 45, 50-59, 63.
Land-jobbers of New York, 495.
Land question in Congress, 235-6,
394-5.
Langdon, Hon. Woodbury, of N.
H., 344.
Lansingh, Philip P., 490, 496.
Law, Hon. Richard, of Conn., 367,
371, 374, 387-88.
Lawrence, Mr., 462.
Lawrence, Hon. Abbott, of Mass., 45.
Lawrence, John, 80.
Lead and flints, 84; received as cash
for land grants. 63. 126-7.
Lear, Tobias, 203.
Leavenworth, Capt. Jesse, 52.
Lee, Col. Thomas, 72-4, 79, 82, 330.
—Note on, 330.
Legislative business designated, 136.
516
General Index.
Lernoult, Maj., 899, 413, 421, 424.
Lieutenant Governor of Vermont I
ex officio Major Genera], 499.
Lincham, William, 39.
Lincoln, Gen. Benjamin, 350.
Liscomb, Nehemiah, 76.
Livermore, Hon. Samuel, of N. H., '\
157, 241, 309, 320, 326, 346, 368, I
371, 374, 387-9, 475.
Livingston, Hon. Robert R,, of N.
Y., 246, 248, 267-8, 475, 481.— Let- \
terof: to Dr. Franklin, on the Hal-
dimand Correspondence, 481.
Livius, Peter, 207, 230.
Loan Certificate, form of, 23.
Lock, Capt. Josiab, 44.
Long Island, 419.
Lossing, Benson J., 502.
Lottery, 72.
Lovell, Oliver, 278, 283, 488.
Lovewell, Capt. John, and Col. Zac-
cheus, 140.
Lovewell, Capt. Nehemiah, 21, 67,
86, 107, 140-41, 145-6.-Note on,140.
Lowell, Hon. John, of Mass., 197.
Lush, Stephen, 91.
Lutterloth, Col. TL E., 110, 381.—
Note on, 110.
Lyman, Ensign Elihu, 16.
Lyman, Lieut, Isaac, 99.
Lyman, Phineas, 55, 57-8, 135.
Lyman, Lieut. Simeon, 408.
Lyman, William, 56.
Lynde, Daniel, 155.
Lyon, Rev. Asa, 499.
Lyon, Col. Matthew, 1, 4, 8, 17, 23- I
4, 27, 44, 49, 50, 63, 90. 103, 124,
133, 144, 164, 232, 295, 299, 301-3,
355, 383, 414, 428.
Lyon, Lieut. Zebulon, 67, 81.
M
McCarty, Hugh, 116.
McConnell, Stephen, 299.
McDougall, Gen. Alexander, of N.
Y., 181-2. 268. 270-71, 273, 408.—
Letter of: to Gov. Clinton, 270,408.
McGregors, [McGregory, probably,
one being James,] Messrs., 8.
McKean, Hon. Thomas, of Del.,
177, 179, 308, 315, 320.— Letter of:
as President of Congress to Gov.
Clinton, Aug. 8 1781, quoted, 366.
McKeen, Rev. Silas, 124.
McKeil, John, 463.
McKinstry, Maj., 459.
McNeil, Gen. John, 33, 143.
Madison, President James, 62, 201,
203, 216, 308, 312, 315, 320, 363,
887-8, 390. Letters of: to Ed-
mund Pendleton, 312,388; to Ed-
mund Randolph,475; observations
on the influence of Vermont up-
on the politics of Congress, 475.
Maine, 108, 203.
Marsh, Daniel, 8, 10.
Marsh, Col. Joel, 28, 30, 38, 299.
Marsh, Lieut. Gov. Joseph, 91, 96,
105, 170, 174, 241, 262, 296.— Let-
ters of: to com'tee of Congress, 174,
to President of Congress, 247, 249.
Marsh, Col. William, 131.
Martial law of the U. S. adopted
by Vermont, 25.
Martin, Daniel, 102, 301.
Martin, Jonathan, 342.
Marvin, Elihu, [instead of Mar-
win,] 52, 500.
Maryland, 192, 216, 235, 308, 311,
316, 320, 375, 377, 387, 389, 394-5,
408.
Mason grant, or line, 173. 182, 233,
271, 277-8, 280, 284, 287, 289, 352,
356-7, 479, 488.
Mason, Russell, 295.
Massachusetts, 59, 62, 74, 92, 193-7,
203, 216, 246, 273, 311-13, 320, 350,
352, 365, 375, 377, 387, 389, 394-5,
428. — Claim of, to part of Ver-
mont, 193-99, 204-6, 225-6, 257;
claim relinquished, 199; northern
boundary of. fixed in 1740, 204,
225.
Matlack, Col. Timothy, 237.
Matthews, Maj. Joel, 58, 78.
Matthews, Hon. Jonathan, of S. C,
320.
Matthews, Capt. R., 414, 421, 425,
479. — Letters of: to Capt, Justice
Sherwood, 421-23.
Mattison, Francis, and Joshua, 150.
Mattocks, Hon. Samuel, 144.
Meacham, Lieut. Jonathan. 11, 13.
Mead, Israel, 296.
Mead, Col. James, 30.
Memorial of Lebanon, N. H., Con-
vention to Congress, July 27,
1779, 170.
Merrill, Jedediah, 80.
Merrimac river, 204, 225.
Middleton, Hon. Arthur, of S. C,
364, 372, 374, 389, 391.
Miles, Timothy, 79.
General Index.
51"
Mills, Lieut, Timothy, 78.
Mission to New York, 143, 382-3.
Mission to the middle States, 235-
237.
Missisquoi bay, 112; river, 226.
Mohawk river, 443.
Money, depreciation of, 10, 96.
Monroe doctrine, 203.
Montgomery, Hon. John, of Pa.,
316, 389, 475.
Moore, Sir Henry, 121.
Moore, John, 24.
Moore, Jonas, 159.
Morey, Col. Israel, 96, 110, 444-5.—
See Moron.
Morgan, Isaac, and Nathan, 81.
Moron, Col. [Israel Morey,] 444-5.
Morrill, Hon. Justin S., 502.
Morris, Richard, 404.
Morse, Barnabas, 299, 301.
Morse, Moses, 54.
Morse, Nathaniel, 81.
Mosely, Roswell, 80.
Moulton, Samuel, 146.
Mount Independence, 450, 453.
Mowry, Hon. Daniel, jr., of R. I.,
320.
Murdock, Maj. Thomas, 44, 63, 97-8,
100, 101, 113, 118, 288-9, 297, 299,
301.
Murray, John, Earl of Dunmore,
94, 493.— Note on, 94.
X
Naboth the Jezreelite, 494.
Navy, timber reserved for, 51. — See
Timber.
Nealey, Capt. Abner, 59.
Negotiations with other States, 59.
See Alliance and Confederation,
and Mission to the middle States.
Newcomb, Daniel, 279, 283.
Newell, Col. Timothy, 55.
New Hampshire, 5, 9, 62, 74, 92, 94,
133, 137, 170, 272-4, 310, 312-15,
320, 322-4, 326, 332, 335, 350, 352,
375, 377, 387, 389, 394-5, 408. War
with Vermont contemplated by,
133, 335-50; Convention of, 1775,
171; claim of to Vermont dis-
cussed, 206-7, 226-233, 257; min-
ute of the assent of Council to
the western bank of Connecticut
river as a boundary, 230; resolu-
tions of Jan. 31 1781 to claim the
territory unless Congress shall
decide to admit Vermont to the
Union, 274; instructions, March
31 1781, to its delegates to prose-
cute the claim, noted, 310, 320;
act of, Nov. 28 1781, to enforce its
authority in Cheshire and Grafton
counties, 336; arrests ordered by,
341. order to commit Doct. Wil-
liam Page to prison, 341; vote of
Jan. 8 1782 to raise troops against
Vermont, 344.
New Jersey, 192. 216, 235, 311, 316,
320. 375, 377, 387, 389, 395, 448.
New York, 59, 74-5, 92-4, 133, 137,
170, 273, 308, 310-15, 320, 322-4,
326, 332-3, 347-50, 352, 364, 367,
375, 377, 387-90, 394-5, 400, 409,
473, 490, 493 —War upon Ver-
mont attempted by, 133, 326-335;
instructions to its delegates in
Congress, Aug. 27, 1779, 179 ;
Dutch title to/denied, 208; claim
of, to Vermont, discussed, 208-9;
cession of western land by, 236,
388; senate of, favorable to Ver-
mont in 1781, but thwarted by
Gov. Clinton. 267-273; weakness
of, 1780-82, 298 ; protected by
Ethan Allen in 1780, 48, 351 ;
protest of, against resolutions of
Congress of Aug. 7 and 20 1781.
364-367; large land grants of, in
Vermont, 495; out-la wry acts of,
referred to, 492, 497 ; quieting
acts of, April 14 1782, 391-394.
Newspapers in Vermont, 12, 13, 69,
137, 151.
Newton, Rev. Ephraim II., 113.
Newton, John, 37.
Nichols, Elisha, 80.
Nichols, Gen. Moses, and note on.
346.
Noble, Ephraim, and Tehan, 81.
North Carolina, 104, 234, 311, 375,
377, 390, 395.
Nourse, Joseph, 142.
O
Oakes, Lieut., 98.
Ober, Ebenezer, 159.
Offsets, 72.
Olcott, Gen. Peter, 30, 88, 114, 116-
18, 121, 125-6, 138, 143, 146, 170,
174, 188, 241-2, 245, 261, 263, 280,
283, 313-14, 323-4, 339, 411-12.—
Credentials of, as agent to Con-
518
G-eneral Index.
gress, for towns in the valley of
Connecticut river, 241, 252; rep-
resentation of, as Agent, 242, 244.
—Letters of: to Congress, 245;
Joseph Marsh, Peter Olcott, and
Rezaleel Woodward to Congress,
July 20 1780, 249.
Olcott, Hon. Simeon, of N. H., 116-
17, 124, 138, 140, 379.— Note on,
116.
Olin, Hon. Gideon, 107, 144, 301.
Onion river, 77, 492-3.
Opinions on the Haldimand Nego-
tiation, 480-85; of Rev. Dr. Sam-
uel Williams, 480; of Hon. Rob-
ert R. Livingston, of N. Y. in
1782,481; of Rev. Jared Sparks,
482.
Ormsby, Maj. Gideon, [once given
as Armsbury,] 109, 144, 148, 299,
301.
Osgood, Capt. Aaron, 306.
Osgood, Hon. Samuel, of Mass., 320.
Otter Creek, 492-93.
Owen, Daniel, 25.
P
Paca, Hon. William, of Md., 179.
Page, Enoch, 96.
Page, Dr. John, 131.
Page, Dr. William, 33, 95, 110, 117,
119, 278-9, 283, 289, 294-5, 299,
302, 325, 338-41, 343, 346, 348-50,
368, 379, 382. — Imprisoned by
New Hampshire, 341. — Letter of:
to Lieut. Gov. Payne, extract,
344.
Paine, Capt,, 499.
Paine, Daniel, 306.
Pale, [or Gale,] 42.
Pamphlets and Documents, see ta-
ble of contents, iii-viii.
Parker, Elijah, 380.
Parker, Jonathan, 490, 496-7.
Parkhurst, Calvin, 72, 81, 299.
Parkhurst, Ebenezer, Jabez, Jo-
seph, and Phineas, 81.
Parkhurst, Tilly, [ erroneously
printed Peleg,] 81, 501.
Passports to Tories, 36, 39.
Passumpsic river, 326.
Patridge, Samuel, 135.
Patridge, Hon. George, of Mass..
320, 371, 374.
Patterson, Lieut. Isaac, 98.
! Patterson, Gen. John, ill, 381.—
Note on, 111.
Patterson, Lieut. John, 298.
Pattison, Capt. Robert, 158.
Paverly, Joseph, 96.
Pawlet river, 320.
Pavne, Lieut. Gov. Elisha, 70, 95-7,
114, 116-17, 125. 129, 132-3, 138,
151, 157, K9, 174, 280, 283, 285,
287, 290-95, 299, 303, 323-5, 339-41,
344, 348-50, 355, 368, 379, 451, 499.
— Letters of: to President Weare,
343, 340; to Roger Enos and Ira
Allen, 325.
Payne, John, 13, 128, 137-8.
Pavne, John 3d, and Noah, 137.
Pav-Table, Committee of, 31, 118,
133, 141, 158.
Peabody, Hon. Nathaniel, of N. H.,
185.
Pearl, Col. Stephen, 44, 60, 66, 70,
95, 288, 293, 297, 299, 301.—Deben-
ture account of, 80. — Note on, 44.
Pendleton, Hon. Edmund, of Va.,
312, 388.
Pennsvlvania, 192, 216, 235-6, 316,
320, 375, 377, 387, 389, 394-5, 443.
Pennsylvania Packet, 406.
Perham, Jonathan, 24.
Persons, Medad, 80.
Peters. Gen. Absalom, 295, 299, 302.
Peters, Rev. Hugh, 499.
i Peters, Lieut, Col. John, 146.
I Peters, Rev. Dr. Samuel, and Rev.
Dr. Samuel A., 499, 500.
| Petitions of New York towns for
admission to Vermont, 297-8.
; Pettibone, Eli, 299.
Phelps, Bezaleel, 331.
Phelps, Charles, 197, 278, 488.
Phelps, Davenport, 283, 296, 299,
302, 304.
Phelps, Hon. James H., 259, 487-8.
Phelps, Hon. Samuel S., 136.
Phillipse, Frederick, and Susanna,
398.
Phippren, or Phippen, Lieut. Sam-
uel, 78, 86.
Pierce, Daniel, 207, 230.
Pierce, Lieut. Jonas, 99.
Pine, see Timber.
Piatt, Zephaniah, 270.
Poland, partition of, 219, 484.
Pomeroy, Capt., 342.
Pope Gregory XIII., 498.
Porter, Hon. Thomas, 57, 63, 101-4,
148, 285, 299, 301.
General Index.
519
Post, Roswell, 44, 72, 88, 109, 299,
301.
Post route, first in Vermont, 100.
Post, Lieut. William, 07.
Poultney river, 320.
Powell, Capt. John, 67, 72, 145, 301.
Powell, Martin, of Manchester, 289,
294, 299, 301, 382.
Powers, Lieut. David, 07, 80, 145.
Pratt, Capt. John, 98, 342.
Prentice, Ensign, 432, 430.
Prentice, Nathaniel S., 95, 107-9,
283, 295, 299, 300, 335, 341-2.—
Arrested l>y New Hampshire,
342.
Presbyterian Whigs of New Eng-
land, 481.
Prescott, Gen. Richard, 123.
Printing in Vermont, 26, 33, 38,42,
151.
Probate districts, 82, 110.
Proclamation of Ethan Allen and
associates, Feb. 5 1772, for the
arrest of James Duane and John
Kempe, 107; of Gov. Chittenden,
announcing the Western Union,
July 18 1781, 307; of Gov. Clin-
ton, Feb. 23, 1778, extract, 480.
Protest of New York against reso-
lutions of Congress, of Aug. 7
and 20 1781, 304-67; of adherents
to New York in Cumberland
county against Vermont in 1778,
extract, 486-88.
Pulsifer, David, 126.
Putnam, Capt., 69.
Putnam, Miles, 299, 301.
Putnam, Nathan, 56.
Q
Quebec bill [British] of 1774, 251,
253 282.
Quebec, province of, 17, 24, 209, 224'
396.
Questions of Committee of Con-
gress, and answers by Vermont
delegates, 318; of Gen. Haldi-
mand to Ira Allen and Joseph
Fay, and their answers, 442.
R
Randall, Benjamin, 306.
Randall, David, 302.
Randolph, Hon. Edmund, of Va..
316, 320, 367, 372, 374.
Ransom, Ezekiel, and Gov. Epaph-
roditus and wife, 3.
Raymond, Capt., 85.
Read, Hon. David, 498.
Redding, David, trial and execution
of, 167-8.
Reed, Hon. Joseph, of Fa., 237.
Reeve. Hon. Tapping, of Conn.,
201.
Remembrancer, the, [London,] 463.
Reports of British Agents in Ver-
mont, 428.
Reynolds, Maj., [Col.,] 115, 129-30.
Rhode Island, 59, 02, 210, 272, 275.
308, 311, 352, 304, 375, 377, 387,
389, 394-5.— Resolution of, in
favor of Vermont, 276.
Rice, Barzillai, 155, 278, 488.
Rice, Samuel, 96.
Richardson, Capt. Luther, 105, 124.
Note on, 124.
Riedesel, [sometimes erroneously
Reidesel,] Lieut. Gen. Frederick,
Adolph, 430, 444, 400, 471.
Rindge. Daniel, 207, 230.
Ripley, William, 96, 295, 299, 301.
Rising, Aaron, 81.
Rix, Daniel, and Gardner, 81.
Rix, John, and Joseph, 81.- [Joseph
John on the record.]
Rix, Nathaniel, 500.
Roback, Doct. Jacob, 21, 498.
Roberts, Nathan, 71.
Robertson, Lieut. Gen. James, 433,
443, 440, 453, 468.— Note on, 443.
Robinson, Amos, 4, 12, 44, 54, 57,
72, 288, 296, 299, 301.
Robinson, Col. Beverly, 90, 91, 108,
319, 396-99, 406, 408, 413, 410,
419-22, 427-8, 435, 482-3.— Letters
of: to Ethan Allen, 397, 405; to
Gen. Haldimaud, 417.— Note on,
398.
Robinson, Lieut., 342.
Robinson, Gov. Moses, 1, 4-6, 9-11,
18, 19, 21, 34, 36, 39-41, 44, 59,
101-2, 106-7, 114-18, 120, 134, 130-
39, 142-3, 145, 148, 156-9, 163-4,
192, 235, 299, 301, 331, 380, 382-5,
410, 427-8, 498.— Delegate to Con-
gress, 382-5. — Letters of: Jonas
Fay, Moses Robinson, and Ste-
phen R. Bradley to Congress, 238,
243; Jonas Fay, Moses Robinson,
Paul Spooner, and Isaac Tichenor
to Congress, 386, 390.
Robinson, Moses, of Rupert, 22.
520
General Index.
Robinson, Nathaniel, of Westmin-
ster, 294, 299, 301.
Robinson, Col. Samuel, of Ben-
nington, 9, 14, 18-21, 28, 30, 33-4,
37-8, 44, 58, 63, 66, 70. 86, 100, 101,
113, 289, 301-2, 304, 327, 427, 431,
453.— Letter of: to Gen. Stark, 327.
Rodney, Hon. Thomas, of Del. ,371,
374.
Rogers, Daniel, 207, 230.
Rogers, Col. James, 7, 8, 10.— Mrs.
James, 8, 9.
Rogers, John, 301-2.
Rogers, Nathaniel, 96.
Rood, widow Sarah, 81.
Root, Rev. Benajah, 4.
Root, Hon. Jesse, of Conn., 179, 394,
475.
Rose, Justice, 146.
Ross, Gen. Alexander, 468.
Rove, [perhaps Rowe,] Jacob, 454.
Row, Mary, 200.
Rowley, Thomas, 299, 301.
Rowley, Lieut. Thomas, jr., 80.
Royce, Elihu Marvin, 498.
Royce, Hon. Homer E , 498.
Royce, Lieut. Jonas, 145.
Royce, Rodney C. 498.
Royce, Maj. Stephen, 497-8.
Royce, Stephen, [jr.,] 498.
Royce, Gov. Stephen, 498.
Rules for the payment of troops, 65.
Russell, David, 13.
Russell, Capt, Josiah, 295, 299.
Russell, Thomas, 96, 295. 299, 302.
Rust, Matthias, 76.
S
Sabin, Hon. Noah, 93, 122, 125.—
Note on, 93.
Sabin, Noah, jr., 94.
Sabine, Lorenzo, 147.
Safford, Capt. J esse, 35- 6, 38, 67, 500.
Safford, Col. J., 38.
Safford, Capt. Joseph, 18, 66, 453,
500.
Safford, Capt. Philip, 30.
Safford, Gen. Samuel, 58, 89, 107,
118, 142, 145, 148, 152, 327-8, 330-
31, 333, 347, 380, 382-3, 410, 427-
8, 421.— Letter of: to Gen. Stark,
327. N
St. Leger, Col. Barry, 129-31, 451,
453,^455, 459, 467.— Letter of: to
Gen. Haldimand, 454.
Salisbury, Capt. Abraham, 78, 450.
Sawyer, Capt. Jesse, 35-6, 46, 60, 67,
78, 85, 145, 149.
Saxton, Lieut. George, 86.
Schuyler, Maj. Gen.' Philip, 91, 246,
268-70, 272, 355, 401, 409, 425, 453,
470. — Letter of: to Washington,
extract, 460.
Scott, Hon. John Morin, of N. Y.,
246, 248, 387-8, 391, 394.
Sealev, Capt. Abner, 44, 72, 74, 78,
86,299.
Sealey, Austin, 12, 17.
Seaver, Capt. Comfort, 18, 38.
Secretary of State, duties and fees,
7.
Sedgwick. Maj. Abraham, 56.
Sergeant, CoL John, 144, 261. 278,
487-8.
Sessions, John, 151, 179.
Seymour, Hon. Horatio, 136.
Seymour, Capt. Uriah, 56, 146.
Sharpe. Hon. William, of N. C,
320.
Shelburne, Lord, 475, 478.
Shephard, Hazael, 80, 299.
Shephard, Simeon, 81.
Shepherd, John, 302.
Shepherd, Capt, William, 306.
Shepherdson, Maj. John, 9, 155. —
Note on, 9.
Sherman, George, 301.
Sherman, Lieut. Col. Isaac, 380.
Sherman, Hon. Roger, of Conn.,
308, 315, 319-20.
Sherman, Samuel, 106, 131.
Sherwood, Capt. Justice, 48, 141,
400, 402-3, 408, 410, 412-13, 425,
431, 437, 440, 464, 470, 479-80.—
Letters of: Sherwood to Ira Allen,
439; Sherwood and Doct. George
Smith to Gen. Haldimand, ex-
tracts, 433; their reports on the
Haldimand negotiation, 444, 451;
to Gen. Haldimand, 454; to Ira
Allen, 461; to Ira Allen and
Joseph Fay, 465, 468.
Shirley, Gov. William, 205.
Short, D., 76.
Silsby, Henry, 129.
Simmons, Col. Benjamin, 58.
Simonds, John, 7.
Simonds, Sarah, 75.
Simonds, Capt. William, 113.
Simons, John, 126.
Skene, Col. Philip, 220, 229, 239,
287, 288, 298, 359, 472-3. Ac-
counts of his projected charter of
General Index.
521
Vermont, and part of New York,
240, 370.
Skinner, Gov. Richard, 136.
Sleeper, Samuel, 121.
Smalley, Mrs. B. H., 497.
Smalley, Lieut. James, 80, 145.
Smith, Capt. Daniel, 149.
Smith, Elihu, of Clarendon, 72, 88,
109, 289, 299.
Smith, Maj. Francis, 120.
Smith, Doct. George, 147, 152, 211,
402-3, 408, 410, 420, 437, 464, 480.
Extract from journal of, 425. Let-
ters of: See Justice Sherwood, let-
ters of. Notes on, 147, 425.
Smith, Lieut. Israel, of Brattlebor-
ough, 200.
Smith, Israel, of Thetford, and note
on, 125.
Smith, John, 80.
Smith, John, of Socialborongh, [part
of Clarendon,] 500.
Smith, Joseph, of Clarendon, 299,
301.
Smith, Hon. Merriwether, of Va.,
179, 320.
Smith, Moses, of Chesterfield, N.
H., 341-2.
Smith, Noah, of Bennington, 32,381.
Smith, Philip, 73.
Smith, Robert, of Londonderry, N.
IL, 341-2.
Smith, Samuel, [erroneously print-
ed B.,] of Fairlee, 302, 501.
Smith, Seth, of Brattleborough,
representation of to Congress,
372; petition for pardon, 147, 373.
Smith, Capt. Steele, of Windsor,
52, 58.
Smith, Terence, 147, 152.
Smith, Hon. Thomas, of Pa., 320.
Smith, Thomas, of Saratoga, N. Y.,
302, 306.
Smith, Judge William, of New
York, 121, 147, 465.
Song of the Vermonters, occasion
and date of, 326.
Sparks, Rev. Jared, 394, 396, 482.
Spaulding, Charles, 76.
Spaulding, Capt. Leonard, 92-3.
Spear, Jacob, 56.
Spencer, Lieut. Gideon, 67, 86.
Split rock, 422.
Spooner, Alden, 12, 38; note on, 12.
Spooner, Daniel, 52, 299.
Spooner, Eliakim, 56, 119.
Spooner, Judah Padock, 12, 38, 80,
101-5; note on, 12.
36
Spooner, Lieut. Gov. Paul, 1, 4-7,
9, 20, 33, 40, 41, 43, 46, 58, 63, 70,
72, 77, 87, 97, 101, 104, 106-7, 114-
18, 120, 128, 137-9, 142-3, 151, 155
-9, 175-7, 188, 191-2, 289, 381-2,
498. Agent to Congress, 177,
and Delegate, 382-5. — Letters of:
see Jonas Fay, letters of
Spooner, Paul of Brandon, Paul of
Hardwick, and Whipple, 498.
Sprague, Elkanah, 296, 299, 301.
Sprague, Gov. William of R. I., 51.
Stafford, Col. Joab, 18.
Stark, Capt. John, of Pawlet, 78, 86;
note on, 86.
Stark, Gen. John, 118, 167, 207, 214,
326-8, 331, 334, 346, 429, 449, 450,
453-4, 456, 460, 498.— Letters of:
to Maj. Gen. Heath, 449; Col.
Peter Yates, 332; Gov. Chitten-
den, 455; Gen. Washington, 459;
to President Weare, 332, 339.
Steele, Zadoek, 79.
Stevens, Abel, 96, 299.
Stevens, Lieut. Benjamin, 67.
Stevens, Elias, 81.
Stevens, Henry, and Henry, jr., 396.
Stevens, Lieut. John, 96, 295.
Stevens, Jonathan, 299, 301.
Stevens Papers, 396-7, 400.
Stevens, Maj. Simon, 126, 278, 486,
488.
Stiles, Rev. Dr. Ezra, 25, 104; note
on, 25.
Stiles, Ezra, Esq., 38, 42, 101-4, 294,
321,
-4, 382-3; note on, 104.
Stirling, Lord, 453, 455-6.— See Al-
exander, William.
Stiversant and Stiverstant, [perhaps
Stuyvesant,] 76.
Stone, Matthias, 283, 295, 299, 302.
Stone, Col. William L., of New
York, 329, 355, 463.
Storrs, Aaron, 52.
Strong, Gen. John, of Addison, and
Dorset, 12, 57, 63, 106, 110, 113,
148, 288-9, 299, 301, 383; note on,
106.
Strong, Capt. John, of Woodstock,
71, 78, 99, 283, 299.
Sullivan, Gen. John, of N. H., 260,
309, 310.
Sumner, John, 76.
Sunderland, Peleg, 491.
Support of the gospel, and schools,
493.
Sutton, Benjamin, 106.
Sway of chain, rule for in surveys,17
522
Creneral Index.
Sweden, 219.
Swift, Hon. Benjamin, Rev. Job, i
and Hon. Samuel, 142.
Swift, Col. Heman. and note on, |
142.
Taggart, Lieut. Thomas, 158.
Taplin, Col. John, 105, 299, 301.
Taylor, John, of K Y., 195.
Taylor, John, of Worcester, Mass., I
259.
Taylor, Joseph, 156.
Taylor, Maj., 334.
Taxation for the support of the I
gospel, &c., 26-7.— See Town '
taxes.
Telfair, Gov. Edward, of Ga., 372,
374.
Temple, Jonathan, 56.
Thomas, Reuben, 31.
Thompson, Abel, 94.
Thompson, Charles, 42.
Thompson, Silas, 295-6.
Throop, Hon. John, 1, 5, 9. 11, 18, j
40-42, 58, 70, 72-3, 81-2, 87, 101,
105, 114, 116-17, 120, 128, 137-8,
140, 155, 158-9, 297.— Note on, 2.
Thurber, David, 301.
Tichenor, Gov. Isaac, 33, 118, 143,
157-8, 384-5.— Agent and Dele-
gate to Congress, 382-5. — Letters
of: see Jonas Fay.
Tilden, Stephen, 296.
Tilliston, [Tillison,] Daniel, 90, 128. |
Timber, pine, reserved by the State, j
16, 17, 22, 51.
Tolman, Thomas, 23, 28, 40, 46, 61, \
66, 69, 70, 114, 133, 154-5, 385.
Town taxes, &c, 29-31, 34, 72.
Towns— Acworth, N. H., 295.
Addison, 106, 490.
Albany, [called Lutterloh,] 110, 152,
326.
Albany, N. Y., 74, 85, 128, 147, 179, j
256, 268, 269, 270, 271, 273, 311, |
326, 327, 329, 351, 383, 402, 406,
410, 411, 416, 421, 425, 453, 462, ;
469, 470, 471, 472, 474, 475, 477.
Alburgh, 320.
Alstead, N. H., 95, 98, 108, 295, 300, j
341.
Amherst, N- H., 346.
Argyle, N. Y., alias Scotch Patent,
305, 306.
Andover, 7, 31, 57, 125.
Arlington, 1, 8, 12, 17, 18, 19, 21, 22,
23, 28, 31, 32, 34, 35. 37, 38, 39, 40,
60, 66, 71, 84, 106. 114, 120, 131,
132, 153, 163, 166,' 191, 295, 318,
332, 339, 350, 379, 385, 399, 428,
490.
Athens, 24, 27, 31, 159, 295.
Ballston, X. Y.. 469.
Barnard, 9, 31, 37, 295.
Barnet, 31, 71, 149, 170, 244, 245.
Barre, [called Wildersburgh,] 59.
Barton, [called Providence,] 122,
123. 125, 148.
Bath. N. H., 96, 170, 295, 296.
Bennington, 1, 2, 13, 16, 18, 31, 36,
38, 40, 41, 51, 65, 80, 89, 101, 102,
103, 112, 114, 126, 132, 134, 137,
144. 147, 151, 153, 154, 165, 166,
167, 175. 179, 180, 232, 288, 289,
294, 295, 302, 304, 318, 319, 329,
331, 333, 334, 374,-377, 380, 417,
419, 428, 430, 459, 466, 489, 490,
491, 496.
Benson, 11,13, 16, 17, 319.
Berkshire, 24, 26, 498.
Bethel, 11, 13, 14, 16, 72, 77, 295.
Black Creek, N. Y., 300, 302, 305,
306.
Boston, Mass., 197, 349.
Bradford, [called Mooretown,] 31,
32, 121, 135, 146, 158, 295.
Braintree, 56.
Brandon, [called Neshobe,] 490, 498.
Brattleborough, 31, 92, 93, 105, 139,
147, 156, 158, 160, 163, 224, 259,
261, 299, 372, 411, 418, 486, 487.
Bridport, 490.
Brighton, [called Gilead,] 52, 500.
Brimfield, Mass., 203.
Bristol, R. L, 123.
Brookfield, 55, 57, 58, 91, 124, 128,
134, 135, 137, 138.
Brownington, 147.
Burke, 146.
Burlington, 44, 489, 498.
Cabot, 52.
Cambridge, 1, 2, 58, 132.
Cambridge, Mass., 2, 45, 104, 111.
Cambridge, N. Y., 116, 164, 297,
298, 299, 300, 301, 302, 304, 305,
306.
Campden, N. Y., 297, 298.
Canaan, N. H., 126, 170.
Canterbury, Conn., 499.
Cardigan, N. H., [now Orange] 170.
Castleton, 31, 34, 43, 47, 48, 49, 74,
77, 106, 109, 111, 129, 295, 327, 403,
414, 429, 453, 454, 455, 490.
General Index.
523
Towns—Continued.
Catskill, N. Y., 464.
Cavendish, 31, 295.
Charleston, [called Navy,] 52.
Charleston; IS. C, 53, 451, 471.
Charlestown, N. H., 33, 70, 73, 95,
98, 115, 116, 129, 130, 140, 251,
259, 278, 280, 283, 284, 285, 286,
287, 295, 321, 335, 338, 340, 345,
346, 348, 379, 382, 486, 488.
Cheshire, Conn., 200.
Chelsea, [called Turnersburgh,] 52.
Chester, 1, 31, 40, 73, 295, 380.
Chesterfield, N. H., 98, 295, 335,
338, 341, 342, 343, 345, 379.
Chittenden, 27, 83.
Claremont, K. H., 97, 110, 295.
Clarendon, [called Socialborough.]
29, 31, 289, 295, 490, 494.
Colchester, 1, 40, 108, 114, 490, 491.
Concord, 57.
Corinth, 31, 140.
Cornish, N. II., 75, 81, 96, 283, 284,
285, 289, 293, 294, 295, 408.
Cornwall, 125.
Cornwall, Conn., 142, 497.
Coventry, 55, 501.
Coventry, Conn., 55.
Craftsbury, [called Minden,] 54.
Cranston, R. I., 53.
Croydon, N. H., 96, 295,
Banbury, Conn., 200.
Danby, 31, 121, 295, 490.
Derne, Tripoli, 202.
Detroit, Mich., 468.
Dobbs Ferry, 380.
Dorchester, N. H., 295.
Dorset, 31, 77, 106, 140, 141, 143,
159, 177, 288, 295, 490.
Dresden, [part of Hanover, N. H.,]
12, 95, 96, 97, 98, 100, 101. 110,
114, 116, 173, 251, 295, 296.
Dummerston, 31, 159, 295.
Eden, 58.
Eastborough, N. Y., 305, 306.
East Haven, 56.
Edinburgh, Scotland, 106.
Enfield, [alias Relhan,] N. H., 170.
Enosburgh, 24, 26, 108.
Exeter. N. H., 341, 342, 343. 344, i
346, 348, 349.
Fairfax, 126.
Fairhaven, 11, 14, 16, 17, 19, 305, 319. I
Fairlee, 31, 32, 170, 244, 245, 295.
Farmington, Conn., 52.
Farmington, Mass., [now Maine,] 18
Fayston, 148.
Ferrisburgh, 490.
Fishkill, N. Y., 468, 477.
Fletcher, 55.
Fort Edward, N. Y., 300, 305, 306.
Franconia, N. H., [called Moris-
town,] 96, 295, 296.
Franklin, 498.
Georgia, 490, 491.
Gilraanton, N. H., 110.
Gilsum, N. H., 295, 296.
Glastonbury, 18.
Glover, 111, 152.
Goshen, 27, 140, 145.
Grafton, [called Tomlinsou,] 73.
Grafton, Mass., 2.
Grafton, N. H., 295.
Granby, 18, 139.
Grand Isle, [see Two Heroes,'] 86,
499.
Grantham, X. H., 295.
Granville, [called Kingston,] 56.
Granville, N. Y., 100, 297, 298, 300-
302.
Greenfield, N. Y., 300, 302.
Greensborough, 52.
Greenwich, Conn., 208.
Groton, 58.
Guildhall, 36, 124, 139.
Guilford, 1, 9, 31, 40, 92, 105, 126,
155, 158, 160, 295, 372, 487.
Halifax, 31, 105, 158, 160, 288, 304,
379.
Halifax, Nova Scotia, 461, 462, 463,
468, 471, 476.
Hancock, 54.
Hanover, N. H., 12, 95, 96, 98, 114,
170, 171, 295, 445.
Hardwick, 56, 498.
Hardwick, Mass., 1.
Hartford, 31, 77, 170, 244, 245, 288,
295, 296.
Hartford, Conn., 200, 223, 355, 419,
491.
Hartland, [called Hertford, and
Waterford,] 1, 31, 40, 76, 108, 114,
156, 157, 295, 498.
Hatfield, Mass., 135, 197.
Haverhill, Mass., 110.
Haverhill, N. H., 96, 98, 110, 170,
295, 296, 468.
Hebron, Conn., 146, 499, 500.
Hinsdale, N. H., 109, 294, 304, 382,
411.
Hoosic, N. Y., 300, 302, 305, 306,
329, 333, 334, 348, 380, 459.
Hubbardton, 28, 140, 141, 352.
Hydepark, 52.
Ira, 59, 148.
Isle la Mott, 11, 13, 16, 17, 320.
Jamaica, 55, 108, 109.
524
General Index.
Totvns— Continued.
Jay, [called AVyllis,] 25, 20, 152.
Jericho, 132.
Johnson, 149, 150.
Johnstown, N. Y., 471.
Keene, N. H., 98, 104, 110, 341, 342.
Killing worth, Conn., 25.
Kingsbury, [Kingsborough,] N. Y.,
300, 305, 300, 401.
Kingston, li. L, 51.
Kingston, N. Y., 270.
Lancaster, N. II., 205.
Landalf, N. II., 170, 205, 500.
Landgrove, 57, 125.
Lansingburgh, N. Y., 122, 320, 327,
474.
Lebanon, Conn., 114.
Lebanon, N. II., 95, 00, 114, 170,
174, 295.
Leicester, 94.
Leicester, Mass., 55.
Lempster, N. H., 295.
Lexington, Mass., 415.
Lincoln, 58.
Litchfield, Conn., 5G, 130, 201.
Lisbon, N. II., [called Gunthwaite,]
295, 290.
Little Hoosic, N. Y., 300, 302, 305,
300.
Londonderry, [called Kent,] 78, 31,
32, 57, 139, 295.
Londonderry, 1ST. II., 341.
Lubec, Prussia, 498.
Ludlow, 10.
Lunenburgh, 107, 124.
Lyman, N. H., 90, 295, 290.
Lyme, N. H., 90, 170, 295, 290, 300,
445.
Lyndon, 50.
Maidstone, 124, 139, 380.
Manchester, 4, 15, 20, 31, 95, 101,
101, 102, 289, 294, 295, 489, 490,
491, 494.
Marblehead, Mass., 111.
Marietta, Ohio, 53.
Marlborough, 31, HI, 112, 113, 100,
197, 295.
Marlow, N. H., 295.
Marshfield, 128.
Mention, [called Medway, and Par-
kerstown,] 83.
Middlebury, 94, 142.
Montgomery, 25, 20, 32.
Montpelier, 3, 45, 03.
Montreal, P. Q., 107, 404.
. Morgan, [called Caldersburgh,] 55.
Morristown, 54.
Mount Tabor, [called Harwich,]
125.
Neuchatel, Switzerland, 390.
Newark, 50.
Newbury, 31, 78, 124, 140, 141, 170,
244, 245, 412, 444.
Newfane, [called Fane and New
Patmos,] 8. 31, 110, 159, 259, 200,
295, 297, 487.
New Haven, 152.
New Haven, Conn., 25, 104, 149,
150, 200.
New London, Conn.. 38, 104.
Newport, N. II., 95, 97, 295, 304,
344.
Newport, R. I., 123.
New Providence, Mass., [obsolete,]
18.
New Stamford, N. II., 290).
New Stockbridge, N. Y., 127.
New York city, 400, 471.
Northfield, 58.
Northlield, Mass., 199.
Northborough, Mass., 111.
North Grantham, N. II., 90.
North Granville, N. Y., 305, 300.
Northampton, Mass., 428.
North Hero, [see Two i/eroe.s,] "519.
Norwich, 31, 32, 33, 77, 78, 114, 132,
170, 244, 245, 288, 293, 295, 411.
Norwich, Conn., 104.
Orange, 54.
Orange, N. II., [called Cardigan,]
295, 296.
Orford, N. II., 96, 170, 290, 304, 445.
Oswego, N. Y., 408, 471.
Panton, 490.
Paris, France, 390, 478.
Pawlet, 22, 31, 35, 44, 77, 86, 100,
295, 305, 318, 490.
Peacham, 295.
Peru, [called Bromley,] 57.
Philadelphia, [parts of Chittenden
and Goshen,] 27.
Philadelphia, Pa., 35, 39, 42, 135,
170, 217, 224, 235, 259, 277, 309,
314, 340, 379, 380, 384, 448.
Piermont, N. II., 90, 98, 295.
Pittstield, 54.
Pittsford, 28, 31, 34, 35, 43, 44, 74,
77, 109, 111, 113, 144, 295, 330,
454, 490.
Plainneld, N. II., 90, 170, 295.
Pokeepsie, N. Y., 405.
Pomfret, 1, 2, 31, 40, 114, 295.
Portsmouth, N. II., 207.
Poultney, 31, 107, 295, 297, 317, 318,
417, 490.
Pownal, 18, 31, 54, 80, 138, 143, 148,
152, 304, 305, 318, 319.
General Index.
525
Towns — Coutiuued.
Providence, K. L, 51, 52, 123.
Putney, 31, 93-4, 102, 159, 295, 487. ]
Quebec, P. Q., 47, 48, 400, 404, 470, \
475.
Queensborough, N. Y., 401.
Randolph, 51. 73, 79.
Heading, 31, 295.
Readsborough, 112.
Rehoboth, Mass., 93.
Richford, 25, 2(5, 32.
Richmond, N. II., 295.
Ripton, 94.
Rochester, 59, 77.
Rockingham, 31, 72, 78, 90, 113, 288,
304, 487.
Roxbury, 58.
Royal ton, 11, 13, 14, 10, 18, 19, 20,
31, 72, 81, 119, 147, 170, 244, 245,
295, 399, 501.
Rupert, 22, 31, 77, 81, 95, 288, 295,
318, 490.
Rutland, 1, 31, 40, 81, 83, 114, 145, |
289, 295, 330, 490, 498, 499.
Ryegate, 31.
St. Albans, 142, 498.
St. Coick, N. Y., 329, 331, 332, 334. j
St. Johns, P. Q., 48, 50, 352, 401.
St. Johnsbury, 51.
Salem, [called Gatesborough,] 54,
501.
Salem, Mass., 150.
Salisbury, 94, 130.
Salisbury, Conn., 100, 130.
Sandgate, 31, 295, 318.
Sandwich, Mass., 142.
Saratoga, N. Y., 118, 107, 300, 302,
300. 329, 332, 334, 339, 401, 409,
455^ 459, 475.
Saratoga East, N. Y., 305.
Savannah, Ga., 471.
Schaghticoke, N. Yr., 300, 320, 333,
334, 348, 379.
Schenectady, N. Yr., 209, 351, 475.
Scorticook, N. Y., 300, 302, 305, 300.
Searsburgh, 84.
Shaftsbury, 1, 18, 31, 40, 80, 99, 151,
152, 295, 297, 318, 319, 490.
Sharon, 31, 32, 170, 244, 245, 295.
Sheffield, 50.
Sheffield, Mass., 45.
Shelburne, 499.
Sherburne, [called Killington,] 83.
Shoreham, 490.
Shrewsbury, 10, 83, 149.
Shrewsbury, Mass., 259.
Somerset, 83.
Sorel, P. Q.,200.
South Granville, N. Y, 302, 305, 300.
South Hero, [see Two Heroes,~\ 44,
319.
Springfield, 31, 72, 480), 487.
Stamford, [called New Stamford,]
18, 31, 85.
Stamford, Conn., 100.
Starksborough, 58.
Sterling, 140.
Stockbridge, Mass., 127.
Stratford, 31, 32, 120, 139, 295.
Stratford, Conn., 150.
St ration, 109.
Sturbridge, Mass , 55.
Sunderland. 1, 18, 20, 31, 37, 40, 87,
114,284, 293,295,417,490.
Surry, N. II., 295.
Sutton, [called Hilly Mead,] 148.
Swanzey, N. II., 31*0, 321.
Thetford, 31, 32, 125, 294, 295.
Thornbury, England, 398.
Tinmouth, 29,31,77, 100, 102, 294,
295, 300, 490, 497.
Townshend, 1, 2, 3, 9. 31, 40, 75, 89,
114, 159, 295, 487.
Two Heroes, [including North and
South Hero, anil Grand Isle,] 13,
14, 10, 17.
Underbill, 50.
Unity, N. II., 97.
Upper White Creek, N. Yr., 300.
Upton, Mass., 2, 75.
Vernon, [called Hinsdale,] 31, 107,
139, 295, 487.
Vers hi re, 59.
Victory, 18, 53.
Vienna, Austria, 423, 434.
Waitstield, 14(5.
Walden, [granted in blank,] 52, 500.
Wallingford, 1(5, 29, 31, 83, 295, 490.
Wallingford, Conn., 200.
Walpole, N. II., 89, 98, 203, 259,
277, 278, 283, 295, 290, 310, 335,
337, 343, 345, 340.
Wardsborough, 55, 81.
Warren, 58.
Washington, 52.
Washington, D. C, 170.
Waterford, [called Littleton,] 58.
Weathersfield, 31, 295, 487.
Wells, 23, 29, 31, 148, 295, 305, 318,
490.
Wendell, N. II., [called Saville,]
97, 295.
Westfield, 25, 20.
Westford, 56.
Westminster, 9, 12, 13, 23, 31, 42,
80, 92, 103, 104, 137, 151, 109, 170,
201, 203, 213, 215, 294, 295, 487.
526
General Index.
To wns— Concluded.
Westmoreland, 1ST. H., 98,205,296.
310, 338, 342.
Weston, 125.
White Creek, alias New Perth, [Sa-
lem,] N. Y., 305, 306.
Whitehall, N. Y., [called Skenes-
borousrh,] 100, 109, 130, 240, 287,
297, 300, 302, 305, 306, 351, 353,
409, 440, 454.
White Plains, N. Y. 436.
Whitingham, 31, 32, 84, 295.
Wiekham, 134, 135.
Williainstown, 57.
Williamstown, Mass, 199, 305. 317.
Williston, 1,40, 114.
Wilmington, 13, 23, 24, 31, 44, 83, !
111,112,295,300.
Winchester, N. II., 98.
Windsor, 2, 12, 13, 31, 52, 70, 77, 78, I
82, 84, 87, 111, 137, 145, 151, 271,
284, 289, 293, 294, 295, 300, 470, 491. !
Windsor, Conn., 135.
Winhall, 380.
Woodbury, 56.
Woodbury, Conn., 35.
Woodford, 18, 83, 103.
Woodstock, 1, 31, 40, 78, 114, 295.
Woodstock, Conn., 202.
Worcester, Mass., 45.
Yeverden, Switzerland, 396.
Townsend, Hon. Micah, 116, 151,
157, 160, 180, 224, 278, 280, 283,
383, 486-8, 501.
Treasury, State, receipts from 1777
to 1786, 64.
Trescott, Jeremiah, 81.
Troops, raising and support of, &c,
13, 23, 28-31, 34-8, 41, 47, 53-4, 60,
65-09, 74-79, 82, 84-9, 98-100, 112,
120, 128, 141, 144-5, 149-50, 298,
302.
True, Moses, 295, 299.
Trumbull, Rev. Benjamin, 208.
Trumbull, John, printer, 170.
Trumbull, Gov. Jonathan, senior,
273-4.
Tryon, Sir William, 166, 207, 230-
31, 493, 496.
Tucker, Joshua, 120.
Tupper, Sergeant Archelaus, 130,
453, 459; note on, 453.
Tupper, Benjamin, 106.
Turner, Bela, 52.
Tyler, Maj. Joseph, 9, 32, 55, 75, 101 ;
note on, 75.
a
Underbill, Abraham, 301.
Underwood, Jonathan, 299, 301.
Union, second Eastern, 71, 73-5,77,
81, 136, 142, 159, 277, 285-96; ori-
gin of in 1776-9, 170-174, and in
1780, 259, 277, 488; effected, 285-
296; collisions in, 335-350; disso-
lution of, 345,379-384; Rev. J.
Belknap's accouut of, 345-347.
Union, Western, 105, 136, 142, 164,
277, 287-8, 300, 328-9. Reports
on and preliminary resolutions,
287, 298; yeas and nays on, 299;
petitions of New York towns for,
297 ; articles of, 300 ; yeas and
nays on articles, 301; territory as-
signed to Bennington and Rut-
laud counties, 302 ; organization
of, 304-7 ; proclamation of, 307;
collisions in, 326-335; dissolution
of, 379-384.
Unions, East and West, reasons of,
352-419 ; Ira Allen's account of
eollisions in, 347-350; Ethan Al-
len's defenee of, 355-363; dissolu-
tion of, 379-384 ; annunciation of
to other States, 303-4.
Utley, Capt. William, 57, 125.
Van Cortlandt, Hon. Pierre, of N.
Y., 178, 195.
Vandyke, Hon. Nicholas, of Del.,
316, 320.
Van Rensselaer, Col. John, 122,
326-9, 331-2, 334.
Van Rensselaer, Lieut. Col. Henry,
333.
Van Rensselaer, Gen. Henry K.,
331, 334.
Van Vechten, Col., 334.
Varnum, Hon. James M., of R. I.,
308, 311, 315.
Vermont, action of, on the resolu-
tions of Congress of Sept. and
Oct. 1779, 189-192; resolutions to
maintain its independence and
grant its lands, 191. Action of,
on resolutions of Congress of
August 1781, declining to dis-
solve its Unions, and propos-
ing to settle the difficulties with
New York and New Hampshire
by Commissioners of the three
States, 320-23. Vermont's Ap-
General Index.
527
peal, by Stephen R. Bradley,
1779, 200-22. Alliance and con-
federation with adjoining States
proposed by, 257, 266-276. Appli-
cation of Vermont Delegates for
the admission of the State to the
Union, Feb. 7, 1782, 369. Bills
of credit of, 64. — See Bills of
Credit. Claim of Massachusetts,
action of Vermont on, 193-199.
Division of, by the Green Moun-
tains, proposed, 223, 376. Militia
ordered out by, 341, 348. Finan-
ces of, 1777-86, 61-4. Policy of,
in granting lands, &c, 61-4, 181,
note 2, 192. Proposals by, to
settle boundaries with New
Hampshire and New York, 74,
80-82, 85, 271, 273, 296, 320-25.
State tax, the first in Vermont,
64. — See Union, Eastern , and
Western, and Unions.
Vermont Gazette, 69.
Vice President of the United States,
mode of election of, 203.
Virginia, 94, 127, 234, 236, 308, 311,
316, 320, 375, 377, 387, 389, 390,
394-5, 398, 408.
W
Wait, Gen. Benjamin, 11-14, 17, 20,
27, 38, 44, 66-7, 69, 70, 72, 77-9, 82,
84, 86, 98-9, 112, 117, 141, 146.
150, 154.
Wait, Joseph, 380.
Wait, Silas, and Thaddeus, 73.
Walbridge, Gen. Ebenezer, 57, 101-
4, 109," 130, 148, 162-3, 288-9, 295,
299, 301, 304, 330, 334, 347-8, 368,
451, 453. — Letters of: to Lieut.
Col. Henry Van Rensselaer, 333;
to Gen. Gansevoort, 334.
Walbridge, Silas, 453.
Waldo, Capt. Abiather, 164.
Waldo, Lieut. Edmond, 98.
Waldo, Israel, 81.
Waldron, Thomas W., 207, 230.
Walk, Mr., 78.
Walker, Elnathan, 76.
Walker, Lewis, 150.
Wallace, Capt. Ebenezer, 17.
Walton, Gov. George, of Ga., 248,
320.
War with Vermont attempted by
New York, 326-335; and proposed
by New Hampshire, 335-350.
Ward, William, of Newfane, 55, 72,
297, 301.
Ward, William, of Poultney, 297,
299, 301.
Ward, William, of Shaftsbury, 9,
297,301.
Warner, Daniel, and Jonathan, 207,
230.
Warner, Col. Seth, 21, 50, 58, 82, 112,
154-5, 167, 178, 195, 198, 330, 399,
499. — Appointed Brigadier Gene-
ral by Vermont, 499; collision of,
with Gov. Chittenden, 153, note;
date of death of, 499.
Warrants for collection of provision
tax, 31, 152 ; for arrests of per-
sons suspected of counterfeiting
bills of credit, 102-3.
Warren, Col. Gideon, 28-9, 74, 86,
100, 101, 164, 302, 323-4, 330.
Washington, President George, 21,
50, 91, 131-2, 135-6, 141, 144, 155,
196, 198, 259, 260, 269, 272, 309, 311,
315, 328, 345-6, 350, 353, 355, 361,
367, 379, 380, 385, 391. 399-401,404-
6, 413, 420, 425-6, 434, 448, 452, 457,
460, 466-7, 470, 475, 477-9.— Let-
ters of: to Thomas Chittenden,
353 ; to Gen. Schuyler, 355 ; to
Gen. James Clinton, 429; to Gen.
Roger Enos, 448; to Gen. Stark,
460.
Watkins, James, 138; and Sarah,139.
W^tts 457
Weare, Hon. Mesh'ech, of N.H., 207,
224, 231-2, 273, 286, 310, 312, 321,
332, 335, 339-46, 349, 368, 429, 444.
— Letters of: to Ira Allen, -207; to
N. H. Delegates in Congress, 309;
to Gen. Washington, 309.— Proc-
lamation of, requiring the allegi-
ance of the people in Western
New Hampshire, quoted, 345.
Webb, Joshua, 9, 63, 288-9, 297, 301,
304.
Webster, Col. Alexander, 47-9, 400.
Weeks, John M., 136.
Weld, Capt. John, 96, 299, 301.
| Wells, Jonathan, 25.
i Wells, Col. Samuel, of Brattlebo-
rough, 259-60, 280, 299, 301,411,
418.'
| Wells, William V., 195.
i Wentworth, Gov. Benning, 94, 229,
230 232.
| Wentworth, Gov. John, 207, 230-32.
West, Daniel, 81.
| West, Hon. William, of R. I., 276.
528
General Index.
Westminster massacre, 92-3,156,213.
Weston, Nathaniel, 299.
West river, 139.
Wetherbee, Capt. Samuel, 295, 299,
302, 339.
Wheatley, John, 90.
Wheeler, John, 140.
Wheelock, Rev. Eleazer, 114.
Whipping, &c., punishment hy, 5.
Whipple, Commodore Abraham,
and note on, 52.
Whipple, Benjamin, 03, 72, 74, 82,
107, 109, 144-5, 289, 297, 299, 301.
Whipple, Daniel, and Mary, 120.
Whipple, Moses, 90, 295, 299, 301.
Whitcomb, Asa, 59.
White, Capt. Jonathan, OS, 280.
White, Lieut. Nathaniel, 145.
White, Noah, 280, 283.
Whiteside, Phincas, 302-3, 323-4.
Whitney, Ensign Ezra, 113.
Wickham, Joseph, 80.
Wilcox, Lieut. Samuel, 54.
Wild, Elias, 70, 159.
Williams, Col., 48.
Williams, Chauncey K., 499, 502.
Williams, Mrs. C. M., 123.
Williams, Col. Israel, 135, 197.
Williams, Israel, jr., 135.
Williams river, 72.
Williams, Hon. Samuel, of Rutland,
499.
Williams, Rev. Dr. Samuel, of Rut-
land, 399, 401, 409, 480, 499.
Williams, Col. William, 23, 44, 49,
59, 82-4, 111-12, 300, 301.- Note
on, 111.
Williams, Wynanl, 4C3.
Willoughby, Joseph, jr., 453.
Wilson, , 109. '
Windham county, enforcement of
the authority of Vermont in,
101-3.
Windmill point, 112.
Witherell, Ephraim, 342.
Witherspoon, Rev. John, of N. J.,
179.
Wood, Col. Ebenezer, 9, 37, 50, 08-
9.
Woodbridge, Col. Howell, 25.
Woodbridge, Maj. Theodore, 126-7,
129, 152.— Note on, 127.
Woodward, Hon. Bezaleel, 75, 95-7,
114, 110-18, 124, 133, 148, 170, 174,
241-2, 245, 249, 251-2, 201, 280,
283, 294-0, 299, 301-4, 313-14, 310
-18, 320-21, 355, 430.— Credentials
of, as Agent to Congress from
towns in the valley of Connecti-
cut river, 241; representation to
Congress as such Agent, 242;
petition of, to Congress, for the
annexation of Canada to the
United Slates, 251; commission
of Jonas Fay, Ira Allen, and
Bezaleel Woodward, as Delegates
to Congress for Vermont, 310. —
Letters of : to Congress, 245, 249,
310-17.— Note on, 114.
Woodward, Joseph, 177.
WTolcott, Capt. Giles, 41.
Wolcott, Gov. Oliver, 135-0, 141, 15*:,
374, 379, 380.— Note on, 135.
Wolcott, Gov. Roger, 135.
Wooster, Gen. David, 200.
Wooster, Joseph, 139.
Wright, Dea. Josiah, 54.
Wright, Lieut. Josiah, 07.
Wright, Phincas, 80.
Wright, Thomas M., 37.
Wyllis, Maj. John, P., and Col.
Samuel, and note on, 25.
Wyman, Col. Isaac, 110, 118, 152,301.
Yates, Col. Peter, 331-2,334, 379,380.
Yates, Robert, 383, 404. — Letter of:
to Gov. Clinton, extract, 383.
Yeas and Nays, in Congress, on
Lord Geo. Germain's intercepted
dispatch to Sir Henry Clinton,
311; on the resolution of Aug. 20
1781, 320; on Oliver Wolcott's
amendment to resolution of com-
mittee, March 1, 1782, and on
John Morin Scott's motion to
strike out, 375; on committing
the report, 377 ; on committing
letter of Vt. Delegates, April 1
1782, 387; on assigning a day for
considering report of committee,
389; on committing the quieting
acts of New York, 394.
Yeas and Nays, in Vermont As-
sembly, on act for support of the
gospel, &c, 27 ; on recommend-
ing the Western Union, 299, and
on" agreeing to it, 301.
York, Sir Joseph, 423.
Young, John, jr., 290, 299.
Young, Capt. Samuel, 98.
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