F Class. Book-ikL ADDEESS ON NEW HAMPSHIRE AND VERMONT: THEIR UNIONS, SECESSIONS AND DISUNIONS. DELIVERED BEFORE Yl)e Xtnv ftan)psl\ife Aiitiquki'iaii Sodety, JULY15, 1879. By CLARK JILT^SON. WORCESTER : PRESS OF CLARK JILLSOM. 1882. ADDEESS. \\T^ STAND before the hours, crowded to the ' ' front and into the future by the lapse of time. The last decade has taken its position behind us, and the generations have thus been carried to a point one hundred years beyond the grand historic period of the Western Empire. One hundred years ago this very hour, "Mad An- thony Wayne," the hero of Stony Point, was mar- shalling his troops for that memorable assault; and when he was wounded, the thrilling order he gave, "March on ; carrj- me into the fort, and let me die at the head of the column," together with the ac- count of the intrepid manner in which Col. Fleury struck the British standard with his own hand, and the words of Major Posey, "The Fort's our own," ran beyond the lines and through the Colonies like the echoes of inspiration. But the full account of this tragic event has not l)een preserved by tradition alone. Unlike hundreds of other remarkable occur- rences during the revolutionary period, it found its way into written history, and is now known as one of the most daring exploits of the war. Tradition is too fickle for practical use, always taking from or adding to the real fact; and what we thus gather in relation to any past event is only worthy to be called a story, unless it can be traced to some well authenticated record, made at or about the time it occurred. The nearer worthless we can make tradition in its application to the future, the more complete will be the knowledge of coming generations in relation to what is now transpiring; and among the many duties we are under obliga- tions to perform, that of making and preserving authentic history is one of the most important and imperative. The neglect of such duty by one man, may, in time to come, involve a nation in doubt, and make future generations busy with unsatisfacto- ry research for hundreds of years. Against such omissions the world has been struggling through all the historic past; and while I speak to-day there are hundreds of men in New England engaged in experimental labor upon which they are employing the best mental efibrts of their life's prime, uncon- scious ot the fact that they are spending their time on the hundredth edition of the same work. More than half of our inventors are now studying upon what has been or will be rejected matter, for the reason that they have no adequate facilities for finding out what other minds have accomplished, hence the same thing will be invented over and over 3 again without any {jcrceptible change, even of form. It has been (lainied by some that too much is already being written and printed; and when the recent proposition for an enhirgement of the rooms containing the Congressional Library at Washington was being discussed, a certain newspaper in Massa- chusetts advocated burning the books in preference to furnishing more room! It is true that worthless books, so called, are not extremely rare, and jet it requires a sublime stupidity to make a book of no present or future value. The solitary fact that a book has been printed is worthy of preservation. If it contains but a single word bearing a new rela- tion to any other, it ought to be preserved ; and the man who advocates the burning of books would be inconsistent in opposing his own cremation. Things of little apparent consequence to-day are liable to beconie famous to-morrow, and after it is too late comes the struggle for a knowledge of their early history. When Christopher Columbus was wandering over the countries of Europe, begging for royal patronage to assist in carrying forward an enterprise that ex- isted only in his own brain, in the form of a vision, there appeared no friendl}' hand to record his plead- ings. It was considensd enough for posterity to know tli;it he had been refused and placed on the beggar's list. When he finally succeeded in present- ing his claim to the Court of Spain, it was referred to a commission who reported after a delay of about seven years, th.at the project of Columbus was "vain and impossible." Had all his plans been thus de- feated, the discovery of the new world might have been delayed for a century. It was then that the destinies of America hung in a balance. The manner in which Columbus presented his cause to the commissioners is unknown. The his- tory of their deliberations within the decorated walls and under the frescoed arches of the Alhambra, where the future of a great Republic was dimly out- lined four hundred years ago, has not been written. The original plan of his then intended voyage to- ward the setting sun has been lost. The words he uttered to the Queen on his return to Granada, in obedience to her summons, after he had been refused a further hearing by Ferdinand, at which time she pledged to him the jewels of her own crown of Cas- tile, were known only to her and to him, and con- sidered unworthy of record ; but the corner stone of an empire, now one of the great powers of eartli, was then and there laid. Doctor Franklin, with all his sagacity and fore- sight, did not comprehend the importance of his own rude experiments with electricity, nor even dream that the thread connecting his door key with a kite, was in the least degree suggestive of the iron cord yet to span the globe from continent to conti- nent, passing under the sea, transmitting its pulsa- tions of thought around the world. When Capt. Samuel Morey was experimenting with his newly invented Steamboat upon the waters of New Hani})shiie and Vermont, in 1792, he evi- dently did not eomprehend that the culmination of his thought, wrought out and perfected by other hands, would at some future time revolutionize the commerce of all the nations on the earth. Those three joung men who assembled in the town of Ilopkinton, N. 11., on the lOtli day of Nov., 1859, and organized themselves into the Philo- mathic Club, which they resolved should never contain more than seven members, nor cease to ex- ist except by the unanimous consent of the last one living, may well be reminded that "■Tall oaks froin little acorns 2;ro\v," and that the creed of a modern prophet needs fre- quent revision. Out of that humble beginning has sprung jour Societj^, with its rare and valuable library, its extensive collection of relics and curiosi- ties. Through its inliuence j^ersons of similar tastes have been brought together, and their elforts com- bined in a common cause for the public good ; and you are now making history from year to year about which there will be no dispute or misunder- standing in the future. You have been so fortunate as to i^reserve a record of your early work, and pos- terity will thank you for handing it down to them. I have thus called your attention to these several cases for the purpose of intimating that any impor- tant historical event, growing out of a multitude of minor unrecorded occurrences, cannot easily be traced to any well defined cause. Nearly all historical matter relating to the early settlement of New England is of such a general character as to make it next to impossible to give a connected account of any important event without taxing the imagination to supply some of its details. The little incidents that go to make up a symmetrical statement have generally been lost by reason of the failure to make their record at the time they occur- red, and the whole transaction, presented in general terms, is often vague, uninteresting, and not easily comprehended. The controversy between New York and New Hampshire in relation to the territory now known as Vermont, covering a period of about forty years, has come down to us in a great measure tln-ough the uncertain channels of tradition ; but there has been enough j^i'eserved and authenticated from which to present a general view of the main trans- actions during that eventful period. The lesser de- tails constituting the cause of this long and bitter contest, were evidently so numerous and obscure, passing so rapidlj" without being recorded, as to make the statement of an aggregate made up from them exceedingly difficult, and render conclusions drawn therefrom vague and uncertain. Upon look- ing over the field with some care, I am obliged to conclude that each and every person who makes an investigation of this subject will be obliged to attri- biite the result to such causes as his judgment shall dictate, from the Tew tacts that have been preserved in history. In treatino- the subject under consideration, I am obliged to omit any detailed statement relating to the condition of New Hampshire in early times. The civil and ecclesiastical difficulties of the three governments of Dover, Exeter and Portsmouth — their union with Massachusetts in 1642 — their sepa- ration in 1G80, and their organization as a govern- ment with John Cutt for President — the subsequent administrations of Walter Barefoot and Edward Cranfield — their reunion with Massachusetts in 1686 under the presidency of Joseph Dudley, of Edmund Andros in 1687, of Simon Bradstreet in 1689 — their return to a separate government in 1692, in which position they remained for a period of ten years, under Usher, Partridge and Allen — the re-appoint- ment of Dudlev, and their third union with Massa- chusetts in 1702, and from that time up to the ad- ve)it of Benning Wentworth in 1741 — must be passed over without further remark. On the third day of July, 1741, Benning Went- worth was made Governor of the Province of New Hampshire, the southern boundary- of which was by a line running paralel with the Merrimack River, three miles north thereof, till it reached a point due north of Pawtucket Falls; thence by a straight line due west "until it meets with his majesty's other governments." This language was construed b}^ 8 Governor Wentworth to mean that the southerly line of New Hampshire extended as far west as that of the two Charter governments, Connecticut and Massachusetts Bay, each of which had exercised jurisdiction to within twenty miles of Hudson's River. By this appointment the union between New Hampshire and Massachusetts was again dis- solved, and each Colony was left under the shadow of its own destiny. On the 17th day of November, 1749, Governor Wentworth addressed a letter to Governor Clinton of New York, for the purpose of giving notice that he proposed to issue grants covering territory west of the Connecticut River ; and also asking his ex- cellency to state how far north of Albany the Gov- ernment of New York extended by his Majesty's commissions, and how many miles to the eastward of Hudson's River. This letter was jDresented by Governor Clinton to the Council of New York, and thereupon the following order was adopted : In Council JYeit' York 3d .'ijjril 1750. Ordered, That his Excellency do acquaint Governor Went- worth that this Province is bounded eastward by Connecticut River, the Letters Patent from King Charles the second to the Duke of York expressly- granting all the lands from the west side of Connecticut River to the east side of Delaware Bay. Before a coi:)y of this order reached Governor Wentworth he had granted one township, six miles square, twenty-four miles easterly from Albany, and six miles north of Massachusetts line, presuming that New ILiinpshire was bounded by the same north and south line as Connecticut and Massaciiu- setts Bay. It will be seen that here was ample room for strife, as the Governor of New Hampshire had put the seal of liis jurisdiction upon territory 40 miles west of where the Council of New York had declared the line between the two governments to be ; and he had also paid deference to his own name by calling the newly granted township Bennington. After some correspondence the two governors agreed to make a representation of the whole mat- ter in dispute to his Majesty, which agreement was contirmed by his Majesty's Councils on the ^''^^y^ of both governments. Richard Bradley Esq., Attor- ney General of New York, to whom the matter had been referred, gave an elaborate written opinion, wherein he recited the provisions of the Charter of Massachusetts Bay, and concluded by affirming that Connecticut River was the eastern boundary of the Colony of New York. Whoever throws away time enough to read the Attorney General's statement will surely discover in it a few weak points. The Surveyor General came to the rescue, and made certain suggestions which he thought proper to have added to the Attorney General's report. The Soli- citor General made some discoveries, claiming that 10,000 acres of land, situated on the west side of Connecticut River which had been purchased by private persons from the government of Connecticut, 10 the same being lands laid out by the government of Massachusetts Bay and exchanged for other lands held by Connecticut, had become a part of New Hampshire. On the 28th day of December, 1763, Lieut. Gov. Golden issued a proclamation in accordance with the Attorney General's report, wherein he enjoined the High Sheriff of the county of Albany to return to him the names of all persons holding possession of nuy lands west of Connecticut River, under the grants of the government of New Hampshire, so that they might be proceeded against according to law. On the 13th day of March, 1764, Gov. Wentworth issued a proclamation in answer to that of Lieut. Gov. Colden, wherein he claimed that the Patent to the Duke of York was obsolete, and commanded all civil officers within his province, and all the inhabi- tants thereof to exercise jurisdiction as far westward as his grants had been made, and to deal with all persons who might presume to interrupt, "as law and justice doth apjDcrtain, notwithstanding the pre- tended right of jurisdiction mentioned in the procla- mation" of Lieut. Gov. Colden. The inhabitants occu^Dying the territory' over which Gov. Wentworth proposed to exercise juris- diction were not of one opinion in relation to the rights claimed by New York and New Hampshire respectively ; and there was considerable feeling manifest on both sides. The decision of this matter, 11 tliereforc, was to ho one that would not hu sanction- ed by all parties, j)eihaj)s not l)y a majority. The north and south line between New Hampshire and what was chiimed to be New York, as estab- lished by the original grant to John Mason, com- menced at a point on the line between New Hamp- shire and Massachusetts, sixty miles from the sea, which left quite an extensive territory between that and Connecticut River. If the decision should be in favor of Gov. Wentworth, some might claim that New Hampshire ought not to exercise its jurisdiction over the lands easterly from the river and westerly t'roni the line defined by the grant to Mason. If the decision should be in favor of New York this same tract of land would still be left as a bone of conten- tion, and the inhabitants of the territory in dispute might desire to divide, the easterly- half going over to New Hampshire, and the westerly- to New York, or the whole might unite and form a new State. With all these contingencies pending, the appli- cation had I)een made, and great anxiety was felt in relation to the result. Governor Wentworth had issued one hundred and thirty-eight grants, and a large number, in some cases covering the same ter- ritory, had been granted to New York. At the court of St. James, on the 20th da.y of July, 17(54. it was declared that "the western banks of the river Connecticut, from where it enters the Province of Massachusetts Bay, as far North as the forty-lifth degree of North Latitude, to be the 12 boundary line between New Hcampshire and New^ York." This decision was not very objectionable to the government of New Hampshire or its people outside of the New Hampshire grants, it being con- sidered only a change of jurisdiction ; and if the land titles had been left undisturbed there would have been no further controversy between New Hampshire and New York. But when the authorities of New York decided that the New Hampshire grants were null and ahvays had been, and that the settlers would be compelled to re-purchase their lands or be ejected therefrom, a spirit of resentment arose among the pioneer set- tlers of the New Hampshire grants that could not be allayed short of revolution. The magnificent blunder of Charles the second in granting to the Duke of York, in 1G64, all the lands from the w^est side of Connecticut River to the east side of Dela- ware Bay, without any reference to the charter of Massachusetts Bay, granted in 1629, or that of Con- necticut granted in 1662, became a^Dparent to the settlers, and they were led to question the validity of the grant under which the New York officials were beginning to proceed against them. Within a month from the time of the passage of the royal decree establishing the eastern boundary of New York, Sheriff Schuyler found it necessarj^ to appeal to the Commander-in-chief in a case where he claimed that a citizen of "Hoseck" had been ejected from his lands and tenements, and compelled 13 to sillier other wrongs at the hands of the New Hampshire })eoi)le. In eonsecjiience of this, the said Sheriff arrested four persons and committed them to jail in Albnny. This ^vas the New York version; but Gov. Wentwortli in his letter to Lieut. Gov. Golden, claimed tliat ''several of the inhabitnnts of Pownal, at a time when the Deputy Sheriff was ex- ecuting a legal precept, were set upon by the Sher- iff of Albany and more than thirty armed men on horseback, and that the Deputy Sheriff with the three other principal inhabitants, were seized upon 11 nd carried to Albany, where they were immedi- ately coinniitted to jail." Whatever might have been the original provoca- tion in this case, whether trifling or otherwise, an eilbrt was made, probably on both sides, to adjust it by resorting to violence. False imprisonment to- gether with the "Eeech Seal" were frequently ap- pealed to in the settlement of similar cases. But at this })eriod there were tw^o parties residing upon the territory now^ Vermont, one being favor- able to New York and the other an ally of New Hampshire, without any marked opposition to each otlier ; but none of them knew or cared for any law except the individual code, dictated by individual conscience ; and never was a connnunity better or- irani/.ed for a reiirn of terror than were these dis- contented pioneers. For the better administration oi justice, and the convenience of the settlers, three petitions were 14 presented to Lieut. Gov. Golden, in 1765, praying that several counties might be erected covering ter- ritory occupied by the New Hampshire grants. One of these petitions represented that one murder had been committed "^and one man more missing, that is supposed to be murdered by the same Villin, and that unless there be a county made as prayed for, instead of good wholesome Inhabitants comeing and Settling amongst us, the land wall be filled with nothing, but Villins and Murderers." These petitions were read in council and referred to a committee who reported on the twenty-second day of October, 1705, that the inhabitants had "as yet only an Equitable Title to the lands they pos- sess ; are utterly unacquainted with the laws of the Province, and the modes of dispensing Justice there- in," and recommended the apiDointment of "a num- ber of fit persons for the conservation of the Peace and the administration of Justice." This was not a very Mattering state ot affairs to be contemplated by those who had bought and paid for their lands ; nor was it much of a compliment to the men fresh from Massachusetts and Gonnecti- cut, to be told that they were incapable of self government. Four counties were established and the "Cit per- sons" appointed, but submission to their dictation was never made complete. The settlers finally concluded to resist the authority of New York, and Samuel Robinson of Bennington was appointed to 15 represent them at the eourt of Great Britain and obtain, it' i)ossil)le, a conlirniation ol'lhe New Hamp- shire grants, and his Majesty was indueed to issue a special order tor the purpose of proliibiting the Gov- ernor of New York from making future grants till his Majesty' could further consider the whole matter. No heed was paid to this order, but further grants were made, and fresh writs of ejectment were con- stantly being issued. Up to this time, and still later, most of the controversy had been carried on by per- sons residing west of the Green Mountains. About this time a convention was held at Ben- nington wherein the delegates resolved to maintain their rights under the New Hampshire grants hy force. Thereui)on a military association was organ- ized, with Ethan Allen for commander. The militia Nvere called out by the Governor of New York to assist the Sherilf, but their sympathy seemed to be with the people to such an extent as to destroy all dicipline, and tlie appearance of Allen's troops caused them to disband. The next otficial display was in the form of a proclamation, issued by the Governor of New York, oflering a reward of .£150 for the arrest of Ethan Allen, and £50 each for Seth Warner and several others. On the other hand a proclamation was issued oflering <£5 for the Attor- ney General of the Colony of New York. In l?72, the Governor of New York made an attempt to settle the controversy, and for that pur- pose opened correspondence with the Rev. Mr. Dew- 16 ey of Bennington, and some others, signifying his willingness to confer with any person or persons the opposite party might choose, except Allen, War- ner and three others. Capt. Stephen Fay and Mr. Jarias Fay were appointed to confer with the Gov- ernor ; but this attempt at diplomacy failed for the reason that the Green Mountain Boys undertook to try their hand at the ejectment process while these negotiations were pending, which resulted in the abandonment of the whole scheme. In the mean time the hostile condition of those occupying the New Hampshire grants became more and more alarming. Committees of safety were ap- pointed in the several towns, and they were in con- stant communication for the purpose of devising the best means of common defence. The inhabitants were forbidden the acceptance of the honors of office under the Colony fo New York, on the pain of being "viewed." These "views" generally resulted in a liberal application of the "beech seal," vigorously laid upon the naked backs of the "yorkers." The inhabitants of the "grants" were peculiar in many respects. Their laws, their manner of trial, their penalties and methods of punishment, were all vested in the Committee of Safetj^, and no person was allowed to escape on technicalities. Benjamin Hough was one of the King's Justices, under the authority of New York, and undertook to act in that capacity within the limits of the New Hampshire grants. He was brought before the Committee at 17 Sinuloi'huul, wlicri' \\v })lc;i(k'(l tlic jiii'isdiction of New York ; but the (liven Moiint;iiii Boys considered the decree of tlie convention, foi'hidding till persons from holding otfice, civil or military, under the Colony of New York, to be supreme, and passed the following sentence, which they pi'oceeded to execute Avithout giving time for spiritual advice or repentance: "That the prisoner be taken from the bar of this committee of safety and l)e tied to a tree, and there, on his naked back, to receive one hundred stripes ; his back being dressed, he should depart out of the the district, and on return, to suffer death, unless by special leave of the committee." In another case, a person who had advised the settlers to submit to tlie authority of New York, after disregarding the warning of the committee, was arrested and carried to the Green Mountain Tavern in Bennington, where his defence was patiently heard, and then he was ordered "to be tied in an arm chair and hoisted to the sign, and there to hang two hours in sight of tlie people, as a punishment merited by his enmity to the rights and liberties of the inhabitants of the New Hampshire Grants." The sign to which he was raised consisted of a post twenty-five feet high, with a sign-board at the to}), upon which stood a stuffed catamount's skin facing New York, with a ferocious countenance. This Inn was ever after known as "Catamount Tav- ern" and was standing in 18G9, but has since been destroyed by fire. Near this spot David liedding 18 was hanged, June 1777, for "inimical conduct." The General Assembly of New York, on the 5th day of February, 1774, passed resolutions wherein they called the Green Mountain Boys "the Benning- ton Mob," and recommended the passage of a law for their suppression and punishment. These pro- ceedings made it necessary to call a general meet- ing of all the committees, which meeting was held at a private house in Manchester, on the 1st day of March, 1774. At this meeting the inhabitants re- solved that while they were willing to encourage the execution of the laws, both civil and criminal, "that were so indeed," and that they should act only on the defensive, they would stand by and defend their friends and neighbors "at the expense of their lives and fortunes." On the 9th day of March, 1774, the Assembly of New York passed an act that struck the key note of rebellion. It provided that if any person should oppose any civil officer of New York, in the dis- charge of his duty, or wilfully distroy the grain, corn or hay of any other person, being in any enclosure ; or if any persons should assemble together, to the disturbance of the public peace, and demolish or pull down any building in the county of Albany or Charlotte, said offence should be deemed a felony, without benefit of clergy, and that the offender should suffer death. All crimes committed on the Grants were to be tried by the courts of Albany-, and said courts were empowered to award execution 11) against such as should ho indicted for capital offen- ces, who should not surrender themselves, in the same manner as if they had been convicted on a fair and impartial trial ; and a reward of <£50 each was offered for the arrest of Ethan Allen, Setli War- ner, and six others. On the 26th day of April, 1774, Ethan Allen and six others made and signed a remonstrance, wherein they resolved to inflict immediate death on whoever might attempt to apprehend any person indicted as a rioter for the purpose of inflicting the death penal- ty', declaring that "Our lives, liberties and properties are as verily precious to us as to any of the king's subjects; but if the governmental authority of New York insists upon killing us to take possession of our vineyards, let them come on ; we are ready for a game of scalping with them, for our martial spirits glow witli bitter indignation and consummate fury, to blast their infernal projects." About this time an attempt was made by Col. Philip Skeene to erect the New Hampshire Grants into a separate govern- ment under Great Britain ; and it is said that his plan met with some favor on the part of the British government, and was probably instrumental in caus- ing; the Grants to declare themselves free and in- dependent, in 1777. Early in 1775 hostilities commenced between the Colonies and Great Britain, which overshadowed the controversy with New York, and the proscribed pat- riots of the New Hampshire Grants, with a bounty 20 upon their heads, entered into the conflict with no fear or expectation of defeat ; and on the tenth of May Ticonderoga and Crown Point were captured by Allen and Arnold. It has generally been claimed that the first blood shed in the American Revolution, was at lexington, Mass., April 19th, 1775; Imt Lexington has a rival. The first conflict between the constituted authorities of Great Britain and the American Colonies occurred on the New Hampshire Grants, and was followed up by successive engagements between the loyalists and the rebels till the close of the revolution. On the 5th day of September, 1774, Congress ad- vised the people of the Colonies to maintain their liberties in such ways as should be found necessary ; and the inhabitants of Cumberland county, for the purpose of resisting British tyranny and oppression, found it necessary to interfere with the holding of the court at Westminster, on the loth day of March, 1775. On this occasion there was a desperate strug- gle on one side to maintain the authority of the British government, while on the other the liberties of the people were defended ; and the lines between the two contending parties were as distinctly drawn and understood as at any future time during the war. Firearms were used, one man killed, several wound- ed, and many taken prisoners. The battle of Lexington w^as fought within forty days from this time, and that of Bunker Hill within sixty days thereafter, against the same authority 21 ami in the saiuc cause. Had the war between the Colonies and Great Jiritain been coniinenced when tlie conlliet occurred at Westminster? If so, the first blood shed in the American Kevolution was within tlie jurisdiction of the New Hampshire Grants and previous to the l)att]e of Lexington. Patrick llenrv, after the light at Westminster and before that of Lexington, made the following state- ment which has never been disputed : "The war is actually begun ! The next gale that sweeps from from the north, will bring to our ears the clash of resounding arms! Our brethren are already in the held I Why stand we hei'e idle?" The light at Westminster was not a mob or a riot any more than was that of Lexington, but a deliber- ate resistance on the part of the people, to the gov- ernment of Great Britain, and the lirst attempt to defj', by an armed force, the authority of British rule. If the Kevolution was brought on by reason of the deiiance of laws made for the government of the Colonies, and a resistance to their execution by an armed force, we may justly claim that among the wilds of the New Hampshire Grants was shed the first blood in behalf of American liberty. From this time for nearly two years the inhabit- ants of the (Jrants were active in their opposition to British authority; and on the 15th day of January, 1777, at a convention held in Westminster, they declared themselves to be "a separate, free and in- dependent jurisdiction or State ; by the name and for- 22 ever hereafter to be called, known and distinguished by the name of New Connecticut." On the 4th day of June, 1777, at a convention held in Windsor the name thus deliberately and formally given was abandoned, and the name of Vermont substituted. The reason given for making this change was, that a district of land on the Susquehanna river had been named New Connecticut, and it was claimed to be inconsistent for two districts on this continent to bear the same name. This brief but decisive Declaration of Independ- ence opened a new field for strife. The New York people were alarmed at the conduct of Vermont, and their committee of safety appealed to Congress, declaring it to be necessary that the commission of Col. Warner, who had been authorized to raise a regiment, be recalled ; that nothing else would do justice to New York. Certain persons of ability and influence were urging Vermont to maintain her independence, choose delegates to Congress, and form a State Constitution. One Thomas Young- printed and issued an address to the inhabitants of Vermont, urging them to be firm in their attempt to maintain the position they had assumed, assuring them that they had a right to choose how and by whom they should be governed. This address and other publications of a like nature were printed at Philadelphia, and the authorities of New York were much disturbed by their appearance. 23 One of tlio New York delegates presented the printed letter oi" 'IMioinas Yonng to Congress on the '2od day of June, 17V7. The entire suhjeet was ex- amined and discussed in coniniittee oithe whole, and on the oOth day of June resolutions Avere adopted dechiring "That the independent government at- tempted to he estahlished by the people styling themselves iuliahitants of the New Hampshire Grants, can derive no countenance or justification from the act of Contrress declaring the United Colonies to be independent of the crown of Great Britain, nor from anv othei' act or resolution of Congress; and that the petition of Jonas Fay, Thomas Chittenden, Iliram Allen and Heuhen Jones, praying that the district they represented might be ranked among the free and independent States, be dismissed." Although this action was favorable to New York, the Vermont- ers were still more confirmed in their determination to maintain their independence, if need be, against the whole world. Up to this time there had been no controversy between Vermont and New Hampshire. In fact New Hampshire had acknowledged the independ- ence of ^^M-mont through her President, Mr. Weare, in a letter to Ira Allen, Secretary of the State of \'ermont, wherein the New Hampshire Grants were \ designated as "a free and sovereign, but new State." By the use of this language it was supposed that New Hampshire would use her influence to have A'erniont recognized by Congress as an independent 24 State ; but there was really no tenable ground tor such a supposition. While it was understood that the easterly line of New York was by the Connecti- cut river, New Hampshire had no cause for com- plaint against Vermont for maintaining the same boundary The inhabitants on the east side of the river well knew that the east line of New York might have been extended to within sixt}^ miles of the sea with as much propriety as any of the lands more than twenty miles east of Hudson's river could be claimed by the government of New York. The inhabitants of Vermont were also aware that the unchartered territory between the river and the Province of New Hampshire, as granted to John Mason, did not belong to New Hampshire with any more certainty than did the territory west of the river ; and it was claimed that their declaration took effect on both sides of the river to such an ex- tent that all persons residing west of the Mason line and east of the river, were free to join such govern- ment as tlie>^ might desire, but more especiallj^ Ver- mont. These ideas were undoubtedly concocted and promulgated by the inhabitants west of the river and east of the Green Mountains, for the pur- pose of giving political strength to eastern Vermont, without any malicious intent to injure New Hamp- shire. The action taken on the part of the towns east of the river was remarkable. On the 12th of March, 1778, sixteen towns east of Connecticut river declared in convention that thev 25 were not connected willi aii\ State, and tlicrcnpon petitioned tlie State of \ ernioiit lor an opportunity to confederate with its inhabitants. This petition was presented to the Assembly of Vermont. The members from the west side of the mountains, as might have been expected, were strongly opposed to it, but those from the vicinity of Connecticut river generally favored the union, and were so per- sistent in their eflbrts to accomplish the object of their strife as to propose a withdrawal from Ver- mont and the erection of a new State, including territory on both sides of the river. The independ- ence of Vermont so recently and so unanimously promulgated to the world was now tlu'eatened with earW dissolution ; but it was found that a majority of the Assembly were not in favor of the annexation of any of the New Hampshire towns. This state of affairs caused some delay ; and when the matter was brought before the next meeting of the Assembly, it was asserted that the inhabitants of the towns ap- plying for annexation were nearly or quite unani- mous, and that the state of New Hampsliire would make no opposition. By means of these false rep- resentations, made by interested parties in both states, a vote of 37 to 12 was obtained in favor of the union ; and by resolution it was provided that any town east of Connecticut river might be admit- ted on sending a representative to the Assembly of Vermont. 26 This attempt to swallow up New Hampshire crea- ted dissatisfaction and alarm among the inhabitants. An appeal was made to the Governor of Vermont, and a minority of the sixteen seceding towns claim- ed protection from the state of New Hampshire. An effort was made to interest Congress in their behalf. Col. Ethan Allen, who had been sent to Philadel- phia for the purpose of solving this difficult problem, reported that Congress would not favor the union, but, in case it was abandoned, would not oppose the independence of Vermont. In October, 1778, representatives from ten towns east of the river took their seats in the Assembly of Vermont, and it was proposed to erect a new county, to be composed of the towns which had been admit- ted to a union with Vermont ; but this proposition was voted down, whereupon the members from the towns east of the river withdrew from the Assem- bly. Fifteen members from towns west of the river also withdrew, leaving just two thirds of the whole number, all of whom were required to be present for the transaction of business. The matter in rela- tion to the union with New Hampshire was referred to the next Assembly. Those who had withdrawn met in convention at Cornish, Dec. 9th, 1778, the towns on both sides of the river having been invited to send delegates. At this convention it was agreed to unite regardless of the boundaries established in 1764, and the conven- tion also consented that the whole territory compri- 27 sing the New Hampshire Grants might become one State as it was bountlcd j)revi()iis to that time. — Until something of this kind should be accomplished, they resolved to trust in Providence and defend themselves. The propositions put forth by this con- vention were such, if adopted, as to unite a part of New Hampshire with a part of Vermont, or to de- stroy the government of Vermont and unite the M'hole territory with New Hampshire. Had a State been thus formed, the Capitol would undoubtedly have been located near Connecticut river; but this dangerous experiment was avoided in a singular way, without detriment to either State. On the 12th da}' of February, 1779, the Assembly ot Vermont voted to dissolve the union with the towns of New Hampshire. This unreliable course on the part of Vermont had tlie effect to encourage the authorities of New Hampsliire, and cause them to claim the entire domain over which Wentworth exercised jurisdiction previous to 1764, and an ap- plication was made to Congress claiming the whole of Vermont. New York was awakened by these proceedings, and claimed the same territory. At this time it began to look as though Vermont would be divided between New York and New Hampshire; and her condition was now more criti- cal than at any previous pei'iod, for the reason that this controversy was a troublesome matter for Con- gress to deal with, and such a disposal of the terri- tory of Vermont as was urged and expected by some. 28 would destroy the State ; but, if the entire matter of jurisdiction could be forever settled thereby, such a result did not seem to be then improbable. Massachusetts also saw this glittering bait and put in her claim to a large portion of Vermont. Whether this was intentionally done on the part of Massachusetts to prevent the swallowing of Vermont in two parts, by two other states, or for some other purpose, is of but little consequence ; but it may be justly said that Vermont owes Massachusetts a vote of thanks for that act. It was evident that some- thing must be done forthwith, or civil war, "The child of niulice and revengeful hate," would cast its grim shadow over the territorj^ in dispute, to the nation's peril. The controversy with New York became intensi- fied on account of the attachment of sundry inlluen- tial persons, residing in Cumberland (now Windham) county, to that State, and their opposition to Ver- mont. They had boasted of their military strength, claiming that they had raised a regiment of 500 men who were opposed to Vermont and in favor of New York. Col. Ethan Allen was directed to engage a portion of the militia for the purpose of bringing these warlike demonstrations to a close, whereupon Col. Patterson of New York, sought the advice of Gov. Clinton as to holding the militia of xllbany in readiness for any emergency, and suggested the propriety of employing the enemies of Vermont in 20 each town as spies. Tlie Governor became uneasy and wrote to the President of Congress, stating that he was daily expecting to order out a force to resist the troops commanded by Allen. On the 29th day of May, 1779, Congress referred the matter to a committee of the whole, and on the first day of June, by resolution, provision was made for a com- mission to settle all matters in dispute. There were now four different claims submitted to Congress, to a tract of country, the inhabitants of which had been recently united under a Declaration of Independence, but were now at war with them- selves and all the rest of mankind. On the 24th day of Sept., 1779, Congress passed a resolve recom- mending that New Hampshire, Massachusetts Bay, and New York, "forthwith pass laws expressly au- thoriziuii; Conycress to hear and determine all dill'er- ences between them relative to their respective boundaries." It was also resolved that "in the opin- ion of Congress the three States aforementioned ought in the mean time to suspend executing their laws over any of the inhabitants of said district, except such of them as shall profess allegiance to, and con- fess the jurisdiction of the same respectively." There being numerous persons in Vermont who adhered to all these States,, this resolution, if carried out, would establish four governments over the people of Vermont. To have that number of sepa- rate jurisdictions operating at the same time over the same territory, after the people had assumed the 30 functions of a State government, declared themselves free and independent, framed and adopted their con- stitution, enacted a code of laws and erected courts of justice, was a novel state of afiairs from which no government outside of the New Hampshire Grants would ever expect to escape and be again identified by friend or foe. On the second day of June, 1780, Congress passed a resolve declaring that the inhabitants of the New Hampshire Grants had pursued an unwarrantable course, subversive of the welfare of the United States and requiring them to exercise no further authority, civil or military, over those professing allegiance to the other states. To this resolution the Governor and Council made reply, asserting the independence of Vermont, and claiming that Congress had no right to meddle with their jurisdiction, as they were not included among the thirteen United States, but were at liberty to declare war or peace with Great Britain, without asking permission ; but so long as Congress declined to recognize Vermont in her in- dependence, they had no interest to fight Great Britain for the purpose of defending a frontier for the benefit of the United States, but that they were willing once more to ofi'er a union with the United States of America. Congress seemed inclined to entertain this propo- sition, while New Hampshire and New York put in their claims that Vermont was not entitled to inde- pendence, but belonged to them. Vermont claimed 31 ;i heaiiiii:", and was notif'K'd to a])pear on the lOtli day of Sept., 17S0, but her rej)iesentatives Avei e not aHowed to be heard, whereupon on the 22d day of Sept. they filed a remonstrance to the proceedings as the3' were being carried on, and declared that if such was to be the manner of treatment on the part of Congress, they were "ready to appeal to God and the world, who must l)e accountable for the awful consequences that may ensue." The contending parties were so much exasperated as to suggest an alliance with Great Britain in case their rights were not respected. There was danger in this suggestion, but in order to obtain a decision in favor of Vermont, it was important to show^ that her military power would be of some value to the United States, and not be absorbed in contentions with other States. There was no time lost by either of the States in making reasonable and unreasonable efforts in their ow^n behalf. It was soon discovered that the inhabitants in most of the towns in western New Hampshire were desirous of being annexed to Vermont, who now^ proposed to take up the weapt)ns used by her oppo- nents, to wit, the claiming of jurisdiction. There- upon a convention was held at Charlestown, N. H., Jan. IGth, 17S1, and 4o towns in western New Hampshire were represented therein, a large major- ity being in favor of forming anothei- union with Vermont; and a connnittee was appointed to con- sider the matter and report. On the 10th day of 32 February the assembly of Vermont, sitting at Wind- sor, received information from the committee that the convention of the New Hampshire towns "was desirous of being united with Vermont in one sepa- rate, independent government, upon such principles as should be mutually thought the most equitable and beneficial to the whole." On the 14th day of February, the Assembly of Vermont resolved to lay "a jurisdictional claim to all the lands whatever, east of Connecticut river north of Massachusetts, west of the Mason line and south of forty-five degrees north latitude." The convention of the New Hampshire towns, then in session at Cornish on the opposite side of the river, agreed upon a union on the 22d day of February; and the Assembly of Vermont re- solved that the union, thus confirmed, should be held sacred. New York by this time began to dis- cover that the frontier needed defence, and the in- habitants adjacent to Vermont petitioned the Assem- bly of that State for protection. Upon this petition the Assembly of Vermont re- solved to "lay a jurisdictional claim to all the land situate north of the north line of the state of Massa- chusetts, extending the same to Hudson's river ; the east of the center of the deepest channel of said river, to the head thereof; from thence east of a north line, being extended to latitude 45 degrees ; and south of the same line, including all the lands and waters to the place where this State exercises jurisdiction." In each of these unions jurisdiction was not to he exerciscMl lor the tiiiR' being; Imt pe- titions were* soon received from tlie inliJihitants of* New York praying that W*rniont might exercise jurisdiction without further dehiy. These hist un- ions were more remarkable than any former ellbrt in that direction, being accomplished while New York and New Hampshire were using every eflbrt in their power to extend their claims over the whole terri- tory of Vermont. When New Hampshire, New York and Massachu- setts, were seeking to absorb the territory of Ver- mont, there was little or no sympathy manifested for either state outside of its own limits ; but when Vermont turned the tables upon all of them, by hi}^- ing chiim to a large portion of New Hampshire and New York, its policy, though aggressive, met with so much favor that 35 towns in western New Hamp- shire and 10 districts in eastern New York, were represented in the Assembly of Vermont, June 16th, 1781. On the 2()tli day of August Congress passed a re- solve setting forth that the people inhabiting the territory called Vermont, as preliminary to their admissioji into the federal union, should relinquish all demands or claims of jurisdiction on the east side of the west bank of Connecticut river, and also its claim west of a line 20 miles east of Hudson's river. In October the Assembly of Vermont convened at Charlestown, N. H., and the resolve of Congress was presented and rejected on the ground that it would L.ofC. 34 become necessary to break faith with New Hamp- shire in order to comply with the provision of Con- gress, Vermont, however, expressed a willingness to submit the boundary question to a commission. New York became thoroughly frightened by the proceedings of Congress, and its Legislature claimed that that body had no right to intermeddle with matters of jurisdiction except in cases of dispute be- tween two states already in the union, nor to admit even a British colony, except Canada, without the consent of nine states, nor to create a new state by dismembering one of the thirteen United States, without unanimous consent of the invaded state ; and against all such procedure they entered. a sol- emn protest. At this time Gov. Chittenden opened correspondence with Gen. Washington, claiming that Vermont had been driven to desperation by the in- justice of those who should have been her friends. This correspondence was interrupted by the appear- ance of new and more threatening danger. The Sheriff of ii. New Hampshire county which had been admitted to a union with Vermont, in- formed Gov. Chittenden that New Hampshire was preparing to compel those who had formed a union with Vermont, to conform to the authority of New Hampshire. While this excitement was at fever heat, the authorities of New York were trying to sujDpress what they called an insurection among the citizens who had united with Vermont. This new feature in pu))lic affairs made lively work for the 35 inliabittuits of the New Ihiiiipsliiro Grants, and at one time it looked as tliouLL-li Vermont mi'dit have its lite sijueezed out between New llami^shire and New York. They were all badly frightened at the prospect of civil war, but their relations with Great Britain furnished an outlet for their belligerent ten- dencies till better judgment overruled the passions of the hour. The Commander-in-chief of the American army was much troubled by the contest between these states, and on the 1st day of Januarj^ 1782, he re- plied to Gov. Chittenden, advising Vermont to con- fine its jurisdic'tioii to its old limits, and thereby obtain an aekiiowJedgnuMit of independence by vir- tue of the resolutioji of the 20th of August, 1781. In February, 1782, the Assembly of Vermont met at lienniuL'ton, and the letter of Gen. Washinoton was there presented, and it was agreed to comply with his suggestion, whereupon the Assembly resol- ved. "That the forei>ointi; reconnnendation be com- plied with, and that the west banks of Connecticut river, and a line bei>;innin«; at the northwest corner of the State of Massachusetts ; from thence north- ward twenty miles east of Hudson's river, as specified / in the resolutions of Congress in August last, be con- sidered as the east and west boundaries of this State. \ That this Assembly do hereby relin((uish all claims and demands to, and rights of jurisdiction in and over any and every district of territory Avithout said boundary lines." 36 The delicacy about encroaching upon the good faith of New Hampshire had been forgotten by Ver- mont, and the eastern union, which she had declared should be held sacred, was dissolved in a suunnary manner ; and by a like process the western union was also terminated. Vermont having thus complied with the resolves of Congress, proceeded to take measures for her ad- mission into the union of states. The application was refused, and the people of Vermont began to suspect that Congress was not inclined to deal with them as had been intimated ; but they continued to appoint agents to perfect arrangements for admis- sion. Congress withdrew the continental troops, leaving the frontier exposed to the encroachments of the enemy. Vermont thus shorn of much of her political power, and essentially weakened in her means of defence, so long as she should exist outside of the Federal Government, still continued to assert her independence by declaring that she had as good ' a right to the same as Congress, and as much au- thority to pass resolutions j^rescribing measures to Congress as Congress had to give directions to her. Some of the enemies of Vermont had been ban- ished and their estates confiscated ; and Congress demanded that full restoration should be made be- fore the state could Ijc admitted. New York was using every effort to keep Vermont out of the union, and the controversy between these three pow- ers continued till October 2Sth, 1790, when the As- seinbly of A'oriuoiit, imdor advice of coininissioiiers iVoiu l.otli the state.s agreed to pay $30,000 to New York in settlement of all matters between them in relation to boundary lines; and Vermont was ad- mitted as a State, Feb. 18tli, 1701., at which time all controversy with New Hampshire, New York and Massachusetts, was brought to a close. Such has been the history of the unions, secessions and disunions of New Hampshire and Vermont, in early times. It may be easy to criticise New Hamp- shire for the part she took in furnishing material for this history. We may claim that Gov. AYentworth was a trespasser and a swindler; but if such was the fact, M'hat shall we sav of those who bouuht and paid for their lands in good faith, with a view to make themselves homes, establish institutions of learning, and receive further light in civilization ? Are they to be censured for forming unions with a friendly ally, without reference to jurisdiction or boundary lines, when an unrelenting enemy with tomahawk and scalping knife in hand, stood ready to invade their peaceful liresides? If they met in secret conclave or open convention, resolving to do a work which they were unable to perform, are they to be looked upon with contempt for changing their course, their resolution, or their vote? Are tliej^ to be blamed for dissolving an unsatisfactory union and and forming another more complete and beneficial ? I might set forth in detail the action of the several towns on both sides of the river in relation to these 38 unions, and delineate some of the scenes and per- sonal encounters of those stirring times ; but none of them, nor all combined, would change your opin- ion in relation to the honor and fidelity of the early patriots of New Hampshire. Without means of ready communication, liable to be surprised at any moment, day or night, by an uncivilized and dan- gerous foe, their willingness to unite with their friends and neighbors for the common defence was a virtue not to be despised ; and tlie struggles they endured in behalf of their families, their homes and firesides, were not prompted by a spirit of invasion, nor the allurements of conquest. After the dissolution of the eastern and western unions, in 1782, New Hampshire took but little in- terest in what transpired between New York and Vermont, or between both those states and Congress. This was not an unnatural course to pursue, for she had acquired an extensive territory not included in the grant to John Mason, which defined the actual territory of New Hampshire. Nor is there anything connected with the entire history of the New Hamp- shire Grants beyond the comprehension of an intel- ligent mind, or that could not be satisfactorially ex- plained and accounted for, would time permit. Had New Hampshire been settled exclusively by the English as far west as the Connecticut river, Ver- mont by natives of Massachusetts and Connecticut, and New York by the Dutch, the unions, secessions and disunions, now seeming so peculiar to the local 39 liistorian, would novcr have occurred ; and whoever traces out the «;'cneah)uy of the races who inhabited this territory previous to 1780, will find a key to all the strange problems with wliich the historian has been perplexed. It is true that the inhabitants of the New Hamp- shire Grants were a peculiar people. They were adventurers, seeking homes in the wilderness, sur- rounded by hostile and warlike tribes who sought to overwhelm and destroy the unprotected colony. They acknowledged no superior authority, except God, the king, and the Continental Congress. They enjoyed freedom of speech, an uncontaminated at- mosphere, and ])]enty of hard work. They erected their rude dwellings, churches and school houses, subdued the forests, and planted the germ of a high- er civilization. Tlie sunlight that had gilded the mountain tops through the lingering decades of un- recorded ages responded to the march of improve- ment, and the vallevs were made to blossom like the rose. Their integrity, their honorable bearing towards all men, their brave conduct in times of peril, their hdelity to the most complete liberty of mind and conscience, together with an unfaltering- faith in energy, perseverance and self reliance, made them a terror to ;ill tyrants, and champions of the highest type of freedom. No settlement was ever made on the habitable globe by a more stern and conscientious race than were the rustic pioneers who established their homes 40 within the jurisdiction of the New Hampshire Grants. Many of tliem had before been familiar with pioneer life, earning day by day their scanty meal and home- spun raiment, — destitute of every luxury except a clear conscience, and willing to spend their lives for the benefit of religious freedom, liberal education and good morals. They were quick to resent an injury, but ready to repair a wrong; and sometimes, with slight cause, they entered the arena of strife in behalf of state or country; and the daring deeds they performed at Ticonderoga and Bennington, give a peculiar charm to American history. Whether they espoused the cause of New Hamp- shire, Vermont or Massachusetts, let the annals of a great empire continue to glow with the recorded valor of these illustrious men. Dec %^lQOi DEC 18 1901 LIBRARY OF CONGRESS 014 042 983 1 S^ft